CONTRACT CHANDLER SCHOOL DISTRICT.DOC

CONTRACT
FOR SERVICES
BETWEEN
MARICOPA COUNTY
ADMINISTERED BY ITS
HUMAN SERVICES DEPARTMENT
AND
Chandler Unified School District
Agreement Amount: $ $105,137
Agreement Start Date: October 1, 2013
Agreement Termination Date: September 30, 2014
______________________________________________________________________________
This Agreement is entered into by and between Chandler Unified School District,
(hereinafter referred to as the “District”), and Maricopa County, administered by its
Human Services Department, (hereinafter referred to as the “Department”). The
District and Department are collectively referred to herein as the “Parties” and
individually as a “Party.” The District, 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
______________________________________________________________________________
District Representative: Dr. Camille Casteel,
Superintendent Phone 480-812-7000
Email
casteel.camille@chandler.K12.az.us
Address 1525 West Frye Road, Chandler, AZ 85224
County Representative Bruce Liggett, Department Director Phone 602-506-4550
Email
liggettb@mail.maricopa.gov
Address 234 N. Central, Suite #3201, Phoenix, AZ 85004

Notice 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 any Party hereto. Nothing in this Agreement shall be
construed as consent to any lawsuit or waiver of any defense in a lawsuit brought against
the State of Arizona, County, or the Contractor in any State or federal court.
IN WITNESS THEREOF, the Parties have signed this Agreement:
Approved By: Approved By:
DISTRICT MARICOPA COUNTY
_____________________________________
______________________________________
Chairman, Board of Supervisors
Authorized Signature
______________________________________
_____________________________________
DATE
DATE
Attested to:
______________________________________
Clerk, Board of Supervisors
______________________________________
DATE
IN ACCORDANCE WITH A.R.S. §§ 11-952, 11-201, AND 11-251, THIS AGREEMENT HAS BEEN REVIEWED BY THE
UNDERSIGNED DEPUTY COUNTY ATTORNEY 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:
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 Education 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.
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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 Education 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.
15. Program Manager means the Assistant Director of the Education Division of
the Maricopa County Human Services Department.
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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 unemploy-
ment insurance, disability insurance, and workers’ compensation.
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3. Contractor is an independent contractor in the performance of all work and
the provision of all services under this Agreement and Contractor shall not
be considered an officer, employee, representative, or agent of the County.
4. Contractor shall not make any payments, either directly or indirectly, to any
person, partnership, corporation, trust or other organization that has a
substantial interest in Contractor's organization or with which Contractor
(or any of its directors, officers, owners, trust certificate holders or a relative
thereof) has a substantial interest, unless Contractor has made full written
disclosure of the proposed payments to the Department and has received
written approval therefore.
5. For purposes of this provision, the terms "substantial interest" and "relative"
shall have the meanings prescribed by A.R.S. § 38-502.
D. AMENDMENTS
All Amendments to this Agreement shall be in writing and signed by authorized
signers for both Parties.
E. ASSIGNMENT AND SUBCONTRACTING
No right, liability, obligation or duty under this Agreement may be assigned,
delegated or subcontracted, in whole or in part, by Contractor without the prior
written approval of the Contract Administrator. Contractor shall bear all liability
under this Agreement, even if it is assigned, delegated, or subcontracted, in whole
or in part, unless the Department agrees otherwise.
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
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Contractor, as provided herein, are actually available to the Department for
disbursement. The Director shall be the sole authority in determining the
availability of funds under this Agreement and the Department shall keep
the Contractor fully informed as to the availability of funds.
2. If any action is taken by any State agency, federal department or any other
agency or instrumentality to suspend, decrease or terminate its fiscal
obligation under, or in connection with this Agreement, the Board of
Supervisors may amend, suspend, decrease or terminate its obligations
under or in connection with this Agreement. In the event of termination,
the County shall be liable for payment only for services rendered prior to the
effective date of the termination, provided that such services performed are
in accordance with the provisions of this Agreement. The Department shall
give written notice of the effective date of any suspension, amendment, or
termination under this section at least ten (10) calendar days in advance.
G. BUDGET ADJUSTMENTS
Any requests for reasonable budget adjustments shall be submitted ninety (90)
days prior to the expiration date of this Agreement. Requests for financial
adjustments to this Agreement shall be supported by appropriate documentation.
If the County agrees to the budget adjustments, the County shall follow section D
of this Agreement to amend this Agreement.
H. DISPUTES
1. Except as may otherwise be provided for in this Agreement, any dispute
arising out of this Agreement that is not resolved between the Parties within
a reasonable period of time, which shall not exceed one hundred twenty
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(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 Director of the Materials Management Department 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 Director of the Materials Management
Department shall be final and not appealable.
