220167- CONTRACT - ARIZONA FAMILY CONSULTING DBA BETH GARROW.PDF
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CONTRACT COURT APPOINTED ADVISORS – OFFICE OF PUBLIC DEFENSE SERVICES SERIAL 220167-ROQ This contract is entered into this 27th day of July, 2022 by and between Maricopa County (“County”), a political subdivision of the State of Arizona, and Arizona Family Consulting, PLLC, an Arizona corporation (“Contractor”) to provide a comprehensive report and, when required, expert testimony, regarding child welfare issues and placement recommendation to judges and commissioners in Family Court. 1.0 CONTRACT TERM This contract is for a term of two years, beginning on the 27th day of July, 2022 and ending the 31st day of July, 2024. 2.0 OPTION TO RENEW The County may, at its option and with the agreement of the Contractor, renew the term of this contract for additional terms up to a maximum of four additional years, (or at the County’s sole discretion, extend the contract on a month-to-month bases for a maximum of six months after expiration). The Contractor shall be notified in writing by the Office of Procurement Services of the County’s intention to renew the contract term at least 60 calendar days prior to the expiration of the original contract term. 3.0 CONTRACT COMPLETION In preparation for contract completion, the Contractor shall make all reasonable efforts for an orderly transition of its duties and responsibilities to another provider and/or to the County. This may include, but is not limited to, preparation of a transition plan and cooperation with the County or other providers in the transition. The transition includes the transfer of all records and other data in the possession, custody, or control of the Contractor that are required to be provided to the County either by the terms of this agreement or as a matter of law. The provisions of this clause shall survive the expiration or termination of this agreement. 4.0 PRICE ADJUSTMENTS Any requests for reasonable price adjustments must be submitted 60 calendar days prior to contract expiration. Requests for adjustment in cost of labor and/or materials must be supported by appropriate documentation. The reasonableness of the request will be determined by comparing the request with the Consumer Price Index or by performing a market survey. If County agrees to the adjusted price terms, County shall issue written approval of the change and provide an updated version of the contract. The new change shall not be in effect until the date stipulated on the updated version of the contract. SERIAL 220167-ROQ 5.0 PAYMENTS 5.1 As consideration for performance of the duties described herein, County shall pay Contractor the sum(s) stated in Exhibit “A.” 5.2 Payment shall be made upon the County’s receipt of a properly completed invoice. 5.3 INVOICES 5.3.1 The Contractor shall submit one legible copy of their detailed invoice before payment(s) will be made. Incomplete invoices will not be processed. At a minimum, the invoice must provide the following information: • Company name, address, and contact information • County bill-to name and contact information • Contract serial number • County purchase order number • Project name and/or number • Invoice number and date • Name of client and case number • Payment terms • Date of service or delivery • Description of service provided • Contract item number(s) • Arrival and completion time • Pricing per unit of service • Extended price • Total Amount Due 5.3.2 Problems regarding billing or invoicing shall be directed to the department as listed on the Purchase Order. 5.3.3 Payment shall only be made to the Contractor by Accounts Payable through the Maricopa County Vendor Express Payment Program. This is an electronic funds transfer (EFT) process. After contract award, the Contractor shall complete the Vendor Registration Form accessible from the County Department of Finance Vendor Registration Web Site https://www.maricopa.gov/5169/Vendor- Information. 5.3.4 Discounts offered in the contract shall be calculated based on the date a properly completed invoice is received by the County. 5.3.5 EFT payments to the routing and account numbers designated by the Contractor shall include the details on the specific invoices that the payment covers. The Contractor is required to discuss remittance delivery capabilities with their designated financial institution for access to those details. 5.4 APPLICABLE TAXES 5.4.1 It is the responsibility of the Contractor to determine any and all applicable taxes and include those taxes in their proposal. The legal liability to remit the tax is on the entity conducting business in Arizona. Tax is not a determining factor in contract award. 5.4.2 The County will look at the price or offer submitted and will not deduct, add, or alter pricing based on speculation or application of any taxes, nor will the County provide Contractor any advice or guidance regarding taxes. If you have questions regarding your tax liability, seek advice from a tax professional prior to submitting your bid. You may also find information at https://www.azdor.gov/Business.aspx. SERIAL 220167-ROQ Once your bid is submitted, the offer is valid for the time specified in this solicitation, regardless of mistake or omission of tax liability. If the County finds overpayment of a project due to tax consideration that was not due, the Contractor will be liable to the County for that amount, and by contracting with the County agrees to remit any overpayments back to the County for miscalculations on taxes included in a bid price. 5.4.3 Tax Indemnification: Contractor and all subcontractors shall pay all Federal, State, and local taxes applicable to their operation and any persons employed by the Contractor. Contractor shall, and require all subcontractors to, hold Maricopa County harmless from any responsibility for taxes, damages, and interest, if applicable, contributions required under Federal and/or State and local laws and regulations, and any other costs including: transaction privilege taxes, unemployment compensation insurance, Social Security, and workers’ compensation. Contractor may be required to establish, to the satisfaction of County, that any and all fees and taxes due to the City or the State of Arizona for any license or transaction privilege taxes, use taxes, or similar excise taxes are currently paid (except for matters under legal protest). 