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CONTRACT FOR SERVICES AGREEMENT BETWEEN MARICOPA COUNTY ADMINISTERED BY ITS HUMAN SERVICES DEPARTMENT AND BANNER HEALTH Contract Number: ______________ Contract Amount: $10,000.00 Contract Term Start Date: July 1, 2013 Contract Termination Date: June 30, 2014 ______________________________________________________________________________ This Contract for Services Agreement (“Agreement”) is entered into by and between Banner Health, an Arizona nonprofit corporation d/b/a Banner Home Care, (hereinafter referred to as the “Contractor” or “Senior Center” or “Olive Branch Senior Center”), and Maricopa County, administered by its Human Services Department, (hereinafter referred to as the “County”). The Contractor and County are collectively referred to herein as the “Parties” and individually as a “Party.” The Contractor, for and in consideration of the covenants and conditions set forth in this Agreement, shall provide and perform the services set forth herein. All rights and obligations of the Parties shall be governed by the terms of this Agreement, its exhibits, attachments, and appendices, including any subcontracts, amendments, or change orders as set forth herein and in: Section I General Provisions Section II Special Provisions Section III Work Statement Section IV Compensation ______________________________________________________________________________ Contractor Representative: Ivy Glinski, Director Address: 11250 N. 107th Ave., Sun City, AZ 85351 Phone: 623-974-6797 E-mail: Ivy.Glinski@bannerhealth.com County Representative: Margarita Leyvas, Community Services Division Address: 234 N. Central Ave., Suite 3000, Phoenix, AZ 85004 Phone: 602-506-5911 E-mail: mleyvas@mail.maricopa.gov Notices under this Agreement shall be given by personal delivery or by registered or certified mail postage prepaid and return receipt requested, to the persons at the addresses set forth above and shall be effective three (3) days after being mailed, unless otherwise indicated in the notice. This Agreement contains all the terms and conditions agreed to by the Parties. No other understanding, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind either Party hereto. Nothing in this Agreement shall be construed as consent to any lawsuit or waiver of any defense in any lawsuit brought against the State of Arizona, the County, or the Contractor in any State or federal court. IN WITNESS THEREOF, the Parties have signed this Agreement: Approved By: Approved By: BANNER HEALTH, an Arizona nonprofit MARICOPA COUNTY corporation d/b/a Banner Home Care ______________________________________ _____________________________________ 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 to the County 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 SECTION I GENERAL PROVISIONS Maricopa County Human Services Department Section I General Provisions Page 1 A. EFFECT To the extent that the Special Provisions are in conflict with the General Provisions, the Special Provisions shall control. To the extent that the Work Statement is in conflict with the General Provisions or the Special Provisions, the Work Statement shall control. To the extent that the Compensation Provisions are in conflict with the General Provisions, Special Provisions, or Work Statement, the Compensation Provisions shall control. Nothing herein shall operate to increase the Operating Budget without a written amendment thereto. B. DEFINITIONS As used throughout this Agreement, the following words and terms shall have the following meanings: 1. Agreement means this Contract for Services Agreement between Maricopa County, administered by its Human Services Department, and the Contractor. 2. Assistant Director means the Director of the Community Services Division of the Human Services Department. 3. Board of Supervisors means the Maricopa County Board of Supervisors. 4. Contract Administrator means the person administering this Agreement on behalf of the Department. 5. Contractor means the person, firm or organization listed on the Cover Page of this Agreement. 6. Contract Specialist means the liaison between the Department and the Contractor. The Contract Specialist is responsible for monitoring this Agreement and providing technical assistance to the Parties. 7. County means Maricopa County, a political subdivision of the State of Arizona. 8. Department means the Maricopa County Human Services Department. 9. Director means the Director of the Maricopa County Human Services Department. 10. Division means the Community Services Division of the Maricopa County Human Services Department. 11. Fidelity Bond means a bond to indemnify the Contractor against losses resulting from fraud or lack of integrity, honesty or fidelity of one or more employees, officers or other persons holding a position of trust. 12. Juvenile means any person under the age of eighteen (18). 13. Payment Bond means a bond executed to ensure payment as required by law of all persons performing work or providing materials in the execution of work provided under this Agreement. 14. Performance Bond means a bond executed to secure fulfillment of all of the Contractor's obligations under this Agreement. Maricopa County Human Services Department Section I General Provisions Page 2 15. Program Manager means the Assistant Director of the Community Services Division of the Maricopa County Human Services Department. 16. Provider means the Contractor and any Subcontractor providing services under this Agreement. 17. Public Agency has the meaning prescribed by A.R.S. § 11-951. 18. Subcontract means any contract entered into by the Contractor with a third party for performance of any of the work or the provision of any of the services under this Agreement. 19. Subcontractor means an entity employed by or funded through the Contractor to perform any of the work or provide any of the services under this Agreement. 20. Subrecipient means the Contractor when the County is the recipient of HUD grant funding. 21. Work Statement means Section III of this Agreement which describes the services to be delivered under this Agreement. C. GENERAL REQUIREMENTS 1. The terms of this Agreement shall be construed in accordance with Arizona law. Any lawsuit arising out of this Agreement shall be brought in the appropriate court in Maricopa County, Arizona. 2. Contractor shall, without limitation, obtain and maintain all licenses, permits and authority necessary to do business, render services and perform work under this Agreement, and shall comply with all laws regarding unemployment insurance, disability insurance, and workers’ compensation. 3. Contractor is an independent contractor in the performance of all work and the provision of all services under this Agreement and Contractor shall not be considered an officer, employee, representative, or agent of the County. 4. Contractor shall not make any payments, either directly or indirectly, to any person, partnership, corporation, trust or other organization that has a substantial interest in Contractor's organization or with which Contractor (or any of its directors, officers, owners, trust certificate holders or a relative thereof) has a substantial interest, unless Contractor has made full written disclosure of the proposed payments to the Department and has received written approval therefore. 5. For purposes of this provision, the terms "substantial interest" and "relative" shall have the meanings prescribed by A.R.S. § 38-502. D. AMENDMENTS All Amendments to this Agreement shall be in writing and signed by authorized signers for both Parties. Maricopa County Human Services Department Section I General Provisions Page 3 E. ASSIGNMENT AND SUBCONTRACTING No right, liability, obligation or duty under this Agreement may be assigned, delegated or subcontracted, in whole or in part, by Contractor without the prior written approval of the Contract Administrator. Contractor shall bear all liability under this Agreement, even if it is assigned, delegated, or subcontracted, in whole or in part, unless the Department agrees otherwise. F. AVAILABILITY OF FUNDS 1. The provisions of this Agreement relating to the payment for services shall become effective when funds assigned for the purpose of compensating the Contractor, as provided herein, are actually available to the Department for disbursement. The Director shall be the sole authority in determining the availability of funds under this Agreement and the Department shall keep the Contractor fully informed as to the availability of funds. 