3. Pending a final decision of the Director of the Materials Management
Department, the Contractor shall proceed diligently with its performance of
this Agreement in accordance with the Contract Administrator or County
Procurement Officer’s decision.
I. DEFAULT
This Agreement may be immediately terminated by the County if Contractor fails
to perform any objective or breaches any obligation under this Agreement, or any
event occurs that jeopardizes Contractor’s ability to perform any of its obligations
under this Agreement. The County reserves the right to have service provided by
persons other than Contractor if Contractor is unable or fails to provide required
services with the specified time frame.
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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
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requirements of strict compliance for all future performance. All changes in
performance obligations under this Agreement shall be in writing and signed by
both Parties.
M. NON-LIABILITY
The County, its officers, representatives, agents and employees shall not be liable
for any act or omission by Contractor, or any Subcontractor or any officer,
representative, agent, or employee of the Contractor or any Subcontractor that
relates to this Agreement, and shall not be liable for any purchases or contracts
made by Contractor, any Subcontractor, or any officer, representative, agent, or
employee of Contractor or any Subcontractor, in connection with this Agreement.
N. RECIPROCAL INDEMNIFICATION
Each Party (as “Indemnitor”) agrees to indemnify, defend, and hold harmless the
other Party (as “Indemnitee”) from and against all claims, losses, liability, costs, or
expenses (including reasonable attorneys’ fees, expert witnesses’ fees and other
litigation costs) (hereinafter collectively referred to as “Claims”) arising out of
bodily injury (including death) of any person or property damage, but only to the
extent that such claims, which result in vicarious liability to the Indemnitee, are
caused by the act, omission, negligence, misconduct, or other fault of the
Indemnitor, its officers, officials, agents, employees, or volunteers.
O. TECHNICAL ASSISTANCE
The Department shall provide reasonable technical assistance to Contractor to
assist Contractor in complying with State and federal laws, regulations, and
accountability for diligent performance and compliance with the terms of this
Agreement and all applicable laws, regulations and standards. However, this
assistance shall not relieve Contractor of full liability, responsibility and
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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
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The Department may make available to Contractor the opportunity to participate
in any applicable training activities conducted by the Department.
S. CLEAN AIR ACT
If the total face value of this Agreement exceeds $100,000, Contractor shall comply
with all regulations, standards and orders issued pursuant to the Clean Air Act of
1970, as amended (42 U.S.C. §§ 7401, et seq.), to the extent any are applicable
by reason of performance under this Agreement.
T. LOBBYING
1. No federal appropriated funds have been paid or will be paid by or on behalf
of Contractor to any person for influencing or attempting to influence an
officer or employee of any agency, a member of Congress, an officer or
employee of Congress, or an employee of a member of Congress in
connection with the awarding of any federal contract, the making of any
federal grant, the making of any federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any federal contract, grant, loan, or
cooperative agreement.
2. If any funds, other than federal appropriated funds, have been paid or will be
paid to any person for influencing or attempting to influence an officer or
employee of any agency, a member of Congress, an officer or employee of
Congress, or an employee of a member of Congress in connection with any
federal contract, grant, loan or cooperative agreement, the Contractor shall
complete and submit OMB Form-LLL, titled "Disclosure of Lobbying
Activities," in accordance with its instructions and 31 U.S.C. § 1352.
U. RELIGIOUS ACTIVITIES
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Contractor warrants that none of its costs and none of the costs incurred by any of
its Subcontractors will include any expense for any religious activity.
V. POLITICAL ACTIVITY PROHIBITED
None of the funds, materials, property or services contributed by the County or
Contractor under this Agreement shall be used for any partisan political activity, or
to further the election or defeat of any candidate for public office.
W. COVENANT AGAINST CONTINGENT FEES
Contractor warrants that no person or entity has been employed or retained by it to
solicit or secure this Agreement upon an agreement or understanding for a
commission, percentage, brokerage or contingent fee. For breach or violation of
this warranty, the County may immediately terminate this Agreement without
liability.
X. SAFEGUARDING OF PARTICIPANT INFORMATION
The use or disclosure by Contractor of any information concerning an applicant for,
or recipient of, services under this Agreement is directly limited to the conduct of
this Agreement. Contractor and its agents shall safeguard the confidentiality of this
information, just as Contractor would safeguard its own confidential information.
Contractor shall include a clause to this effect in all Subcontracts related to this
Agreement.
Y. RIGHTS IN DATA
The Parties shall have the use of data and reports resulting from this Agreement
without cost or other restriction, except as otherwise provided by law or applicable
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regulation. Each Party shall supply to the other Party, upon request, any available
information that is relevant to this Agreement and to the performance hereunder.
