SFY14 TCAA FA CHECK WRITING CONTRACT 10-1-13.DOCX

CONTRACT FOR SERVICES AGREEMENT
This Contract for Services Agreement (“Agreement”) is entered into by and between Maricopa County
(“County” or “Department”), administered by its Human Services Department, and Tempe Community
Action Agency, an Arizona corporation (“Contractor”) for the provision of Check Writing Services
(“Services”). The County or Department and the Contractor are collectively referred to as “Parties” or
individually as “party.”
1.0 CONTRACT TERM:
1.1 This Contract is effective July 1, 2013 and ends the 30th day of June, 2014.
2.0 PAYMENTS:
2.1 On or before the tenth (10th) working day of the month following a month of service
delivery by the Contractor, the Contractor shall submit a proper invoice to be considered
for performance of the duties described herein. Upon approval of such invoice as
described in Section 2.3.1 below, the County shall compensate Contractor no more than
monthly and for a total amount not to exceed the sum(s) stated in Exhibit “A” for the
Contract term.
2.2 Payment shall be made upon the County’s receipt of a properly completed claim as listed
below.
3.0 CLAIMS:
3.1 The Contractor shall submit a monthly Financial Claim Form (Claim) to Maricopa
County Human Services Department/Community Services Division (MCHSD/CSD)
before payment(s) can be made by the County as provided for under this Contract. At a
minimum, Claim must provide sufficient backup supporting the current amount requested
for the month. A template Claim form shall be provided by the MCHSD/CSD to the
Contractor for its use.
3.2 Problems regarding billing or Claims shall be directed to the MCHSD/CSD as listed in
this Contract.
3.3 Payment shall be made to the Contractor by Accounts Payable through the Maricopa
County Vendor Express Payment Program. This is an Electronic Funds Transfer (EFT)
process. After Award the Contractor shall fill out an EFT Enrollment form located on the
County Department of Finance Website as a fillable PDF document
(www.maricopa.gov/finance/)
3.4 EFT payments to the routing and account numbers designated by the Contractor will
include the details on the specific Claims the payment covers. The Contractor is required

to discuss remittance delivery capabilities with their designated financial institution for
access to those details.
3.5 Should the County make a disallowance on the Claim, the Claim will be processed for the
reduced amount. If the Contractor disputes the amount or the reasons for a disallowance,
the dispute shall be construed as a contract dispute concerning a question of fact within
the meaning of the ‘Disputes” clause of this Contract.
4.0 AVAILABILITY OF FUNDS:
4.1 The provisions of this Contract relating to payment for services shall become effective
when funds assigned for the purpose of compensating the Contractor as herein provided
are actually available to County for disbursement. The County shall be the sole judge and
authority in determining the availability of funds under this Contract. County shall keep
the Contractor fully informed as to the availability of funds.
4.2 If any action is taken by any state agency, Federal department, or any other agency or
instrumentality to suspend, decrease, or terminate its fiscal obligations under or in
connection with, this Contract, County may amend, suspend, decrease, or terminate its
obligations under, or in connection with, this Contract. In the event of termination,
County shall be liable for payment only for services rendered prior to the effective date of
the termination, provided that such services are performed in accordance with the
provisions of this Contract. County shall give written notice of the effective date of any
suspension, amendment, or termination under this Section, at least ten (10) days in
advance.
5.0 DUTIES:
5.1 The Contractor shall perform all duties stated in Exhibit “A” Scope of Services, or as
otherwise directed in writing by the Assistant Director.
5.2 Whenever the Contractor is unable or expects to be unable to perform any of the work
and/or provide any of the services required by the terms of this contract, the Contractor
shall immediately notify the Assistant Director in writing.
6.0 TERMS and CONDITIONS:
6.1 DEFINITIONS:
6.1.1 ADES means the Arizona Department of Economic Security.
6.1.2 Agency means the Contractor’s business operation.
6.1.3 Assistant Director means the Assistant Director of the Community Services
Division of the Maricopa County Human Services Department.
6.1.4 Chief Procurement Officer means the head of the County’s Office of
Procurement Services.
6.1.5 County means Maricopa County, a political subdivision of the State of Arizona.
6.1.6 County Procurement Officer means County Office of Procurement Services
staff person specifically responsible for administering this Contract and liaison
with the County’s Human Services Department.
6.1.7 Department means the Maricopa County Human Services Department, or
MCHSD.
6.1.8 Director means the Director of the Department.