2. If any action is taken by any State agency, federal department or any other agency or instrumentality to suspend, decrease or terminate its fiscal obligation under, or in connection with this Agreement, the Board of Supervisors may amend, suspend, decrease or terminate its obligations under or in connection with this Agreement. In the event of termination, the County shall be liable for payment only for services rendered or financial assistance approved prior to the effective date of the termination, provided that such services performed are in accordance with the provisions of this Agreement. The Department shall give written notice of the effective date of any suspension, amendment, or termination under this section at least ten (10) calendar days in advance. G. BUDGET ADJUSTMENTS Any requests for reasonable budget adjustments shall be submitted ninety (90) days prior to the expiration date of this Agreement. Requests for financial adjustments to this Agreement shall be supported by appropriate documentation. If the County agrees to the budget adjustments, the County shall follow section D of this Agreement to amend this Agreement. H. DISPUTES 1. Except as may otherwise be provided for in this Agreement, any dispute arising out of this Agreement that is not resolved between the Parties within a reasonable period of time, which shall not exceed one hundred twenty (120) days, shall be submitted in accordance with the following dispute resolution process. 2. Notice of the specific grounds of a dispute shall be in writing and filed with the Contract Administrator, if one has been appointed, or, if not, with the County Procurement Officer within ten (10) working days from the date Contractor knew or should have known of the basis of the dispute. The Contract Administrator or County Procurement Officer, as applicable, shall respond in writing to Contractor within fourteen (14) working days. The decision of the Contract Administrator or County Procurement Officer shall be final and conclusive unless, within seven (7) working days from the date Contractor is served with the decision, Contractor files a written notice of appeal with the Chief Procurement Officer of the County, who shall provide Contractor with a written response within fourteen (14) working days following receipt of Contractor’s notice of appeal. The decision of the Chief Procurement Officer shall be final and not appealable. 3. Pending a final decision of the Chief Procurement Officer, the Contractor shall proceed diligently with its performance of this Agreement in accordance with the Contract Administrator or County Procurement Officer’s decision. Maricopa County Human Services Department Section I General Provisions Page 4 I. DEFAULT This Agreement may be immediately terminated by the County if Contractor fails to perform any objective or breaches any obligation under this Agreement, or any event occurs that jeopardizes Contractor’s ability to perform any of its obligations under this Agreement. The County reserves the right to have service provided by persons other than Contractor if Contractor is unable or fails to provide required services with the specified time frame. J. TERMINATION 1. This Agreement is subject to cancellation by the County in accordance with the provisions of A.R.S. § 38-511. 2. Either Party may terminate this Agreement at any time by giving the other Party at least sixty (60) calendar days prior notice in writing (unless terminated by the Board of Supervisors under the Availability of Funds provision). The notice shall be given by personal delivery or by registered or certified mail, postage prepaid and return receipt requested, to the persons at the addresses set forth on the Cover Page of this Agreement. 3. This Agreement may be terminated by mutual written Agreement of the Parties specifying the termination date therein. 4. The County has the right to terminate this Agreement upon twenty-four (24) hour notice when the County determines that the health or welfare of the service recipients are endangered or the Contractor’s non-compliance jeopardizes funding source financial participation. If not terminated by one of the above methods, this Agreement shall terminate upon the expiration of the term of this Agreement stated on the Cover Page of this Agreement. K. SEVERABILITY Any provision of this Agreement that is determined to be invalid, void or illegal by a court shall in no way affect, impair or invalidate any other provision hereof, and the remaining provisions shall remain in full force and effect. L. STRICT COMPLIANCE The Department’s acceptance of Contractor’s performance that is not in strict compliance with the terms of this Agreement shall not be deemed to waive the requirements of strict compliance for all future performance. All changes in performance obligations under this Agreement shall be in writing and signed by both Parties. M. NON-LIABILITY The County, its officers, representatives, agents and employees shall not be liable for any act or omission by Contractor, or any Subcontractor or any officer, representative, agent, or employee of the Contractor or any Subcontractor that relates to this Agreement, and shall not be liable for any purchases or contracts made by Contractor, any Subcontractor, or any officer, representative, agent, or employee of Contractor or any Subcontractor, in connection with this Agreement. Maricopa County Human Services Department Section I General Provisions Page 5 N. RECIPROCAL INDEMNIFICATION Each Party (as “Indemnitor”) agrees to indemnify, defend, and hold harmless the other Party (as “Indemnitee”) from and against all claims, losses, liability, costs, or expenses (including reasonable attorneys’ fees, expert witnesses’ fees and other litigation costs) (hereinafter collectively referred to as “Claims”) arising out of bodily injury (including death) of any person or property damage, but only to the extent that such claims, which result in vicarious liability to the Indemnitee, are caused by the act, omission, negligence, misconduct, or other fault of the Indemnitor, its officers, officials, agents, employees, or volunteers. O. TECHNICAL ASSISTANCE The Department shall provide reasonable technical assistance to Contractor to assist Contractor in complying with State and federal laws, regulations, and accountability for diligent performance and compliance with the terms of this Agreement and all applicable laws, regulations and standards. However, this assistance shall not relieve Contractor of full liability, responsibility and accountability for its actions and performance to comply with the terms of this Agreement. P. SINGLE AUDIT ACT REQUIREMENTS Contractors in receipt of federal funds through the Department are subject to the federal audit requirements of the Single Audit Act of 1984, as amended (Pub. L. No. 98-502) (codified at 31 U.S.C. §§ 7501, et seq.). Contractor shall comply with OMB Circular A-133. Upon completion, such audits shall be made available for public inspection. Audits shall be submitted within the twelve (12) months following the close of the fiscal year. Contractor shall take corrective actions within six (6) months of the date of receipt of the reports. The Department shall consider sanctions as described in OMB Circular A-133 if Contractor does not comply with the audit requirements. Q. AUDIT DISALLOWANCES 1. Contractor shall, upon written notice thereof, reimburse the County for any payments made under this Agreement that are disallowed by a federal, State, or County audit in the amount of the disallowance, as well as all court costs and attorney’s fees the County spends to pursue legal action relating to a disallowance. Court costs and attorney’s fees incurred shall be specifically identified as applicable to the recovery of the disallowed costs in question. 