Z. COPYRIGHTS
If this Agreement results in a book or other written material, the author is free to
copyright the work, but the County reserves a royalty-free, nonexclusive, perpetual
and irrevocable license to reproduce, publish, and otherwise use and to authorize
others to use, all copyrighted material and all material that may be copyrighted as a
result of this Agreement.
AA. PATENTS
Any discovery or invention arising out of, or developed in the course of, work under
this Agreement shall be promptly and fully reported to the Department for
determination as to whether patent protection on such invention or discovery shall
be sought and how the rights in the invention or discovery, including rights under
any patent issued thereon, shall be disposed of and administered, in order to
protect the public interest.
BB. CONTRACT COMPLIANCE MONITORING
The Department shall monitor Contractor's compliance with, and performance
under, the terms of this Agreement. On-site visits for compliance monitoring may
be made by the Department and/or its grantor agencies at any time during
Contractor's normal business hours, announced or unannounced. During an on-
site visit, Contractor shall make all of its records and accounts related to work
performed and services provided under this Agreement available to the Department
for inspection and copying.
CC. CONTINGENCY RELATING TO OTHER CONTRACTS AND GRANTS
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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
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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 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
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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.
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II. NONDISCRIMINATION
Contractor, in connection with any service or other activity under this Agreement,
shall not in any way discriminate against any person on the grounds of race, color,
religion, sex, national origin, age, disability, political affiliation, or belief.
Contractor shall include this clause in all of its Subcontracts related to this
Agreement.
JJ. EQUAL EMPLOYMENT OPPORTUNITY
Contractor shall not discriminate against any employee or applicant for
employment because of race, age, disability, color, religion, sex or national origin.
Contractor shall take affirmative action to ensure that applicants are employed and
that employees are treated during employment without regard to their race, age,
disability, color, religion, sex or national origin. Such action shall include, but is not
limited to, the following: employment, upgrading, demotion or transfer,
recruitment or recruitment advertising, lay-off or termination, rates of pay or other
forms of compensation, and selection for training, including apprenticeship.
Contractor shall, to the extent such provisions apply, comply with Title VI and VII
of the Civil Rights Act of 1964, as amended (42 U.S.C. §§ 2000a, et seq.); the
Rehabilitation Act of 1973, as amended (29 U.S.C. §§ 701, et seq.); the Age
Discrimination in Employment Act of 1967, as amended (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
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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
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If this Agreement is with other than a Public Agency, Contractor shall obtain
all equipment to be utilized under this Agreement and purchased with funds
provided under this Agreement at the lowest practical cost pursuant to the
following competitive bidding system:
a. Procurements in excess of $300, but less than $1,000, require oral
price quotations from two (2) or more vendors. Contractor shall keep
and maintain a record of the vendors’ verbal quotations. Contractor’s
award shall be made to the lowest bidder meeting specification
requirements concerning price, conformity to specifications, and
other purchasing factors.
b. Procurements exceeding an aggregate amount of $1,000 shall be
approved by the Contract Administrator. At least three (3) bidders
shall be solicited to submit written quotations. Contractor shall
solicit written quotations by issuing a Request for Quotation to at
least three (3) vendors. The award shall be made to the lowest bidder
meeting specification requirements concerning price, conformity to
specifications, and other purchasing factors.
2. Supplies
If this Agreement is with other than a Public Agency, Contractor shall obtain
all supplies to be utilized under this Agreement and purchased with funds
provided under this Agreement at the lowest practical cost and pursuant to a
system of written quotes whenever the price is expected 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.
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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.
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RR. GOVERNOR’S EXECUTIVE ORDER NO. 88-26
Contractor shall use the Arizona Taxonomy of Human Services for reporting and
contracting purposes.
SS. EMPLOYMENT DISCLAIMER
This Agreement is not intended to constitute, create, give rise to, or otherwise
recognize a joint venture agreement, partnership, or other business association or
organization of any kind between the Parties, and the rights and obligations of the
Parties shall be only those expressly set forth in this Agreement.
The Parties agree that no individual performing under this Agreement on behalf of
Contractor may be considered a County agent, employee, or representative and that
no rights of County civil service, County retirement, or County personnel rules shall
accrue to or apply to any such individual. Contractor shall have total responsibility
for all salaries, wages, bonuses, retirement, withholdings, workers’ compensation,
occupational disease compensation, unemployment compensation, other employee
benefits, and all taxes and premiums appurtenant thereto concerning such
individuals and Contractor shall indemnify, defend and hold harmless the County
with respect thereto.
TT. CERTIFICATION REGARDING DEBARMENT, SUSPENSION
INELIGIBILITY AND VOLUNTARY EXCLUSION
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:
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Section I General Provisions Page 21
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.
