2025 12 SENTINEL HOME DETENTION CONTRACT_MCAO SIGNED.PDF

CONTRACT FOR SERVICES FOR HOME DETENTION ELECTRONIC MONITORING
BETWEEN
MARICOPA COUNTY, BY AND THROUGH THE MARICOPA COUNTY ATTORNEY’S
OFFICE AND
SENTINEL OFFENDER SERVICES

WHEREAS, Maricopa County, through the Maricopa County Attorney's Office (MCAO), under the authority of
the Maricopa County Board of Supervisors (BOS) Resolution C-06-20-058-M-00 adopting the “Home Detention
Resolution,” is responsible for administering a home detention electronic monitoring program as a sentencing
option in misdemeanor DUI cases; and

WHEREAS, MCAO requires a qualified vendor to provide home detention devices, software, and monitoring
services in furtherance of its obligation to administer the Home Detention Resolution and ensure compliance of
eligible DUI defendants; and

WHEREAS, Sentinel Offender Services (Contractor) is qualified and wishes to provide home detention devices,
software, and monitoring services; and

WHEREAS, MCAO desires to contract with Sentinel Offender Services for Home Detention Electronic
Monitoring devices and services set forth herein.

NOW, THEREFORE, the Parties agree to enter into this Agreement (the Agreement) effective July 1, 2025.
1.0.SCOPE OF WORK

The purpose of this Scope of Work is to define the responsibilities, deliverables, and performance
requirements for the provision of Home Detention Electronic Monitoring (HDEM) Services by the
Contractor to the Maricopa County Attorney’s Office (MCAO).

1.1. SERVICE DESCRIPTION

1.1.1. The Contractor shall provide electronic monitoring services in accordance with
A.RS. § 11-251.15, the HDEM program requirements, including all operational,
technical, and reporting obligations as outlined in this Scope of Work and
Attachment A: HDEM Business Rules.

1.1.2. The Contractor shall provide drug testing services for defendants ordered to home
detention for those cases when required by a Maricopa County Justice Court order
or other applicable order.

1.2. CONTRACT COMPLETION
Upon expiration or termination of this Contract, the Contractor shall make all reasonable efforts
to ensure an orderly transition of services to the Maricopa County Attorney’s Office (MCAO)

or to a successor provider designated by MCAO. The Contractor shall:

1.2.1. Develop and submit a written transition plan to MCAO within thirty (30) calendar
days of receiving notice of termination or non-renewal of the Contract;

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1.2.2.

1.2.3.

1.2.4.

1.2.5.

1.2.6.

Cooperate fully with MCAO and/or any successor provider to facilitate the
uninterrupted continuation of services, including but not limited to coordination of
schedules, technical assistance, and knowledge transfer;

Transfer all records, data, reports, and other materials in the Contractor’s
possession, custody, or control that are required to be provided to MCAO under
this Contract or as required by applicable law;

Ensure that all data is transferred in a secure, accessible, and usable format as
designated by MCAO;

Continue to provide services, as necessary, through the completion of all sentences
initiated during the term of the Contract or any extension thereof.

The obligations set forth in this Section 1.2. shall survive the expiration or
termination of this Contract.

1.3. RESPONSIBILITIES

1.3.1.

1.3.2.

MCAO RESPONSIBILITIES

MCAO shall be responsible for providing timely and accurate data files, including
individual orders and case status updates, as required under this Agreement.
MCAO shall retrieve compliance data from the Contractor’s secure FTP site and
shall review and respond to reconciliation reports within ten (10) business days of
receipt, unless otherwise agreed in writing.

CONTRACTOR RESPONSIBILITIES

The Contractor shall maintain a secure FTP site to facilitate the exchange of data
with MCAO. The Contractor shall process and transmit compliance data to MCAO
on a daily basis and shall perform quarterly reconciliations using the MCAO-
provided data. The Contractor shall submit written reports identifying any
discrepancies found during the reconciliation process.

1.4. DATA TRANSFER AND REPORTING REQUIREMENTS

Unless otherwise agreed to in writing by both parties, the following shall constitute the default
requirements for daily data transfer and reporting:

1.4.1.

DAILY DATA TRANSFER REQUIREMENT

1.4.1.1. The Maricopa County Attorney’s Office (MCAO) shall transmit all
individual orders and related information to the Contractor via a daily XML
file transfer to the Contractor’s secured FTP site.

1.4.1.2. The Contractor shall transmit all individual compliance data and related

information to the MCAO via a daily XML file transfer. The MCAO shall
retrieve this data from the Contractor’s secured FTP site.

(2)

1.4.2.

1.4.1.3. The MCAO shall only accept daily data transfers in XML file format. Any
other form of daily activity reporting shall not be accepted.

QUARTERLY RECONCILIATION REQUIREMENTS

1.4.2.1. MCAO shall provide the Contractor with a weekly data file listing all assigned
cases, including the current status of each case as recorded by the court.

1.4.2.2. The Contractor shall use the weekly data files provided by MCAO to conduct a
quarterly reconciliation. A written reconciliation report shall be submitted to MCAO
via email no later than ten (10) business days following the end of each calendar
quarter.