2. If the County determines that a cost for which payment has been made is a disallowed cost, the Department shall notify the Contractor in writing of the disallowance and the required course of action, which shall be at the option of the Department to either adjust any future claim submitted by Contractor by the amount of the disallowance or to require immediate repayment of the disallowed amount by the Contractor issuing a check payable to the County. R. STAFF AND VOLUNTEER TRAINING The Department may make available to Contractor the opportunity to participate in any applicable training activities conducted by the Department. S. CLEAN AIR ACT If the total face value of this Agreement exceeds $100,000, Contractor shall comply with all regulations, standards and orders issued pursuant to the Clean Air Act of 1970, as amended (42 U.S.C. §§ 7401, et seq.), to the extent any are applicable by reason of performance under this Agreement. Maricopa County Human Services Department Section I General Provisions Page 6 T. LOBBYING 1. No federal appropriated funds have been paid or will be paid by or on behalf of Contractor to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds, other than federal appropriated funds, have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with any federal contract, grant, loan or cooperative agreement, the Contractor shall complete and submit OMB Form-LLL, titled "Disclosure of Lobbying Activities," in accordance with its instructions and 31 U.S.C. § 1352. U. RELIGIOUS ACTIVITIES Contractor warrants that none of its costs and none of the costs incurred by any of its Subcontractors will include any expense for any religious activity. V. POLITICAL ACTIVITY PROHIBITED None of the funds, materials, property or services contributed by the County or Contractor under this Agreement shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office. W. COVENANT AGAINST CONTINGENT FEES Contractor warrants that no person or entity has been employed or retained by it to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage or contingent fee. For breach or violation of this warranty, the County may immediately terminate this Agreement without liability. X. SAFEGUARDING OF PARTICIPANT INFORMATION The use or disclosure by Contractor of any information concerning an applicant for, or recipient of, services under this Agreement is directly limited to the conduct of this Agreement. Contractor and its agents shall safeguard the confidentiality of this information, just as Contractor would safeguard its own confidential information. Contractor shall include a clause to this effect in all Subcontracts related to this Agreement. The Contractor shall comply with the requirements of the Arizona Address Confidentiality Program, A.R.S. § 41-161 et.seq. Y. RIGHTS IN DATA The Parties shall have the use of data and reports resulting from this Agreement without cost or other restriction, except as otherwise provided by law or applicable regulation. Each Party shall supply to the other Party, upon request, any available information that is relevant to this Agreement and to the performance hereunder. Z. COPYRIGHTS If this Agreement results in a book or other written material, the author is free to copyright the work, but the County reserves a royalty-free, nonexclusive, perpetual and irrevocable license to Maricopa County Human Services Department Section I General Provisions Page 7 reproduce, publish, and otherwise use and to authorize others to use, all copyrighted material and all material that may be copyrighted as a result of this Agreement. AA. PATENTS Any discovery or invention arising out of, or developed in the course of, work under this Agreement shall be promptly and fully reported to the Department for determination as to whether patent protection on such invention or discovery shall be sought and how the rights in the invention or discovery, including rights under any patent issued thereon, shall be disposed of and administered, in order to protect the public interest. BB. AGREEMENT COMPLIANCE MONITORING The Department shall monitor Contractor's compliance with, and performance under, the terms of this Agreement. On-site visits for compliance monitoring may be made by the Department and/or its grantor agencies at any time during Contractor's normal business hours, announced or unannounced. During an on-site visit, Contractor shall make all of its records and accounts related to work performed and services provided under this Agreement available to the Department for inspection and copying. CC. CONTINGENCY RELATING TO OTHER CONTRACTS AND GRANTS 1. Contractor shall, during the term of this Agreement, immediately inform the Contract Administrator in writing of the award of any other agreement or grant, including any other agreement or grant awarded by the County, where the award may affect either the direct or indirect costs being paid or reimbursed under this Agreement. Contractor’s failure to notify the Department of any such agreement shall be a breach of this Agreement and the County may immediately terminate this Agreement without liability. 2. The Contract Administrator may request, and Contractor shall provide within a reasonable time, which shall not exceed ten (10) working days, a copy of all such other agreements or grants, when, in the opinion of the Contract Administrator, the award of the agreement or grant may affect the costs being paid or reimbursed under this Agreement. 3. If the Contract Administrator determines that the award to Contractor of such other agreement or grant has affected the costs being paid or reimbursed under this Agreement, the Contract Administrator shall prepare an amendment to this Agreement effecting a cost adjustment. If the Contractor disputes the proposed cost adjustment, the dispute shall be resolved pursuant to the "Disputes" section of this Agreement. DD. MINIMUM WAGE REQUIREMENTS Contractor warrants that it shall pay all its employees who are performing work or providing services under this Agreement not less than the minimum wage specified under Section 206(a)(1) of the Fair Labor Standards Act of 1938, as amended (29 U.S.C. §§ 201, et seq.). EE. RECOGNITION OF DEPARTMENT SUPPORT Contractor shall give recognition to the Department, the County, and the funding source for their support when the Contractor publishes materials or releases public information that is paid for in whole or in part with funds received by Contractor under this Agreement. FF. INSURANCE Contractor shall have in effect at all times during the term of this Agreement insurance that is adequate to protect the County, its officers and employees, participants, and equipment funded under this Agreement against the losses set forth below. Contractor shall name the County as an Maricopa County Human Services Department Section I General Provisions Page 8 additional insured party. Contractor shall provide the Department with documentation of insurance coverage by furnishing the Contract Administrator a certificate of insurance or a certified copy of the insurance policy or other documentation that is required by the Contract Administrator. 1. The following types and amounts of insurance are required as minimum: a. Workers’ Compensation according to statutory limits. b. Unemployment Insurance as required by Arizona Law. c. Public Liability, Bodily Injury, and Property Damage; 1) General Liability, each occurrence, $1,000,000 2) Property Damage $1,000,000; or 3) Combined single limit, each occurrence, $1,000,000 minimum. d. Automobile and Truck Liability, Bodily Injury, and Property Damages: 1) General Liability, each occurrence, $1,000,000 2) Property Damage $1,000,000; or 3) Combined single limit, each occurrence, $1,000,000 minimum. e. Standard minimum deductible amounts are allowable. Any deductible amounts are the responsibility of the Contractor and reimbursement, if any, under this Agreement are subject to regulatory provisions of the funding source(s) of this Agreement. f. Property or equipment purchased or furnished through funds provided under this Agreement shall be fully insured for the purchase or replacement cost of such property or equipment. 2. If the Contractor provides professional or semi-professional personal services under this Agreement for which malpractice or professional liability coverage is available, such as medical, psychiatric, or legal services, Contractor shall carry minimum liability coverage of $1,000,000 each occurrence and provide the Department with proof of coverage. GG. BONDING 1. Contractor shall not receive any initial reimbursements under this Agreement in an amount greater than the Contractor's bonding limit. Contractor shall provide the Contract Administrator with documentation of required bonding. 2. Contractor shall have fidelity bonding of not less than the maximum amount of cash on hand or an amount equal to the initial reimbursement, whichever is greater. 