6.1.9 Division means the Community Services Division of the Department, or CSD.
6.1.10 Provider means the Contractor and any (County pre-approved) Subcontractor
providing services under this Contract.
6.1.11 Public Agency has the meaning prescribed by A.R.S. § 11-951.
6.2 INDEMNIFICATION:
6.2.1 The Contractor shall, and shall cause any of its Subcontractors to, indemnify,
defend save and hold harmless the State of Arizona and Maricopa County, any
jurisdiction or agency issuing any permits for any work arising out of this Contract,
and their respective directors, officers, officials, agents, and employees (hereinafter
referred to as “Indemnitee”) from and against any and all claims, actions, liabilities,
damages, losses, or expenses (including court costs, attorneys’ fees, and costs of
claim processing, investigation and litigation) (hereinafter referred to as “Claims”)
for bodily injury or personal injury (including death), or loss or damage to tangible
or intangible property caused, or alleged to be caused, in whole or in part, by the
negligent or willful acts or omissions of Contractor and any of its Subcontractors,
or any of the directors, officers, agents, or employees of Contractor and any of its
Subcontractors. This indemnity includes any claim or amount arising out of or
recovered under the Workers’ Compensation Law or arising out of the failure of
the Contractor or any of its Subcontractors to conform to any federal, state or local
law, statute, ordinance, rule, regulation or court decree. It is the specific intention
of the Parties that the Indemnitee shall, in all instances, except for Claims arising
solely from the negligent or willful acts or omissions of the Indemnitee, be
indemnified by the Contractor and any of its Subcontractors from and against any
and all claims. It is agreed that the Contractor and any of it Subcontractors will be
responsible for primary loss investigation, defense and judgment costs where this
indemnification is applicable.
6.2.2 The amount and type of insurance coverage requirements set forth herein will in
no way be construed as limiting the scope of the indemnity in this paragraph.
6.2.3 The scope of this indemnification does not extend to the sole negligence of
County.
6.3 INSURANCE REQUIREMENTS:
6.3.1 Contractor, at Contractor’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 B++. In
lieu of State of Arizona licensing, the stipulated insurance may 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.
6.3.2 All insurance required herein shall be maintained in full force and effect until all
work or service required to be performed under the terms of the Contract is
satisfactorily completed and formally accepted. Failure to do so may, at the sole
discretion of County, constitute a material breach of this Contract.

6.3.3 Contractor’s insurance shall be primary insurance as respects County, and any
insurance or self-insurance maintained by County shall not contribute to it.
6.3.4 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.
6.3.5 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.
Contractor shall be solely responsible for the deductible and/or self-insured
retention and County, at its option, may require Contractor to secure payment of
such deductibles or self-insured retentions by a surety bond or an irrevocable and
unconditional letter of credit.
6.3.5.1 Any modification or variation of these Insurance Requirements under
this Contract must have prior approval from Maricopa County Risk
Management, whose decision shall be final. Such action will not require
a formal contract amendment, but may be made by administrative action,
as indicated in “Changes Originated by the Department” and “Contractor
Changes” Sections of this Contract.
6.3.6 Contractor shall furnish certified copies of any or all of the herein required
insurance certificates prior to services being provided by the Contractor under
any resulting Contract. County shall not be obligated to review policies and/or
endorsements or to advise Contractor of any deficiencies in such policies and
endorsements, and such receipt shall not relieve Contractor from, or be deemed a
waiver of County’s right to insist on strict fulfillment of Contractor’s obligations
under this Contract.
6.3.6.1 All certificates required by this Contract shall be sent directly to
Maricopa County Human Services Department (Attn: Community
Services Division), 234 N. Central Avenue, Suite 3000, Phoenix, AZ
85004.
6.3.7 The insurance policies required by this Contract, except Workers’ Compensation,
shall name County, its agents, representatives, officers, directors, officials and
employees as Additional Insureds.
6.3.8 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 Contractor’s work or service.
6.3.9 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.
6.3.10 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 Contractor’s owned, hired, and non-owned vehicles assigned to or
used in performance of the Contractor’s work or services under this Contract.
6.3.11 Workers’ Compensation:
6.3.11.1 Workers’ Compensation insurance to cover obligations imposed by
federal and state statutes having jurisdiction of Contractor’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.
6.3.11.2 Contractor 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
Contractor pursuant to this Contract.
6.3.12 Certificates of Insurance.
6.3.12.1 Prior to commencing work or services under this Contract, Contractor
shall furnish the County with valid and complete certificates of
insurance, or formal endorsements as required by the Contract in the
form provided by the County, issued by Contractor’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 identify this contract number and title.
6.3.12.2 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 Contractor’s work or services and
as evidenced by annual Certificates of Insurance.
6.3.12.3 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.
6.4 WARRANTY OF SERVICES:
6.4.1 The Contractor warrants that all services provided hereunder will conform to the
requirements of the Contract, including all descriptions, specifications and

attachments made a part of this Contract. County’s acceptance of services or
goods provided by the Contractor shall not relieve the Contractor from its
obligations under this warranty.
6.4.2 In addition to its other remedies, County may, at the Contractor's expense,
require prompt correction of any services failing to meet the Contractor's
warranty herein. Services corrected by the Contractor shall be subject to all the
provisions of this Contract in the manner and to the same extent as services
originally furnished hereunder.
6.5 CONTRACT COMPLIANCE MONITORING
The County will monitor the Contractor's compliance with, and performance under, the
terms and conditions of this Contract. On-site visits for Contract compliance monitoring
may be made by the County and/or its grantor agencies at any time during the Contractor's
normal business hours, announced or unannounced. The Contractor shall make available
for inspection and/or copying by the County's monitors, all records and accounts relating to
the work performed or the services provided under this Contract, or for similar work and/or
service provided under other grants and agreements.
6.6 DRUG-FREE WORKPLACE ACT:
The Contractor agrees to comply with the Drug-Free Workplace Act of 1988 (Public Law
100-690). This statute required 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 contract.
6.7 INTERNET ORDERING CAPABILITY:
The County intends, at its option, to use the Internet to communicate and to place orders
under this Contract.
6.8 NOTICES:
All notices given pursuant to the terms of this Contract shall be addressed to:
For County:
Contractual issues:
Maricopa County Human Services Department
Attn: Margarita Leyvas, Assistant Director
Community Services Division (CSD)
234 N. Central Ave., Suite 3000
Phoenix, Arizona 85004
For Contractor:
Tempe Community Action Agency
2150 East Orange Street
Tempe, AZ 85281