1.4.2.3. The report shall identify any discrepancies found and, at a minimum, address the
following areas:

Total number of active participants
Compliance dates

Ordered amounts

Start dates

Case numbers and participant names

Account balances as of the data extraction date
Documented instances of non-compliance

1.5. ACCEPTANCE AND DOCUMENTATION

1.5.1.

1.5.2.

1.5.3.

MCAO shall review and approve the services provided by the Contractor to
determine acceptable completion. Such review shall occur within ten (10) business
days of receipt, unless otherwise agreed in writing. If MCAO does not provide
written notice of deficiencies or a request for clarification within this period, the
services shall be deemed accepted.

The MCAO shall provide the Contractor with all necessary documentation, data
files, case information, and any other materials required for the timely and accurate
completion of services described in the Scope of Work and Contractor
Responsibilities sections of this Contract. MCAO shall make reasonable efforts to
ensure that such information is complete, accurate, and provided in a timely
manner to avoid delays in service delivery. The Contractor shall notify MCAO in
writing of any missing or unclear information that may impact performance.

All documents, including but not limited to data compilations, studies, and reports
which are prepared in the performance of this Contract, are to be and will remain
the property of the MCAO and must be delivered to the MCAO’s Contract
Administrator before termination of this Contract.

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1.6. CONTINUATION OF SERVICE

1.6.1.

The Contractor will be fully responsible for continuing to provide home detention
electronic monitoring services and all associated tasks, in accordance with this
contract, to continue to provide home detention electronic monitoring services and
all associated tasks, in accordance with this contract until the completion of all
sentences that originate during the initial term of the contract or any contract
extension terms.

1.7. SERVICE OPTIONS

1.7.1.

Contractor shall offer GPS Tracking, breath alcohol testing, continuous alcohol
monitoring, and other related devices for defendants ordered to home detention
unless otherwise noted by the MCAO via a Maricopa County Justice Court order
or similar authorized order. Should the Contractor believe that there are additional
requirements the defendant should comply with, the Contractor must seek
permission ftom the MCAO prior to implementation.

2.0.STANDARD TERMS AND CONDITIONS

2.1. CONTRACT TERM

This contract shall be effective upon full execution and shall remain in effect for a period of
two (2) years, beginning July 1, 2025, and expiring June 30, 2027

2.2. OPTION TO RENEW

The Maricopa County Attorney’s Office (MCAO), at its sole discretion, may extend the term
of this Contract for up to three (3) additional years beyond the original expiration date of June
30, 2027. Such extensions may be exercised in one-year increments or as otherwise agreed in
writing by the parties. MCAO shall provide written notice to the Contractor of its intent to
renew the Contract no less than thirty (30) calendar days prior to the expiration of the then-
current term. In no event shall the total term of this Contract, including all extensions, exceed
five (5) years.

3.0. METHOD OF PAYMENT

3.1. FEE SCHEDULE

3.1.1.

3.1.2.

Contractor will be paid directly by the Defendant sentenced to home detention,
electronic monitoring, according to the Pricing Proposal forms submitted in the
Contractor's proposal dated July 2020, attached as "Attachment B" for reference.

The Defendant sentenced to home detention with electronic monitoring shall be
solely responsible for all costs associated with participation in the program. The
Defendant’s failure to pay such costs may result in the termination of home
detention and electronic monitoring services. Under no circumstances shall
MCAO be responsible for any charges, fees, or costs associated with this Contract.

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3.1.3.

The Contractor and the defendant sentenced to home detention, electronic
monitoring will approve a payment plan based upon the defendant’s ability to pay
in accordance with Attachment B and any orders by the court regarding the
Defendant’s ability to pay.

3.2. PAYMENT APPROVAL

The Contractor shall be solely responsible for establishing and approving a payment plan with
the Defendant, based on the Defendant’s ability to pay, in accordance with Attachment B and
any applicable court orders. MCAO shall not be involved in the approval or administration of
individual payment plans.

3.3. PAYMENT TERMS

The Defendant shall be solely responsible for all costs associated with participation in the home
detention electronic monitoring program. The Contractor shall be solely responsible for
collecting payment from the Defendant and shall notify MCAO of any failure by the Defendant
to comply with the agreed payment terms. MCAO shall not be responsible for any charges,
fees, or costs under this Contract.

3.4. PRICE ADJUSTMENTS

3.4.1.

3.4.2.

3.4.3,

3.4.4,

3.4.5.

3.4.6.

The Contractor may request a price adjustment no less than sixty (60) calendar
days prior to the proposed effective date. Any such request must be submitted in
writing and include documentation supporting the basis for the adjustment,
including but not limited to changes in labor, materials, or other direct costs.

Any requested price increase shall be subject to review and approval by MCAO.
MCAO shall evaluate the Contractor’s performance, service quality, and
supporting documentation to determine the appropriateness of the requested
adjustment. No price adjustment shall be effective without prior written approval
by MCAO.

Sentinel Offender Services agrees to continually track the actual costs of the
services provided and maintain an ongoing dialogue with MCAO regarding
adverse cost fluctuations that could affect the fiscal sustainability, continuation, or
growth of the services.

The Contractor and MCAO agree to cooperate mutually to assess cost fluctuations
and, if necessary, amend the compensation structure as outlined in the Fee
Schedule, Payment Terms, and Price Adjustment provisions of this Contract.