6.0 AVAILABILITY OF FUNDS 6.1 The provisions of this contract relating to payment for services shall become effective when funds assigned for the purpose of compensating the Contractor as herein provided are actually available to County for disbursement. The County shall be the sole judge and authority in determining the availability of funds under this contract. County shall keep the Contractor fully informed as to the availability of funds. 6.2 If any action is taken by, any State agency, Federal department, or any other agency or instrumentality to suspend, decrease, or terminate its fiscal obligations under, or in connection with, this contract, County may amend, suspend, decrease, or terminate its obligations under, or in connection with, this contract. In the event of termination, County shall be liable for payment only for services rendered prior to the effective date of the termination, provided that such services are performed in accordance with the provisions of this contract. County shall give written notice of the effective date of any suspension, amendment, or termination under this section, at least 10 days in advance. 7.0 STRATEGIC ALLIANCE for VOLUME EXPENDITURES (SAVE) The County is a member of the SAVE cooperative purchasing group. SAVE includes the State of Arizona, many Phoenix metropolitan area municipalities, and many K-12 unified school districts. Under the SAVE Cooperative Purchasing Agreement, and with the concurrence of the successful respondent under this solicitation, a member of SAVE may access a contract resulting from a solicitation issued by the County. If contractor does not want to grant such access to a member of SAVE, state so in contractor’s bid. In the absence of a statement to the contrary, the County will assume that contractor does wish to grant access to any contract that may result from this bid. The County assumes no responsibility for any purchases by using entities. 8.0 INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENTS (ICPAs) County currently holds ICPAs with numerous governmental entities. These agreements allow those entities, with the approval of the Contractor, to purchase their requirements under the terms and conditions of the County contract. It is the responsibility of the non-County government entity to perform its own due diligence on the acceptability of the contract under its applicable procurement rules, processes, and procedures. Certain governmental agencies may not require an ICPA and may utilize this contract if it meets their individual requirements. Other governmental agencies may enter into a separate Statement of Work with the Contractor to meet their own requirements. The County is not a party to any uses of this contract by other governmental entities. SERIAL 220167-ROQ 9.0 DUTIES 9.1 The Contractor shall perform all duties stated in Exhibit B – Scope of Work, or as otherwise directed in writing by the procurement officer. 9.2 During the contract term, County may provide Contractor’s personnel with adequate workspace for consultants and such other related facilities as may be required by Contractor to carry out its contractual obligations. 10.0 TERMS and CONDITIONS: 10.1 INDEMNIFICATION 10.1.1 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 the County (as Owner), 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 relating to the performance of this contract. 10.1.2 Contractor's duty to defend, indemnify, and hold harmless the County, its agents, representatives, officers, directors, officials, and employees 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, a subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss, or expense is caused in part by a party indemnified hereunder. 10.1.3 The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this section. 10.1.4 The scope of this indemnification does not extend to the sole negligence of County. 10.2 INSURANCE 10.2.1 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, which are authorized to do business in the State of Arizona, provided that said insurance companies meet the approval of County. The form of any insurance policies and forms must be acceptable to County. 10.2.2 All insurance required herein shall be maintained in full force and effect until all work or service required to be performed under the terms of the contract is satisfactorily completed and formally accepted. Failure to do so may, at the sole discretion of County, constitute a material breach of this contract. 10.2.3 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, SERIAL 220167-ROQ or an extended discovery period will be exercised for a period of two years beginning at the time work under this contract is completed. 10.2.4 Contractor’s insurance shall be primary insurance as respects County, and any insurance or self-insurance maintained by County shall not contribute to it. 10.2.5 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. 10.2.6 The insurance policies may provide coverage that contains deductibles or self- insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to County under such policies. Contractor shall be solely responsible for the deductible and/or self-insured retention and County, at its option, may require Contractor to secure payment of such deductibles or self-insured retentions by a surety bond or an irrevocable and unconditional letter of credit. 10.2.7 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. 10.2.8 The policies required hereunder, except Workers’ Compensation and Errors and Omissions, shall contain a waiver of transfer of rights of recovery (subrogation) against County, its agents, representatives, officers, directors, officials, and employees for any claims arising out of Contractor’s work or service. 10.2.9 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. 10.2.9.1 Commercial General Liability Commercial General Liability (CGL) insurance and, if necessary, Commercial Umbrella insurance with a limit of not less than $1,000,000 for each occurrence, $2,000,000 Products/Completed Operations Aggregate, and $2,000,000 General Aggregate Limit. The policy shall include coverage for premises liability, bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage, and shall not contain any provisions which would serve to limit third party action over claims. 