3. Bonding requirements shall prevail throughout the term of this Agreement. HH. GRIEVANCE PROCEDURE Contractor shall establish a system through which applicants for and recipients of services may present grievances and may take appeals about eligibility and other aspects of Contractor's work under this Agreement. The grievance procedure shall include provisions for notifying the applicants for and recipients of services of their eligibility or ineligibility for service and their right to appeal to the Department if the grievance is not satisfied by Contractor. II. NONDISCRIMINATION Contractor, in connection with any service or other activity under this Agreement, shall not in any way discriminate against any person on the grounds of race, color, religion, sex, national origin, age, disability, political affiliation, or belief. Contractor shall include this clause in all of its Subcontracts related to this Agreement. Maricopa County Human Services Department Section I General Provisions Page 9 JJ. EQUAL EMPLOYMENT OPPORTUNITY Contractor shall not discriminate against any employee or applicant for employment because of race, age, disability, color, religion, sex or national origin. Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, age, disability, color, religion, sex or national origin. Such action shall include, but is not limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, lay-off or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor shall, to the extent such provisions apply, comply with Title VI and VII of the Civil Rights Act of 1964, as amended (42 U.S.C. §§ 2000a, et seq.); the Rehabilitation Act of 1973, as amended (29 U.S.C. §§ 701, et seq.); the Age Discrimination in Employment Act of 1967, as amended (29 U.S.C. §§ 621, et seq.); the Americans With Disabilities Act of 1990 (42 U.S.C. §§ 12101, et seq.); and Arizona Executive Order 2009-09, which mandates that all persons shall have equal access to employment opportunities. KK. FINANCIAL MANAGEMENT Contractor shall establish and maintain a separate, interest-bearing bank account for money provided under this Agreement, or shall establish an accounting system that assures the safeguarding and accountability of all money and assets provided under this Agreement. No part of the money deposited in the bank account shall be commingled with other funds or money belonging to Contractor. All interest earned on the account shall be disbursed in a manner specified by the County in accordance with applicable State and federal regulations. Contractor shall provide a signed bank account agreement authorizing the County to obtain information about the account. If an accounting system is used, it shall be in accordance with generally accepted accounting principles. LL. RETENTION OF RECORDS 1. This provision applies to all financial and programmatic records, supporting documents, statistical records and other records of Contractor that relate to this Agreement. 2. Contractor shall retain all records related to this Agreement for six (6) years after final payment or until after the resolution of any audit questions, which could be more than six (6) years, whichever is longer. The Department, federal and State auditors, and any other persons duly authorized by the Department shall have full access to and the right to examine, copy and make use of any and all of the records. MM. ADEQUACY OF RECORDS If Contractor’s books, records and other documents related to this Agreement are not sufficient to support and document that allowable services were provided to eligible participants, Contractor shall reimburse the County for the services not supported and documented. NN. COMPETITIVE BID REQUIREMENTS 1. Equipment If this Agreement is with other than a Public Agency, Contractor shall obtain all equipment to be utilized under this Agreement and purchased with funds provided under this Agreement at the lowest practical cost pursuant to the following competitive bidding system: a. Procurements in excess of $300, but less than $1,000, require oral price quotations from two (2) or more vendors. Contractor shall keep and maintain a record of the vendors’ verbal quotations. Contractor’s award shall be made to the lowest bidder Maricopa County Human Services Department Section I General Provisions Page 10 meeting specification requirements concerning price, conformity to specifications, and other purchasing factors. b. Procurements exceeding an aggregate amount of $1,000 shall be approved by the Contract Administrator. At least three (3) bidders shall be solicited to submit written quotations. Contractor shall solicit written quotations by issuing a Request for Quotation to at least three (3) vendors. The award shall be made to the lowest bidder meeting specification requirements concerning price, conformity to specifications, and other purchasing factors. 2. Supplies If this Agreement is with other than a Public Agency, Contractor shall obtain all supplies to be utilized under this Agreement and purchased with funds provided under this Agreement at the lowest practical cost and pursuant to a system of written quotes whenever the price is expected to be greater than $300, unless the Contractor obtains the Contract Administrator’s prior written approval to purchase supplies by an alternate method. 3. Minority, Women and Small Business Enterprises Contractor shall take affirmative steps to provide an opportunity for minorities, women, and small businesses to compete in the procurement of equipment and supplies under this Agreement. 4. If Contractor is a Public Agency, Contractor's own bidding procedures shall govern. 5. Funding source requirements relating to competitive bid procedures may supersede any or all subparts of this clause and will be specified in the Special Provisions Section of this Agreement. OO. PROPERTY Any property furnished or purchased pursuant to the terms of this Agreement shall be utilized, maintained, repaired, and accounted for in accordance with instructions furnished by the Department, and title to all such property shall revert to the County upon the expiration or termination of this Agreement, unless the Contract Administrator determines otherwise. The costs to repair such property are the responsibility of Contractor within the limits budgeted herein. Repair costs beyond the budgeted amount shall be approved by the Contract Administrator. PP. IMMIGRATION REFORM AND CONTROL COMPLIANCE Contractor understands and acknowledges that the Immigration Reform and Control Act of 1986 (Pub. L. No.99-603) (“IRCA”) applies to this Agreement. Contractor shall comply with the IRCA in performing under this Agreement and shall grant the County access to inspect its personnel records to verify such compliance. QQ. DRUG FREE WORKPLACE ACT Contractor shall comply with the Drug-Free Workplace Act of 1988 (41 U.S.C. §§ 701, et seq.), which requires that contractors and grantees of federal funds must certify that they will provide drug-free workplaces. This certification is a precondition to receiving a grant or entering into this Agreement. RR. GOVERNOR’S EXECUTIVE ORDER NO. 88-26 Contractor shall use the Arizona Taxonomy of Human Services for reporting and contracting purposes. Maricopa County Human Services Department Section I General Provisions Page 11 SS. EMPLOYMENT DISCLAIMER This Agreement is not intended to constitute, create, give rise to, or otherwise recognize a joint venture agreement, partnership, or other business association or organization of any kind between the Parties, and the rights and obligations of the Parties shall be only those expressly set forth in this Agreement. The Parties agree that no individual performing under this Agreement on behalf of Contractor may be considered a County agent, employee, or representative and that no rights of County civil service, County retirement, or County personnel rules shall accrue to or apply to any such individual. Contractor shall have total responsibility for all salaries, wages, bonuses, retirement, withholdings, workers’ compensation, occupational disease compensation, unemployment compensation, other employee benefits, and all taxes and premiums appurtenant thereto concerning such individuals and Contractor shall indemnify, defend and hold harmless the County with respect thereto. TT. CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY AND VOLUNTARY EXCLUSION The undersigned, by signing this Agreement, represents that he/she has the authority to bind Contractor to the terms of this Certification. Contractor, as the primary participant in accordance with 45 C.F.R. Part 76, certifies to the best of its knowledge and belief that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; 2. Have not within a 3-year period preceding the Start Date of this