Any approved price increase shall not exceed the percentage change in the U.S.
City Average “Consumer Price Index” (CPI), All Items, 1982-84=100, for All
Urban Consumers, as published by the U.S. Department of Labor, Bureau of Labor
Statistics, for the twelve (12) months preceding the request.

Once approved, the price increase shall be incorporated into a new base price for

the remainder of the Contract term. Any future price adjustment requests shall only
be considered at the time of annual renewal and require MCAO’s written approval.

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3.5. APPLICABLE TAXES

3.5.1.

3.5.2.

The Contractor shall be solely responsible for determining and including any and
all applicable federal, state, and local taxes in its pricing. The entity conducting
business in Arizona is legally liable to remit all applicable taxes. MCAO shall have
no obligation to pay any taxes of any kind incurred by the Contractor in connection
with this Contract.

Tax Indemnification: The Contractor and all subcontractors shall pay all federal,
state, and local taxes applicable to their operations and to any person(s) employed
by the Contractor. The Contractor shall, and shall require all subcontractors to,
hold Maricopa County harmless from any responsibility for taxes, damages,
interest, or penalties, including but not limited to transaction privilege taxes,
unemployment compensation insurance, Social Security, and workers’
compensation. The Contractor may be required to establish, to the satisfaction of
Maricopa County, that all fees and taxes due to any municipality or the State of
Arizona for any license, transaction privilege tax, use tax, or similar excise tax are
currently paid, except for amounts under legal protest.

4.0. TERMS AND CONDITIONS

4.1. GENERAL TERMS

4.1.1.

4.1.2.

The terms of this Agreement shall be construed in accordance with the laws of the
State of Arizona. Any legal action arising from or relating to this Agreement shall
be brought in the appropriate court located in Maricopa County, Arizona.

This Agreement constitutes the entire understanding between the parties and
supersedes all prior negotiations, representations, or agreements, whether written
or oral, with respect to the subject matter herein. No amendment or modification
of this Agreement shall be valid unless made in writing and signed by authorized
representatives of both parties.

4.2. INDEMNIFICATION

4.2.1.

To the fullest extent permitted by law, and to the extent that claims, damages,
losses, or expenses are not covered and paid by insurance purchased by the
Contractor, the Contractor shall defend, indemnify, and hold harmless Maricopa
County, its agents, representatives, officers, directors, officials, and employees
from and against all claims, damages, losses, and expenses (including, but not
limited to, attorneys’ fees, court costs, expert witness fees, and the costs and
attorneys’ fees for appellate proceedings) arising out of, or alleged to have resulted
from, the negligent acts, errors, omissions, or mistakes of the Contractor, a
subcontractor, anyone directly or indirectly employed by them, or anyone for
whose acts they may be liable, relating to the performance of this Contract.

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4.2.2. The Contractor’s duty to defend, indemnify, and hold harmless the County shall

arise in connection with any claim, damage, loss, or expense that is attributable to
bodily injury, sickness, disease, death, or injury to, impairment of, or destruction
of tangible property, including loss of use resulting therefrom, caused by negligent
acts, errors, omissions, or mistakes in the performance of this Contract, but only to
the extent caused by the negligent acts or omissions of the Contractor or its agents.

4.2.3. The amount and type of insurance coverage requirements set forth in this Contract

shall not be construed as limiting the scope of the indemnity in this section. The
scope of this indemnification does not extend to the sole negligence of the County.

4.3. INSURANCE

4.3.1.

4.3.2.

4.3.3.

4.3.4.

4.3.5.

4.3.6.

4.3.7.

4.3.8.

Contractor, at Contractor’s own expense, shall purchase and maintain, at a minimum,
the herein stipulated insurance from a company or companies duly licensed by the State
of Arizona and possessing an AM Best, Inc. category rating of B++. In lieu of State of
Arizona licensing, the stipulated insurance may be purchased from a company or
companies authorized to do business in the State of Arizona, provided that such
insurance companies have obtained approval from the County. The form of any
insurance policy and its accompanying forms must be acceptable to the County.

All insurance required herein shall be maintained in full force and effect until all work
or service required to be performed under the terms of the Contract is satisfactorily
completed and formally accepted. Failure to do so may, at the sole discretion of the
County, constitute a material breach of this Contract.

In the event that the insurance required is written on a claims-made basis, contractor
warrants that any retroactive date under the policy shall precede the effective date of
this contract, and either continuous coverage will be maintained, or an extended
discovery period will be exercised for a period of two years beginning at the time work
under this contract is completed

Contractor’s insurance shall be primary insurance as respects County, and any
insurance or self-insurance maintained by County shall not contribute to it.

Any failure to comply with the claim reporting provisions of the insurance policies or
any breach of an insurance policy warranty shall not affect the County’s right to
coverage afforded under the insurance policies.

Insurance policies may provide coverage that contains deductibles or self-insured
retentions. Such deductibles and/or self-insured retentions shall not be applicable with
respect to the coverage provided to the County under such policies. Contractor shall be
solely responsible for the deductible and/or self-insured retention, and County, at its
option, may require Contractor to secure payment of such deductibles or self-insured
retentions by a surety bond or an irrevocable and unconditional letter of credit.