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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: Donald Bower, 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 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;
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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.
VV. CONTRACTOR COMPLIANCE WITH A.R.S. §§ 35-391.06 AND 35-393.06
(SCRUTINIZED BUSINESS RELATIONS WITH SUDAN AND IRAN):
By entering into this Agreement, the Contractor certifies that it does not have
scrutinized business operations in Sudan or Iran. Contractor shall obtain
statements from its Subcontractors certifying compliance and shall furnish the
statements to the County upon request. These certifications shall remain in effect
through the term of this Agreement.
The County may request verification of compliance from any Contractor or
Subcontractor performing work under this Agreement. If the County suspects or
determines that the Contractor or any of its Subcontractors are not in compliance,
the County may pursue any and all remedies allowed by law, including, but not
limited to: suspension of work, immediate termination of this Agreement for
default, and the suspension and/or debarment of Contractor. All costs necessary to
verify compliance are the responsibility of Contractor.
Maricopa County Human Services Department

SECTION II
SPECIAL PROVISIONS
Maricopa County
Human Services
Maricopa County Human Services Department

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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
As used in this Agreement, the following words and terms shall have the following
meanings:
1. Budget means the authorized funding level for performance under this
Agreement.
2. Congregate Meal means a service that provides for nutritious meals and
snacks that contain at least one-third (1/3) of the daily-recommended dietary
allowances for an individual in a congregate setting.
3. Eligible Client means a household that meets Arizona Department of
Education and Head Start guidelines.
4. Food means nutritious meals and snacks that meet Child and Adult Care Food
Program (CACFP), 42 U.S.C. § 1766, guidelines and contain at least one-
third (1/3) of the daily-recommended dietary allowances for an individual in a
congregate setting.
5. Food Service Site means the location at which the food for the congregate
meals is delivered.
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Section II Special Provisions Page 2
C. GENERAL PROVISIONS
The following paragraphs from Section I of the General Provisions are hereby
deleted:
G. BUDGET ADJUSTMENTS
P. SINGLE AUDIT ACT REQUIREMENTS
EE. RECOGNITION OF DEPARTMENT SUPPORT
RR. GOVERNOR’S EXECUTIVE ORDER NO. 88-26
D. PURPOSE
The purpose of this Agreement is to establish the terms and conditions governing
the purchase of full service food catering for the Department within the boundaries
of the District or surrounding vicinity.
E. STANDARDS
The District shall perform the work and provide the services identified in the
Work Statement and shall immediately notify the Contract Administrator
whenever the District 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.
F. CHANGES
1. The Director may, at any time, by a written Change Order, make changes
within the general scope of this Agreement in any one or more of the
following areas:
a. Work Statement activities reflecting changes in a funding source or
the Department’s regulations, policies, or requirements.
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Section II Special Provisions Page 3
b. Reallocation of budget line item amounts in accordance with
funding sources or the Department’s regulations, policies, and
requirements, or whenever any budget line item increases or
decreases by ten percent (10%) or one hundred dollars ($100),
whichever is greater, during the term of this Agreement. Change
Orders may be issued quarterly.
c. Administrative requirements, such as reporting format quality,
and/or quantity, as required by the funding source or the
Department’s regulations, policies, or requirements.
2. Change Orders shall not increase or decrease the Operating Budget total
(Agreement Amount) without written approval of the Parties. Change
Orders shall substantively change the services to be rendered by the
District without the prior written agreement of the Parties.
3. Any dispute or disagreement arising out of a Change Order shall constitute
a “dispute” under the Dispute Clause of the General Provisions of this
Agreement and shall be administered accordingly.
G. COMPLIANCE WITH LAWS, RULES & REGULATIONS
The District shall comply with all applicable federal, State, and local laws, rules,
and regulations, including, without limitation, those referred to in this
Agreement.
H. AUDIT REQUIREMENTS
In accordance with A.R.S. § 11-624 (audit of nonprofit corporations receiving
county monies), the District shall, at its own expense, file with the Department,
either:
1. Audited financial statements prepared in accordance with federal single
audit requirements; or
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Section II Special Provisions Page 4
2. Financial statements prepared in accordance with generally accepted
accounting principles audited by an independent certified public
accountant.
I. STANDARDS/LICENSURE REQUIREMENTS
1. Maricopa County Head Start Zero-Five business office days Monday through
Friday, 8:00 a.m. to 5:00 p.m.
2. Department classrooms use the same Holiday schedule as the District.
3. Program services shall be provided for at least one hundred twenty eight (128)
days.
4. The District shall be authorized for food service by the Arizona Department of
Education, Food and Nutrition Division.
5. The District shall maintain proper sanitation practices and health standards in
conformance with all applicable State and local laws and regulations.