6.9 REQUIREMENTS CONTRACT:
6.9.1 Contractor signifies its understanding and agreement by signing this document
that this Contract is a requirements contract. This Contract does not guarantee
any purchases will be made (minimum or maximum). Orders will only be placed
when County identifies a need and issues a purchase order or a written notice to
proceed.
6.9.2 County reserves the right to cancel purchase orders or notice to proceed within a
reasonable period of time after issuance. Should a purchase order or notice to
proceed be canceled, the County agrees to reimburse the Contractor for actual
and documented costs incurred by the Contractor. The County will not reimburse
the Contractor for any avoidable costs incurred after receipt of cancellation, or
for lost profits, or shipment of product or performance of services prior to
issuance of a purchase order or notice to proceed.
6.9.3 Purchase orders will be cancelled in writing.
6.10 TERMINATION FOR CONVENIENCE:
The County reserves the right to terminate the Contract, in whole or in part at any time,
when in the best interests of the County without penalty or recourse. Upon receipt of the
written notice, the Contractor shall immediately stop all work, as directed in the notice,
notify all subcontractors of the effective date of the termination and minimize all further
costs to the County. In the event of termination under this paragraph, all documents, data
and reports prepared by the Contractor under the Contract shall become the property of
and be delivered to the County upon demand. The Contractor shall be entitled to receive
just and equitable compensation for work in progress, work completed and materials
accepted before the effective date of the termination.
6.11 TERMINATION FOR DEFAULT:
6.11.1 In addition to the rights reserved in the Contract, the County may terminate the
Contract in whole or in part due to the failure of the Contractor to comply with
any term or condition of the Contract, to acquire and maintain all required
insurance policies, bonds, licenses and permits, or to make satisfactory progress
in performing the Contract. The Assistant Director shall provide written notice of
the termination and the reasons for it to the Contractor.
6.11.2 Upon termination under this paragraph, all goods, materials, documents, data and
reports prepared by the Contractor under the Contract shall become the property
of and be delivered to the County on demand.
6.11.3 The County may, upon termination of this Contract, procure, on terms and in the
manner that it deems appropriate, materials or services to replace those under this
Contract. The Contractor shall be liable to the County for any excess costs
incurred by the County in procuring materials or services in substitution for those
due from the Contractor.
6.11.4 The Contractor shall continue to perform, in accordance with the requirements of
the Contract, up to the date of termination, as directed in the termination notice.

6.12 STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF INTEREST:
Notice is given that pursuant to A.R.S. §38-511 the County may cancel this Contract
without penalty or further obligation within three years after execution of the contract, if
any person significantly involved in initiating, negotiating, securing, drafting or creating
the contract on behalf of the County is at any time while the Contract or any extension of
the Contract is in effect, an employee or agent of any other party to the Contract in any
capacity or consultant to any other party of the Contract with respect to the subject matter
of the Contract. Additionally, pursuant to A.R.S §38-511 the County may recoup any fee
or commission paid or due to any person significantly involved in initiating, negotiating,
securing, drafting or creating the contract on behalf of the County from any other party to
the contract arising as the result of the Contract.
6.13 OFFSET FOR DAMAGES:
In addition to all other remedies at law or equity, the County may offset from any money
due to the Contractor any amounts Contractor owes to the County for damages resulting
from breach or deficiencies in performance under this contract.
6.14 ADDITIONS/DELETIONS OF SERVICE:
The County reserves the right to add and/or delete services provided under this Contract.
If a requirement is deleted, payment to the Contractor will be reduced proportionately to
the amount of service reduced in accordance with the proposal price. If additional
services are required from this Contract, prices for such additions will be negotiated
between the Contractor and the County.
6.15 RELATIONSHIPS:
In the performance of the services described herein, the Contractor shall act solely as an
independent contractor, and nothing herein or implied herein shall at any time be
construed as to create the relationship of employer and employee, partnership, principal
and agent, or joint venture between the District and the Contractor.
6.16 AMENDMENTS:
All amendments to this Contract shall be in writing and approved/signed by both parties.
Maricopa County Office Of Procurement Services shall be responsible for approving all
amendments for Maricopa County.
6.17 RETENTION OF RECORDS:
6.17.1 The Contractor agrees to retain all books, records, accounts, statements, reports,
files, and other records and back-up documentation relevant to this Contract 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 latest. The
County, Federal or 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 said materials.

6.17.2 If the Contractor’s books, records , accounts, statements, reports, files, and other
records and back-up documentation relevant to this Contract are not sufficient to
support and document that requested services were provided, the Contractor shall
reimburse Maricopa County for the services not so adequately supported and
documented.
6.18 AUDIT DISALLOWANCES:
If at any time, County determines that a cost for which payment has been made is a
disallowed cost, such as overpayment, County shall notify the Contractor in writing of
the disallowance. County shall also state the means of correction, which may be but shall
not be limited to adjustment of any future claim submitted by the Contractor by the
amount of the disallowance, or to require repayment of the disallowed amount by the
Contractor.
6.19 ALTERNATIVE DISPUTE RESOLUTION:
6.19.1 Except as may otherwise be provided for in this Contract, any dispute arising out of
this Contract 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.
6.19.2 Notice of the specific grounds of a dispute shall be in writing and filed with the
Department’s Assistant Director, or 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 Assistant Director or County Procurement Officer, as
applicable, shall respond in writing to Contractor within fourteen (14) working
days. The decision of the Assistant Director 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.
6.19.3 Pending a final decision of the Chief Procurement Officer, the Contractor shall
proceed diligently with its performance of this Contract in accordance with the
Assistant Director or County Procurement Officer’s decision.
6.20 SEVERABILITY:
The invalidity, in whole or in part, of any provision of this Contract shall not void or
affect the validity of any other provision of this Contract.
6.21 RIGHTS IN DATA:
The County shall own and have the use of all data and reports resulting from this
Contract without additional cost or other restriction except as provided by law. Each
party shall supply to the other party, upon request, any available information that is
relevant to this Contract and to the performance hereunder.