The insurance policies required by this Contract, except Workers’ Compensation and
Errors and Omissions, shall name County, its agents, representatives, officers,
directors, officials, and employees as Additional Insureds.

The policies required hereunder, except Workers’ Compensation and Errors and
Omissions, shall contain a waiver of transfer of rights of recovery (subrogation) against

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43.9.

County, its agents, representatives, officers, directors, officials, and employees for any
claims arising out of Contractor’s work or service.

If available,

the insurance policies required by this contract may be combined with

Commercial Umbrella Insurance policies to meet the minimum limit requirements. If
a Commercial Umbrella insurance policy is utilized to meet insurance requirements,
the Certificate of Insurance shall indicate which lines the Commercial Umbrella
Insurance covers.

4.3.9.1.

4.3.9.2.

4.3.9.3.

4.3.9.4,

COMMERCIAL GENERAL LIABILITY

4.3.9.1.1. Commercial General Liability insurance and, if necessary,
Commercial Umbrella insurance with a limit of not less than
$2,000,000 for each occurrence, $4,000,000
Products/Completed Operations Aggregate, and a $4,000,000
General Aggregate Limit or an Umbrella policy in the amount
of $5,000,000 or more. The policy shall include coverage for
premises liability, bodily injury, broad form property damage,
personal property injury, products and completed operations,
and blanket contractual coverage. There shall be no
endorsement or modifications of the CGL limiting the scope
of coverage for liability arising from explosion, collapse, or
underground property damage.

AUTOMOBILE LIABILITY

Commercial/Business Automobile Liability insurance and, if necessary,
Commercial Umbrella insurance with a combined single limit for bodily
injury and property damage of not less than $2,000,000 each occurrence
with respect to any of the Contractor’s owned, hired, and non-owned
vehicles assigned to or used in performance of the Contractor’s work or
services or use or maintenance of the premises under this Contract.

WORKERS’ COMPENSATION

Workers’ Compensation insurance to cover obligations imposed by
Federal and State statutes having jurisdiction of Contractor’s employees
engaged in the performance of the work or services under this Contract;
and Employer’s Liability insurance of not less than $1,000,000 for each
accident, $1,000,000 disease for each employee, and $1,000,000 disease
policy limit.

Contractor, its contractors, and its subcontractors waive all rights against
Contract and its agents, officers, directors, and employees for recovery of
damages to the extent these damages are covered by the Workers’
Compensation and Employer’s Liability or commercial umbrella liability
insurance obtained by Contractor, its contractors, and its subcontractors
pursuant to this Contract.

ERRORS AND OMISSIONS (PROFESSIONAL LIABILITY)
INSURANCE

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4.3.9.4.1.

4.3.9.4.2.

4.3.9.4,3.

ERRORS AND OMISSIONS (PROFESSIONAL
LIABILITY) INSURANCE

Errors and Omissions (Professional Liability) insurance,
which will insure and provide coverage for errors or
omissions or professional liability of the contractor, with
limits of no less than $2,000,000 for each claim.

OR

PROFESSIONAL LIABILITY

Contractor shall maintain Professional Liability insurance
which will provide coverage for any and all acts arising out of
the work or services performed by the contractor under the
terms of this contract, with a limit of not less than $2,000,000
for each claim, and $4,000,000 aggregate claims.

OR
TECHNOLOGY ERRORS & OMISSION INSURANCE

e Each claim $5,000,000

4.3.9.4.3.1. Such insurance shall cover any and all errors,

omissions, or negligent acts in the delivery of
products, services, and/or licensed programs under
this contract.

4.3.9.4.3.2. In the event that the Technology Errors & Omission

insurance required by this contract is written on a
claims-made basis, contractor warrants that any
retroactive date under the policy shall precede the
effective date of this contract and, either continuous
coverage will be maintained or an extended discovery
period will be exercised for a period of two years,
beginning at the time work under this contract is
completed

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4.3.9.5. CYBER, NETWORK SECURITY, AND PRIVACY LIABILITY

Cyber, Network Security, and Privacy Liability Insurance with a limit of
not less than $5,000,000 per occurrence. The policy shall include, but not
be limited to; coverage for all directors, officers, agents and employees of
the contractor, losses with respect to network risks (such as data breaches,
unauthorized access or use, and ID theft of data), invasion of privacy
(regardless of the type of media involved in the loss of private
information), crisis management, identity theft response costs, breach
notification costs, credit remediation, and credit monitoring, defense, and
claims expenses, regulatory defense costs plus fines and penalties, cyber
extortion, electronic data restoration expenses (data asset protection), and
network business interruption.

4.3.10. CERTIFICATES OF INSURANCE

4.3.10.1. Prior to Contract award, Contractor shall furnish the County with valid
and complete certificates of insurance, or formal endorsements as
required by the Contract in the form provided by the County, issued by
Contractor’s insurer(s), as evidence that policies providing the required
coverage, conditions, and limits required by this Contract are in full force
and effect. Such certificates shall identify this contract number and title.

4,3.10.2. In the event any insurance policy(s) required by this Contract are written
on a claims-made basis, coverage shall extend for two years past
completion and acceptance of Contractor’s work or services, as
evidenced by annual Certificates of Insurance.

4,3.10.3. If a policy expires during the life of the Contract, a renewal certificate
must be sent to MCAO fifteen (15) calendar days before the expiration
date.