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. 10.2.9.2 Automobile Liability If the contractor under this contract is a sole proprietor their personal auto policy may be utilized to prove coverage with limits not less than statutory minimums. Vehicle must be registered to the contractor and not a business. The Declarations page can be used as proof of insurance, must name the contractor as a covered driver and is exempt from the additional insured requirement. SERIAL 220167-ROQ 10.2.9.3 Workers’ Compensation 10.2.9.3.1 Workers’ compensation insurance to cover obligations imposed by Federal and State statutes having jurisdiction of Contractor’s employees engaged in the performance of the work or services under this contract; and Employer’s Liability insurance of not less than $1,000,000 for each accident, $1,000,000 disease for each employee, and $1,000,000 disease policy limit. 10.2.9.3.2 Contractor, its subcontractors, and sub-subcontractors waive all rights against this 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 subcontractors, and its sub-subcontractors pursuant to this contract. 10.2.9.4 Professional Liability Insurance 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 $1,000,000 for each claim, and $2,000,000 aggregate claims. 10.2.9.5 Sexual Molestation and Physical Abuse The policy shall be endorsed to include coverage for sexual molestation and physical abuse at limits not less than $1,000,000.00 per occurrence and $2,000,000.00 aggregate. These limits may be included within a General Liability policy, Professional Liability policy or provided by separate endorsement with its own limits as required. Contractor must provide the following statement on their Certificate(s) of Insurance: “Sexual molestation and physical abuse coverage is included.” Policies/certificates stating that “Sexual molestation and physical abuse coverage is not excluded” do not meet this requirement. 10.2.10 Certificates of Insurance 10.2.10.1 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. 10.2.10.2 In the event any insurance policy(ies) required by this contract is (are) written on a claims-made basis, coverage shall extend for two years past completion and acceptance of Contractor’s work or services and as evidenced by annual certificates of insurance. 10.2.10.3 If a policy does expire during the life of the Contract, a renewal certificate must be sent to County 15 calendar days prior to the expiration date. SERIAL 220167-ROQ 10.2.10.4 Certificates of Insurance shall identify Maricopa County as the additional insured/certificate holder as follows: Maricopa County c/o Risk Management 301 W Jefferson St, Suite 910 Phoenix, AZ 85003 10.2.11 Cancellation and Expiration Notice Applicable to all insurance policies required within the insurance requirements of this contract, Contractor’s insurance shall not be permitted to expire, be suspended, be canceled, or be materially changed for any reason without 30 days prior written notice to Maricopa County. Contractor must provide to Maricopa County, within two 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 Maricopa County Office of Procurement Services and shall be mailed, or hand delivered to 301 W. Jefferson St., 7th Floor, Phoenix, AZ 85003, or emailed to the procurement officer noted in the solicitation. 10.3 FORCE MAJEURE 10.3.1 Neither party shall be liable for failure of performance, nor incur any liability to the other party on account of any loss or damage resulting from any delay or failure to perform all or any part of this contract, if such delay or failure is caused by events, occurrences, or causes beyond the reasonable control and without negligence of the parties. Such events, occurrences, or causes include, but are not limited to, acts of God/nature (including fire, flood, earthquake, storm, hurricane, or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, riots, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, lockout, blockage, embargo, labor dispute, strike, and interruption or failure of electricity or telecommunication service, and pandemic. 10.3.2 Each party, as applicable, shall give the other party notice of its inability to perform and particulars in reasonable detail of the cause of the inability. Each party must use best efforts to remedy the situation and remove, as soon as practicable, the cause of its inability to perform or comply. 10.3.3 The party asserting Force Majeure as a cause for non-performance shall have the burden of proving that reasonable steps were taken to minimize delay or damages caused by foreseeable events, that all non-excused obligations were substantially fulfilled, and that the other party was timely notified of the likelihood or actual occurrence which would justify such an assertion, so that other prudent precautions could be contemplated. 10.4 WARRANTY OF SERVICES 10.4.1 The Contractor warrants that all services provided hereunder will conform to the requirements of the contract, including all descriptions, specifications, and attachments made a part of this contract. County’s acceptance of services or goods provided by the Contractor shall not relieve the Contractor from its obligations under this warranty. 10.4.2 In addition to its other remedies, County may, at the Contractor's expense, require prompt correction of any services failing to meet the Contractor's warranty herein. Services corrected by the Contractor shall be subject to all the provisions of this SERIAL 220167-ROQ contract in the manner and to the same extent as services originally furnished hereunder. 10.5 INSPECTION OF SERVICES 10.5.1 The Contractor shall provide and maintain an inspection system acceptable to County covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to County during contract performance and for as long afterwards as the contract requires. 10.5.2 County has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. County shall perform inspections and tests in a manner that will not unduly delay the work. 10.5.3 If any of the services do not conform to contract requirements, County may require the Contractor to perform the services again in conformity with contract requirements, at no cost to the County. When the defects in services cannot be corrected by re-performance, County may: 10.5.3.1 require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and 10.5.3.2 reduce the contract price to reflect the reduced value of the services performed. 