Agreement, been convicted of or had a civil judgment rendered against them for (1) the commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, State, or local) transaction or contract under a public transaction; (2) the violation of any federal or State antitrust statutes or (3) the commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, State, or local) with the commission of any of the offenses enumerated in subparagraph 2 above; 4. Have not, within a three-year period preceding this Start Date of this Agreement, had one or more public transactions (federal, State, or local) terminated for cause or default; 5. Shall immediately notify the Department if, at any time during the term of this Agreement, it is debarred, suspended, declared ineligible, or voluntarily excluded from participation. The Department may pursue available remedies in the event of such occurrence, including immediate termination of this Agreement without liability; and 6. Shall not enter into a subcontract or sub-recipient agreement with any person or organization that is debarred, suspended, declared ineligible, or voluntarily excluded from participation. The Department may pursue available remedies in the event of such occurrence, including immediate termination of this Agreement without liability. Maricopa County Human Services Department Section I General Provisions Page 12 Contractor shall include, without modification, the language of this Certification, in all agreements with all sub-recipients and other subcontractors; in all lower tier covered transactions, and in all solicitations for lower tier covered transactions in accordance with 45 C.F.R. Part 76. If Contractor is not able to provide this Certification, an explanation as to why shall be immediately provided to the Department, Attention: Margarita Leyvas, at the address set forth on the Cover Page of this Agreement. UU. VERIFICATION REGARDING COMPLIANCE WITH ARIZONA REVISED STATUTES § 23-214 AND FEDERAL IMMIGRATION LAWS AND REGULATIONS By entering into this Agreement, Contractor represents and warrants that it is in compliance with the Immigration and Nationality Act (8 U.S.C. §§ 1101, et seq.) and all other federal and State immigration laws and regulations related to the immigration status of its employees. Contractor shall obtain statements from its Subcontractors certifying such compliance and shall furnish the statements to the Department upon request. These representations and warranties shall remain in effect throughout the term of this Agreement. Contractor and its Subcontractors shall also maintain Employment Eligibility Verification forms (I-9), as required by the U.S. Department of Labor’s Immigration Reform and Control Act of 1986 (Pub. L. No. 99-603), for all employees performing work under this Agreement. I-9 forms are available for download at USCIS.GOV. Contractor agrees to 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. Contractor warrants that it is in compliance with A.R.S. § 41-4401 (e-verify requirements) and further represents: 1. That Contractor and its Subcontractors, if any, warrant their compliance with all federal immigration laws and regulations that relate to their employees and their compliance with A.R.S. § 23-214(A); 2. That breach of the warranty under subparagraph 1 above shall be deemed a material breach of this Agreement and the County may immediately terminate this Agreement without liability; and 3. That the County and any contracting government entity retains the legal right to inspect the papers and employment records of any Contractor or Subcontractor employee who works under this Agreement to ensure that the Contractor and its Subcontractor are complying with the warranty provided under subsection 1 above, and that Contractor agrees to make all papers and employment records of said employee(s) available to the County during normal working hours in order to facilitate such an inspection. Maricopa County Human Services Department SECTION II SPECIAL PROVISIONS Maricopa County Human Services Maricopa County Human Services Department Section II Special Provisions Page 1 A. EFFECT To the extent that the Special Provisions are in conflict with the General Provisions, the Special Provisions shall control. To the extent that the Work Statement is in conflict with the General Provisions or the Special Provisions, the Work Statement shall control. To the extent that the Compensation Provisions are in conflict with the General Provisions, Special Provisions, or Work Statement, the Compensation Provisions shall control. B. DEFINITIONS 1. Delete the following definitions from Section I, General Provisions: a. Assistant Director b. Fidelity Bond c. Intergovernmental Agreement d. Payment Bond e. Performance Bond f. Subrecipient 2. As used throughout this Agreement, the following terms shall have the following meanings: a. Assistant Director means the Assistant Director of the Community Services Division of the Maricopa County Human Services Department. b. MCHSD means Maricopa County Human Services Department. c. CSD means Community Services Division. d. Department means Maricopa County Human Services Department, Community Services Division. e. Senior Center means Banner Health’s facility known as Olive Branch Senior Center and located at the address listed on page 1 of this Agreement. f. SFY means State (of Arizona) Fiscal Year, as used by the County. g. Contract Administrator means Assistant Director, and that position’s program- related responsibilities within MCHSD/CSD. C. GENERAL PROVISIONS Delete the following paragraphs from Section I, General Provisions: N. RECIPROCAL INDEMNIFICATION P. SINGLE AUDIT REQUIREMENTS Q. AUDIT DISALLOWANCES S. CLEAN AIR ACT CC. CONTINGENCY RELATING TO OTHER CONTRACTS AND GRANTS FF. INSURANCE GG. BONDING D. STANDARDS Contractor shall perform the work and provide the services as identified in Section III, the Work Statement, and shall immediately notify the Contract Administrator whenever the Contractor is unable to, or anticipates an inability to, perform any of the work, or provide any of the services required by the terms of this Agreement. Maricopa County Human Services Department Section II Special Provisions Page 2 E. CHANGES ORIGINATED BY THE DEPARTMENT 1. The Assistant Director may, at any time by written memorandums or email, make changes within the general scope of this Agreement in any one or more of the following areas: a. Specific program rules, regulations, application procedures. These changes will be communicated in writing to the Contractor through revisions to the Maricopa County Human Services Department/Community Services Division Policy & Procedure Handbook through written memorandums. b. Minor Work Statement revisions reflecting changes in funding source or Department regulations, policies and requirements. c. Administrative requirements, such as reporting format quality, criteria and/or quantity, as required by the funding source or Department regulatory requirements. 2. Such Change Orders shall not increase or decrease the Operating Budget total without written approval of both Parties. Additionally, a Change Order shall not direct substantive changes in services to be rendered by the Contractor without the written agreement of both Parties. 3. Any dispute or disagreement caused by a Change Order shall constitute a “dispute” within the meaning of the Dispute Clause of the General Provisions of this Agreement and shall be administered accordingly F. COMPLIANCE WITH LAWS, RULES & REGULATIONS Contractor shall comply with all applicable laws, rules, and regulations, without limitation, and to those designated within this Agreement. G. AUDIT REQUIREMENTS In accordance with A.R.S. § 11-624, the Contractor shall, at its own expense, file with the Human Services Department, either: 1. Audited financial statements prepared in accordance with federal single audit requirements or, 2. Financial statements prepared in accordance with generally accepted accounting principles audited by an independent certified public accountant. H. FUNDING RESTRICTIONS Contractor agrees the $10,000 received under this Agreement will be solely used by the Senior Center located at 11250 N. 107th Ave., Sun City, AZ 85351, and that no indirect costs will be included in the Contractor’s claims to the County for reimbursement. I. CODE OF CONDUCT The Contractor shall avoid any action that might create or result in the appearance of: 1. Inappropriate use or divulging of information gathered or discovered pursuant to the performance of its duties under this Agreement. 