4.3.11. CANCELLATION AND EXPIRATION NOTICE

Applicable to all insurance policies required within the Insurance Requirements of this
Contract. Contractor must provide to Maricopa County, within two (2) business days
of receipt, if they receive notice of a policy that has been or will be suspended,
canceled, materially changed for any reason, has expired, or will be expiring. Such
notice shall be sent directly to the Maricopa County Attorney’s Office and shall be
mailed or hand delivered to 225 W Madison Street, Phoenix, AZ 85003, or emailed to
the Procurement Officer noted in the solicitation.

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4.4, FORCE MAJEURE

45,

4.6.

4.7.

4.8.

Neither party shall be liable for failure of performance, nor incur any liability to the other party, for
any loss or damage resulting from delay or failure to perform any part of this Contract if such delay
or failure is caused by events beyond the reasonable control and without negligence of the affected
party. Such events include, but are not limited to, Acts of God or Nature (including fire, flood,
earthquake, storm, hurricane, or other natural disaster), war, invasion, acts of foreign enemies,
hostilities (whether war is declared or not), civil unrest, rebellion, revolution, insurrection, military
or usurped power, terrorist activities, nationalization, government sanctions, lockouts, blockades,
embargoes, labor disputes, strikes, or interruptions or failures of electricity or telecommunications
services.

The affected party shall promptly notify the other party in writing of its inability to perform,
providing reasonable detail of the cause. Both parties shall use best efforts to remedy the situation
and resume performance as soon as practicable. The party asserting Force Majeure bears the burden
of demonstrating that reasonable steps were taken to minimize delay or damages, that all non-
excused obligations were substantially fulfilled, and that timely notice was provided to allow the
other party to take prudent precautions

BACKGROUND CHECK

Contractor acknowledges and agrees that background checks may be conducted by various County
entities, including but not limited to the Maricopa County Attorney’s Office (MCAO), the Maricopa
County Courts, and other departments within Maricopa County government, to determine the
Contractor’s eligibility to conduct business with the County. This requirement applies to the
Contractor, its subcontractors, and any personnel assigned to perform services under this Contract.
Failure of any individual or entity subject to such background checks to meet the County’s
standards shall render the Contractor non-responsible and may result in disqualification from award
or termination of the Contract.

SUSPENSION OF WORK

The MCAO may order the contractor, in writing, to suspend, delay, or interrupt all or any part of
the work of this contract for the period of time that MCAO determines appropriate for the
convenience of the County. No adjustment shall be made under this clause for any suspension,
delay, or interruption to the extent that performance would have been so suspended, delayed, or
interrupted by any other cause, including the fault or negligence of the contractor. No request for
adjustment under this clause shall be granted unless the claim, in an amount stated, is asserted in
writing as soon as practicable after the termination of the suspension, delay, or interruption, but not
later than the date of final payment under the contract.

TERMINATION FOR CONVENIENCE

MCAO may terminate the resultant contract for convenience by providing 60 calendar days
advance notice to the contractor.

TERMINATION FOR DEFAULT

4.8.1. MCAO may, by written notice of default to the Contractor, terminate this contract
in whole or in part if the Contractor fails to:

(11)

4.8.1.1. deliver the supplies or perform the services within the time specified in
this contract or any extension;

4.8.1.2. make progress, so as to endanger the performance of this contract; or

4.8.1.3. perform any of the other provisions of this contract.

4.9. MCAO’s right to terminate this contract under these subparagraphs may be exercised if the
Contractor does not cure such failure within 10 business days (or more if authorized in writing by
MCAO) after receipt of the notice from the procurement officer specifying the failure.

4.10.STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF INTEREST

Notice is given that, pursuant to A.R.S. § 38-511, the County may cancel any contract without
penalty or further obligation within three years after execution of the contract, if any person
significantly involved in initiating, negotiating, securing, drafting, or creating the contract on behalf
of the County is at any time while the contract or any extension of the contract is in effect, an
employee or agent of any other party to the contract in any capacity or consultant to any other party
of the contract with respect to the subject matter of the contract. Additionally, pursuant to A.R.S §
38-511, the County may recoup any fee or commission paid or due to any person significantly
involved in initiating, negotiating, securing, drafting, or creating the contract on behalf of the
County from any other party to the contract arising as a result of the contract.

4.11.CONTRACTOR LICENSE REQUIREMENT

4.11.1.

4.11.2.

The contractor shall procure all permits, insurance, and licenses and pay the
charges and fees necessary and incidental to the lawful conduct of his/her business,
and as necessary, complete any required certification requirements, required by
any and all governmental or non-governmental entities as mandated to maintain
compliance with and in good standing for all permits and/or licenses. The
contractor shall keep fully informed of existing and future trade or industry
requirements, and Federal, State, and local laws, ordinances, and regulations that
in any manner affect the fulfillment of a contract and shall comply with the same.
Contractor shall immediately notify both the Office of Procurement Services and
the department of any and all changes concerning permits, insurance, or licenses.

Contractor furnishing finished products, materials, or articles of merchandise that
will require installation or attachment as part of the contract shall possess any
licenses required. Contractor is not relieved of its obligation to obtain and possess
the required licenses by subcontracting the labor portion of the contract.
Contractors are advised to contact the Arizona Registrar of Contractors,
specifically the Chief of Licensing, to determine the licensing requirements for a
particular contract. Contractor shall identify which license(s), if any, the Registrar
of Contractors requires for performance of the contract.