The District shall comply with the U.S. Department of Agriculture meal requirements and
shall be subject to any additional requirements or changes as designated by the State or
local laws and/or regulations.
Maricopa County Human Services Department

SECTION III
WORK STATEMENT
Maricopa County
Human Services
Maricopa County Human Services Department

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Section III Work Statement Page 1
A. PURPOSE
The purpose of this Agreement is to establish the terms and conditions governing
the purchase of full service food catering for the Department within the boundaries
of the District or surrounding vicinity. The District shall perform the work and
provide the services identified in the Work Statement and shall immediately notify
the Contract Administrator whenever the District 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.
B. CONTRACTOR RESPONSIBLITIES
1. TASKS
Menu Preparation and Approval.
a. The District shall submit to the Department, for its approval, a
proposed twenty-eight (28)-day cycle menu for the operational
period at least fourteen (14) working days prior to the beginning of
the period to which the menu applies.
b. The Department’s Nutritionist shall review the menu for compliance
with the Child and Adult Care Food Program (CACFP) requirements
and age appropriate foods. The Nutritionist shall make any necessary
changes to the menu and shall email the modified menu back to the
District.
c. The District shall adopt the Department’s changes to the menu, and
shall make additional changes if such changes are necessary to comply
with CACFP regulations or to ensure that age appropriate foods are
offered. The District shall prepare a final menu and submit it to the
Department’s Nutritionist by email for approval.
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1) Any changes to the menu made after it has been approved by
the Department shall be agreed upon by the Department and
documented on the menu records. Food items in an approved
menu may be changed by mutual written agreement of the
Parties. However, the District shall change the menus at the
Department’s request whenever the Department determines
that certain food items are unacceptable. Food items may be
unacceptable because: (1) a monotonous diet may result from
food items being served frequently or their similarity to other
items; (2) the nutritional needs of the students; (3) food items
are susceptible to spoilage; or (4) excessive waste may result
from the unpopularity of food items with students. Such
changes to the menu shall be made at the earliest convenience
of the Parties, but in no event more than one (1) week after
the Department’s request is received by the District. In the
case of spoilage, changes shall be made so the children in
attendance when any spoilage is discovered shall receive meals
meeting CACFP requirements.
d. The menu shall be changed by mutual, written agreement of the
Parties to meet the District’s and Head Start's operational
requirements.
2. MENU SPECIFICATIONS
a. Meal Requirements
1) The District shall develop cycle menus in conjunction with the
Head Start Nutritionist and shall take into consideration
parent, staff, and community input. All menus, portion sizes,
and recipes shall comply with the U. S. Department of
Agriculture's Child and Adult Care Food Program (CACFP)
and Head Start Nutrition Performance Standards.
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Section III Work Statement Page 3
2) Meal type requirements, as outlined on the menu
specifications shown below, shall be subject to any additional
requirements or changes designated by any applicable federal,
State, or local laws, rules, or regulations, and shall consist of
one (1) day’s emergency supply of nonperishable food. “One
day’s emergency supply” means breakfast, lunch, and a snack
for the number of children and adults present at a site for one
day.
3) The District is responsible for meals prepared, including
breakfast, lunch, and snacks.
b. Menu Item Adjustments
1) Menu items may be changed by the written, mutual agreement
of the Parties, provided minimal meal requirements are
maintained. Menu items that contain excessive sugar shall not
be served. An appropriate substitute item shall be supplied at
no additional charge. If a substitution is made, the District
shall ensure that the cafeteria substitutes food items that meet
the meal components and CACFP requirements of less than
35% sugar by weight and less than 35% calories from fat. If
the cafeteria manager is unsure of the substituted item, he or
she shall contact the Head Start Nutritionist for guidance or
utilize the CACFP Nutrition Calculator at
http://www.azed.gov/cacfpnutritioncalculator/.
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CACFP MEAL PATTERN REQUIREMENTS FOR CHILDREN
BREAKFAST
FOOD COMPONENT Ages 1-2 Ages 3-5
1. Milk, fluid ½ cup ¾ cup
2. Vegetable, fruit*, or ¼ cup ½ cup
100%full-strength juice
3. Grains/breads (whole grain or enriched)
bread, or ½ slice ½ slice
biscuits, rolls, muffins, cornbread, or ½ serving ½ serving
cold dry cereal or ¼ cup or 1/3 oz. 1/3 cup or ½ oz.
