210192-CONTRACT - ARBOR EDUCATION & TRAINING DBA EQUUS.PDF
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SERIAL 210192-RFP
ARIZONA@WORK MARICOPA COUNTY YOUTH PROGRAM SERVICES
Contract - Arbor Education & Training DBA: Equus
DATE OF LAST REVISION: January 26, 2022
CONTRACT END DATE: June 30, 2023
CONTRACT PERIOD THROUGH JUNE 30, 2023
TO:
All Departments
FROM:
Office of Procurement Services
SUBJECT:
Contract for ARIZONA@WORK MARICOPA COUNTY YOUTH PROGRAM
SERVICES
Attached to this letter is published an effective purchasing contract for products and/or services to be
supplied to Maricopa County activities as awarded by Maricopa County on January 26, 2022
All purchases of products and/or services listed on the attached pages of this letter are to be obtained
from the vendor holding the contract. Individuals are responsible to the vendor for purchases made
outside of contracts. The contract period is indicated above.
IG/mm
Attach
Copy to:
Office of Procurement Services
Virginia Sturgill, Human Services Department
(Please remove Serial 16026-RFP from your contract notebooks)
CONTRACT ARIZONA@WORK MARICOPA COUNTY YOUTH
PROGRAM SERVICES 210192-RFP
This contract is entered into this 26th day of January 2022 by and between Maricopa County (“County”), a
political subdivision of the State of Arizona, and Arbor E&T, LLC DBA: Equus Workforce Solutions
(“Contractor”) to provide one or more service strategies for any of the fourteen Workforce Innovation and
Opportunity Act (WIOA) Youth Program service elements that address employment and educational needs
of the County youth served by the County (excluding the City of Phoenix).
1.0
CONTRACT TERM
1.1
This contract is for a term of 1 year and 6 months, beginning on the 26th of January 2022
and ending the 30th of June 2023.
2.0
OPTION TO RENEW
The County may, at its option and with the concurrence of the Contractor, renew the term of this
contract up to a maximum of three additional year(s), (or at the County’s sole discretion, extend the
contract on a month-to-month basis 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.
DEFINITIONS AND ACRONYMS
The following definitions apply to this Request for Proposals and any contract awarded.
Assistance Listing Number (ALN) formerly known as is also referred to as the Catalog of Federal
Domestic Assistance (CFDA), are related to are related to Federal programs, projects, services, and
activities that provide assistance or benefits to the American public.
ADA: Americans with Disabilities Act
AJC: Arizona Job Connection
Alternative secondary school services: Provides specialized, structured curriculum inside or outside of
the public school system which may provide work/study and/or academic intervention for students with
behavior problems, physical/mental disabilities, who are at-risk of dropping out, who are institutionalized or
adjudicated youth and/or youth who may be in foster care and are residing in an institution.
Arizona Job Connection (AJC): The state’s database system used for entering and tracking Workforce
Innovation and Opportunity Act (WIOA) participants’ enrollment and case management activities.
ARIZONA@WORK Maricopa County One Stop System: The mandated and non-mandated partners
under the Workforce Innovation and Opportunity Act.
Barriers to Employment: Circumstances which present a substantial disability or interference to the
individual's ability to obtain or retain employment.
SERIAL 210192-RFP
Basic Education Skills: Academic skills and abilities necessary and/or beneficial for a person to function
successfully in an employment environment.
Basic Skills Deficient: The individual computes or solve problems, reads, writes, or speaks English at or
below the 8.9 grade level or is unable to compute or solve problems, read, write, or speak English at a level
necessary to function on the job, in the individual’s family, or in society.
Career Exploration: A service offering exploration activities to assist the individual in decision-making and
goal setting who may have experienced unstable or limited work history, limited knowledge of career options
and opportunities, or indecision as to vocational training and/or employment career paths.
Case Management: A client-centered process through which the individual applying for and/or receiving
services is determined in need of appropriate services and/or benefits which are identified, planned,
obtained, provided, recorded, monitored, terminated, and follow-up provided where and when appropriate.
Any referrals with other youth agencies or partners shall be documented and coordinated to ensure youth
receives appropriate resources and services.
Catalog of Federal Domestic Assistance (CFDA): Government-wide listing of Federal programs,
projects, services, and activities which provide assistance or benefits to the American public.
Contract Administrator means the person administering this agreement on behalf of Maricopa County
Human Services Department (MCHSD). This person may be the designated liaison between the MCHSD
and the contractor and responsible for contract monitoring and technical assistance.
Cost Reimbursement: Contract with a line item budget based on all authorized and legitimate costs to be
incurred by the contractor in carrying out the approved activities. The contractor is reimbursed for actual
expenses according to the approved line item budget.
Counseling: Process of supportive intervention and/or guidance which assists participants to recognize
their needs, opportunities, strengths, and/or limitations; to make decisions and to follow a course of action
that is beneficial to the participant.
Credential: Nationally recognized degree or certificate or state/locally recognized formal documentation of
successful attainment of measurable skills such as technical or occupational. Credentials include, but are
not limited to, a high school diploma, General Equivalency Degree (GED) or other recognized equivalents,
post-secondary degrees/certificates, recognized skill standards, and licensure or industry-recognized
certificates.
DES: Department of Economic Security
Disconnected Youth: Youth age 14 to 24 who is not engaged in education and/or employment.
Diploma: Credential that the Arizona State Department of Education accepts as a secondary school
diploma or equivalent to a high school diploma.
Drop-out: Individual who is not attending any school and who has not received a high school diploma, GED
certificate, or equivalent.
Dropout prevention: Strategies or interventions that address programs for youth who are at-risk of
dropping out of school. Dropout prevention strategies help ensure that youth stay in school to get their high
school diploma and continue with postsecondary education, both of which are vital to their long-term
chances for successful employment.
EFL: Educational Functioning Level
ELL: English Language Learner
GED: General Equivalency Degree
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ISS: Individual Service Strategy
Individual Service Strategy (ISS): Individual competency-based training plan for a youth participant which
shall include an age appropriate employment/training goal, appropriate achievement objectives, and the
appropriate combination of services, education, and training for the youth based on the data provided by
objective assessment. Decisions made and outlined within the ISS are to be done in partnership with the
participant and need to incorporate the mandated WIOA program elements and include short term and
long-term goals. Goals on an ISS will be time framed from registration until follow-up services are
completed.
ITAs: Individual Training Accounts
In-School Youth: Individual who is—(i) attending school (as defined by State law), including secondary
and postsecondary school; (ii) not younger than age 14 or (unless an individual with a disability who is
attending school under State law) older than age 21 at time of enrollment; (iii) a low-income individual; and
(iv) one or more of the following: (I) Basic skills deficient. (II) An English language learner. (III) An offender.
(IV) A homeless individual, a homeless child or youth, a runaway, in foster care or has aged out of the foster
care system who has attained 16 years of age and left foster care for kinship guardianship or adoption, , a
child eligible for assistance under section 477 of the Social Security Act (42 U.S.C. 677), or in an out-of-
home placement. (V) Pregnant or parenting. (VI) A youth who is an individual with a disability. (VII) An
individual who requires additional assistance to complete an educational program or to secure or hold
employment.
Instruction: Refers to academic instruction that leads to completion of the requirements for a secondary
school diploma or its recognized equivalent.
Key Personnel: Experienced personnel, capable of and devoted to the successful accomplishment of work
to be performed under this contract.
Leadership development: Broad set of activities that encourage responsibility, employability, career
awareness, professional communication, and becoming productive citizens.
MCHSD: Maricopa County Human Services Department
Occupational Skills: Participant had demonstrated proficiency in those technical occupational skills
necessary to maintain employment in a certain occupation or occupational cluster.
On-the-Job Training (OJT): Training opportunities provided to youth while employed. Agreements with
private or public sector employers willing to hire participants and provide them with the training so that
participants can attain the occupational skills needed for full and adequate performance of the job. OJT
must be meaningful and productive work for the participants.
Participant: Individual who is determined eligible to participate in the WIOA youth program and who
receives a service funded by WIOA.
Postsecondary Education: The education level that follows the successful completion of secondary
education, often referred to as high school. Postsecondary education includes universities and colleges, as
well as trade and vocational schools.
Post-Test: Test administered to a participant at regular intervals during the program to measure progress
in one or more of the following areas: basic skills, work readiness skills, and occupational skill.
Pre-Test: Initial test administered to a participant to determine need in one or more of the following areas:
basic skills, work readiness, and occupational skills.
Provider: Contractor and/or subcontractor providing services required by this agreement.
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Qualified Apprenticeship: Program approved and recorded by the ETA/Bureau of Apprenticeship and
Training (BAT) or by a recognized state apprenticeship agency (i.e. State Apprenticeship Council). Approval
is by certified registration or other appropriate written credential.
Study skills training: Set of abilities that allow youth to learn effectively and efficiently on their own. Good
study skills allow a youth to do well in all phases of education and to make all phases of life an opportunity
for learning. To become a life-long learner, youth must know how to learn.
Transition to postsecondary education and training: Activities are a comprehensive combination of
rigorous coursework along with counseling, ongoing assessment, financial aid, and other supports to keep
struggling students on track for high school graduation and post-secondary success.
Tutoring: Teaching relationship that focuses on specific academic areas and is an effective practice for
addressing specific needs. Tutoring helps youth succeed in school by offering individualized or group
instruction that youth need in structured sessions held regularly by a qualified tutor who monitors and
reinforces the youth’s progress.
United States Department of Labor (USDOL): Federal department (agency) that regulates and funds
State workforce activities under the Workforce Innovation and Opportunity Act (WIOA).
Unsubsidized Employment: Employment not financed from funds provided under the grant. In the grant
program the term “adequate” or “suitable” employment is also used to mean placement in unsubsidized
employment which pays an income adequate to accommodate the participant’s minimum economic needs.
Vocational Assessment: Method of determining present vocational skill levels, interests, aptitudes, and
values and the ability to benefit from WIOA Youth services; for early identification of barriers to education
and employment and to assist in establishing program goals.