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4.12.SUBCONTRACTING

4.12.1. The contractor may not assign to another contractor or subcontract to another party
for performance of the terms and conditions hereof without the written consent of
the MCAO on behalf of the County. All correspondence authorizing
subcontracting must reference the bid serial number and identify the job project.

4.13.AMENDMENTS

Any amendment, modification, or variation from the terms of this Contract must be in writing and
will be effective only after approval of all parties signing the original Contract.

4.14.STRICT COMPLIANCE

Acceptance by MCAO of a performance that is not in strict compliance with the terms of the
contract shall not be deemed to be a waiver of strict compliance with respect to all other terms of
the contract.

4.15.SEVERABILITY

The removal, or invalidity in whole or in part, of any provision of this contract shall not void or
affect the validity of any other provision of this contract.

4.16.RIGHTS IN DATA

4.16.1. The County shall have the use of data and reports resulting from a contract without
additional cost or other restriction except as may be established by law or
applicable regulation. Each party shall supply to the other party, upon request, any
available information that is relevant to a contract and to the performance
thereunder.

4.16.2. Data, records, reports, and all other information generated for the County by a third
party as the result of a contract are the property of the County and shall be provided
in a format designated by the County or shall be and remain accessible to the
County into perpetuity.

4.17.RELATIONSHIPS

4.17.1. In the performance of the services described herein, the contractor shall act solely
as an independent contractor, and nothing herein or implied herein shall at any time
be construed as to create the relationship of employer and employee, co-employee,
partnership, principal and agent, or joint venture between the County and the
contractor.

4.17.2. The County reserves the right of final approval on proposed staff for all task orders.
Additionally, upon the County's request, the contractor will be required to remove
any employees working on County projects and substitute personnel at the
County's discretion within two business days, unless a different time period has
been previously approved by the County.

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4.18.NON-DISCRIMINATION

Contractor agrees to comply with all provisions and requirements of Arizona Executive Order
2009-09, including flow down of all provisions and requirements to any subcontractors.
Executive Order 2009-09 supersedes Executive Order 99-4 and amends Executive Order 75-
5 and is hereby incorporated into this contract as if set forth in full herein. During the
performance of this contract, the contractor shall not discriminate against any employee,
client, or any other individual in any way because of that person’s age, race, creed, color,
religion, sex, disability, or national origin. (Arizona Executive Order 2009-09 can be viewed

at https://apps.azsos.gov/public_services/register/2009/46/governor.pdf)

4.19.WRITTEN CERTIFICATION PURSUANT to A.R.S. § 35-393.01

If the vendor engages in for-profit activity and has 10 or more employees, and if this agreement has
a value of $100,000 or more, the vendor certifies it is not currently engaged in, and agrees for the
duration of this agreement to not engage in, a boycott of goods or services from Israel. This
certification does not apply to a boycott prohibited by 50 U.S.C. § 4842 or a regulation issued

pursuant to 50 U.S.C. § 4842.

4.20.CERTIFICATION REGARDING DEBARMENT AND SUSPENSION

4.20.1. The undersigned (authorized official signing on behalf of the contractor) certifies
to the best of his or her knowledge and belief that the contractor, its current

officers, and directors:

4.20.1.1. are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from being awarded any contract or
grant by any United States department or agency or any state, or local

jurisdiction;

4.20.2. have not, within the three-year period preceding this contract:

4,20.2.1. been convicted of fraud or any criminal offense in connection with
obtaining, attempting to obtain, or as a result of performing a government
entity (Federal, State, or local) transaction or contract; and

4,.20.2.2. been convicted of violation of any Federal or State antitrust statutes or
conviction for embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen
property regarding a government entity transaction or contract; and

4,20.2.3. are not presently indicted or criminally charged by a government entity
(Federal, State, or local) with commission of any criminal offenses in
connection with obtaining, attempting to obtain, or as a result of
performing a government entity public (Federal, State, or local)

transaction or contract;

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4.20.3.

4.20.4.

4.20.2.4. are not presently facing any civil charges from any governmental entity
regarding obtaining, attempting to obtain, or performing any
governmental entity contract or other transaction; and

4.20.2.5. have not, within a three-year period preceding this contract, had any
public transaction (Federal, State, or local) terminated for cause or
default.

If any of the above circumstances described in the paragraph are applicable to the
entity submitting a bid for this requirement, include with your bid an explanation
of the matter, including any final resolution.

The contractor shall include, without modification, this clause in all lower-tier
covered transactions (i.e., transactions with subcontractors) and in all solicitations
for lower-tier covered transactions related to this contract.

4.21. VERIFICATION REGARDING COMPLIANCE WITH A.R.S. § 41-4401 AND
FEDERAL IMMIGRATION LAWS AND REGULATIONS

4.21.1.

4.21.2.