6.22 INTEGRATION:
This Contract represents the entire and integrated agreement between the parties and
supersedes all prior negotiations, proposals, communications, understandings,
representations, or agreements, whether oral or written, express or implied.
6.23 VERIFICATION REGARDING COMPLIANCE WITH ARIZONA REVISED
STATUTES §41-4401 AND FEDERAL IMMIGRATION LAWS AND
REGULATIONS:
6.23.1 By entering into the Contract, the Contractor warrants compliance with the
Immigration and Nationality Act (INA using e-verify) and all other federal
immigration laws and regulations related to the immigration status of its employees
and A.R.S. §23-214(A). The contractor shall obtain statements from its
subcontractors certifying compliance and shall furnish the statements to the
Assistant Director upon request. These warranties shall remain in effect through the
term of the Contract. The Contractor and its subcontractors shall also maintain
Employment Eligibility Verification forms (I-9) as required by the Immigration
Reform and Control Act of 1986, as amended from time to time, for all employees
performing work under the Contract and verify employee compliance using the E-
verify system and shall keep a record of the verification for the duration of the
employee’s employment or at least three years, whichever is longer. I-9 forms are
available for download at USCIS.GOV.
6.23.2 The County retains the legal right to inspect contractor and subcontractor employee
documents performing work under this Contract to verify compliance with
paragraph 6.23.1 of this Section. Contractor and subcontractor shall be given
reasonable notice of the County’s intent to inspect and shall make the documents
available at the time and date specified. Should the County suspect or find that the
Contractor or any of its subcontractors are not in compliance, the County will
consider this a material breach of the contract and may pursue any and all remedies
allowed by law, including, but not limited to: suspension of work, termination of
the Contract for default, and suspension and/or debarment of the Contractor. All
costs necessary to verify compliance are the responsibility of the Contractor.
6.24 CONTRACTOR LICENSE REQUIREMENT:
6.24.1 The Contractor shall procure all permits, insurance, licenses and pay the
charges and fees necessary and incidental to the lawful conduct of his/her
business, and as necessary complete any required certification
requirements, required by any and all governmental or non-governmental
entities as mandated to maintain compliance with and in good standing for
all permits and/or licenses. The Contractor shall keep fully informed of
existing and future trade or industry requirements, Federal, State and Local
laws, ordinances, and regulations which in any manner affect the
fulfillment of this Contract and shall comply with the same. Contractor
shall immediately notify both Office of Procurement Services and the
using agency of any and all changes concerning permits, insurance or
licenses.

6.25 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
6.25.1 The undersigned (authorized official signing for the Contractor) certifies to
the best of his or her knowledge and belief, that the Contractor, defined as
the primary participant in accordance with 45 CFR Part 76, and its
principals:
6.25.1.1 Are not presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from covered
transactions by any Federal Department or agency;
6.25.1.2 Have not within 3-year period preceding this Contract been
convicted of or had a civil judgment rendered against them for
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;
violation of Federal or State antitrust statues or commission of
embezzlement, theft, forgery, bribery, falsification or destruction
of records, making false statements, or receiving stolen property;
6.25.1.3 Are not presently indicted or otherwise criminally or civilly
charged by a government entity (Federal, State or local) with
commission of any of the offenses enumerated in paragraph (2)
of this certification; and
6.25.1.4 Have not within a 3-year period preceding this Contract had one
or more public transactions (Federal, State or local) terminated
for cause of default.
6.25.2 Should the Contractor not be able to provide this certification, an
explanation as to why should be attached to the Contact.
6.25.3 The Contractor agrees to include, without modification, this clause in all
lower tier covered transactions (i.e. transactions with approved
subcontractors) and in all solicitations for lower tier covered transactions
related to this Contract.
6.26 COMPUTER HARDWARE/SOFTWARE:
The Contractor shall comply with Federal copyright laws applicable to software
licenses. In addition, all policies and agreements between County and the Contractor
related to contract equipment, software, internet accessible database system, and
access shall be implemented and monitored. Annually, Contractor shall submit an
inventory of all County provided hardware and/or software to the Department
Assistant Director.
6.27 GOVERNING LAW:
This Contract shall be governed by the laws of the state of Arizona. Venue for any
actions or lawsuits involving this Contract will be in Maricopa County Superior
Court or in the United States District Court for the District of Arizona, sitting in
Phoenix, Arizona