10.5.4 If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, County may: 10.5.4.1 by contract or otherwise, perform the services and charge to the Contractor, through direct billing or through payment reduction, any cost incurred by County that is directly related to the performance of such service; or 10.5.4.2 terminate the contract for default. 10.6 ORDERING AUTHORITY Any request for purchase shall be accompanied by a valid purchase order issued by a County department or directed by a Certified Agency Procurement Aid (CAPA) with a purchase card for payment. 10.7 PROCUREMENT CARD ORDERING CAPABILITY County may opt to use a procurement card (Visa or Master Card) to make payment for orders under this contract. 10.8 INTERNET ORDERING CAPABILITY It is the intent of Maricopa County to use the Internet to communicate and to place orders under this contract. 10.9 NO MINIMUM OR MAXIMUM PURCHASE OBLIGATION This contract does not guarantee any minimum or maximum purchases will be made. Orders will only be placed under this contract when the County identifies a need and proper authorization and documentation have been approved. SERIAL 220167-ROQ 10.10 PURCHASE ORDERS 10.10.1 County reserves the right to cancel purchase orders within a reasonable period of time after issuance. Should a purchase order be canceled, the County agrees to reimburse the Contractor for actual and documentable costs incurred by the Contractor in response to the purchase order. The County will not reimburse the Contractor for any costs incurred after receipt of County notice of cancellation, or for lost profits, or for shipment of product prior to issuance of purchase order. 10.10.2 Contractor agrees to accept verbal notification of cancellation of purchase orders from the County procurement officer with written notification to follow. Contractor specifically acknowledges to be bound by this cancellation policy. 10.11 BACKGROUND CHECK Respondents may be required to pass multiple background checks (e.g., Sheriff’s Office, County Attorney's Office, Courts, as well as Maricopa County general government) to determine if the respondent is acceptable to do business with the County. This applies to, but is not limited to, the company, subcontractors, and employees, and the failure to pass these checks shall deem the respondent non-responsible. 10.12 PERFORMANCE It shall be the Contractor’s responsibility to meet the proposed performance requirements. Maricopa County reserves the right to obtain services on the open market in the event the Contractor fails to perform, and any price differential will be charged against the Contractor. 10.13 CONTRACTOR EMPLOYEE MANAGEMENT 10.13.1 Contractor shall endeavor to maintain the personnel proposed in their proposal throughout the performance of this contract. 10.13.2 If Contractor personnel’s employment status changes, Contractor shall provide County a list of proposed replacements with equivalent or greater experience. 10.13.3 Under no circumstances shall the implementation schedule to be impacted by a personnel change on the part of the Contractor. 10.13.4 Contractor shall not reassign any key personnel identified in their proposal without the express consent of the County. 10.13.5 County reserves the right to immediately remove from its premises any Contractor personnel it determines to be a risk to County operations. 10.13.6 County reserves the right to request the replacement of any Contractor personnel at any time, for any reason. 10.14 USAGE REPORT The Contractor shall furnish the County a usage report, upon request, delineating the acquisition activity governed by the contract. The format of the report shall be approved by the County and shall disclose the quantity and dollar value of each contract item by individual unit of measure. 10.15 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 SERIAL 220167-ROQ person significantly involved in initiating, negotiating, securing, drafting, or creating the contract on behalf of the County is at any time, while the contract or any extension of the contract is in effect, an employee or agent of any other party to the contract in any capacity or consultant to any other party of the contract with respect to the subject matter of the contract. Additionally, pursuant to A.R.S. § 38-511, the County may recoup any fee or commission paid or due to any person significantly involved in initiating, negotiating, securing, drafting, or creating the contract on behalf of the County from any other party to the contract arising as the result of the contract. 10.16 CONTRACTOR LICENSE REQUIREMENT 10.16.1 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 requirements, by any and all governmental or non-governmental entities as mandated to maintain compliance with and remain in good standing. The Contractor shall keep fully informed of existing and future trade or industry requirements, and Federal, State, and local laws, ordinances, and regulations which in any manner affect the fulfillment of a contract and shall comply with the same. Contractor shall immediately notify both Office of Procurement Services and the department of any and all changes concerning permits, insurance, or licenses. 10.16.2 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 of the labor portion of the contract. Contractors are advised to contact the Arizona Registrar of Contractors, Chief of Licensing, to ascertain licensing requirements for a particular contract. Contractor shall identify which license(s), if any, the Registrar of Contractors requires for performance of the contract. 10.17 SUBCONTRACTING 10.17.1 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 County. All correspondence authorizing subcontracting must reference the bid serial number and identify the job or project. 10.17.2 The subcontractor’s rate for the job shall not exceed that of the prime Contractor’s rate, as bid in the pricing section, unless the prime Contractor is willing to absorb any higher rates. The subcontractor’s invoice shall be invoiced directly to the prime Contractor, who in turn shall pass-through the costs to the County, without mark-up. A copy of the subcontractor’s invoice must accompany the prime Contractor’s invoice. 