cooked cereal, cereal grains or ¼ cup ¼ cup
cooked pasta or noodle products ¼ cup ¼ cup
LUNCH/SUPPER
1. Milk, fluid ½ cup ¾ cup
2. Vegetable and/or fruit*, or 100 % full ¼ cup ½ cup
strength juice (from 2 or more kinds)
3. Grains/breads (whole grain or enriched)
Bread ½ slice ½ slice
or cornbread, biscuits, rolls, muffins ½ serving ½ serving
or cooked pasta, noodle products ¼ cup ¼ cup
or cooked cereal, cereal grains ¼ cup ¼ cup
4. Meat or meat alternates:
Lean meat, poultry, or fish 1 oz. 1½ oz.
or egg 1 egg 1 egg
or cooked dry beans, peas, lentils*** ¼ cup 3/8 cup
or peanuts, soy nuts, tree nuts, seeds ½ oz.**** ¾ oz.****
or peanut butter, other nut or seed butters 2 Tbsps**** 3 Tbsps****
or yogurt (low or nonfat)** ½ cup or 4 oz. ¾ cup or 6 oz.
or cheese** 1 oz. 1½ oz.
an equivalent quantity of any combination of
the above meat/meat alternates
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Section III Work Statement Page 4
CACFP MEAL PATTERN REQUIREMENTS FOR CHILDREN (Continued)
SNACKS
FOOD COMPONENT Ages 1-2 Ages 3-5
Select 2 of theses 4 components*****
1. Milk, fluid****** ½ cup ½ cup
2. Vegetable, fruit* or ½ cup ½ cup
100 % full-strength juice *****
3. Grains/breads (whole grain or enriched)
Bread ½ slice ½ slice
or cornbread, biscuits, rolls, muffins ½ serving ½ serving
or cold dry cereal ¼ cup or 1/3 oz. 1/3 cup or ½ oz.
or cooked cereal or cereal grains ¼ cup ¼ cup
or cooked pasta, noodle products ¼ cup ¼ cup
4. Meat or meat alternates:
Lean meat, poultry or fish ½ oz. ½ oz.
or cheese** ½ oz. ½ oz.
or eggs ½ egg ½ egg
or cooked dry beans, peas, lentils*** 1/8 cup 1/8 cup
or peanut butter, other nut or seed butters 1 Tbsp. 1 Tbsp.
or peanuts, soy nuts, tree nuts or seeds**** ½ oz. ½ oz.
or yogurt ¼ cup ¼ cup
* If dried raisins or cranberries are served, another fruit or vegetable must be served with them.
** Natural or Processed only.
*** In the same meal service, dried beans or dried peas may be used as a meat alternate or as a
vegetable; however, such use does not satisfy the requirement for both components.
**** No more than 50 percent of the requirement shall be met with nuts, seeds or nut butters.
These components shall be combined with another meat/meat alternate to fulfill the
requirement. For the purpose of determining combinations, one ounce of nuts or seed is
equal to one ounce of cooked lean meat, poultry, or fish.
*****Juice may not be served when milk is served as the other component.
****** Due to milk already being served at breakfast and lunch, it is recommended that two food
items be offered at all snacks, with water as the beverage.
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Additional requirements:
 Vitamin C rich food will be served at least once a day for morning session and
afternoon sessions.
 Vitamin A rich food will be served at least twice a week.
 Iron rich foods will be served at least twice a week.
 Fruit juices will be 100% juice and enriched with 100% vitamin C.
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Section III Work Statement Page 6
3. APPLICABLE LAWS/REGULATIONS
a. The District shall comply with all applicable Federal, State and local
statutes and ordinances and any regulations promulgated there
under. Those statutes and regulations the District shall comply with
include, but are not limited to (31USC 1352 et seq.) and 26 CFR,
Parts 1, 7, 10, 25, 53, 56 and 602., the prevention of fraud and
abuse; conflict of interest, kickbacks, comingling of funds, charging
of fees, nepotism, child labor, political patronage, political activities,
lobbying activities, sectarian activities, unionization and anti-
unionization activities/work stoppages, U.S.D.A. regulations as set
forth in 7 CFR parts 210 to 250 (Child/Adult Care Food Program),
and Human Services Department Directives and Executive Order
75-05.
b. District shall establish and use internal program management
procedures sufficient to prevent non-compliance of applicable laws
and/or regulations.
4. FOOD PREPARATION AND SANITATION
a. Sanitation
The District shall maintain proper sanitation practices and health
standards in conformance with all applicable State and local laws and
regulations. The District shall also assure that wholesome
ingredients are used, and that all foods are properly stored, prepared,
packaged and ready for transporting. In addition, any substance
which the food contacts, or which is used in conjunction with the
food, shall be so handled as to assure that it does not become
contaminated. The District agrees to notify the Department of the
results of any health inspection that is made during the duration of
this agreement.