Vocational Counseling: Process of supportive intervention and guidance which assists participants in
dealing with such issues as employment, education/occupational training and career paths. In addition,
vocational counseling addresses and attempts to empower individuals in making career decisions and in
removing barriers which may prevent the attainment of employment and/or education through the provision
of referrals to support services when appropriate. Vocational counseling is not behavioral health counseling.
WDB: Workforce Development Board
Workforce Innovation and Opportunity Act (WIOA): Act that was signed into law on July 22, 2014, and
is designed to help job seekers access employment, education, training, and support services to succeed
in the labor market and to match employers with the skilled workers they need to compete in the global
economy.
Work Readiness Goals: Measurable increase in work readiness skills including world-of-work awareness,
labor market knowledge, decision making, and job search techniques, survival/daily living skills, positive
work habits, attitudes, and behaviors, motivation and adaptability, and obtaining effective coping and
problem-solving skills.
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.
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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.
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-1 – Cost Summary/Pricing.
5.2
This Contract is awarded on a cost reimbursement basis. Services are funded by Catalog
of Federal Domestic Assistance (CFDA) WIOA Title I Youth-CFDA 17.259 and in
accordance with 29 CFR 97.21.
5.3
Payment shall be made upon the County’s receipt of a properly completed invoice.
5.4
INVOICES
5.4.1
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
•
County bill-to name and contact information
•
Contract serial number
•
County purchase order number
•
Unique invoice number and
•
Invoice date
•
Payment terms
•
Date or date range of service delivery
•
Description of purchase (product or services)
•
Total amount due
5.4.2
Program staff will provide training on the formatting for the invoice backup detail
for awarded vendors. Information needed on the invoice backup detail includes
but is not limited to:
•
Service element
•
Youth’s name
•
Youth’s AJC participant ID
•
Staff hours worked
•
Youth hours worked (for work experience activities)
•
Hourly rate
•
Date(s) of service
•
Total cost per client
•
Total cost of services for invoice
5.4.3
Contractors must provide a cost per unit of service and shall be reimbursed after
services have been provided.
5.4.4
Problems regarding billing or invoicing shall be directed to the department as
listed on the purchase order.
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5.4.5
Problems regarding billing or invoicing shall be directed to the department as listed
on the purchase order.
5.4.6
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.
5.4.7
Discounts offered in the contract shall be calculated based on the date a properly
completed invoice is received by the County.
5.4.8
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.
5.4.9
Invoices shall be submitted to: HSDFinance@Maricopa.gov
5.5
APPLICABLE TAXES
5.5.1
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.
5.5.2
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.
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.
5.5.3
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.
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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.
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.
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
SERIAL 210192-RFP
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,
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.
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.
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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 $2,000,000
for each occurrence, $4,000,000 Products/Completed Operations
Aggregate, and $4,000,000 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 Workers’ Compensation
10.2.9.2.1 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.
10.2.9.2.2 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.
10.2.9.3 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.
10.2.9.4 Sexual Molestation and Physical Abuse
The policy shall be endorsed to include coverage for sexual molestation
and physical abuse at limits not less than $2,000,000.00 per occurrence
and $4,000,000.00 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.
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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.
10.2.10.4 Certificates of Insurance shall identify Maricopa County as the 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
160 S. 4th Avenue, 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.
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10.4
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.
10.5
PURCHASE ORDERS
10.5.1 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.
10.5.2 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.
10.6
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.
10.7
BACKGROUND CHECKS FOR EMPLOYMENT THROUGH THE CENTRAL REGISTRY
By providing direct services to children or vulnerable adults, the following shall apply:
10.7.1 The provisions of A.R.S. § 8-804 (as may be amended) are hereby incorporated
in its entirety as provisions of this Award.
10.7.2 The Awardee will conduct Central Registry Background Checks and will use the
information contained in the Central Registry as a factor to determine qualifications
for positions that provide direct service to children or vulnerable adults for:
10.7.2.1 Any Agency who applies for a contract with the County and that
Agency's employees.
10.7.2.2 All employees of an Awardee.
10.7.2.3 Prospective employees of the Awardee at the request of the prospective
employer.
10.7.3 Volunteers who provide direct services to children or vulnerable adults shall have
a Central Registry Background Check which is to be used as a factor to determine
qualifications for volunteer positions.
10.7.4 A person who is disqualified because of a Central Registry Background Check may
apply to the Board of Fingerprinting for a Central Registry exception pursuant to
A.R.S. § 41-619.57.A person who is granted a Central Registry exception pursuant
to A.R.S. § 41-619.57 is not entitled to a Contract, employment, licensure,
certification or other benefit because the person has been granted a Central
Registry exception.
10.7.5 Before being employed or volunteering in a position that provides direct services
to children or vulnerable adults, persons shall certify on forms that are provided by
the MCHSD CSD whether an allegation of abuse or neglect was made against
them and was substantiated. The completed forms are to be maintained by the
Awardee as confidential.
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10.7.6 A person awaiting receipt of the Central Registry Background Check may provide
direct services to clients after the Awardee completes and submits to MCHSD
CSD, formal confirmation on each employee the following information:
10.7.6.1 Name of Employee
10.7.6.2 Position Employee holds
10.7.6.3 Date of Hire
10.7.6.4 The person is not currently the subject of an investigation of child abuse
or neglect in Arizona or another state or jurisdiction; and
10.7.6.5 The person has not been the subject of an investigation of child abuse
or neglect in Arizona, or another state or jurisdiction, which resulted in a
substantiated finding.
10.7.7 If the Central Registry Background Check specifies any disqualifying act and the
person does not have a Central Registry exception, the person shall be prohibited
from providing direct services to clients.
10.7.8 The Awardee shall maintain the Central Registry Background Check results and
any related forms or documents in a confidential file for five (5) years after
termination of this Award. For information on requesting a Search of Central
Registry for Background Check visit this website: http://www.azdps.gov/
10.8
FINGERPRINTING
10.8.1 Awardee shall comply with, and shall ensure that all of Agency's employees,
independent contractors, subcontractors, volunteers and other agents comply
with, all applicable (current and future) legal requirements relating to fingerprinting,
fingerprint clearance cards, certifications regarding pending or past criminal
matters, and criminal records checks that relate to Award performance.
10.8.2 Applicable legal requirements relating to fingerprinting, certification, and criminal
background checks may include, but are not limited, to the following: A.R.S. §§ 36-
594.01, 36-3008, 41-1964, and 46-141. All applicable legal requirements relating
to fingerprinting, fingerprint clearance cards, certifications regarding pending or
past criminal matters, and criminal records checks are hereby incorporated in their
entirety as provisions of this Award. The Awardee is responsible for knowing which
legal requirements relating to fingerprinting, fingerprint clearance cards,
certifications regarding pending or past criminal matters, and criminal records
checks relate to Award performance.
10.8.3 To the extent A.R.S. § 46-141 is applicable to contract performance or the services
provided under this Award, the following provisions apply:
10.8.4 Personnel who are employed by the Agency, whether paid or not, and who are
required or allowed to provide services directly to juveniles or vulnerable adults
shall have a valid fingerprint clearance card or shall apply for a fingerprint
clearance card within seven working days of employment.
10.8.5 Except as provided in A.R.S. § 46-141, this Award may be cancelled or terminated
immediately if a person employed by the Agency and who has contact with
juveniles certifies pursuant to the provisions of A.R.S. § 46-141 (as may be
amended) that the person is awaiting trial or has been convicted of any of the
offenses listed therein in this State, or of acts committed in another state that would
be offenses in this State, or if the person does not possess or is denied issuance
of a valid fingerprint clearance card.
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10.8.5.1 Federally recognized Indian tribes will submit and the MCHSD CSD shall
accept certifications that state that no personnel who are employed or
who will be employed during the Award term have been convicted of,
have admitted committing or are awaiting trial on any offense as
described in A.R.S. § 36-594.01 (as may be amended).
10.9
DUNS NUMBER AND SYSTEM FOR AWARD MANAGEMENT REGISTRATION
Funding for activities under this contract are provided through federal Department of Labor.
All Contractors that receive federal funding must obtain a Data Universal Numbering
System (DUNS) number through http://fedgov.dnb.com/webform. Contractor must also be
register and remain current with the System for Award Management (SAM) www.sam.gov
a database of basic business information for contractors that receive federal funds.
10.10
RELIGIOUS ACTIVITIES
The Contractor agrees that costs, planned or claimed, including costs incurred, shall not
include any expense for any religious activity.
10.11
POLITICAL ACTIVITY PROHIBITED
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.
10.12
EQUAL EMPLOYMENT OPPORTUNITY
Contractors awarded a contract utilizing WIOA, Department of Labor Title I funds, assures
that it will comply fully with the nondiscrimination and equal opportunity provisions of the
following laws:
WIOA prohibits discrimination against all individuals in the United States on the basis of
race, color, religion, sex, national origin, age, disability, political affiliation or belief, and
against beneficiaries on the basis of either citizenship/status as a lawfully admitted
immigrant authorized to work in the United States or participation in any WIOA Title I-
financially assisted program or activity;
Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the
bases of race, color and national origin;
Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination
against qualified individuals with disabilities;
The Age Discrimination Act of 1975, as amended, which prohibits discrimination on the
basis of age; and Title IX of the Education Amendments of 1972, as amended, which
prohibits discrimination on the basis of sex in educational programs.
The Contractor also assures that it will comply with 29 CFR part 37 and all other regulations
implementing the laws listed above. This assurance applies to the Contractor's operation
of the WIOA Title I program or activity. Contractor shall Contractor shall include clauses to
this effect in all agreements with subcontractors that provide WIA Title I programs or
activities.
Contractor understands that the United States has the right to seek judicial enforcement of
this assurance.
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10.13
CERTIFICATION REGARDING LOBBYING
The Contractor certifies, to the best of their knowledge and belief, that:
No Federal appropriated funds have been paid or will be paid, by or on behalf of 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, 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.
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.
The Contractor shall include Lobbying Certification language in the award documents for
all subcontractors (including sub-grants, and contract under grants, loans, and cooperative
agreements) and that all sub-recipients shall certify and disclose accordingly.
This 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 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.