2. Acted on behalf of the County without appropriate authorization. Maricopa County Human Services Department Section II Special Provisions Page 3 3. Provided favorable or unfavorable treatment to anyone. 4. Made a decision on behalf of the County that exceeded its authority, could result in partiality, or have a political consequence for the County. 5. Misrepresent or otherwise impeded the efficiency, authority, actions, policies, or adversely affect the confidence of the public or integrity of the Department. 6. Loss of impartiality when advising the Department. J. CONTRACTOR CHANGES The Contractor is required to notify the CSD Assistant Director, in writing, within fifteen (15) calendar days of any changes in the following: 1. agency authorized signatory 2. agency address, phone, fax, email addresses 3. person to whom notices under this Agreement should be sent 4. any variation to insurance requirements as indicated in this Agreement K. DEPARTMENT DETERMINATIONS The Department reserves the right to amend the work statement as deemed necessary. L. COMPUTER SOFTWARE POLICY The Contractor shall comply with Federal copyright laws applicable to software licenses. In addition, all policies and agreements between the Department and the Contractor related to contract equipment, software, internet accessible database system, and access shall be implemented and monitored. M. RESPONSIBILITY FOR REPAYMENT OF DIRECT SERVICE FUNDS Should program monitoring or application quality assurance review result in findings related to direct service funds being paid for ineligible individuals or in amounts above allowable program limits, the Contractor shall repay those funds to the Department upon written notification by the CSD Operations Supervisor or Department Assistant Director. N. DATA COLLECTION AND MANAGEMENT Eligibility determination and documentation shall be completed for all applicants, clients and household members receiving services through this Agreement, as appropriate. The Contractor is responsible for adhering to the Department’s data entry requirements and for the timely, accurate data entry of information. O. COOPERATION IN TRAINING, PLANNING, NEEDS ASSESSMENT, OUTCOME MEASUREMENT INITIATIVES The Contractor shall cooperate in needs assessments, planning and outcome measurement initiatives, and training determined by CSD as necessary. P. REPORTING REQUIREMENTS Reporting shall be as provided for in this Agreement’s Work Statement Section. The Contractor shall submit to the Department final program reports no later than the designated date, to be determined by the Department, following the termination of this Agreement. Maricopa County Human Services Department Section II Special Provisions Page 4 The Department reserves the right to add, remove, or revise reporting requirements in its sole discretion. Q. BACKGROUND CHECKS FOR EMPLOYMENT THROUGH CENTRAL REGISTRY If providing direct services to children or vulnerable adults, the following shall apply: 1. The provisions of A.R.S. § 8-804 (as may be amended) are hereby incorporated in its entirety as provisions of this Contract. 2. Contractor shall submit information directly to MCHSD CSD prior to employing or allowing any person to volunteer, who provides such direct services under this Contract. MCHSD will request ADES to conduct Central Registry Background Checks on behalf of the Contractor. The results must indicate that the person has no disqualifying acts that would prohibit him/her from providing services to clients. If the Central Registry background check specifies any disqualifying act and the person does not have a Central Registry exception, the person shall be prohibited from providing direct services to clients. 3. The information contained in the Central Registry will be used as a factor to determine qualifications for positions that provide direct service to juveniles or vulnerable adults as follows: a. Any person, their employees or volunteers who apply for a contract with MCHSD; or b. All employees/volunteers of the Contractor; or c. A subcontractor of the Contractor and any subcontractor employees or volunteers; or d. Prospective employees/volunteer of the Contractor or its subcontractor before being employed or volunteering. 4. The Contractor shall ensure all requirements of this Section are met in order to: a. Protect clients b. Avoid agreement cancellation or termination for cause by the County c. Include any salary/employee-related expenses on the monthly Financial Claim Form pertaining to any people included in clause #3 above. 5. Before being employed or volunteering in a position that provides direct services to children or vulnerable adults under this Agreement, persons shall certify on forms provided by ADES whether an allegation of abuse or neglect was made against them and was substantiated. 6. A person who is disqualified because of a Central Registry Background Check may apply to the Board of Fingerprinting for a Central Registry exception pursuant to A.R.S. § 41-619.57. A person who is granted a Central Registry exception pursuant to A.R.S. § 41-619.57 is not entitled to a contract, employment, licensure, certification or other benefit because the person has been granted a Central Registry exception. 7. Results from ADES of the Central Registry background checks shall be submitted to the Contractor within five (5) days of receipt by MCHSD/CSD. Maricopa County Human Services Department Section II Special Provisions Page 5 8. The Contractor shall maintain the Central Registry Background Check results in a confidential file for six (6) years after termination of the Agreement, or resolution of any audit issues, whichever is longer. This requirement is pursuant to the Retention of Records section under this Agreement. R. FINGERPRINTING The provisions of A.R.S. § 46-141 (as may be amended) are hereby incorporated in their entirety as provisions of this Agreement. For reference, these provisions include, but are not limited to, the following: 1. The 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 staffs include current employees, whether paid or not, those who transfer into a direct service position, volunteers, and new employees, whether paid or not. 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. 3. Except as provided in A.R.S. § 46-141, this Agreement 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. 4. Should a staff’s fingerprint clearance card be revoked or suspended, such staff shall immediately be prohibited from providing services under this Agreement unless granted a good cause exception pursuant to A.R.S. § 41-619.55. This Agreement may be cancelled or terminated immediately should it be discovered the Contractor or its subcontractor did not prudently and immediately act upon such information. 5. The 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: a. are awaiting trial on or have ever been convicted of any of the offenses described in A.R.S. § 46-141 (as may be amended); or b. ever committed any act of sexual abuse of a child, including sexual exploitation and commercial sexual exploitation, or any act of child abuse. 6. The Contractor shall assume the costs of fingerprint checks and may charge these costs to its fingerprinted personnel. The Department may allow all or part of the costs of fingerprint clearance checks/cards to be included as an allowable cost under this Agreement. Maricopa County Human Services Department Section II Special Provisions Page 6 7. Upon receiving the valid fingerprint clearance card, the Contractor shall forward a copy of the staff’s card, front and back, to the MCHSD Community Services Division. S. INDEMNIFICATION 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 Agreement, 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. T. INSURANCE REQUIREMENTS The Contractor and any of its subcontractors shall procure and maintain such insurance requirements until all of their obligations have been discharged and any warranty periods under this Contract are satisfied, including any claims for injury to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors. The insurance requirements herein are minimum requirements for this Agreement and in no way limit the indemnity covenants contained in this Agreement. The County and State of Arizona in no way warrant that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the work under this Agreement by the Contractor, his agents, representatives, employees or subcontractors, and the Contractor is free to purchase additional insurance. 