By entering into the contract, the contractor warrants compliance with the
Immigration and Nationality Act (INA using E-Verify, and all other Federal
immigration laws and regulations related to the immigration status of its employees
and A.R.S. § 23-214(A). The contractor shall obtain statements from its
subcontractors certifying compliance and shall furnish the statements to the
procurement officer upon request. These warranties shall remain in effect through
the term of the contract. The contractor and its subcontractors shall also maintain
Employment Eligibility Verification forms (I-9) as required by the Immigration
Reform and Control Act of 1986, as amended from time to time, for all employees
performing work under the contract and verify employee compliance using the E-
Verify system and shall keep a record of the verification for the duration of the
employee’s employment or at least three years, whichever is longer. 1-9 forms are
available for download at https://www.uscis.gov/.

The County retains the legal right to inspect contractor and subcontractor employee
documents performing work under this contract to verify compliance with
paragraph 1.32.1 of this section. Contractor and subcontractor shall be given
reasonable notice of the County’s intent to inspect and shall make the documents
available at the time and date specified. Should the County suspect or find that the
contractor or any of its subcontractors are not in compliance, the County will
consider this a material breach of the contract and may pursue any and all remedies
allowed by law, including, but not limited to: suspension of work, termination of
the contract for default, and suspension and/or debarment of the contractor. All
costs necessary to verify compliance are the responsibility of the contractor.

4.22. INFLUENCE

4.22.1.

As prescribed in MC1-1203 of the Maricopa County Procurement Code, any effort
to influence an employee or agent to breach the Maricopa County Ethical Code of
Conduct or any ethical conduct may be grounds for disbarment or suspension
under MC1-902.

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4.22.2.

4.22.3.

4.22.4.

An attempt to influence includes, but is not limited to:

4.22.2.1. A person offering or providing a gratuity, gift, tip, present, donation,
money, entertainment, educational passes or tickets, or any type of
valuable contribution or subsidy that is offered or given with the intent
to influence a decision, obtain a contract, garner favorable treatment, or
gain favorable consideration of any kind.

If a person attempts to influence any employee or agent of Maricopa County, the
chief procurement officer, or his designee, reserves the right to seek any remedy
provided by the Maricopa County Procurement Code, any remedy in equity or in
the law, or any remedy provided by this contract.

Absolutely no contact between the respondent and any county personnel, other
than the office of procurement services, is allowed during the solicitation process
unless the communication is in regard to pre-existing business with the county.
Any communications regarding the solicitation, its participants, or any
documentation prior to the contract award may be grounds for dismissal of the
respondent from the evaluation process.

4.23. ACCESS TO AND RETENTION OF RECORDS FOR THE PURPOSE OF AUDIT
AND/OR OTHER REVIEW

4.23.1.

4.23.2.

In accordance with section MC1-372 of the Maricopa County Procurement Code,
the contractor agrees to retain (physical or digital copies of) all books, records,
accounts, statements, reports, files, and other records and back-up documentation
relevant to this contract for six years after final payment or until after the resolution
of any audit questions which could be more than six years, whichever is latest. The
County, Federal, or State auditors and any other persons duly authorized by the
department shall have full access to, and the right to examine, copy, and make use
of, any and all said materials.

If the contractor’s books, records, accounts, statements, reports, files, and other
records and back-up documentation relevant to this contract are not sufficient to
support and document that the requested services were provided, the contractor
shall reimburse MCAO for the services not so adequately supported and
documented.

4.24, AUDIT DISALLOWANCES

If at any time it is determined by the County that a cost for which payment has been made is a
disallowed cost, the County shall notify the contractor in writing of the disallowance. The course
of action to address the disallowance shall be at sole discretion of the County, and may include
either an adjustment to future invoices, request for credit, request for a check or a deduction from
current invoices submitted by the contractor equal to the amount of the disallowance, or to require
reimbursement forthwith of the disallowed amount by the contractor by issuing a check payable to
Maricopa County.

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4.25. CONFIDENTIAL INFORMATION

4.25.1. Any information obtained in the course of performing this contract may include
information that is proprietary or confidential to the County. This provision
establishes the contractor’s obligation regarding such information.

4.25.2. The contractor shall establish and maintain procedures and controls that are
adequate to assure that no information contained in its records and/or obtained
from the County or from others in carrying out its functions (services) under the
contract shall be used by or disclosed by it, its agents, officers, or employees,
except as required to efficiently perform duties under the contract. The contractor’s
procedures and controls, at a minimum, must be the same procedures and controls
it uses to protect its own proprietary or confidential information. If, at any time
during the duration of the contract, the County determines that the procedures and
controls in place are not adequate, the contractor shall institute any new and/or
additional measures requested by the County within 15 business days of the written
request to do so.

4.25.3. Any requests to the contractor for County proprietary or confidential information
shall be referred to the County for review and approval, prior to any dissemination.

4.26.ADVERTISING AND PUBLICITY

The Contractor shall not use the name, logo, or any reference to the Maricopa County Attorney’s
Office (MCAO) in any advertising, marketing materials, press releases, or public communications
without the prior written consent of the MCAO Contract Administrator and the Maricopa County
Attorney. This restriction includes, but is not limited to, promotional materials, client lists, case
studies, and website content. Any unauthorized use may be considered a material breach of this
Contract.