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Section III Work Statement Page 7
b. Food Preparation
The District shall ensure that each meal provided to the Department
under this Agreement meets the minimum requirements as to
nutritional content specified by the CACFP, including the Nutrition
Standards set forth in 7 C.F.R. Part 226.20. The District shall ensure
that not more than two (2) high sugar items and two (2) high fat
items are served per week. High sugar items may be served only
during breakfast or as a snack. The District shall provide menus to
the Department on a weekly basis if no cycle menus are used. If cycle
menus are used, they shall be furnished monthly or as the cycle runs.
5. DISTRICT LICENSE REQUIREMENTS
The District shall obtain all applicable permits and licenses, and shall pay all
charges and fees necessary to lawfully conduct its business. The District
shall keep fully informed of and shall comply with all existing and future
federal, State, and local laws, rules, and regulations that may in any manner
affect the District’s ability to fulfill its obligations under this Agreement.
C. MEALTIME SCHEDULE
1. Mealtime schedules may vary by site as agreed upon in writing by the Head
Start Nutritionist and the District’s Representative.
2. In the center base sites, the morning session shall include breakfast and
lunch. The afternoon session shall include lunch and a snack. Center base
sites shall operate either Monday – Thursday or Monday – Friday as per
schedule. The home base socialization shall be held on the first and third
Fridays of each month, unless the schedule changes. The home base
socialization shall include lunch.
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Section III Work Statement Page 8
3. Each site shall notify school cafeteria personnel of any change in the number
of meals or snacks to be prepared not later than 2:00 P.M. the day before the
meal is changed.
4. Center staff shall notify the site cafeteria personnel of the weekly meal count
not later than Thursday of the preceding week.
5. Head Start Teachers shall meet with the Cafeteria Manager or his or her
representative one (1) week prior to the beginning of the school year to
review food service needs and Head Start’s nutrition philosophy.
D. INDICATORS OF COMPLIANCE
1. The District maintains available for review, documentation of production
sheets according to CACFP on meals and snacks served for each site.
2. The District produces cycle menus, which meet Head Start Nutrition
Philosophy, and CACFP requirements.
E. REPORTING REQUIREMENTS
1. Not later than five (5) working days after the end of the month, the District
shall submit to the Head Start Nutritionist an original, itemized, signed
monthly statement of the daily meals delivered and the Daily Food Count
Form.
2. The District shall maintain complete and accurate records and production
worksheets that document: (1) the menus provided to the Department
during the term of this Agreement, (2) a list of all components of each meal,
and (3) a list of the quantities and portion sizes of each component used to
prepare each meal. The District shall document its lunch preparation by
using yield factors for each food item, as listed in the United States
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Section III Work Statement Page 9
Department of Agriculture Food Buying Guide, when calculating and
recording the quantity of food prepared for each meal. The District shall
also maintain and make available to the Department:
a. Recipes, nutrition facts labels, and any child nutrition labels or
product specification sheets related to the menus served;
b. Cost records, such as invoices, receipts, and other documentation,
that show the purchase of and delivery to the District meal
components and quantities; and
c. On a daily basis, an accurate count of the number of meals, by meal
type, prepared for and delivered to the Department. Meal count
documentation shall include the number of meals requested by the
Department.
3. The Department shall provide weekly class rosters to the District indicating
the number of children currently enrolled. The District shall utilize these
weekly class rosters to add or drop Head Start children on the National School
Lunch and School Breakfast Programs. The Improving Head Start for School
Readiness Act of 2007 makes any child enrolled in Head Start automatically
eligible for free meals without further application or eligibility determination,
and amends sections 9(b)(12)(A)(iii) and 17(c)(5) of the National School
Lunch Act, 42 U.S.C. §§ 1751, et seq., to correspond with new eligibility
criteria. Therefore, the District shall not bill the Department for any meal
served to any child that enrolled in on-site campuses participating in the
National School Breakfast and Lunch programs.
Maricopa County Human Services Department

SECTION IV
COMPENSATION
Maricopa County
Human Services
Maricopa County Human Services Department

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Section IV Compensation Page 1
A. OBJECTIVE
The District shall provide and serve meals and snacks that are high in nutrients and
low in fat, sugar, and salt in compliance with the CACFP MEAL PATTERN
REQUIREMENTS FOR CHILDREN, as defined in the Work Statement. All meals
are child-size and priced according to child rates.
B. COMPENSATION
Funding for this Agreement is through Federal Funding Awards from the
Department of Human Services Head Start (HS), Early Head Start (EHS),
American Recovery and Reinvestment Act (ARRA) HS Expansion, and ARRA EHS
grants, which provide funds through the Catalog of Federal Domestic Assistance
(CFDA) numbers 93.600, 93.708, and 93.709.
This Agreement is a vendor agreement. Payments may only be made after the
District submits a monthly invoice and back-up documentation to substantiate the
District’s expenditures.