10.14
CLEAN AIR ACT & CLEAN WATER ACT
Contractor must comply with all applicable standards, orders, or requirements issued under
section 306 of the Clean Air Act (42 U.S.C. 1857(h), section 508 of the Clean Water Act
(33 U.S.C. 1368) Executive Order 11738, and Environmental Protection Agency
regulations (40 CFR part 15).
10.15
ENERGY POLICY AND CONSERVATION ACT
Contractor must adhere to the standards and policies relating to energy efficiency; which
are contained in the State energy conservation plan issued in compliance with the Energy
Policy and Conservation Act (Pub. L. 94-163, 89 Stat.871).
10.16
COPELAND “ANTI-KICKBACK” ACT
Contractor is expected to comply with the Copeland “Anti-Kickback” Act (18 U.S.C.874) as
supplemented in the Department of Labor regulations (29 CFR part 3). In as such this
regulation applies to all contracts and sub grants for construction or repair.
10.17
DAVIS-BACON ACT
Contractor must comply with the Davis-Bacon Act (40 U.S.C. 276a to 276a-7) as
supplemented by Department of Labor regulations (29 CFR Part 5) when required by
Federal grant program legislation.
10.18
FINANCIAL MANAGEMENT
10.18.1 Each Contractor is required to submit a completed “Accounting Certification
Accounting Packet Attachment F”, now Exhibit E. Packet is to be completed by
Contractor’s Certified Public Accounting Agency. In accordance with 29 CFR 97.20
Contractor shall establish and maintain a special (separate) bank account for funds
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provided under the agreement, or an accounting system that assures the
safeguarding and accountability of all assets provided under the agreement. No
part of the funds deposited in the special bank account shall be commingled with
other funds of the Contractor. Any interest earned shall be disposed of in a manner
specified by the County in accordance with applicable State and Federal
regulations. If a separate bank account is established, the Contractor shall provide
a signed special bank account agreement authorizing the County to obtain
information about the account. If an accounting system is used, it shall be in
accordance with generally accepted accounting principles.
10.18.2 The Contractor shall maintain a financial management system that meet the
following standards:
10.18.2.1 Financial reporting. Accurate, current, and complete disclosure of the
financial results of financially assisted activities must be made in
accordance with the financial reporting requirements of the agreement.
10.18.2.2 Accounting records. The Contractor must maintain records which
adequately identify the source and application of funds provided for
financially-assisted activities. These records must contain information
pertaining to the agreement and authorizations, obligations, unobligated
balances, assets, liabilities, outlays or expenditures, and income.
10.18.2.3 Internal control. The Contractor shall maintain effective control and
accountability for all agreement cash, real and personal property, and
other assets. The Contractor must adequately safeguard all such
property and must assure that it is used solely for authorized purposes.
10.18.2.4 Budget control. The Contractor must maintain actual expenditures or
outlays compared with budgeted amounts for the agreement. Financial
information must be related to performance or productivity data,
including the development of unit cost information whenever appropriate
or specifically required in the agreement. If unit cost data is required,
estimates based on available documentation will be accepted whenever
possible
10.18.2.5 Allowable cost. The Contractor must use applicable OMB Circular A-87
cost principles, agency program regulations, and the terms of the
agreement will be followed in determining the reasonableness, allow
ability, and allocability of costs.
10.18.2.6 Source documentation. Accounting records must be supported by such
source documentation as cancelled checks, paid bills, payrolls, time and
attendance records, contract and subcontract documents, etc.
10.19
DEBT COLLECTION AND AUDIT RESOLUTION
10.19.1 If at any time, County determines that a cost for which payment has been made is
a disallowed cost, such as overpayment, County shall notify the Contractor in
writing of the disallowance. County shall also state the means of correction, which
may be but shall not be limited to adjustment of any future claim submitted by the
Contractor by the amount of the disallowance, or to require repayment of the
disallowed amount by the Contractor.
10.19.2 Contractor shall comply with P.L. 105-220 Sections 128, 133, and 184; 20 CFR
Part 652, Subpart D,E and G; 20 CFR Part 667 Subparts D – H; 29 CFR Parts 95,
96, 97, and 99; OMB Circular A-21.
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10.19.3 Contractor shall adhere to Federal Acquisition Regulation 97-03 Part 31; DES
Policies 1-47-01 and 1-47-08; and Workforce Investment Act Guidance Letters
#04-06, #09-06 and #18-06.
10.19.4 Among the required controls specified in Title 20 CFR Section 667.500(a) (2) is
the process for collecting debts. Title 20 CFR 667.410(a) states it is the
responsibility of the County to conduct regular oversight and monitoring of
Contractor’s WIA activities to determine whether expenditures made against the
cost categories and within the cost limitations specified in WIA laws and
regulations. Title 20 CFR 667.705 states:
10.19.5 Contractor is responsible for all funds under the agreement, and any agreements
with subcontractors. The County shall hold all direct recipients (Contractors) liable
for all expenditures of funds.
10.20
SANCTIONS AND CORRECTIVE ACTIONS
10.20.1 The Contractor agrees that the County may, based upon applicable laws or
regulations, impose corrective action on the Contractor up to and including
sanctions of funding provided for in this agreement. The imposition of any
corrective action plan or sanctions shall be at the discretion of the Department.
Actions which may lead to the provisions of this section include (but are not limited
to):
10.20.1.1 Failure to perform the required tasks and activities for which the funding
is provided.
10.20.1.2 Failure to achieve the stated performance goals and objectives in
section.
10.20.1.3 Failure to maintain appropriate fiscal and programmatic records in
accordance with the terms of the Agreement.
10.20.1.4 Failure to submit the required fiscal and performance reports.
10.21
ALTERNATIVE DISPUTE RESOLUTION
10.21.1 After the exhaustion of the administrative remedies provided in the Maricopa
County Procurement Code, any contract dispute in this matter is subject to
compulsory arbitration. Provided the parties participate in the arbitration in good
faith, such arbitration is not binding and the parties are entitled to pursue the matter
in state or federal court sitting in Maricopa County for a de novo determination on
the law and facts. If the parties cannot agree on an arbitrator, each party will
designate an arbitrator and those two arbitrators will agree on a third arbitrator.
The three arbitrators will then serve as a panel to consider the arbitration. The
parties will be equally responsible for the compensation for the arbitrator(s). The
hearing, evidence, and procedure will be in accordance with Rule 74 of the Arizona
Rules of Civil Procedure. Within ten (10) days of the completion of the hearing the
arbitrator(s) shall:
10.21.1.1
Render a decision;
10.21.1.2
Notify the parties that the exhibits are available for retrieval; and
10.21.1.3
Notify the parties of the decision in writing (a letter to the parties or
their counsel shall suffice).
10.21.2 Within ten (10) days of the notice of decision, either party may submit to the
arbitrator(s) a proposed form of award or other final disposition, including any form
of award for attorneys’ fees and costs. Within five (5) days of receipt of the
foregoing, the opposing party may file objections. Within ten (10) days of receipt
of any objections, the arbitrator(s) shall pass upon the objections and prepare a
signed award or other final disposition and mail copies to all parties or their
counsel.
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10.21.3 Any party which has appeared and participated in good faith in the arbitration
proceedings may appeal from the award or other final disposition by filing an action
in the state or federal court sitting in Maricopa County within twenty (20) days after
date of the award or other final disposition. Unless such action is dismissed for
failure to prosecute, such action will make the award or other final disposition of
the arbitrator(s) a nullity.
10.22
SUSPENSION OF WORK
The procurement officer 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 the procurement officer
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.
10.23
STOP WORK ORDER
10.23.1 The procurement officer may, at any time, by written order to the Contractor,
require the Contractor to stop all, or any part, of the work called for by this contract
for a period of 90 calendar days after the order is delivered to the Contractor, and
for any further period to which the parties may agree. The order shall be specifically
identified as a stop work order issued under this clause. Upon receipt of the order,
the Contractor shall immediately comply with its terms and take all reasonable
steps to minimize the incurrence of costs allocable to the work covered by the order
during the period of work stoppage. Within a period of 90 calendar days after a
stop work order is delivered to the Contractor, or within any extension of that period
to which the parties shall have agreed, the procurement officer shall either:
10.10.1.1
cancel the stop work order; or
10.10.1.2
terminate the work covered by the order as provided in the
Termination for Default or the Termination for Convenience clause of
this contract.
10.10.1.3
The procurement officer may make an equitable adjustment in the
delivery schedule and/or contract price, and the contract shall be
modified, in writing, accordingly, if the Contractor demonstrates that
the stop work order resulted in an increase in costs to the Contractor
10.24
TERMINATION FOR CONVENIENCE
Maricopa County may terminate the resultant contract for convenience by providing 60
calendar days advance notice to the Contractor.
10.25
TERMINATION FOR DEFAULT
10.25.1 The County may, by written Notice of Default to the Contractor, terminate this
contract in whole or in part if the Contractor fails to:
10.25.1.1
deliver the supplies or to perform the services within the time specified
in this contract or any extension;
10.25.1.2
make progress, so as to endanger performance of this contract;
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or
10.25.1.3
perform any of the other provisions of this contract.
10.25.2 The County’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 the County) after receipt of a Notice to Cure from
the procurement officer specifying the failure.
10.26
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.
10.27
CONTRACTOR EMPLOYEE MANAGEMENT
10.27.1 Contractor shall endeavor to maintain the personnel proposed in their proposal
throughout the performance of this contract.
10.27.2 If Contractor personnel’s employment status changes, Contractor shall provide
County a list of proposed replacements with equivalent or greater experience.
10.27.3 Under no circumstances shall the implementation schedule to be impacted by a
personnel change on the part of the Contractor.
10.27.4 Contractor shall not reassign any key personnel identified in their proposal without
the express consent of the County.
10.27.5 County reserves the right to immediately remove from its premises any Contractor
personnel it determines to be a risk to County operations.
10.27.6 County reserves the right to request the replacement of any Contractor personnel
at any time, for any reason.
10.28
WARRANTY OF SERVICES
10.28.1 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.
10.28.2 In addition to its other remedies, County may, at the Contractor's expense, require
prompt correction of any services failing to meet the Contractor's warranty herein.