10.18 AMENDMENTS All amendments to this contract shall be in writing and approved/signed by both parties. Maricopa County Office of Procurement Services shall be responsible for approving all amendments for Maricopa County. 10.19 ADDITIONS/DELETIONS OF REQUIREMENTS The County reserves the right to add and/or delete materials and services to a contract. If a service requirement is deleted, payment to the Contractor will be reduced proportionately, to the amount of service reduced in accordance with the bid price. If additional materials or services are required from a contract, prices for such additions will be negotiated between the Contractor and the County. SERIAL 220167-ROQ 10.20 STRICT COMPLIANCE Acceptance by County 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. 10.21 VALIDITY The invalidity, in whole or in part, of any provision of this contract shall not void or affect the validity of any other provision of the contract. 10.22 SEVERABILITY The removal, 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. 10.23 RIGHTS IN DATA 10.23.1 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. 10.23.2 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. 10.24 ACCESS TO AND RETENTION OF RECORDS FOR THE PURPOSE OF AUDIT AND/OR OTHER REVIEW 10.24.1 In accordance with Section MC1-374 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 longest. 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. 10.24.2 If the Contractor’s books, records, accounts, statements, reports, files, and other records and back-up documentation relevant to this contract are not sufficient to support and document that requested services were provided, the Contractor shall reimburse Maricopa County for the services not so adequately supported and documented. 10.25 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. SERIAL 220167-ROQ 10.26 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, 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). 10.27 WRITTEN CERTIFICATION PURSUANT to A.R.S. § 35-393.01 If vendor engages in for-profit activity and has 10 or more employees, and if this agreement has a value of $100,000 or more, 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. 10.28 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION 10.28.1 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: 10.28.1.1 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; 10.28.1.2 have not within a three-year period preceding this contract: 10.28.1.2.1 been convicted of fraud or any criminal offense in connection with obtaining, attempting to obtain, or as the result of performing a government entity (Federal, State, or local) transaction or contract; or 10.28.1.2.2 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; 10.28.1.3 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 the result of performing a government entity public (Federal, State, or local) transaction or contract; 10.28.1.4 are not presently facing any civil charges from any governmental entity regarding obtaining, attempting to obtain, or from performing any governmental entity contract or other transaction; and 10.28.1.5 have not within a three-year period preceding this contract had any public transaction (Federal, State, or local) terminated for cause or default. SERIAL 220167-ROQ 10.28.2 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. 10.28.3 The Contractor shall include, without modification, this clause in all lower tier covered transactions (i.e., transactions with subcontractors or sub- subcontractors) and in all solicitations for lower tier covered transactions related to this contract. If this clause is applicable to a subcontractor or sub- subcontractor, the Contractor shall include the information required by this clause with their bid. 10.29 VERIFICATION REGARDING COMPLIANCE WITH A.R.S. § 41-4401 AND FEDERAL IMMIGRATION LAWS AND REGULATIONS 10.29.1 By entering into the contract, the Contractor warrants compliance with the Immigration and Nationality Act (INA using E-Verify) and all other Federal immigration laws and regulations related to the immigration status of its employees and A.R.S. § 23-214(A). The Contractor shall obtain statements from its subcontractors certifying compliance and shall furnish the statements to the 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. I-9 forms are available for download at www.uscis.gov. 10.29.2 The County retains the legal right to inspect documents of Contractor and subcontractor employees performing work under this contract to verify compliance with paragraph 10.29.1 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. 10.30 INFLUENCE 10.30.1 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. 10.30.2 An attempt to influence includes, but is not limited to: 10.30.2.1 A person offering or providing a gratuity, gift, tip, present, donation, money, entertainment or 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. 10.30.3 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. SERIAL 220167-ROQ 10.31 UNIFORM ADMINISTRATIVE REQUIREMENTS By entering into this contract, the Contractor agrees to comply with all applicable provisions of Title 2, Subtitle A, Chapter II, Part 200—UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS contained in Title 2 C.F.R. § 200 et seq. 10.32 OFFSET FOR DAMAGES In addition to all other remedies at Law or Equity, the County may offset from any money due to the Contractor any amounts Contractor owes to the County for damages resulting from breach or deficiencies in performance of the contract. 10.33 CONFIDENTIAL INFORMATION 10.33.1 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. 10.33.2 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. 10.33.3 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. 10.34 PUBLIC RECORDS Under Arizona law, all offers submitted and opened are public records and must be retained by the County at the Maricopa County 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 which 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. 10.35 PRICES Contractor warrants that prices extended to County under this contract are no higher than those paid by any other customer for these or similar services. 