6.28 OFFICIALS NOT TO BENEFIT:
No member of the Department, Maricopa County, the Arizona State Legislature, or
member of, or delegate to Congress, or a resident Commissioner will be admitted to
any share or part of this Contract, or to any benefit that may arise therefrom; but this
provision shall not be construed to extend to this Contract if made with a corporation
for its general benefit
6.29 CONTINGENCY RELATING TO OTHER CONTRACTS AND GRANTS:
6.29.1 The Contractor shall, during the term of this Contract, immediately inform
the Department Assistant Director in writing of the award of any other
contract or grant including any other contract or grant awarded by the
Department where the award of such contract or grant may affect either the
direct or indirect costs being paid / reimbursed under this Contract. Failure
by the Contractor to notify the Department of such award shall be
considered a violation of the Contract and the Department shall have the
right to annul this Contract without liability.
6.29.2 The Department Assistant Director may request, and the Contractor shall
provide within a reasonable time, a copy of such other contract or grant,
when in the opinion of the Department Assistant Director the award of the
other contract or grant may affect the costs being paid or reimbursed under
this Contract.
6.29.3 If the Department Assistant Director determines that the award to the
Contractor of such other Federal, State or County contract or grant has
affected the costs being paid or reimbursed under this Contract, the
Department Assistant Director will prepare a Contract Amendment effecting
a cost adjustment. If the Contractor protests the proposed cost adjustment,
the protest shall be construed as a dispute within the meaning of the
"Disputes" clause contained herein.
6.30 EQUAL EMPLOYMENT OPPORTUNITY:
6.30.1 Contractor shall comply with Executive Order 75-5, as modified by
Executive Order 2009-09, which mandates that all persons, regardless of
race, color, religion, sex, age, national origin, or political affiliation, shall
have equal access to employment opportunities, and all other applicable
State and Federal employment laws, rules and regulations, including the
Americans with Disabilities Act. The Contractor shall take affirmative
action to ensure that applicants for employment and employees are not
discriminated against due to race, creed, religion, sex, national origin or
disability.
6.30.2 The Contractor shall comply with the Americans with Disabilities Act of
1990 (Public Law 101-336), and as may be amended. The Contractor shall

comply with the Arizona Disability Act of 1992 (A.R.S. §41-1492 et seq.),
which prohibits discrimination on the basis of physical or mental
disabilities in delivering contract services or in the employment, or
advance in employment, of qualified persons.
6.31 FINANCIAL MANAGEMENT
The Contractor shall establish and maintain a special (separate) accounting system
that assures the safeguarding and accountability of all transactions provided under
this Contract. Any accounting system utilized shall be in accord with generally
accepted accounting principles.
6.32 INDEPENDENT AUDITOR FINANCIAL REPORT:
A copy of the Contractor’s Annual Independent Auditor’s Report for the term of
the Contract must be submitted to the Department when it becomes available.
6.33 LOBBYING:
6.33.1 The Contractor certifies to the best of their knowledge and belief, that no
Federal appropriated funds have been paid or will be paid, by or on behalf of
either party, 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 agreement, the making of any
Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amend-
ment, or modification of any Federal contract, grant, loan, or cooperative
agreement.
6.33.2 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 this
Federal contract, grant, loan or cooperative agreement, either party shall
complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
6.33.3 The Contractor shall require that the language of Lobbying certification be
included in the award documents for all sub-awards at all tiers (including
subcontracts, sub-grants, and contract under grants, loans, and cooperative
agreements) and that all sub-recipients shall certify and disclose
accordingly.
6.33.4 This certification is a material representation of fact upon which reliance
was placed when this transaction was made or entered into. Submission of
this certification is prerequisite for making or entering into this transaction
imposed by section 1352, Title 31, U.S. Code. Any person who fails to file
the required certification shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.

6.34 MINIMUM WAGE REQUIREMENTS:
The Contractor agrees and warrants that it shall pay all its employees engaged in
performing work or providing services under the terms of this Contract not less than the
minimum wage specified under Section 6(a)(1) of the Fair Labor Standards Act of 1938, as
amended.
6.35 OFFSHORE PERFORMANCE OF WORK PROHIBITED:
Due to security and identity protection concerns, direct services under this Contract shall
be performed within the borders of the United States. Any services that are described in
the specifications or scope of work that directly serve the State of Arizona or its clients
and may involve access to secure or sensitive data or personal client data or development
or modification of software for the State shall be performed within the borders of the
United States. Unless specifically stated otherwise in the specifications, this definition
does not apply to indirect or “overhead” services, redundant back-up services or services
that are incidental to the performance of the Contract. The provision applies to work
performed by subcontractors at all tiers.
6.36 SAFEGUARDING OF PARTICIPANT/CLIENT INFORMATION:
6.36.1 The use of disclosure by any party of any information concerning an applicant for,
or recipient of, service under this Contract is directly limited to the conduct of this
Contract. 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.
6.36.2 The Contractor shall comply with the requirements of Arizona Address
Confidentiality Program, A.R.S. § 41-161 et. seq. MCHSD/CSD will advise the
Contractor as to applicable policies and procedures ADES has adopted for such
compliance.
6.37 SINGLE AUDIT ACT REQUIREMNTS:
Contractors in receipt of Federal funds through the Department are subject to Federal audit
requirements according to P.L. 98-502, "The Single Audit Act". The Contractor shall
comply with OMB A-133. Upon completion, such audits shall be made available for public
inspection and submitted to the other party for review within thirty (30) days of completion.
Audits shall be submitted within the nine (9) 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. Contractor shall consider sanctions as described in section 17 OMB A-128 for non-
compliance with the audit requirements.
6.38 TECHNICAL ASSISTANCE:
The Department will provide reasonable technical assistance to the Contractor to assist in
complying with State and Federal laws, regulations and accountability for diligent
performance and compliance with the terms and conditions of this Contract and all
applicable laws, regulations and standards. However, this in no way relieves the Contractor
of full responsibility and accountability for its actions and performance in compliance with
the terms of this Contract.