Services corrected by the Contractor shall be subject to all the provisions of this
contract in the manner and to the same extent as services originally furnished
hereunder.
10.29
INSPECTION OF SERVICES
10.29.1 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.
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10.29.2 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.
10.29.3 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:
10.29.3.1 require the Contractor to take necessary action to ensure that future
performance conforms to contract requirements; and
10.29.3.2 reduce the contract price to reflect the reduced value of the services
performed.
10.29.4 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:
10.29.4.1 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
10.29.4.2 terminate the contract for default.
10.30
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.
10.31
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 the result of the contract.
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
SUBCONTRACTING
10.33.1 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.
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10.33.2 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.
10.34
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.
10.35
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.
10.36
RIGHTS IN DATA
10.36.1 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.
10.36.2 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.
10.37
ACCESS TO AND RETENTION OF RECORDS FOR THE PURPOSE OF AUDIT AND/OR
OTHER REVIEW
10.37.1 In accordance with Section MC1-373 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.
10.37.2 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.
10.38
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
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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.
10.39
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.
10.40
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.
10.41
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.
10.42
RELATIONSHIPS
10.42.1 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.
10.42.2 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.
10.43
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
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Arizona
Memory
Project
at
http://azmemory.azlibrary.gov/cdm/singleitem/collection/execorders/id/680/rec/1.)
10.44
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.
10.45
CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
10.45.1 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:
SERIAL 210192-RFP
10.45.1.1 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;
10.45.1.2 have not within a three-year period preceding this contract:
10.45.1.2.1 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
10.45.1.2.2 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;
10.45.1.2.3 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 the result of performing a
government entity public (Federal, State or local)
transaction or contract;
10.45.1.2.4 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
10.45.1.2.5 have not within a three-year period preceding this contract
had any public transaction (Federal, State or local)
terminated for cause or default.
10.45.2 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.
10.45.3 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.
10.46
VERIFICATION REGARDING COMPLIANCE WITH A.R.S. § 41-4401 AND FEDERAL
IMMIGRATION LAWS AND REGULATIONS
10.46.1 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
SERIAL 210192-RFP
employment or at least three years, whichever is longer. I-9 forms are available for
download at www.uscis.gov.
10.46.2 The County retains the legal right to inspect documents of Contractor and
subcontractor employees performing work under this contract to verify compliance
with paragraph 10.46.1 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.
10.47
CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO
INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS
10.47.1 The parties agree that this contract and employees working on this contract will be
subject to the Contractor employee whistleblower protections established by Title
41 U.S.C. § 4712 and Section 3.908 of the Federal Acquisition Regulation.
10.47.2 Contractor shall inform its employees in writing, in the predominant language of
the workforce, of employee whistleblower rights and protections under 41 U.S.C.
§ 4712, as described in Section 3.908 of the Federal Acquisition Regulation.
Documentation of such employee notification must be kept on file by Contractor
and copies provided to County upon request.
10.47.3 Contractor shall insert the substance of this clause, including this paragraph, in all
subcontracts over the simplified acquisition threshold ($250,000 as of fiscal year
2018).
10.48
CONTRACTOR LICENSE REQUIREMENT
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.
10.49
INFLUENCE
10.49.1 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.
10.49.2 An attempt to influence includes, but is not limited to:
10.49.2.1 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.
SERIAL 210192-RFP
10.49.3 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.
10.49.4 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.
10.50
CONFIDENTIAL INFORMATION
10.50.1 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.
10.50.2 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.
10.50.3 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.
10.51
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.
10.52
INTEGRATION
This contract represents the entire and integrated agreement between the parties and
supersedes
all
prior
negotiations,
proposals,
communications,
understandings,
representations, or agreements, whether oral or written, expressed, or implied.
SERIAL 210192-RFP
10.53
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.
10.54
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.
10.55
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.
10.56
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.
10.57
INCORPORATION OF DOCUMENTS
10.57.1 The following are to be attached to and made part of this Contract:
10.57.1.1
Exhibit A – Vendor Information
10.57.1.2
Exhibit A-1 – Cost Summary/Pricing
10.57.1.3
Exhibit B – Scope of Work
10.57.1.4
Exhibit C –Respondent’s Proposed Subcontractor(s)
10.57.1.5
Exhibit D – Certification Regarding Lobbying
10.57.1.6
Exhibit E – Accounting Certification Statement
10.57.1.7
Exhibit F – Certification Regarding Debarment
10.58
NOTICES
All notices given pursuant to the terms of this contract shall be addressed to:
For County:
Maricopa County
Office of Procurement Services
160 S. 4th Avenue
Phoenix, Arizona 85003-1647
For WIOA Program
Maricopa County
Human Services Department
Workforce Development Division
234 North Central 3rd Floor
Phoenix Arizona 85004
christopher.williams@maricopa.gov
SERIAL 210192-RFP
For Contractor:
Arbor E&T, LLC DBA: Equus Workforce Solutions
805 N. Whittington Parkway Suite 400
Louisville, KY 40222
10.59
INQUIRIES
10.59.1
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.
10.59.2
Administrative telephone/email inquiries shall be addressed to:
IRMA GUZMAN, PROCUREMENT OFFICER
TELEPHONE: (602) 506-8715
Irma.guzman@maricopa.gov
10.59.3
Inquiries may be submitted by telephone but must be followed up in writing. No
oral communication is binding on Maricopa County.
SERIAL 210192-RFP
SERIAL 210192-RFP
EXHIBIT A - VENDOR INFORMATION
YES
NO
REBATE
WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO
PURCHASE FROM THIS CONTRACT:
no
WILL ACCEPT PROCUREMENT CARD FOR PAYMENT:
no
FUEL COMPRISES (if applicable) % OF TOTAL BID AMOUNT
PAYMENT TERMS:
NET 0 DAYS
COMPANY NAME:
Arbor E&T, LLC
DOING BUSINESS AS (dba):
Equus Workforce Solutions
DUNS NUMBER:
829285894
MAILING ADDRESS:
805 N. Whittington Parkway Suite 400, Louisville, KY 40222
REMIT TO ADDRESS:
805 N. Whittington Parkway Suite 400, Louisville, KY 40222
TELEPHONE NUMBER:
502-394-2100
FAX NUMBER:
502-327-4663
WWW ADDRESS:
www.equusworks.com
REPRESENTATIVE NAME:
Nicole Ganier
REPRESENTATIVE TELEPHONE NUMBER:
818-858-2750
REPRESENTATIVE EMAIL ADDRESS
nicole.ganier@equusworks.com
SERIAL 210192-RFP
EXHIBIT A-1 - COST SUMMARY/PRICING
In accordance with guidance from the bidder's conference, the following form for the Proposed
Hourly Rate applies to all elements in the proposal. Per RFP and Q&A guidance, the Contractor will
submit a certified payroll when requested.
Respondent is to complete a Fee Proposal for each WIOA Element they are proposing.
1.
Direct Labor: costs are the actual total compensation of the personnel (including
principals or partners, if applicable) who will be directly charging time to the contract.
2.
Classifications: The labor category that will be providing direct services to participants
under this contract. Should a Respondent house multiple staff in a given labor category,
fee schedule rates may represent average rates, or not-to-exceed rates.
2.1
The Respondent will be required to submit a certified payroll to verify that proposed
fees are at or below certified payroll levels. If a Consultant’s payroll rates are
deemed to be excessive in comparison to market rates, or otherwise contrary to
the County’s interests, the County may stipulate lower rates.
3.
Overhead: The Federal Acquisition Regulations should be consulted in determining
allowable overhead. Overhead is generally inclusive of the following unless otherwise
accounted for in the audit of the firm’s expenses:
a. The salaries of personnel in the executive and administrative salary pool other
than those identifiable salaries included in salary cost, and expenses included
and reimbursable and non-salary expenses, plus salaries or imputed salaries
of partners and principals, to the extent that they perform general executive
and administrative services.
b. Benefit costs to the Consultant.
c. Business taxes and insurance, other than those included in salary cost, but
excluding state and federal income taxes.
d. Office space, including light, heat, cooling, and similar items.
e. Depreciation allowances or rental for furniture, drafting equipment, and
engineering instruments.
f. Transportation expenses, including corporate automobile expense, and
maintenance.
g. Office, printing, and drafting supplies.
h. Education and professional development (may include cost for consultant
employee’s attendance at technical conferences).
i. Communication expenses, including telephone, telegraph, and facsimile, with
the exception of those long distance calls directly chargeable to a specific
project.
j.
Professional expenses, including fees for memberships in professional
organizations.
k. Interest and finance.
l.
Proposal preparation, preliminary arrangements for new projects, or like
expenses.
SERIAL 210192-RFP
m. Computer expenses, exclusive of salary cost of operation for specific projects,
but inclusive of all other related computer operation expenses. If otherwise
provided for in the cost allocation plan of a firm (such as direct project
expense), the District reserves the right to review and approve such expense
allocation and amount at the time of fee negation.
n. Graphic and engineering supplies.
o. Reproduction and photo expense, including use of copier for work not specified
as a direct expense.
p. Postage, messenger, delivery and freight expenses other than those
chargeable to a specific project.
q. Outside and temporary help.
r. Outside services – reproduction and printing, other than those costs directly
chargeable to the project.
s. Equipment rental.
3.1
The following expenses are unallowable for inclusion in the Consultant’s overhead
(indirect salary) expenses:
a. Entertainment or advertising.
b. Time spent for participating in civic and charitable activities.
c. Bad debts, including interest, and charges for legal and collection fees.
d. Cost of life insurance policies where corporation is named as beneficiary.
e. Employee recreation and/or morale enhancement.
f. Property taxes on other than the property primarily occupied by the
corporation.
g. Fines, penalties or other payments for violations of whatever kind or
description.
h. Errors and omissions payments in settlement of claims or judgments.
i. Contributions and gifts.
3.2
The Respondent will be required to submit their most current financial audit to
verify overhead.
4.
Profit: Allowable profit should be determined considering the risk to the Contractor as
appropriate. Profit will be applied to direct labor costs and overhead, but not to direct non-
labor expenses.