1. MINIMUM SCOPE AND LIMITS OF INSURANCE: Contractor shall provide coverage with limits of liability not less than those stated below. a. Commercial General Liability – Occurrence Form Policy shall include bodily injury, property damage, personal injury and broad form contractual liability. General Aggregate $4,000,000 Products – Completed Operations Aggregate $2,000,000 Personal and Advertising Injury $1,000,000 Blanket Contractual Liability – Written and Oral $1,000,000 Fire Legal Liability $ 50,000 Each Occurrence $2,000,000 i. The policy shall be endorsed to include the following additional insured language: “Maricopa County and the State of Arizona, their Maricopa County Human Services Department Section II Special Provisions Page 7 departments, agencies, boards, commissions, and their officers, officials, agents, and employees shall be named as additional insureds with respect to liability arising out of the activities performed by or on behalf of the Contractor". ii. Policy shall contain a waiver of subrogation against Maricopa County, the State of Arizona and their departments, agencies, boards, commissions, and their officers, officials, agents, and employees for losses arising from work performed by or on behalf of the Contractor. iii. Policy shall contain an endorsement for sexual molestation and abuse. b. Business Automobile Liability Bodily Injury and Property Damage for any owned, hired, and/or non-owned vehicles used in the performance of this Contract. Combined Single Limit (CSL) $2,000,000 i. The policy shall be endorsed to include the following additional insured language: “Maricopa County and the State of Arizona, their departments, agencies, boards, commissions, and their officers, officials, agents, and employees shall be named as additional insureds with respect to liability arising out of the activities performed by or on behalf of the Contractor, involving automobiles owned, leased, hired or borrowed by the Contractor". ii. Policy shall contain a waiver of subrogation against Maricopa County and the State of Arizona, their departments, agencies, boards, commissions, and their officers, officials, agents, and employees for losses arising from work performed by or on behalf of the Contractor. c. Worker's Compensation and Employers' Liability Workers' Compensation Statutory Employers' Liability Each Accident $1,000,000 Disease – Each Employee $1,000,000 Disease – Policy Limit $1,000,000 i. Policy shall contain a waiver of subrogation against Maricopa County and the State of Arizona, their departments, agencies, boards, commissions, and their officers, officials, agents, and employees for losses arising from work performed by or on behalf of the Contractor. d. Professional Liability (Errors and Omissions Liability) Each Claim $1,000,000 Annual Aggregate $2,000,000 Maricopa County Human Services Department Section II Special Provisions Page 8 i. In the event that the professional liability insurance required by this Contract is written on a claims-made basis, the Contractor warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed. ii. The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in the Work Statement under this Contract. 2. ADDITIONAL INSURANCE REQUIREMENTS: The policies, except Worker’s Compensation and Professional Liability insurance, are to contain, or be endorsed to contain, the following provisions: a. Maricopa County, the State of Arizona, and their respective departments, agencies, boards, commissions, and their respective officers, officials, agents, and employees and the Contractor shall be additional insureds to the full limits of liability purchased by the Contractor, even if those limits of liability are in excess of those required by the Contract. b. The Contractor’s and its subcontractors’ insurance coverage shall be primary insurance with respect to all other available sources. c. The Contractor’s and its subcontractors’ insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. Coverage provided by the subcontractors shall not be limited to the liability assumed under the indemnification provisions of their contracts with the Contractor. 3. NOTICE OF CANCELLATION: With the exception of (10) day notice of cancellation for non-payment of premium, any changes material to compliance with this contract in the insurance policies above shall require (30) days written notice to Maricopa County. Such notice shall be sent directly to Maricopa County Human Services Department (Attn: Community Services Division), 234 N. Central Avenue, Ste 3000, Phoenix, AZ 85004, and shall be sent by certified mail, return receipt requested. 4. ACCEPTABILITY OF INSURERS: Insurance is to be placed with duly licensed or approved non-admitted insurers in the State of Arizona with an “A.M. Best” rating of not less than A VII. The County in no way warrants that the above-required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency. If the social services program utilizes the Social Service Contractors Indemnity Pool (SSCIP) or other approved insurance pool for insurance coverage, SSCIP or the other approved insurance pool is exempt from the A.M. Best’s rating requirement listed in this Contract. If the Contractor or it Subcontractor chooses to use SSCIP or another approved insurance pool as its insurance provider, the Contract or Contractor’s Subcontract would be considered in full compliance with insurance requirements relating to the A.M. Best rating requirements. Maricopa County Human Services Department Section II Special Provisions Page 9 5. VERIFICATION OF COVERAGE: Contractor shall furnish the County with certificates of insurance (ACORD form or equivalent approved by the County) as required by this Contract. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved Maricopa County before work commences. Each insurance policy required by this Contract must be in effect at or prior to commencement of work under this Contract and remain in effect for the duration of the Contract’s contract term. Failure to maintain the insurance policies as required by this Contract, or to provide evidence of renewal, is a material breach of contract. All certificates required by this Contract shall be sent directly to Maricopa County Human Services Department (Attn: Community Services Division), 234 N. Central Avenue, Ste 3000, Phoenix, AZ 85004. The County’s Contract number is to be noted on the certificate of insurance. The County reserves the right to require complete, certified copies of all insurance policies required by this Contract at any time. 6. APPROVAL: 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 Clause F (Changes Originated by the Department) and Clause M (Contractor Changes) of these Special Provisions, Section II of this Agreement. 7. EXCEPTIONS: In the event the Contractor’s subcontractor(s) is/are a public entity, then the Insurance Requirements may, based upon the sole discretion of the County, not apply. Such public entity may, based upon the sole discretion of the County, provide a certificate of self- insurance to the Contractor and may be provided to the County upon request. Maricopa County Human Services Department SECTION III WORK STATEMENT Maricopa County Human Services Maricopa County Human Services Department Section III Work Statement Page 1 A. PURPOSE AND OBJECTIVES The purpose of this Agreement is for Contractor to provide senior services and to provide intake of applications for the Low Income Home Energy Assistance Program (LIHEAP) utility assistance program, providing Crisis Case Management and Financial Assistance Services. Contractor shall: 1. Increase the level of self-sufficiency of elderly individuals through the provision of Senior Center-delivered services, such as meal service, socialization programs, utility assistance, legal/employment assistance and other financial assistance services. 