10.36 INTEGRATION SERIAL 220167-ROQ This contract represents the entire and integrated agreement between the parties and supersedes all prior negotiations, proposals, communications, understandings, representations, or agreements, whether oral or written, expressed, or implied. 10.37 RELATIONSHIPS 10.37.1 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. 10.37.2 The County reserves the right of final approval on proposed staff. Also, upon request by the County, the Contractor will be required to remove any employees working on County projects and substitute personnel based on the discretion of the County within two business days, unless previously approved by the County. 10.38 GOVERNING LAW This contract shall be governed by the laws of the State of Arizona. Venue for any actions or lawsuits involving this contract will be in Maricopa County Superior Court, Phoenix, Arizona. 10.39 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. 10.40 INCORPORATION OF DOCUMENTS 10.40.1 The following are to be attached to and made part of this Contract: 10.40.1.1 Exhibit A – Vendor Information and Pricing 10.40.1.2 Exhibit B – Scope of Work 10.40.1.3 Exhibit C – Office of Procurement Services Contractor Travel and Per Diem Policy 10.41 NOTICES All notices given pursuant to the terms of this contract shall be addressed to: For County: Maricopa County Office of Procurement Services 301. W. Jefferson St., 7th Floor Phoenix, Arizona 85003 For Contractor: Arizona Family Consulting, PLLC Ms. Beth Garrow 24 W. Camelback Rd. #A431 Phoenix, AZ 85013 SERIAL 220167-ROQ 10.42 INQUIRIES 10.42.1 Inquiries concerning information herein must be submitted prior to the question deadline date/time posted in the e-procurement platform, Periscope S2G, using the link in the “Q&A” tab. 10.42.2 Administrative telephone/email inquiries shall be addressed to: ANDREA STUPKA, PROCUREMENT OFFICER TELEPHONE: (602) 506-3504 Andrea.stupka@maricopa.gov 10.42.3 Inquiries may be submitted by telephone but must be followed up in writing. No oral communication is binding on Maricopa County. SERIAL 220167-ROQ SERIAL 220167-ROQ EXHIBIT A VENDOR INFORMATION AND PRICING COMPANY NAME: Arizona Family Consulting, PLLC DOING BUSINESS AS (dba): MAILING ADDRESS: 24 W. Camelback Rd., #A431, Phoenix, AZ 85013 REMIT TO ADDRESS: TELEPHONE NUMBER: 480-646-6965 FAX NUMBER: WWW ADDRESS: REPRESENTATIVE NAME: Beth Garrow REPRESENTATIVE TELEPHONE NUMBER: 480-646-6965 REPRESENTATIVE EMAIL ADDRESS azfamilyconsulting@gmail.com YES NO REBATE WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE FROM THIS CONTRACT: WILL ACCEPT PROCUREMENT CARD FOR PAYMENT: PAYMENT TERMS NET 30 DAYS 1.0 PRICING ITEM DESCRIPTION Compensation 1.1 Court Appointed Advisor services as defined herein. Compensation is predetermined and is not negotiable. Submission of a response/application to provide services for this effort indicates acknowledgement and understanding of such. $1000.00 per assignment on those cases in which the parties are indigent (See section 2.10.1) SERIAL 220167-ROQ EXHIBIT B Scope of Work 1.0 INTENT 1.1 The intent of this solicitation is to establish a list of qualified contractors to provide Court Appointed Advisor services as ordered in cases where the county is the obligated payor. Such services may include and not be limited to interviews, review of records, expert testimony, observations and a comprehensive report regarding child welfare issues and placement recommendations to judges and commissioners in Family Court (see https://www.uniformlaws.org/HigherLogic/System/DownloadDocumentFile.ashx?Docume ntFileKey=b57ffeb9-64f1-e6f9-e46d-338cc78c68db&forceDialog=0). 1.2 The provisions of this contract, between Maricopa County (County) and the contractor, apply only to those cases in which County is obligated to make payment. This is a requirements contract. Compensation is predetermined and is not negotiable. 1.3 Other governmental entities under agreement with the County may have access to services provided hereunder (see also Sections 7.0 and 8.0 above). 1.4 The County reserves the right to add additional contractors, at the County’s sole discretion, in cases where the currently listed contractors are of an insufficient number or skill set to satisfy the County’s needs or to ensure adequate competition on any project or task order work. 1.5 The County reserves the right to award this contract to multiple vendors. The County reserves the right to award in whole or in part, by item or group of items, by section or geographic area, or make multiple awards, where such action serves the County’s best interest. 2.0 SCOPE OF WORK 2.1 MINIMUM QUALIFICATIONS 2.1.1 To qualify for a Court Appointed Advisor contract with the County, contractor shall possess: 2.1.1.1 a master’s degree in social services, nursing, psychology, education, counseling, or another related field; and 2.1.1.2 a minimum of five years of experience working with children who are at risk of abuse or neglect; and 2.1.1.3 a minimum of one year of experience working for or providing services to a court as a Court Appointed Advisor; and 2.2 SUSPENSION, MODIFICATION, AND TERMINATION OF THIS CONTRACT The County may suspend, modify, or terminate this contract upon contractor’s failure to perform any contract requirement, or upon the occurrence of any event that may cause or result in contractor’s failure of the contract. Failure to perform shall include, but is not limited to, failure by contractor to fulfill the reporting requirements of the contract. 2.2.1 The County may terminate the contract as follows: 2.2.1.1 No Cause: Upon 30 days written notice to contractor. This includes, but is not limited to, termination due to budgetary reasons. SERIAL 220167-ROQ 2.2.1.2 For Cause: Immediately upon written notice to contractor. 2.2.2 Contractor may terminate this contract upon 30 days written notice to the Maricopa County procurement officer and the contract administrator or director of Office of Public Defense Services (OPDS). 2.2.3 Termination of a contract by either party does not terminate contractor’s duty to continue providing service on those cases assigned to contractor prior to the effective date of termination unless specifically indicated by the County. 