6.39 ADEQUACY OF RECORDS:
If the Contractor's books, records and other documents relevant to this Contract are not
sufficient to support and document that allowable services were provided to eligible
participants, the Contractor shall reimburse The Department for the services not supported
and documented.
6.40 EFFECT:
To the extent that the Scope of Services and the Terms and Conditions are in conflict, the
Work Statement(s) shall control.
6.41 CHANGES ORIGINATED BY THE DEPARTMENT:
Any dispute or disagreement resulting from written change orders shall constitute a dispute
within the meaning of the Disputes section under this Contract and shall be adjusted
accordingly.
The Department Assistant 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:
6.41.1 Minor work statement revisions: These changes will be communicated in writing
to the Contractor through written memorandums.
6.41.2 Administrative requirements such as reporting criteria: These changes will be
communicated in writing to Contractor through written memorandums.
6.42 CONTRACTOR CHANGES:
The Contractor is required to notify the Department Assistant Director, in writing, within
fifteen (15) calendar days, of any changes in the following:
 agency staff responsible for contract services
 agency authorized signatory
 agency address, phone, fax, email addresses
 person to whom contract notices should be sent
 any variation of insurance requirements as indicated in this Contract (notification
to the Department of this change shall be made within thirty (30) days of such
change)
6.43 DEPARTMENT DETERMINATIONS:
The Department reserves the right to decrease Contractor’s scope of services described
herein based on any over, under or non-performance resulting from agreement audit or
review by MCHSD or its designee. Such changes will be subject to Section 6.16
AMENDMENTS under this Contract.

6.44 RESPONSIBILITY FOR REPAYMENT OF DIRECT SERVICE FUNDS OR CHECK
WRITING FEE:
Should audit or review result in findings related to direct service funds or check writing
fees being paid for ineligible individuals or in amounts not approved by MCHSD staff, the
Contractor shall repay those funds to the Department upon written notification by the
MCHSD/CSD Operations Supervisor or Assistant Director.
6.45 DATA COLLECTION AND MANAGEMENT:
The Contractor is responsible for adhering to MCHSD data entry requirements and for the
timely, accurate data entry of information.
6.46 REPORTING REQUIREMENTS:
5.58.1 Unless otherwise provided in this contract, reporting shall adhere to the following
schedule: no later than the 10th working day following each month during the contract
term, the Contractor shall submit financial reports to the Department in the form set forth
in the contract. Failure to submit accurate and complete reports by the 10th working day
following the end of a month may result, at the option of the Department, in retention of
payment. Failure to provide such report within 45 calendar days following the end of a
month may result, at the option of the Department, in a forfeiture of such payment.
6.47 No later than the designated date, to be determined by the Department, following the
termination of this contract, Contractor shall submit to the Department final fiscal reports.
Failure to submit final fiscal reports within the designated time period may result, at the
option of the Department, in forfeiture of final payment.
6.48 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:
6.48.1 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. Such Contractor and subcontractor staff includes
current employees, whether paid or not, those who transfer into a direct service
position, volunteers, and new employees, whether paid or not.
6.48.2 If awaiting receipt of their clearance card, such staff shall provide services
ONLY under direct visual supervision and oversight of an employee who
possesses a fingerprint clearance card until staff is issued a valid fingerprint
clearance card that meets the Level One requirements.
6.48.3 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 or vulnerable adults, 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.
6.48.4 Should a staff’s fingerprint clearance card be revoked or suspended, such staff
shall immediately be prohibited from providing services under this Contract
unless granted a good cause exception pursuant to ARS 41-619.55. This Contract
may be cancelled or terminated immediately should it be discovered the
Contractor, or its subcontractor, did not prudently and immediately act upon such
information.
6.48.5 Contractor staff, whether paid or not, 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:
6.48.5.1Are awaiting trial on or have ever been convicted of any of the offenses
described in A.R.S. § 46-141 (as may be amended); or
6.48.5.2Ever committed any act of sexual abuse of a child, including sexual
exploitation and commercial sexual exploitation, or any act of child
abuse.
6.48.6 The Contractor shall assume the costs of fingerprint checks. The Department may
allow all or part of the costs of fingerprint clearance checks/cards to be included
as an allowable, reimbursable cost under this Contract.
6.48.7 Upon receiving the valid fingerprint clearance card, Contractor shall forward a
copy of the staff’s card, front and back, to the MCHSD Community Services
Division.
6.49 CODE OF CONDUCT
As prescribed in MC1-1202 of the Maricopa County Procurement Code, any effort to
influence an employee or agent to breach the Maricopa County Ethical Code of Conduct
or any ethical conduct, may be grounds for Disbarment or Suspension under MC1-902.
An attempt to influence includes, but is not limited to:
6.49.1 A Person offering or providing a gratuity, gift, tip, present, donation, money,
entertainment or educational passes or tickets, or any type valuable contribution
or subsidy,
6.49.2 That is offered or given with the intent to influence a decision, obtain a contract,
garner favorable treatment, or gain favorable consideration of any kind.
If a Person attempts to influence any employee or agent of Maricopa County, the Chief
Procurement Officer, or his designee, reserves the right to seek any remedy provided by
the Maricopa County Procurement Code, any remedy in equity or in the law, or any
remedy provided by this contract.