5.
Proposed Hourly Rate: The hourly rate proposed by the Contractor. (direct hourly rate *
overhead=hourly rate * profit = Proposed Hourly Rate).
6.
Subcontractors: All Subcontractor services being proposed by the Respondent must
receive the same level of detail as the Contractor's fee proposal.
6.1
No additional markup by the Contractor will be allowed on work performed by sub-
contractors.
SERIAL 210192-RFP
7.
Direct Non-Salary Expenses:
7.1
Any service paid directly to a participant or employer for a work experience will be
paid at direct cost.
7.2
Any support services paid under Element 6.7 – Supportive Services will be paid at
direct cost.
8.
Maricopa County would expect that neither Overhead nor Profit will exceed 10 percent of
the total cost of service.
1) CONTRACTOR - DIRECT LABOR
2) Classification
Hourly Rate
3) Overhead
4) Profit
5) Proposed
Hourly
Rate
Project Director
$56
$6
$6
$68
Project Accountant
$56
$6
$6
$68
Supervisor
$56
$6
$6
$68
Talent Development Specialist
$56
$6
$6
$68
Talent Development Specialist
$56
$6
$6
$68
Talent Development Specialist
$56
$6
$6
$68
Talent Development Specialist
$56
$6
$6
$68
Project Director
$56
$6
$6
$68
Project Accountant
$56
$6
$6
$68
Supervisor
$56
$6
$6
$68
SERIAL 210192-RFP
EXHIBIT B - SCOPE OF WORK
ARBOR E&T, LLC DBA: EQUUS WORKFORCE SOLUTIONS IS BEING AWARDED THE CONTRACT
FOR THE FOLLOWING ELEMENTS:
Element 3 – Paid and Unpaid Work Experience
Element 6 – Leadership Development
Element 7 – Supportive Services
Element 8 – Adult Mentoring
Element 9 – Follow-up Services
Element 11 – Financial Literacy Education
Element 12 – Entrepreneurial Skills Training
Element 13 – Services that Provide Labor Market and Employment Information
1.0
SCOPE OF WORK
1.1
Contractor shall assist eligible out-of-school youth (OSY) and eligible in-school youth (ISY),
who are seeking assistance in achieving academic and employment success, with effective
and comprehensive services and activities that include a variety of options for improving
educational and skill competencies and provide an effective connection to educational
institutions and employers, including small employers in in-demand industry sectors and
occupations in the local and regional markets.
1.2
Contractor will have primary responsibility for ensuring that each participant receives the
full continuum of services. Services accessed by a WIOA youth participant will depend
upon the needs and goals identified by the participant and case manager as documented
in the participant’s ISS.
1.3
Contractor shall be responsible for timely program delivery in a safe environment that has
been tailored for the participant, reporting, quality control, maintaining licensure,
compliance with all federal, state, and local regulations including Americans with
Disabilities Act and Child Labor Laws.
1.4
Contractor shall provide the following service Elements:
1.4.1
Paid and unpaid work experiences.
1.4.2
Leadership development opportunities, which may include community service and
peer- centered activities encouraging responsibility and other positive social
behaviors.
1.4.3
Supportive services.
1.4.4
Adult mentoring for the period of participation and a subsequent period, for a total
of not less than 12 months.
1.4.5
Follow-up services for 12 months after the completion of participation.
1.4.6
Financial literacy education.
1.4.7
Entrepreneurial Skills
1.4.8
Labor market and information services.
1.5
Activities and outcomes shall meet the minimum WIOA Youth Program Element
Requirements.
SERIAL 210192-RFP
1.6
PROGRAM PERFORMANCE MEASURES
1.6.1
The Workforce Development Board (WDB) negotiates WIOA performance
indicators annually which are then communicated to the service provider(s). All
services provided to youth from county staff and providers impacts program
performance.
1.6.2
Contractor shall be assessed against five primary indicators of performance:
1.6.3
Employment/Education/Training Rate – 2nd Quarter After Exit – the percentage of
participants who are in education or training activities, or in unsubsidized
employment during the second quarter after exit from the program.
1.6.4
Employment/Education/Training Rate – 4th Quarter After Exit - the percentage of
participants who are in education or training activities, or in unsubsidized
employment during the fourth quarter after exit from the program.
1.6.5
Median Earnings – 2nd Quarter After Exit – the median earnings of participants
who are in unsubsidized employment during the second quarter after exit from the
program.
1.6.6
Credential Attainment - the percentage of those participants enrolled in an
education or training program who attain a recognized postsecondary credential
or a secondary school diploma, or its recognized equivalent, during participation
or within one year after exit from the program.
1.6.6.1
Measurable Skill Gains – the percentage of program participants who,
during a program year, are in an education or training program that leads
to a recognized postsecondary credential or employment and who are
achieving measurable skill gains, defined as documented academic,
technical, occupational, or other forms of progress, towards such a
credential or employment.
1.7
PAYMENT STRUCTURE
1.7.1
Referrals for services will only be placed when County case managers identify a
need for providers to deliver service element(s) to a specific youth. Case managers
will issue a purchase order or a written notice to providers to proceed with services.
1.7.2
The County case managers reserves the right to cancel purchase orders or notice
to proceed with services, within a reasonable period of time after issuance, if
participants do not attend or fail to progress.
1.7.3
Should a purchase order or notice to proceed be canceled, the County agrees to
reimburse the contractor for actual and documented costs incurred by the
contractor.
1.8
PROGRAM ELEMENTS
Contractor shall provide the following Program Elements:
1.8.1
Element 3: Paid and unpaid work experiences (WEX) with an academic and
occupational education component:
1.8.1.1 Work experiences are planned, structured learning experience that takes
place in a workplace for a limited period of time.
SERIAL 210192-RFP
1.8.1.2 Work experience may be paid or unpaid, as appropriate. A work
experience may take place in the private for-profit sector, the non-profit
sector, or the public sector.
1.8.1.3 Labor
standards
apply
in
any
work
experience
where
an
employee/employer relationship, as defined by the Fair Labor Standards
Act or applicable State law, exists.
1.8.1.4 Consistent with § 680.840 of this chapter, funds provided for work
experiences may not be used to directly or indirectly aid in the filling of a
job opening that is vacant because the former occupant is on strike or is
being locked out in the course of a labor dispute, or the filling of which is
otherwise an issue in a labor dispute involving a work stoppage.
1.8.1.5 Work experiences provide the youth participant with opportunities for
career exploration and skill development.
1.8.1.6 Work experiences must include academic and occupational education.
The educational component may occur concurrently or sequentially with
the work experience. Further academic and occupational education may
occur inside or outside the work site.
1.8.1.7 The types of work experiences include the following categories:
1.8.1.7.1 Summer employment opportunities and other employment
opportunities available throughout the school year;
1.8.1.7.2 Internships and job shadowing; and
1.8.1.7.3 On-the-job training (OJT) opportunities as defined in WIOA sec.
3(44) and in § 680.700 of this chapter.
1.8.1.8 Pre-apprenticeship programs:
1.8.1.8.1 A pre-apprenticeship is a program designed to prepare
individuals to enter and succeed in an apprenticeship program
registered under the Act of August 16, 1937 (commonly known
as the “National Apprenticeship Act”; 50 Stat.664, chapter 663;
29 U.S.C. 50 et. seq.) (referred to in this part as a “registered
apprenticeship” or “registered apprenticeship program”) and
includes the following elements:
1.8.1.8.1.1
Training and curriculum that aligns with the skill
needs of employers in the economy of the State
or region involved;
1.8.1.8.1.2
Access to educational and career counseling and
other supportive services, directly or indirectly;
1.8.1.8.1.3
Hands-on, meaningful learning activities that are
connected to education and training activities,
such
as
exploring
career
options,
and
understanding how the skills acquired through
coursework can be applied toward a future
career;
1.8.1.8.1.4
Opportunities to attain at least one industry-
recognized credential; and
1.8.1.8.1.5
A partnership with one or more registered
apprenticeship programs that assists in placing
individuals who complete the pre-apprenticeship
program in a registered apprenticeship program.
SERIAL 210192-RFP
1.8.1.9 Whenever possible, and in alignment with the youth’s goals, work
experiences should be focused around the following high demand
occupations and industry clusters identified by the Maricopa County
Workforce Development Board:
1.8.1.9.1
Construction
1.8.1.9.2
Information Technology
1.8.1.9.3
Transportation & Warehousing
1.8.1.9.4
Finance & Insurance
1.8.1.9.5
Manufacturing
1.8.1.9.6
Healthcare
1.8.1.10 As a result of engagement in the service, youth will:
1.8.1.10.1
Increase knowledge of career opportunities
1.8.1.10.2
Improve work readiness skills
1.8.1.10.3
Increase workplace competencies
1.8.1.11 In the delivery of this service Contractor shall:
1.8.1.11.1 Develop
and
execute
formal
worksite
agreements
stipulating:
1.8.1.11.2 the worksite name, address, representative, title, phone
number and email address
1.8.1.11.3 the vendors name, address, representative, title, phone
number and email address
1.8.1.11.4 the roles and responsibilities of each party
1.8.1.11.5 the academic skills to be learned
1.8.1.11.6 the occupational skills to be gained
1.8.1.11.7 the duration, tasks, duties and expectations for the job
1.8.1.11.8 the participant’s orientation, wage, hours, work schedule
and worksite supervisor
1.8.1.11.9 health and safety standards
1.8.1.11.10 a termination clause
1.8.1.11.11 The worksite agreement will be signed by the youth
participant, the worksite representative and the vendor
representative
1.8.1.11.12 Collect weekly timesheets signed by the youth participant
and the worksite representative
1.8.1.11.13 Hold regular review periods to speak with the youth
participant and the worksite supervisor
1.8.1.11.14 Maintain and document ongoing monitoring/oversight
through in-person visits, which follows the standard
agreement that specifies the oversight and expectations of
the assignment.