2.3 RESPONSIBILITIES OF CONTRACTORS 2.3.1 General Duties of Court Appointed Advisors 2.3.1.1 Contractor shall: 2.3.1.1.1 conduct interviews and investigations as are reasonable and necessary to provide a picture of the child/children’s situation; 2.3.1.1.2 provide thorough and timely reports as directed by the court that will include a summary of the investigation, a statement of observations, and recommendations regarding the child’s best interest by the contractor. 2.3.1.1.3 The report will be submitted to the court within the time designated by the court. 2.3.2 Mandatory Training – Before any cases may be assigned to the contractor, contractor must provide the contract compliance specialist in OPDS with proof of compliance with the requirements of Arizona Revised Statute (A.R.S.) § 25-406 (C)(D). 2.3.2.1 Continuing Education – After contract has been awarded, contractor must submit documentation on or before December 31st of each year demonstrating completion during that year of a minimum of 10 hours of training in one or more of the categories and areas prescribed by A.R.S. § 25-406 including at least one training presented by the Association of Family and Conciliation Courts (AFCC). Failure to supply proof of continuing education may result in suspension of case assignments and possible termination of contract. 2.3.3 Assignment of Cases – Contract does not guarantee any minimum assignment of cases or any minimum compensation. The county engaged advisors in over 700 cases in 2021. 2.3.4 Accept Assignments – Contractor shall accept all assignments made by the contract administrator or director of OPDS unless contractor is not ethically permitted to accept the assignment due to a conflict or current caseload does not permit the contractor to effectively handle the assignment. See A.R.S. Rule 10.1 Court-Appointed Advisor for complete definition and responsibilities. 2.3.5 Reappointment – In the event that contractor is reappointed to the same case or client within six months of being relieved, the reappointment shall be considered a continuation of the original appointment and no additional compensation shall be paid. The contractor is eligible for “reappointment” only if there is a prior minute entry in which the contractor was relieved. SERIAL 220167-ROQ 2.3.6 Replacement Representation – In the event contractor becomes unable to complete an assignment and is removed from a case for any reason, contractor immediately shall report the circumstances to OPDS so that OPDS may appoint a replacement. OPDS may require contractor to return payment for the assignment. 2.3.7 Continuing Representation – Contractor has a continuing duty to provide service to clients until the court has terminated the representation. Termination of a contract(s) by either the County or the contractor does not terminate contractor’s duty to provide services in those cases assigned prior to the effective date of termination. 2.3.8 Removal for Failure of Performance – In the event a court removes contractor from representation due to any failure of performance relating to the representation, contractor may, at the discretion of the contract administrator or director of OPDS, be required to reimburse the County for any payment made to contractor relating to the representation and provide a written explanation to the contract administrator or director of OPDS of the failure of performance. Previous performance may be considered by OPDS when making future assignments. 2.3.9 No Additional Compensation – Contractor may not solicit or accept private or additional compensation of any kind from any source including fees, costs, or any other form of present or future compensation, in any matter that relates to or arises out of a pending assignment or representation. Payment authorized by court order is not prohibited by this section. If the County determines that a contractor has solicited or accepted private additional compensation the contractor will be required to compensate the County for any additional payments made by OPDS and the contractor could be suspended or terminated from the contract. 2.3.10 Records and Reports – Contractor shall create and keep detailed and accurate time sheets and case logs during the course of the assignment. Contractor will report, on a monthly basis, current active case counts and disposition and result outcomes for any closed cases to the contract administrator or director of OPDS in the manner prescribed by OPDS. Failure to submit time sheets, case logs, and final disposition records in the time and manner specified by OPDS may result in withholding compensation until the contractor is in compliance and may result in termination of the contract. 2.3.11 Contractors shall establish and maintain a system of record-keeping and professional communication that is consistent with law, rules, and regulations, and safeguards applicable privacy, confidentiality, and legal privilege. Contractors shall create all records expeditiously, unless laws, rules of the court, directives from the court, rules promulgated by regulatory bodies, or private agency policy specify otherwise. Contractors shall presume that their records are created, maintained, and preserved in anticipation of their review by others who are legally entitled to possess them and/or review them. Records of all aspects of the evaluation shall be created in reasonable detail, shall be legible, shall be stored in a manner that makes expeditious production possible, and shall be made available in a timely manner to those with the legal authority to inspect them or possess copies of them. Storage of records and any associated fees are the responsibility of the contractor. 2.3.12 Substitute Performance – This is a personal services contract between contractor and the County. Contractor may substitute performance with another contractor on contract and only with prior consent of the contract administrator or director of OPDS. Notwithstanding the foregoing, contractor shall remain primarily responsible for the performance of the contract. SERIAL 220167-ROQ 2.3.13 Requests for Expenditures – Contractor may not incur any expense for the account of the County without prior written approval of OPDS. Failure to obtain prior approval may result in the County declining to pay for the expenditure. A copy of the County’s approval must be given to the approved vendors for their billing purposes prior to the commencement of their work. If an approved vendor exceeds the OPDS-approved amount for the expenditure, OPDS is not obligated to pay any such overage. When billing for reimbursement, receipts for all expenses must be attached. OPDS will not reimburse contractor for the cost of business overhead including but not limited to: office supplies, secretarial or other staff services, long- distance telephone calls, or any other type of expense that involves the general cost of doing business unless approved in advance by the contract administrator or director of OPDS as an extraordinary expense. 