C. REIMBURSEMENT
1. Effective October 1, 2013 through September 30, 2014, Contractor will be
reimbursed according to the fee schedule below:
2. The Agreement maximum payment for all services provided under and
during the term of this Agreement is one-hundred five thousand, one
hundred thirty seven dollars ($105,137).
3. Public Law No. 110-134 of the Improving Head Start for School Readiness
Act of 2007 makes any child enrolled in Head Start automatically eligible for
free meals without further application or eligibility determination and
amends sections 9(b)(12)(A)(iii) and 17(c)(5) of the National School Lunch
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Section IV Compensation Page 2
Act (NSLA) to correspond with the new eligibility criteria. Therefore, the
District shall not be paid for and shall not bill the Department for any meal
served to any child who is enrolled in any on-site campuses participating in
the National School Breakfast and Lunch programs.
4. Subject to the availability of funds, the Department shall reimburse the
District for providing services under this Agreement up to the Agreement
Amount, which is the maximum total reimbursement available under this
Agreement.
5. Claims for reimbursement in excess of the Agreement Amount require a
Change Order or a formal, written amendment to this Agreement, as specified
in the Amendments clause of the General Provisions of this Agreement.
6. The Department shall not pay the District for any meal that does not meet the
minimum standards and requirements of this Agreement.
7. The availability of funds shall be determined solely by the Director.
Meals and Costs
Total Meals
CHANDLER Provided to Meals Total Costs
Department Paid for by Paid by
by District Department Unit Price Department
Breakfast 12,800 8,448 $3.08 $26,020
Lunch 24,436 15,732 $3.53 $55,534
Snack 12,544 12,544 $1.88 $23,583
TOTAL 49,780 36,724 n/a $ 105,137
D. METHOD OF PAYMENT
1. On or before the fifth (5th) working day of the month following the month,
or portion thereof, that the District performs under this Agreement, the
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Section IV Compensation Page 3
District shall submit to the Head Start Accountant an original, itemized,
signed billing statement of the daily meals delivered along with
documentation that supports the billing statement. Such documentation
shall include the Daily Report Worksheet and the Daily Meal Count Sheet
indicating the number of meals ordered, served, and billed to the
Department The Daily Meal Count shall have bear the Head Start Staff’s
and Cafeteria Staff’s initials for each day meals were ordered and received.
Monthly reports and supporting documentation shall be submitted to:
Maricopa County Human Services Department
Finance Office, Head Start Accountant
234 N. Central Avenue, Suite 300
Phoenix, AZ 85004
602-506-5911
2. Subject to the availability of funds, the Department shall, within twenty (20)
working days after receipt of the documents referred to above, process and
remit to the District a warrant for payment in an amount not to exceed the
maximum total allowable for the previous month’s service or work
performance.
3. If the Department disallows a reimbursement claim in part the claim shall be
processed for the reduced amount. If the District protests the amount of or
the reason for a disallowance, the protest shall be considered a dispute under
the "Disputes" clause of the General Provisions of this Agreement.
4. The District acknowledges and agrees that the Department is not required
to honor any reimbursement claim received by the Department after the
fifth (5th) working day of the month following the termination of this
Agreement.
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5. The District acknowledges that this is a multiple source funded cost
reimbursement Agreement and, as such, all costs incurred by the District
shall be documented and allocated to the appropriate cost objective as
indicated in the Operating Budget contained in this section.
E. PAYMENT RECOUPMENT
The Department shall initiate a process to recover money paid to the District if its
program monitoring or quality assurance review finds that:
1. The District’s services have been reported inaccurately or are
unsubstantiated.
2. The District’s financial records and backup documentation do not
substantiate that money received from the Department was used to
perform the services specified in the Work Statement.
3. The District is in default of any obligation under or provision of this
Agreement, or if audit exceptions are identified.
The Department shall either reduce the payment amount or withhold payment
until the default or deficiency is corrected to the Department’s satisfaction or the
Department makes an exception to the default or deficiency.
F. DISCLOSURE OF FRAUD OR MISCONDUCT
The District shall promptly provide to the HHS Office of Inspector General any
evidence that a principal, employee, agent, contractor, subcontractor, or other
person has submitted a false claim under the False Claims Act, 31 U.S.C. §§
3729, et seq., or has committed a criminal or civil violation pertaining to fraud,
Maricopa County Human Services Department

Section IV Compensation Page 5
conflict of interest, bribery, gratuity, or similar misconduct. The HHS Office of
Inspector General may be reached at http://www.oig/hhs.gov/fraud/hotline. The
District shall promptly send a copy of the evidence to the Department.
Maricopa County Human Services Department