1.8.1.11.15 Contact youth within one business day of referral and make
every effort to place in a WEX opportunity within 30 days;
work closely with the Maricopa County staff to determine
appropriate steps at the first sign of any challenge that may
arise
1.8.1.11.16 Provide final copy of youth’s competency evaluation to
ARIZONA@WORK Maricopa County; provide progress
reports and competency evaluations from employers in
weekly case notes and documentation
1.8.1.11.17 Provide Certificate of Completion for work readiness
classes, which includes Work Readiness workshop prior to
assignment, and the more in-depth Career Accelerate
certificate
1.8.1.11.18 Ensure the worksite is in compliance with ADA, Equal
Opportunity, and workplace safety & child labor laws.
1.8.1.11.19 Adhere to budgets and receive approval for increases prior
to exceeding.
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1.8.2
Element 6: Leadership development activities (e.g., community service,
peer-centered activities)
1.8.2.1 Leadership development is a broad set of activities that encourage
responsibility, confidence, employability, professional communication, and
becoming productive citizens. It may include community service and peer-
centered activities that encourage taking responsibility and other positive
social behaviors such as positive attitudinal development, self-esteem
building and self-advocacy skills, diversity training including an improved
attitude toward working with individuals of diverse backgrounds,
maintaining healthy lifestyles, maintaining positive social relationships with
responsible adults and peers and contributing to the well-being of one’s
community, including voting. Leadership development opportunities are
intended to develop the potential of youth as citizens and leaders.
Leadership development opportunities, including community service and
peer-centered activities encouraging responsibility and other positive
social and civic behaviors. Leadership development opportunities are
opportunities that encourage responsibility, confidence, employability,
self-determination, and other positive social behaviors such as:
1.8.2.1.1
Exposure to postsecondary educational possibilities;
1.8.2.1.2
Community and service -earning projects;
1.8.2.1.3
Peer-centered activities, including peer mentoring and
tutoring;
1.8.2.1.4
Organizational and teamwork training, including team
leadership training;
1.8.2.1.5
Training in decision-making, including determining
priorities and problem solving;
1.8.2.1.6
Citizenship training, including life skills training such as
parenting and work behavior training;
1.8.2.1.7
Civic engagement activities which promote the quality of
life in a community; and
1.8.2.1.8
Other leadership activities that place youth in a leadership
role such as serving on youth leadership committees, such as a
Standing Youth Committee.
1.8.2.1.9
Positive social and civic behaviors are outcomes of
leadership opportunities, which are incorporated by local
programs as part of their menu of services. Positive social and
civic behaviors focus on areas that may include the following:
1.8.2.1.9.1 Positive attitudinal development;
1.8.2.1.9.2 Self-esteem building;
1.8.2.1.9.3 Openness to work with individuals from diverse
backgrounds;
1.8.2.1.9.4 Maintaining healthy lifestyles, including being alcohol-
and drug-free;
1.8.2.1.9.5 Maintaining
positive
social
relationships
with
responsible adults and peers, and contributing to the
well-being of one’s community, including voting;
1.8.2.1.9.6 Maintaining a commitment to learning and academic
success;
1.8.2.1.9.7 Avoiding delinquency; and
1.8.2.1.9.8
1.8.2.1.9.9 Positive job attitudes and work skills.
1.8.2.2 In the delivery of this service, Contractor shall:
SERIAL 210192-RFP
1.8.2.2.1
Provide the online personality assessment Career
Pathways Explorer to generate conversations regarding
career interests and aptitudes
1.8.2.2.2
connect youth to LinkedIn Learning and specific Leader
Development Path courses
1.8.2.2.3
incorporate Diversity Training
1.8.2.2.4
ensure all age-appropriate participants are registered to
vote
1.8.2.2.5
explore the interests of individuals and connecting them
to local leaders, employers, schools, and community
agencies
1.8.2.2.6
listen to feedback of participant needs
1.8.2.2.7
use resources from other Equus Youth projects to inform
exciting leadership development workshops
1.8.2.2.8
ensure 75% of youth participate in community service
that suits their interests
1.8.2.2.9
provide a summary report of the leadership activities the
youth participated in and/or certificate of completion
1.8.2.2.10 adhere to budgets and receive approval for increases
prior to exceeding
1.8.3
Element 7: Supportive Services
1.8.3.1 Supportive services, including the services listed in § 681.570: Supportive
services remove barriers and enable a youth to participate in WIOA
activities. Examples of support services include transportation assistance
(bus passes, gas cards, Uber/Lyft gift cards), work related expenses (such
as clothing, work shoes, uniforms, tools, etc.), childcare, testing fees,
books and other training related expenses, rental and utility assistance,
car repairs and reasonable accommodations for individuals with a
disability.
1.8.3.1.1
Linkages to community services.
1.8.3.1.2
Assistance with transportation;
1.8.3.1.3
Assistance with childcare and dependent care;
1.8.3.1.4
Assistance with housing;
1.8.3.1.5
Needs-related payments;
1.8.3.1.6
Assistance with educational testing;
1.8.3.1.7
Reasonable accommodations for youth with disabilities;
1.8.3.1.8
Legal aid services;
1.8.3.1.9
Referrals to health care;
1.8.3.1.10 Assistance with uniforms or other appropriate work attire and
work-related tools, including such items as eyeglasses and
protective eye gear;
1.8.3.1.11 Assistance with books, fees, school supplies, and other
necessary items for students enrolled in postsecondary
education classes; and
1.8.3.1.12 Payments and fees for employment and training-related
applications, tests, and certifications.
1.8.3.2 In the delivery of this service, Contractor shall::
1.8.3.2.1
connect participants to the resources that meet the needs
stated in the referrals, as soon as possible and within five
business days
1.8.3.2.2
collect and submit receipts for support services delivered, with
monthly backup documentation reports
1.8.3.2.3
notify county staff if the participant identifies the need for
additional support services
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1.8.3.2.4
limit administrative costs associated with providing support
services to youth via the use of refillable cards and online
purchasing whenever possible
1.8.3.2.5
ensure that administrative costs do not exceed the cost of the
item being purchased
1.8.3.2.6
adhere to budgets and receive approval for increases prior to
exceeding
1.8.4
Element 8: Adult mentoring for a duration of at least 12 months, which may
occur both during and after program participation
1.8.4.1 Adult Mentoring is a formal relationship between a youth and an adult
mentor with structured activities where the mentor offers guidance,
support and encouragement. Mentoring must last for a minimum of 12
months.
1.8.4.2 Structured activities should develop the competence and character of the
participant. Mentors will work one on one with youth to determine goals
the participant wants to achieve during mentorship. These may be related
to financial literacy, decision making, employment/career, family/parenting
etc.
1.8.4.3 Mentoring may include workplace mentoring where the vendor matches a
youth participant with an employer or employee of a company. Youth
should be matched with someone with whom they can interact face-to-
face as well as in group mentoring sessions or through electronic means.
Adult mentoring for a duration of at least 12 months, that may occur both
during and after program participation. Mentoring may include workplace
mentoring where the local program matches a youth participant with an
employer or employee of a company. Adult mentoring for youth must:
1.8.4.3.1 Last at least 12 months and may take place both during the
program and following exit from the program;
1.8.4.3.2 Be a formal relationship between a youth participant and an
adult mentor that includes structured activities where the
mentor offers guidance, support, and encouragement to
develop the competence and character of the mentee; and
1.8.4.3.3 While group mentoring activities and mentoring through
electronic means are allowable as part of the mentoring
activities, at a minimum, the local youth program must match
the youth with an individual mentor with whom the youth
interacts on a face-to-face basis.
1.8.4.4 In the delivery of this service, Contractor shall:
1.8.4.4.1 adequately recruit, screen, train and select volunteer mentors
1.8.4.4.2 ensure mentors possess a fingerprint clearance card
1.8.4.4.3 facilitate the implementation of workplace mentoring by work
site supervisors, setting guidelines for what the match entails
and recommending appropriate activities (i.e., watching and
discussing LinkedIn Learning courses, check-in questions from
the mentor, suggested readiness list, and quarterly café
events).
1.8.4.4.4 implement a mentorship committee, connecting with members
of the community, established WEX relationships, and employer
partners to connect young adults to a mentor that can provide
the best guidance toward their career pathway
1.8.4.4.5 reach out to agencies such as Big Brothers/Big Sisters, for
participants up to the age of 18, and Desert Edge Mentoring to
leverage opportunities for youth
SERIAL 210192-RFP
1.8.4.4.6 ensure all youth participants who are referred for Adult
Mentoring services will be matched with a mentor within their
first 30 days
1.8.4.4.7 provide a summary of mentorship activities and progress
1.8.4.4.8 adhere to budgets and receive approval for increases prior to
exceeding
1.8.5
Element 9: Follow-up Services
1.8.5.1 Follow-up services are critical services provided following a youth’s exit
from the program to help ensure the youth is successful in employment
and/or post-secondary education and training. Once an exit date has been
determined, ARIZONA@WORK staff will transfer the hard/virtual file to the
vendor for 12 months of follow up. Unlike the other elements, Providers
are expected to work with the file and provide case management services
to the youth.
1.8.5.2 Follow-up services must include more than only a contact attempt made
for securing documentation in order to report a performance outcome.
1.8.5.3 Providers will be granted access to Arizona Job Connection and be
expected to follow Standards of Work for data entry into the system
including contact notes, outcomes, credential attainment rates, wage
records, service delivery, and youth placement in education and
employment during the retention period.
1.8.5.4 Follow-up services for not less than 12 months after the completion of
participation, as provided in § 681.580:Follow-up Services are mandatory
based on WIOA regulations for not less than 12 months unless the youth
declines to receive follow-up services or cannot be located. At the
conclusion of the follow-up period, files will be transferred back to
ARIZONA@WORK for long term storage.
1.8.5.5 Follow-up services are critical services provided following a youth’s exit
from the program to help ensure the youth is successful in employment
and/or postsecondary education and training. Follow-up services may
include regular contact with a youth participant's employer, including
assistance in addressing work-related problems that arise.
1.8.5.6 Follow-up services for youth also may include the following program
elements:
1.8.5.6.1
Supportive services;
1.8.5.6.2
Adult mentoring;
1.8.5.6.3
Financial literacy education;
1.8.5.6.4
Services that provide labor market and employment
information
about
in-demand
industry
sectors
or
occupations available in the local area, such as career
awareness, career counseling, and career exploration
services; and
1.8.5.6.5
Activities that help youth prepare for and transition to
postsecondary education and training.