2.3.14 Appointment of Interpreters – Interpreters from the Court Interpretation and Translation Services department will be used for non-English-speaking clients as necessary for all court proceedings and out-of-court matters when possible. 2.3.15 Requests for Court Orders – Any request made of any court for an order directing any action or payment by OPDS or the County must be served upon the contract administrator or director of OPDS in compliance with the Rules of Civil Procedure regarding notice. 2.3.16 Compliance with Law – Contractor shall comply with all laws, including rules and regulations, of all governmental and non-governmental accrediting and regulatory authorities, including the State of Arizona and any related licensing and administrative bodies. In the event that a license or privilege held by contractor is denied, suspended, or not renewed by any licensing or administrative authority, on an interim or other basis, contractor must notify the contract administrator or director of OPDS immediately. Failure to give such notice may result in termination of contractor’s contract. 2.3.17 Technological Equipment - Contractor shall possess the following: 2.3.17.1 Desktop or laptop computer; 2.3.17.2 Microsoft Word, Excel, and Adobe Reader; and other software as might be needed to allow contractor to conduct business electronically with OPDS; 2.3.17.3 email address 2.3.17.4 internet access; and 2.3.17.5 cell phone. 2.4 NON-DISCRIMNATION AND EQUAL EMPLOYMENT OPPORTUNITY Contractor, in the performance of the contract, will not discriminate against any person based on race, religion, sex, national origin, or disability. 2.5 DISPUTES Except as otherwise provided by law, any dispute arising under the contract shall be processed according to the procedures identified in the Maricopa County Procurement Code, Section MC1-906. SERIAL 220167-ROQ 2.6 CLAIMS FOR PAYMENT Contractor must submit an original invoice in support of payment to the OPDS Finance Department. Invoices must be submitted less than six months after the conclusion of the appointment. (A.R.S. § 11-622) If OPDS disallows a portion of any claim, the claim shall be processed for the reduced amount. If the contractor protests the amount or the reason for disallowance, the protest shall be construed as a dispute concerning a question of fact within the meaning of the Disputes (See Section 2.5) clause of this contract. 2.7 SECURITY AND PRIVACY The contractor agrees that neither the contractor, nor any of its officers or employees shall use nor reveal any research or statistical information furnished by any person and identifiable to any specific private person for any purpose other than the purpose for which it was obtained. Copies of such information shall not, without the consent of the person furnishing such information, be admitted as evidence, or used for any purpose in any action, suit, or other judicial or administrative proceedings, unless ordered by a court of competent jurisdiction. The OPDS contract administrator shall be notified immediately upon receipt of any such court order pertaining to the production of such information. 2.8 NOTICE 2.8.1 All notices, demands, and other communications to be given or delivered pursuant to the contract shall be in writing and shall be deemed delivered upon the following: 2.8.1.1 Personal delivery; 2.8.1.2 One business day from the confirmed transmission by email; 2.8.1.3 Three business days from deposit in the United States Postal mail, registered or certified, return receipt requested and postage prepaid, to the notice address or to the last known address of the party who is to be given notice. 2.9 MISCELLANEOUS 2.9.1 Travel – Visiting child placements, schools, court, etc., is a component of fulfilling the obligations of this contract and the County will not pay for mileage. In extraordinary circumstances, payment for travel outside the County may be compensated upon prior written authorization of the contract administrator or director of OPDS. 2.9.2 Change of Address/Firm – Contractor shall advise OPDS promptly in writing of any changes to telephone numbers, email addresses and business addresses. Contractors are responsible for making any changes to their information through the County Finance at the following website and promptly notifying the procurement officer in the Office of Procurement Services: https://azdom-vss- ext.hostams.com/PRDVSS2X1/Advantage4. If contractor’s business changes its name, the contractor is responsible for notifying the procurement officer in the Office of Procurement Services for the contract to be modified. 2.10 COMPENSATION 2.10.1 Payment – OPDS will compensate contractor at a flat fee of $1000 per assignment on those cases in which the parties are indigent and there has been a determination by the court that the child/children may be the victim(s) of abuse or neglect. SERIAL 220167-ROQ 2.10.1.1 In cases where parties are not indigent and ordered to pay the Court Appointed Advisor’s fees, payment will be made from the parties directly to the Court Appointed Advisor. Payment will be at the rate set by the Court Appointed Advisor and agreed on by both parties. Such assignments will be considered to be outside the scope of this contract unless one or more of the parties are later determined to be indigent or the Court orders the parties to pay a nominal fee below the Court Appointed Advisor’s normal rates. 2.11 METHOD OF PAYMENT 2.11.1 Compensation is predetermined and is not negotiable. 2.11.2 Subject to the availability of funds, OPDS shall pay the contractor upon the assignment of the case, or upon receipt of an original signed invoice in Support of Request for Warrant when accompanied by the minute entry documenting that the contractor was assigned to a case by the court, the parties are indigent, and that the child(ren) are at risk of abuse or neglect.