2. Provide an array of support services to expand opportunities for self-sufficiency or increased quality of life for over 5,000 elderly individuals living in the Sun City area. B. SERVICE DESCRIPTION Crisis Case Management Services are provided to individuals or families in order to enhance their self-sufficiency and/or involvement in the community, and through which the needs and eligibility of the individuals applying for or receiving services are determined. For eligible individuals, appropriate services are identified, obtained or provided, and recorded. Information and referral services will be provided by the Contractor as appropriate. Financial Assistance Services are provided to stabilize the immediate and emergent needs of the client including basic needs. For purposes of this Agreement, Financial Assistance Services shall be limited to client application intake related to LIHEAP utility assistance. Financial assistance services funds are retained by the Department and are made available to the Contractor through the HSD Online Client Data System. Applications for financial assistance must be completed via the HSD Online Client Data System. The Department will make payments directly to utility companies upon authorization by the Department. Maricopa County Human Services Department/Community Services Division LIHEAP Policy & Procedure Handbook provides detailed information on client eligibility regulations and guidelines, application and documentation procedures and service dollar limits for Maricopa County funded financial assistance. C. CONTRACTOR RESPONSIBLITIES REGARDING FINANCIAL ASSISTANCE The Contractor shall: 1. Provide services that are appropriate to the language, culture and geographic location of the target population. 2. Provide application intake for LIHEAP utility assistance services. 3. Provide personnel, supervision, staff training/coordination with the Department, materials and supplies necessary to perform and provide Crisis Case Management and Financial Assistance Services. 4. Utilize the HSD Online Client Data System to document and record financial assistance services supported by MCHSD funds. Data entry must be completed by the 5th business day of the following month. 5. Ensure that applications for Department-funded assistance are reviewed for quality assurance prior to submission to the Department for review and payment authorization. 6. Ensure that completed applications for MCHSD-funded financial assistance are submitted to the Department within five days of application intake. Maricopa County Human Services Department Section III Work Statement Page 2 D. CONTRACTOR RESPONSIBILITIES REGARDING SENIOR CENTER PROGRAMS 1. Congregate and Home Delivered Meal Programs Hot, nutritious meals will be prepared, served and delivered to senior citizens in the Olive Branch service area Monday through Friday during the year. A minimum of 50,000 meals will be provided during the period of July 1, 2013 to June 30, 2014. Performance Criteria: One unit of service equals one meal Nutritional menus will be printed and distributed monthly Menus will be posted at the sites monthly Actual number of meals served will be compared to budget amount spent Project council meetings will be held nine months of the year to provide program oversight Meal delivery staff will be trained to communicate and observe the mental and physical status of senior citizens at the time of meal delivery to their homes 2. Multi-Senior Center Operation As the Senior Center is the only senior center located in Sun City (an unincorporated County area), it is vital to meeting crucial needs of senior citizens living in that area of the County. To meet those needs, the Senior Center will provide the following types of services: entertainment programs, socialization programs, crafts, exercise, counseling, legal assistance, health promotion activities and volunteer opportunities. Performance Criteria: A participant survey will be administered yearly A quarterly program evaluation will be prepared Monthly monitoring reports will be prepared to monitor the number of activities conducted versus budget spent 3. Operation of “Pantry Program” The Pantry Program will be operated year round and is vital to many elderly seniors in the community because it helps reduce weekly grocery bills by providing supplemental food products at no charge to low income seniors. Performance Criteria: 4000 grocery bags will be distributed quarterly from the senior center Success indicator is the number of grocery bags distributed monthly Success indicator is the increase in the number of program volunteers 10 food boxes will be distributed monthly Surplus pantry products will be used in the preparation of the congregate meal to lower raw food costs 4. Legal Assistance Program Legal counsel will be provided to low-income seniors unable to afford private attorneys. Performance Criteria: During the contract term of July 1, 2013 to June 30, 2014, the goal is to provide service to a minimum of 125 individuals. Present one legal workshop, based on current need, to participating seniors at the Senior Center during SFY 2013/2014 timeframe. Maricopa County Human Services Department Section III Work Statement Page 3 5. General Contract Compliance a. The Contractor will abide by all applicable federal, state and local health and safety standards, rules, regulations, ordinances and laws. b. The Contractor will notify the County’s Assistant Director if 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 Agreement. Such notification shall be in writing. E. DEPARTMENT RESPONSIBLITIES 1. Upon receipt of a quarterly reimbursement request from the Contractor, and approval of such request by the County, remit to the Contractor the amount of $2,500. The quarterly invoices’ combined amount will not exceed $10,000.00 for the Contract term, as indicated on the first page of this Agreement. 2. Coordinate with the Contractor, as needed, for any Technical Assistance, as indicated in paragraph O under the General Provisions Section of this Agreement. 3. Provide the following materials/services to Contractor: a. Maricopa County Human Services Department/Community Services Division Policy & Procedure Handbook. b. HSD Online Client Data System c. Training and technical assistance regarding: Department-funded crisis case management and financial assistance services. Use of the HSD Online Client Data System. Required Reports and Forms. d. Program Monitoring and client file review e. MCHSD Financial Assistance Vouchers f. Other forms as necessary F. REPORTING REQUIREMENTS MCHSD reserves the right to add, remove, or revise reporting requirements at its discretion. The Contractor shall submit the following to MCHSD/CSD: 1. Programmatic (Senior Center Programs) and financial claims are required quarterly. Reports must be submitted within ten (10) business days after the end of each quarter of the state fiscal year. 2. Other reports as required by the Department. 3. Reports will be submitted to: Maricopa County Human Services Department Community Services Division 234 N. Central Avenue, Suite 3000 Phoenix, AZ 85004 Maricopa County Human Services Department SECTION IV COMPENSATION Maricopa County Human Services Section III Compensation Page 1 A. COMPENSATION Subject to the availability and authorization of funds for the explicit purposes set forth below, County shall pay the Contractor compensation for services rendered as indicated in the following subsections. B. METHOD OF PAYMENT Subject to ongoing review and possible modifications during the term of this Agreement, County shall pay the Contractor quarterly based on services provided under this Agreement in the following manner: Olive Branch Senior Center For Period of July 1, 2013 to June 30, 2014 ITEM BUDGET AMOUNT Senior Center Operating Costs $10,000 Total: $10,000 This is a fixed rate contract to support Senior Center services. Subject to the availability of funds, the Maricopa County Human Services Department shall pay the Contractor a total amount not to exceed $10,000 according to the following schedule: 1. July 1, 2013 to September 30, 2013 Not more than 25% ($2500.00) of the amount of this Agreement 2. October 1, 2013 to December 31, 2013 Not more than 25% of the amount of this Agreement 3. January 1, 2014 to March 30, 2014 Not more than 25% of the amount of this Agreement 4. April 1, 2014 to June 30, 2014 Any balance remaining on the Contract amount without exceeding the maximum of $10,000.00 for the Contract term. The Contractor understands and agrees that the Department may not honor any claim for payment submitted after the tenth (10th) business day of the month following the contract termination date. C. REIMBURSEMENT 1. Upon execution of this Agreement and no sooner than October 15, 2013, Contractor shall be reimbursed according to the fee schedule indicated herein. 2. During the term of this Agreement, the maximum amount of compensation due to the Contractor from the County for any and all services performed and the obligations and duties hereunder shall not exceed the total Contract amount listed in this Agreement. Maricopa County Human Services Department