1.8.5.7 All youth participants must be offered an opportunity to receive follow-up
services that align with their individual service strategies. Furthermore,
follow-up services must be provided to all participants for a minimum of 12
months unless the participant declines to receive follow-up services or the
SERIAL 210192-RFP
participant cannot be located or contacted. Follow-up services may be
provided beyond 12 months at the State or Local Maricopa County
Workforce Development Board’s (MCWDB's) discretion. The types of
services provided and the duration of services must be determined based
on the needs of the individual and therefore, the type and intensity of
follow-up services may differ for each participant. Follow-up services must
include more than only a contact attempted or made for securing
documentation in order to report a performance outcome.
1.8.5.8 In the delivery of this service, Contractor shall:
1.8.5.8.1 follow up with individuals at least once every 30 days, or more
often as needed to ensure retention in employment, education,
and training. Contact with participant is defined as interaction
through:
1.8.5.8.1.1
Telephone (voice).
1.8.5.8.1.2
Text messages.
1.8.5.8.1.3
One-on-one physical contact.
1.8.5.8.1.4
Email messages; and
1.8.5.8.1.5
Letters from/to participant.
1.8.5.8.1.6
use TALX for employment verification
1.8.5.8.2 contact youth regularly (weekly for the first month, bi-weekly for
the second and third months, and then monthly for nine
months) to provide additional support while they are in school
and/or working
1.8.5.8.3 provide academic assistance, assistance in solving a work-
related problem, contacting employer if helpful, adult
mentoring, arranging work-related peer support, suggesting
Essential Education courses for new skills development related
to their job for advancement, financial literacy education, LMI
resources, and referrals to partners that provide support
services
1.8.5.8.4 maintain a Data Sharing Agreement with DES and
ARIZONA@WORK Maricopa County to receive access to AJC
1.8.5.8.5 provide all participants access to LinkedIn Learning
1.8.5.8.6 facilitate the transfer of files to and from the county, returning
hardcopy of participant files by the last day of the 5th quarter
after follow-up is completed to ARIZONA@WORK-Maricopa
County Youth Service Program
1.8.5.8.7 maintain files in a secure, locked, office location
1.8.5.8.8 not take files home
1.8.5.8.9 document all contacts, services, and performance outcomes in
the participant’s Arizona Job Connection (AJC) case record
and case notes within 3 business days
1.8.5.8.10 ensure employment and education documentation are
uploaded for performance outcomes (placement, median
wage, credential attainment)
1.8.5.8.11 increase performance outcomes due to increased youth
engagement in follow up services
1.8.5.8.12 adhere to budgets and receive approval for increases prior to
exceeding
1.8.6
Element 11: Financial Literacy Education
1.8.6.1 Financial Literacy Education is education involving the knowledge,
understanding, and skills needed to make effective and informed money
management decisions. The knowledge obtained through Financial
Literacy is designed to provide financial empowerment to individuals.
Services must be tailored to address the specific concerns that youth face
SERIAL 210192-RFP
regarding financial literacy. Financial literacy education - The financial
literacy education program element may include activities which:
1.8.6.1.1 Support the ability of participants to create budgets, initiate
checking and savings accounts at banks, and make informed
financial decisions;
1.8.6.1.2 Support participants in learning how to effectively manage
spending, credit, and debt, including student loans, consumer
credit, and credit cards;
1.8.6.1.3 Teach participants about the significance of credit reports and
credit scores; what their rights are regarding their credit and
financial information; how to determine the accuracy of a credit
report and how to correct inaccuracies; and how to improve or
maintain good credit;
1.8.6.1.4 Support a participant’s ability to understand, evaluate, and
compare financial products, services, and opportunities and to
make informed financial decisions;
1.8.6.1.5 Educate participants about identity theft, ways to protect
themselves from identify theft, and how to resolve cases of
identity theft and in other ways understand their rights and
protections related to personal identity and financial data;
1.8.6.1.6 Support activities that address the particular financial literacy
needs of non-English speakers, including providing the support
through the development and distribution of multilingual
financial literacy and education materials; (g) Support activities
that address the particular financial literacy needs of youth with
disabilities, including connecting them to benefits planning and
work incentives counseling;
1.8.6.1.7 Provide financial education that is age appropriate, timely, and
provides opportunities to put lessons into practice, such as by
access to safe and affordable financial products that enable
money management and savings; and
1.8.6.1.8 Implement other approaches to help participants gain the
knowledge, skills, and confidence to make informed financial
decisions that enable them to attain greater financial health and
stability by using high quality, age-appropriate, and relevant
strategies and channels, including, where possible, timely and
customized information, guidance, tools, and instruction.
1.8.6.2 In the delivery of this service, Contractor shall:
1.8.6.2.1 offer Money Essentials workshops, a curriculum that is part of
Essential Education offerings which covers checking accounts,
budgeting, credit and credit reports, and tax deductions.
1.8.6.2.2 offer an in-person or virtual workshop as needed to add clarity
and understanding to financial topics
1.8.6.2.3 reach out to local banks and credit unions, including Arizona
Federal Credit Union, Desert Financial Credit Union, Wells
Fargo, Bank of America, Chase, and US Bank, to provide
supplemental financial literacy workshops
1.8.6.2.4 connect youth to the Credit Karma, a free resource to help
them track their credit score
1.8.6.2.5 provide continued access to additional financial resources,
even after program exit, with the tools below:
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1.8.6.2.5.1 MoneySmart
1.8.6.2.5.2 EverFi
1.8.6.2.5.3 LinkedIn Learning
1.8.6.2.5.4 provide certificates of completion after course
completion
1.8.6.2.5.5 provide pre and post assessments
1.8.6.2.6 adhere to budgets and receive approval for increases prior to
exceeding
1.8.7
Element 12: Entrepreneurial Skills Training
1.8.7.1 Entrepreneurial skills training provides the basics of starting and
operating a small business. Entrepreneurship education that
provides an introduction to the values and basics of starting and
running a business. Entrepreneurship education programs often
guide youth through the development of a business plan and also
may include simulations of business start-up and operation.
Entrepreneurial Skills Training helps youth develop the skills
associated with entrepreneurship and the gig economy, such as:
the ability to take initiative, creatively seek out and identify
business opportunities, develop budgets, forecast resource
needs, understand various options for acquiring capital,
communicate effectively, and market one’s self and one’s ideas.
1.8.7.2 Enterprise development which provides supports and services
that incubate and help youth develop their own businesses.
Enterprise development programs go beyond entrepreneurship
education by helping youth access small loans or grants that are
needed to begin business operation and by providing more
individualized attention to the development of viable business
ideas.
1.8.7.3 Experiential programs that provide youth with experience in the
day-to-day operation of a business. These programs may involve
the development of a youth-run business that young people
participating in the program work in and manage. Or, they may
facilitate placement in apprentice or internship positions with adult
entrepreneurs in the community.
1.8.7.4 Approaches to teaching youth entrepreneurial skills include, but
are not limited to, the following:
1.8.7.4.1
development
of
skills
associated
with
entrepreneurship:
1.8.7.4.2
Taking initiative;
1.8.7.4.3
Creatively seeking out and identifying business
opportunities;
1.8.7.4.4
Developing budgets and forecast resource needs;
1.8.7.4.5
Understanding various options for acquiring capital
and trade-offs associated with each option; and
1.8.7.4.6
Communicating effectively and market oneself and
one’s ideas.
1.8.7.5 In the delivery of this service, Contractor shall:
1.8.7.5.1
teach the values and basics of running a business
1.8.7.5.2
work with mentors, the Arizona Small Business
Development
Center
(AZSBDC)
and
other
organizations
to
introduce
entrepreneurship,
business plans, small business loans and grants, and
relevant work experience
SERIAL 210192-RFP
1.8.7.5.3
use EverFi and Money Essentials, online learning
platforms that include entrepreneurial skills training
1.8.7.5.4
work with the Maricopa Chamber of Commerce, the
Arizona
Commerce
Authority,
Small
Business
Services, Maricopa Economic Development Alliance,
and the Maricopa Small Business Development
Center to expand the resources to connect youth
participants
and
invite
lecturers
and
local
entrepreneurs
1.8.7.5.5
provide information on the following:
1.8.7.5.6
how to start and operate a business
1.8.7.5.7
the essential skills every successful entrepreneur
should know
1.8.7.5.8
the needed skills to be a successful small business
owner
1.8.7.5.9
how to run a company with integrity and ethical
guidelines
1.8.7.5.10 critical thinking and adaptive skills
1.8.7.5.11 understanding how to manage profit & loss reporting
and statements
1.8.7.5.12 accessing financial resources and to understand and
manage a profit & loss statement
1.8.7.5.13 conduct pre and post assessments
1.8.7.5.14 provide a certificate of completion
1.8.8
Element 13: Services that provide LMI about in-demand industry
sectors and occupations available in Maricopa County
1.8.8.1 Services that provide labor market and employment information
services provide information on in demand industry sectors, or
occupations within a local area. The element focuses on career
awareness, career counseling and career exploration. It provides
knowledge on salaries, trends, skills needed, job availability,
growth projections and various other employment related
information. in-demand industry sectors or occupations available
in the local area, such as career awareness, career counseling,
and career exploration services; and
1.8.8.2 Activities that help youth prepare for and transition to
postsecondary education and training. The USDOL encourages
local youth programs to partner with existing local, state, or
national entities that can provide program element(s) at no cost to
the local youth program. The County has the discretion to
determine what specific program services a youth participant
receives, based on each participant's objective assessment and
ISS.