4.27.PUBLIC RECORDS

Under Arizona law, all offers submitted and opened are public records and must be retained by the
records manager at the Office of Procurement Services. Offers shall be open to public inspection
and copying after contract award and execution, except for such offers or sections thereof
determined to contain proprietary or confidential information by the Office of Procurement
Services. If an offeror believes that information in its offer or any resulting contract should not be
released in response to a public record request under Arizona law, the offeror shall indicate the
specific information deemed confidential or proprietary and submit a statement with its offer
detailing the reasons that the information should not be disclosed. Such reasons shall include the
specific harm or prejudice that may arise from disclosure. The records manager of the Office of
Procurement Services shall determine whether the identified information is confidential pursuant
to the Maricopa County Procurement Code.

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4.28.FORCED LABOR

4.28.1. By submitting a bid for this solicitation and/or entering into a contract as a result
of this solicitation, the contractor agrees to comply with all applicable portions of
Arizona Revised Statutes Section 35-394. Contracting; procurement; prohibition;
written certification; remedy; termination; exception; definitions.

4.28.2.
4.28.2.1. Contractor certifies that it does not currently, and agrees for the duration

of the contract, that it will not use:

4.28.2.2. The forced labor of ethnic Uyghurs in the People’s Republic of China.

4,28.2.3. Any goods or services produced by the forced labor of ethnic Uyghurs
in the People’s Republic of China.

4.28.2.4. Any contractors, subcontractors, or suppliers that use the forced labor or
any goods or services produced by the forced labor of ethnic Uyghurs in
the People’s Republic of China.

4.28.2.5. If the contractor becomes aware during the term of the agreement that the contractor is not in
compliance with this paragraph, the contractor shall notify the County within five business
days after becoming aware of the noncompliance. If the contractor fails to provide a written
certification to the County that the contractor has remedied the noncompliance within 180 days
after notifying the County of its noncompliance, then the agreement terminates, except that if
the agreement termination date occurs before the end of the 180-day period, the agreement
terminates on the agreement termination date.

4.29.RELIGIOUS ACTIVITIES

4.29.1. The contractor agrees that costs, planned or claimed, including costs incurred, shall
not include any expense for any religious activity.

4.30.POLITICAL ACTIVITY PROHIBITED

4.30.1. None of the funds, materials, property, or services contributed by the County or
the contractor under the agreement shall be used in the performance of this
agreement for any partisan political activity, or to further the election or defeat of
any candidate for public office.

4.31. EQUAL EMPLOYMENT OPPORTUNITY

4.31.1. The Contractor shall not discriminate against any employee or applicant for
employment because of race, age, disability, color, religion, sex, or national origin.
The contractor shall take affirmative action to ensure 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.

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4.31.2. Contractor shall comply with the following provisions:

4.31.2.1. Title VI and VII of the Civil Rights Act of 1964, as amended (42 U.S.C.
§§ 2000a, et seq.);

4,31.2.2. The Rehabilitation Act of 1973, as amended (29 U.S.C. §§ 701, et seq.);

4,31.2.3. The Age Discrimination in Employment Act of 1967, as amended (29
U.S.C. §§ 621, et seq.);

4.31.2.4. The Americans With Disabilities Act of 1990 (42 U.S.C. §§ 12101, et
seq.); and Arizona Executive Order 2009-09, as amended, et seq., which
mandates that all persons shall have equal access to employment
opportunities.

4.31.2.5. Contractor understands that the United States has the right to seek
judicial enforcement of this assurance.

4.32.CERTIFICATION REGARDING LOBBYING
4.32.1. Contractor certifies, to the best of their knowledge and belief, that:

4,32.1.1. No federal appropriated funds have been paid or will be paid by or on
behalf of the contractor to any person for influencing or attempting to
influence an officer or employee of any agency. This applies to 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, or the making of any federal grant. Including 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.

4.32.2. 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, member of Congress, an officer or employee of Congress, or an
employee of a member of Congress in connection with this federal contract, grant,
loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with
its instructions.

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4.32.3. Contractor shall include Lobbying Certification language in the award documents
for all subcontractors (including sub-grants, contracts under grants, loans, and
cooperative agreements), and all sub-recipients shall certify and disclose
accordingly.

4.32.3.1. The Lobbying Certification is a material representation of fact upon
which reliance was placed when this transaction is made or entered into.
Submission of this certification is a prerequisite for making or entering
into this transaction imposed by section 1352, Title 31, U.S. Code. Any
successful proposer(s) who fail to file the required certification shall be
subject to a civil penalty of not less than $10,000.00 and not more than
$100,000.00 for each such failure.

4.33.ORDER OF PRECEDENCE

In the event of a conflict in the provisions of this Contract and Contractor’s license
agreement, if applicable, the terms of this Contract shall prevail.
4.34.CONTRACT DISPUTES

All Contract disputes will be handled in accordance with the Maricopa County
Procurement Code, MCI-906.

4.35.NOTICES
All notices given pursuant to the terms of this contract shall be addressed to:
For County:

Maricopa County Attorney’s Office
Attn: Contract Administrator

225 W Madison

Phoenix, AZ 85003

For Contractor:

Sentinel Offender Services, LLC.

Alan Velasquez, Regional Sales Executive-West
1220 North Simon Circle, Unit C

Anaheim, CA 92806
avelasquez@sentineladvantage.com

Phone: (800) 589-6003 ext. 2236

Cell Phone: (949) 678-0813

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