Additionally, the Contractor shall avoid any action that might create or result in the
appearance of:
6.49.3 Inappropriate use or divulging of information gathered or discovered pursuant to
the performance of its duties under the contract.
6.49.4 Acted on behalf of the County without appropriate authorization.
6.49.5 Provided favorable or unfavorable treatment to anyone.
6.49.6 Made a decision on behalf of the County that exceeded its authority, could result
in partiality, or have a political consequence for the County.
6.49.7 Misrepresent or otherwise impeded the efficiency, authority, actions, policies, or
adversely affect the confidence of the public or integrity of the Department.
6.49.8 Loss of impartiality when advising the Department.
6.50 LEVEL OF SERVICES
The Department makes no guarantee to purchase specific quantities of goods or services
as may be specified herein. Further, it is understood and agreed that this contract is for
the sole convenience of the Department and that the Department reserves the right to
obtain like goods or services from there sources when such need is determined necessary
by the Department.
6.51 PANDEMIC CONTRACTUAL PERFORMANCE
6.51.1 The Department shall require a written plan that illustrates how the contractor
shall perform up to contractual standards in the event of a pandemic. The
Department may require a copy of the plan at any time prior or post award of a
contract. At a minimum, the pandemic performance plan shall include:
6.51.1.1Key succession and performance planning if there is a sudden significant
decrease in contractor’s workforce.
6.51.1.2Alternative methods to ensure there are services or products in the supply
chain.
6.51.1.3An up to date list of agency contacts and organizational chart.
6.51.2 In the event of a pandemic, as declared by the Governor of Arizona, U.S.
Government or the World Health Organization, which makes performance of any
term under this contract impossible or impracticable, the Department shall have
the following rights:
6.51.2.1 After the official declaration of a pandemic, the Department may
temporally void the contract(s) in whole or specific sections if the
contractor cannot perform to the standards agreed upon in the initial
terms.

6.51.2.2 The Department shall not incur any liability if a pandemic is declared,
and emergency procurements are authorized by the Director of the
Arizona Department of Administration per A.R.S. § 41-2537 as may be
amended of the Arizona Procurement Code.
6.51.2.3 Once the pandemic is officially declared over and/or the contractor can
demonstrate the ability to perform, the Department, at its sole
discretion may reinstate the temporarily voided contract(s).
6.52 PAYMENT RECOUPMENT
6.52.1 The Contractor shall reimburse the Department upon demand or the Department
may deduct from future payments the following:
6.52.1.1 Any amounts received by the Contractor from the Department for
contract services which have been inaccurately reported or are found to
be unsubstantiated.
6.52.1.2 Any amount or benefit paid directly or indirectly to an individual or
organization not in accordance with the Substantial Interest section of
these terms and conditions.
6.52.1.3 Any amounts paid by the Department for services which duplicate
services covered or reimbursed by other specific grants, contracts, or
payments.
6.52.1.4 Any amounts expended for items or purposes determined unallowable
by the Department when this contract provides for the reimbursement
of costs, see the “Unallowable Costs” section of these Special
Provisions.
6.52.1.5 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.
6.52.1.6 Any amounts received by the Contractor from the Department which
are identified as a financial audit exception.
6.52.1.7 Any amounts paid or reimbursed in excess of the contract or service
reimbursement ceiling.
6.52.1.8 Any payments made for services rendered before the contract begin
date or after the contract termination date.
6.53 PERSONNEL
The Contractor's personnel shall satisfy all qualifications, carry out all duties, and work
the hours as set forth in this contract.

6.54 TRANSITION OF ACTIVITIES
In the event that a contract is awarded to a new contractor for services similar to those
being performed by Contractor under this contract, there shall be a transition of services
period. During this period, the contractor, under this contract, shall work closely with the
new contractor’s personnel and/or Department staff to ensure a smooth and complete
transfer of duties and responsibilities. The Department’s authorized representative will
coordinate all transition activities. A transition plan will be developed in conjunction with
the existing contractor to assist the new contractor and/or Department staff to implement
the transfer of duties. The Department reserves the right to determine which
projects/service delivery nearing completion will remain with the current Contractor of
record.
6.55 UNALLOWABLE COSTS
6.55.1 The cost principles set forth in the Code of Federal Regulations, 48 CFR, Chapter
1, Subchapter e, Part 31, (October 1, 1991), including later amendments and
editions, on file with the Arizona Secretary of State and incorporated by this
reference, shall be used to determine the allow ability of incurred costs for the
purpose of reimbursing costs under contract provisions that provide for the
reimbursement of costs. Those costs which are specifically defined as
unallowable therein will not be submitted for reimbursement by the Contractor
and may not be reimbursed with Department funds. In addition, the Contractor
shall comply with the following publications (including subsequent revisions), as
applicable:
6.55.1.1 OMB Circular A-122 (now relocated to 2 CFR, Part 230) for private
non-profit organizations other than institutions of higher education,
hospitals or others specified in A-122.
6.55.1.2 OMB Circular A-133 for audits of institutions of higher education and
other non-profit institutions.
6.56 SUBSTANTIAL INTEREST DISCLOSURE
Contractor shall not make any payments, either directly or indirectly, to any person,
partnership, corporation, trust, or any other organization which has a substantial interest
in Contractor's organization or with which Contractor (or one of its directors, officers,
owners, trust certificate holders or a relative thereof) has a substantial interest, unless
Contractor has made a full written disclosure of the proposed payments, including
amounts, to the Department.
Leases or rental agreements of property shall be in writing and accompanied by an
independent commercial appraisal of fair market rental, lease, or purchase value, as
appropriate.
For the purpose of this Section, "relative" shall have the same meaning as in A.R.S. §38-
502 as may be amended.
6.57 COPYRIGHTS:

If this Contract 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, or otherwise use and to authorize other to use, all copyrighted
material and all material which can be copyrighted resulting from this Contract.
6.58 PATENTS:
Any discovery or invention arising out of, or developed in the course of, work aided by this
Contract 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.
6.59 NONDISCRIMINATION:
The Contractor, in connection with any service or other activity under this Contract, 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. The Contractor shall include
this clause in all of its Subcontracts.
6.60 EMPLOYMENT DISCLAIMER:
This Contract is not intended to constitute, create, give rise to, or otherwise recognize a
joint venture agreement, partnership or other formal 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 Contract.
The Parties agree that no individual performing under this Contract on behalf of the
Contractor is to be considered a County employee, and that no rights of County civil
service, County retirement, or County personnel rules shall accrue to such individual. The
contractor shall have total responsibility for all salaries, wages, bonuses, retirement,
withholdings, workman's compensation, occupational disease compensation,
unemployment compensation, other employee benefits, and all taxes and premiums
appurtenant thereto concerning such individuals and shall save and hold the County
harmless with respect thereto.
6.61 INCORPORATION OF DOCUMENTS:
The following are to be attached to and made part of this Contract:
6.61.1 Exhibit A; Scope of Service – Check Writing Services
6.61.2 Exhibit B; Check Writing Fees Procurement Quote 130008

IN WITNESS THEREOF, the Parties have signed this Agreement:
Approved By: Approved By:
TEMPE COMMUNITY ACTION AGENCY MARICOPA COUNTY
___________________________________ ___________________________________
Authorized Signature Chairman, Board of Supervisors
__________________ __________________
Date Date
Attested To:
___________________________________
Clerk, Board of Supervisors Date
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 proper in form and within the power and authority
granted under the laws of the State of Arizona.
Approved as to form: Approved as to form:
___________________________________ ___________________________________
Attorney for the Contractor Date Deputy County Attorney Date

EXHIBIT A
SCOPE OF SERVICES
1.0 INTENT and BACKGROUND:
1.1 The Contractor has provided check writing services for a fee to MCHSD in the past under
sole source justification. MCHSD/CSD operates direct financial assistance programs that
require the immediate issuance of checks on behalf of eligible clients to landlords,
mortgage companies or utility companies. Among these services are eviction prevention
rental payments, move-in assistance, such as utility and rent deposits, and utility
assistance.
1.2 The County desires this Service Contract to supplement a recent procurement bid
solicitation by Maricopa County Office of Procurement Services. Solicitation PQ130008
resulted in a successful bid by the Contractor (Exhibit B of this Contract), which only
pertains to the Per Check fee associated with checks mentioned in Section 1.1 above,
regardless of the check amount.
2.0 WORK STATEMENT:
2.1 Upon verification via HSD Online system of an authorized voucher or service, Contractor
shall:
2.1.1 Have sufficient funds to cover the cost of the face value of each check until
reimbursement from MCHSD is received.
2.1.2 Submit to MCHSD a monthly or bi-monthly invoice to include the total face
value of the checks issued and the individual fee per check.
2.1.3 Maintain close coordination with MCHSD staff to monitor the services provided
by the Contractor including, but not limited to, a check reconciliation process.
2.1.4 At least once per week on an agreed-upon day, access a list from the HSD Online
database of unpaid vouchers approved by MCHSD.
2.1.5 Based on the above report, issue a separate check for each separate service and
each separate fund source, even if paid to the same vendor on behalf of the same
client.
2.1.6 Ensure check numbers and check dates for each payment are entered into the
HSD online database within 2 business days of check issuance.
2.1.7 Once a month, notify MCHSD of any checks unredeemed more than 30 days
from date of issuance. Contractor will also notify MCHSD of any and all voided
checks.
2.1.8 Contractor be responsible for completion and filing of Federal Tax Form 1099, as
necessary, and appropriately forwarding to the check recipient.

2.1.9 Issue checks on a weekly basis and, upon request, on emergency basis as needed.
2.1.10 Issue a completed Claim form with sufficient supporting documentation to
MCHSD/CSD on a timely basis for reimbursement, per Section 3.0 below.
2.2 County shall:
2.2.1 Approve client applications for financial assistance using the web-based HSD
Online database.
2.2.2 Maintain close coordination with Contractor staff to monitor the services
provided by the Contractor including,, but not limited to, a check reconciliation
process.
2.2.3 Provide applicable training to the Contractor on the use of HSD Online Client
database and related processes required to accomplish the above Work Statement
processes. MCHSD/CSD staff, specifically Program Specialist and Operations
Supervisor, will be available for any inquiries to help expedite the check writing
process.
3.0 REIMBURSEMENT:
3.1 The Contractor shall be paid on a cost-reimbursement basis for checks written, to include
the per-check fee amount and the face value of the checks written and substantiated.
Financial assistance service funds are not included in this Contract.
3.2 Upon receipt of an approved invoice/Claim and supporting documentation from the
Contractor for the provision of services under this Contract, the Department shall
reimburse the Contractor for all allowable costs.
3.3 Should the Department make a disallowance in the claim, the claim shall be processed for
the reduced amount. If the Contractor protests the amount or the reasons for a
disallowance, the protest shall be construed as a dispute concerning a question of fact
within the meaning of the “Dispute” clause of this Contract.
4.0 MATERIALS/OTHER SERVICES PROVIDED BY MCHSD:
4.1 Access by the Contractor to the HSD Online Client Data System.
4.2 Training and technical assistance on:
 Use of the HSD Online Client Data System
 Required Reports and Forms, including the Financial Claim Form template
4.3 Other forms as necessary.
5.0 REPORTING REQUIREMENTS:
MCHSD reserves the right to add, remove, or revise reporting requirements at its discretion.
5.1 Contractor shall submit the following to MCHSD/CSD:

5.1.1 Financial Claim on a monthly basis, or as otherwise agreed upon in this Contract.
5.1.2 Submit other reports as required by MCHSD.
5.1.3 Reports will be submitted to:
Maricopa County Human Services Department
Community Services Division
234 N. Central Avenue, Suite 3000
Phoenix, AZ 85004