1.8.8.3 In the delivery of this service, Contractor shall:
1.8.8.3.1
prioritize ensuring youth understand labor market
supply, demand, and other forces affecting the labor
market to help them make informed choices and
reach their career goals
1.8.8.3.2
use the information from local employers and labor
statistic websites
1.8.8.3.3
guide youth participants to complete a brief two-
minute Career Pathways Explorer tool to identify
industries that may be a good fit
1.8.8.3.4
attend board meetings and presentations to gain
insight from the following:
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1.8.8.3.5
Arizona Office of Economic Opportunity
1.8.8.3.6
Greater Phoenix Economic Council
1.8.8.3.7
US Bureau of Labor Statistics
1.8.8.3.8
O*Net Resource Center
1.8.8.3.9
ARIZONA@WORK
1.8.8.3.10 use JobsEQ, an aggregator of local LMI that sources
information from the Arizona Workforce System, the
Bureau of Labor Statistics, and more
1.8.8.3.11 conduct pre and post assessments
1.8.8.3.12 provide a certificate of completion for formalized
training
1.8.8.3.13 adhere to budgets and receive approval for increases
prior to exceeding
1.8.9
Providers must comply with all program element requirements identified in the
Contract.
1.9
REPORTING AND RECORD KEEPING
1.9.1
Providers will be responsible for providing case note reports and backup
documents to Youth Program staff bi-weekly or monthly, and other reports in a
timely manner as needed
1.9.2
Providers will be held accountable for ensuring successful outcomes/goals for the
services they provide
1.9.3
The County youth program staff are responsible for maintaining an electronic
record of participants, services, and outcomes in the Arizona Job Connection
system for active files.
1.9.4
Providers for Follow Up Services will be responsible for maintaining accurate files
for the follow up cases they manage
1.9.5
All records must be maintained in an accurate and organized manner and kept in
a secure location.
1.10
PARTICIPANT RECORDS MAINTAINED BY THE PROVIDER SHALL INCLUDE
1.10.1 Documentation of the participant’s receipt of his/her participant rights
1.10.2 Documentation of participants’ receipt of program rules and policies
1.10.3 Referral form and summary, if applicable, including the reason for referral
1.10.4 A service plan, including any additional requirements
1.10.5 Documentation of any service plan reviews and updates
1.10.6 Progress notes, signed and dated by the staff providing the services
1.10.7 Documentation of the services provided to the participant in accordance with the
service plan, duration of service, level of involvement and the progress made
toward goals and measurable objectives. This includes at minimum, documenting
participant behavior, participation, significant events or other items of note
1.10.8 Progress reports
1.10.9 Evaluation reports
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1.10.10 Notations of communications pertinent to the participant’s required services
1.11
PROGRAM MONITORING AND EVALUATION
1.11.1 County staff will monitor the provider’s compliance with, and performance under,
the terms and conditions of the agreement and service referrals.
1.11.2 The provider shall make available for inspection and/or copying by the
department's monitors, all records and accounts relating to the work performed or
the services provided under the agreement.
1.11.3 Providers shall be monitored for fiscal, program delivery and contract compliance
annually or more often as needed.
1.11.4 Monitoring shall occur during provider’s normal business hours, announced or
unannounced.
1.11.5 Providers found to be deficient in any area shall receive written notification of
findings and required corrective actions. Providers shall provide a written response
outlining corrective actions and steps to ensure findings are corrected and resolved
to preclude future issues.
1.11.6 Providers shall be responsible for monitoring worksites for those participants that
are engaged in work experience activities.
1.12
VISITATION WITH CLIENTS
The providers shall allow the County youth program staff or other County representatives,
to visit with the client at any reasonable time during the normal hours of operation under
this agreement. County staff may direct that visits be outside the presence of any other
provider’s personnel or their subcontractors. If the County youth staff requests, the
providers shall identify a location for visits which assures communication in complete
privacy.
1.13
CONFIDENTIALITY OF CLIENT INFORMATION
1.13.1 The provider, it’s personnel, volunteers, interns and subcontractors unless
otherwise exempt, shall adhere to all federal, state and local laws regarding
confidentiality including, but not limited to the Health Insurance Portability and
Accountability Act (HIPAA) Pub. L. No. 1-4-191 (1996) and regulations
promulgated there under.
1.13.2 Personally Identifiable Information (PII) is any data that could potentially identify a
specific individual. Providers shall ensure information containing participants’ PII
is only transmitted securely via electronic method or hard copy.
1.13.3 Prohibition. Providers, personnel, subcontractors, volunteers and interns shall not
divulge or release information provider by youth program staff about any
participant to anyone without a court order, except to the youth program staff, or
anyone authorized by the contract officer to receive it. Violation of this paragraph
or applicable law shall constitute grounds to terminate the contract.
1.13.4 Release Authorization. Release of records containing participant information
requires a signed authorization/release form executed in accordance with current
state licensing and federal standards. All release authorization forms shall be
maintained by the providers and indicate the person or agency to receive the
information, the specific information to be released, and the expiration date or
event that will trigger the expiration date of the release, and shall be signed by the
SERIAL 210192-RFP
participant and the participant’s parent, guardian, or designated representative.
Release forms shall meet all federal and state requirements, as applicable and
including, but not limited to, 42 CFR Part 2 and 45 CFR 164.508. Unless the entity
is otherwise exempt, disclosures must be accounted for within 45 CFR 164.528.
1.13.5 Record Dissemination. Except for the youth program staff, the providers shall refer
persons requesting records or written documentation containing participant
information relating to this agreement to County youth staff. The providers shall
maintain release authorization forms to track the dissemination of information in
each participant’s record, except for the release of record to the program staff.
1.13.6 Research Data. Notwithstanding any other provision of this agreement, the
provider shall not provide to anyone other than County youth staff any information,
including information about clients in any form, for research purposes without the
prior written approval of the contract officer. The providers shall refer any requests
for such information to the contract officer and such requests shall be in writing.
Approval shall be within the discretion of the contract officer.
1.13.7 Subpoenas. If the providers receives a subpoena requesting records relating to
the contract, the providers, shall immediately notify the contract officer, and supply
a copy of the subpoena before complying with the subpoena.
1.14
INCIDENT REPORTING REQUIREMENTS
1.14.1 The providers shall ensure mandatory reporting to Law Enforcement and/or Child
Protective Services is conducted pursuant to A.R.S. §13-3620 and shall report
incidents identified as required by law, licensing regulations and agency policy (as
applicable).
1.14.2 Providers shall ensure incidents involving participants served under the agreement
are reported to program staff.
1.14.3 The providers shall report to the youth program supervisor, any incidents impacting
the health, safety and welfare of participants. Providers shall complete incident
reports and shall exclude identifying information if report is provided to agencies
or individuals not funded under the County contract.
1.14.4 Law Enforcement. The providers shall report incidents to law enforcement as
required by law and according to the provider’s policies and procedures.
1.14.5 Parent/Guardian. The providers shall notify the parent or guardian of any incidents
set forth and as deemed appropriate.
1.14.6 Health, Safety and Welfare Incidents. The providers shall report all incidents to the
youth program supervisor impacting the health, safety and welfare of participants
whether or not the incidents involved participants served under this contract.
1.14.7 The providers shall follow the guidelines/timeframes identified in the reporting and
documenting section.
1.14.8 Significant Incidents. The providers shall report the following significant incidents
by telephone to the youth program supervisor by 12:00 noon, MST on the next
business day after the incident occurs or after becoming aware of the incident. The
Providers shall also submit a written incident report to the youth program
supervisor no later than 24 hours after the occurrence of any incidents.
1.14.8.1 Homicidal or suicidal attempt or threat with a plan;
1.14.8.2 Physical assault (whether or not an injury occurs);
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1.14.8.3 Medical treatment beyond first aid as a result of an injury while in a
contract service;
1.14.8.4 Emergency room or urgent care visits;
1.14.8.5 Request for emergency mental health stabilization provided by first
responders and/or crisis intervention teams;
1.14.8.6 Sexual behavior involving staff and/or clients/youth (consensual or not);
1.14.8.7 Emergency safety response (ESR), locked seclusion and/or restraint;
1.14.8.8 Weapons possession;
1.14.8.9 Possession of any quantity of illicit drugs or alcohol or of medications
not prescribed to the participant;
1.14.8.10 Prescription medication errors;
1.14.8.11 Any missed medication dosages and/or medication refusals that exceed
two consecutive days. Note: Refusals must be discussed with the case
manager officer and documented;
1.14.8.12 Acts by participants or staff where the providers involve law
enforcement, excluding runaway youth;
1.14.8.13 Self-harming behavior (with or without injury);
1.14.8.14 Reported acts of inappropriate discipline and/or inappropriate behavior
management involving clients by staff; and
1.14.8.15 Traffic accidents involving clients transported by the provider, it’s
personnel, transport contractor, volunteers or interns.
1.14.9 Incident Report Form. All incident reports must be legible and be signed by the
staff who prepared the report as well as by the staff who approved the report. The
completed report must be sent to the youth program supervisor. The provider shall
maintain a file of written incident reports that are available for review by County
youth program staff.
1.14.10 The County response to incident reports or complaints. The youth program
supervisor shall take the following steps upon notification of an incident in this
paragraph:
1.14.11 Review the written information to determine if the incident requires investigation.
The youth program supervisor may direct the providers to initiate an internal review
and/or request additional information and/or require specific action;
1.14.11.1 If the provider’s actions are such as to warrant the concern, the youth
program supervisor shall investigate further or forward the information
to the appropriate authorities;
1.14.11.2 If the youth program supervisor is not satisfied with the provider’s
response to an incident, the contract officer may take any appropriate
action.
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EXHIBIT C - RESPONDENT’S PROPOSED SUBCONTRACTOR(S)
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EXHIBIT D - CERTIFICATION REGARDING LOBBYING
DISCLOSURE OF LOBBYING ACTIVITIES: NOT APPLICABLE
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EXHIBIT E - ACCOUNTING CERTIFICATION STATEMENT
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EXHIBIT F - CERTIFICATION REGARDING DEBARMENT
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ARBOR EDUCATION & TRAINING DBA: EQUUS WORKFORCE SOLUTIONS, 9901 LINN STATION
RD, LOUISVILLE, KY 40222
PRICING SHEET: NIGP CODE 95221, 95295
Terms:
NO TERMS
Vendor Number:
VC0000004320
Certificates of Insurance
Required
Contract Period:
To cover the period ending June 30, 2023.