220154-RFP ST JOSEPH THE WORKER DRAFT CONTRACT.DOCX
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SERIAL # 220154-RFP CONTRACT MARICOPA COUNTY WORKFORCE EMPLOYER SERVICES INITIATIVE (ESI) 220154-RFP This contract is entered into this _1st____ day of _January___________, 2022_ by and between Maricopa County (“County”), a political subdivision of the State of Arizona, and _St. Joseph the Worker, an Arizona corporation (“Contractor”) to provide evidence-based and/or best practice workforce programs to employers or groups of employers (e.g. industry) that will result in sustained improvements in employee retention 1.0 CONTRACT TERM 1.1 This contract is for a term of six months and two years, beginning on the 1st of January, 2022 and ending the 30th of June, 2024. 2.0 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. 3.0 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. 4.0 PAYMENTS 4.1 As consideration for performance of the duties described herein, County shall pay Contractor the sum(s) stated in Exhibit A-1 – Pricing Sheet. 4.2 Payment shall be made upon the County’s receipt of a properly completed invoice. 4.3 INVOICES 4.3.1 The County will issue payment to the subrecipient on a cost-reimbursement basis for the funding provided per participant, which shall require records of expenditures SERIAL# 220154-RFP and the participants to which they were tied to and the County shall reimburse the Subrecipient on a net “0” payments standard. An invoice shall be submitted no less than every thirty days unless there were no payments made within that thirty-day period. Services are funded by CFDA 21.027. 4.3.2 The subrecipient shall separately list administrative costs. 4.3.3 The Contractor shall submit one legible copy of their detailed invoice before payment(s) will be made. Incomplete invoices will not be processed. At a minimum, the invoice must provide the following information: • Company name, address, and contact information • County bill-to name and contact information • Contract serial number • County purchase order number • Unique invoice number and date • Payment terms • Date or date range of service delivery • Description of purchase (product or services) • Total amount due 4.3.4 Problems regarding billing or invoicing shall be directed to the department as listed on the purchase order. 4.3.5 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. 4.3.6 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. 4.4 APPLICABLE TAXES 4.4.1 It is the responsibility of the Contractor to determine any and all applicable taxes and include those taxes in their proposal. The legal liability to remit the tax is on the entity conducting business in Arizona. Tax is not a determining factor in contract award. 4.4.2 The County will look at the price or offer submitted and will not deduct, add, or alter pricing based on speculation or application of any taxes, nor will the County provide Contractor any advice or guidance regarding taxes. If you have questions regarding your tax liability, seek advice from a tax professional prior to submitting your bid. You may also find information at https://www.azdor.gov/Business.aspx. 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. 4.4.3 Tax Indemnification: Contractor and all subcontractors shall pay all Federal, State, and local taxes applicable to their operation and any persons employed by the Contractor. Contractor shall, and require all subcontractors to, hold Maricopa County harmless from any responsibility for taxes, damages, and interest, if SERIAL# 220154-RFP 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). 5.0 AVAILABILITY OF FUNDS 5.1 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. 5.2 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. 6.0 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. 7.0 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. 8.0 DUTIES 8.1 The Contractor shall perform all duties stated in Exhibit B – Scope of Work, or as otherwise directed in writing by the procurement officer. 9.0 TERMS AND CONDITIONS 9.1 INDEMNIFICATION 9.1.1 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 SERIAL# 220154-RFP (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. 9.1.2 Contractor's duty to defend, indemnify, and hold harmless the County, its agents, representatives, officers, directors, officials, and employees shall arise in connection with any claim, damage, loss, or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment of, or destruction of tangible property, including loss of use resulting therefrom, caused by negligent acts, errors, omissions, or mistakes in the performance of this contract, but only to the extent caused by the negligent acts or omissions of the contractor, a subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss, or expense is caused in part by a party indemnified hereunder. 9.1.3 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. 9.1.4 The scope of this indemnification does not extend to the sole negligence of County. 10.3 INSURANCE 10.3.1 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. 10.3.2 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. 10.3.3 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. 10.3.4 Contractor’s insurance shall be primary insurance as respects County, and any insurance or self-insurance maintained by County shall not contribute to it. 10.3.5 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. 10.3.6 The insurance policies may provide coverage that contains deductibles or self- insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to County under such policies. Contractor shall be solely responsible for the deductible and/or self-insured retention and County, at its option, may require Contractor to secure payment of such deductibles or self-insured retentions by a surety bond or an irrevocable and unconditional letter of credit. SERIAL# 220154-RFP 10.3.7 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. 10.3.8 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. 10.3.9 If available, the insurance policies required by this contract may be combined with Commercial Umbrella Insurance policies to meet the minimum limit requirements. If a Commercial Umbrella insurance policy is utilized to meet insurance requirements, the Certificate of Insurance shall indicate which lines the Commercial Umbrella Insurance covers. 10.3.9.1 Commercial General Liability Commercial General Liability (CGL) insurance and, if necessary, Commercial Umbrella insurance with a limit of not less than $1,000,000 for each occurrence and $2,000,000 General Aggregate Limit. The policy shall include coverage for premises liability, bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage, and shall not contain any provisions which would serve to limit third party action over claims. There shall be no endorsement or modifications of the CGL limiting the scope of coverage for liability arising from explosion, collapse, or underground property damage. 10.3.9.2 Automobile Liability Commercial/Business Automobile Liability insurance with a combined single limit for bodily injury and property damage of not less than $1,000,000 each occurrence with respect to any of the Contractor’s owned, hired, and non-owned vehicles assigned to or used in performance of the Contractor’s work or services or use or maintenance of the premises under this contract. 10.3.9.3 Workers’ Compensation 10.3.9.3.1 Workers’ compensation insurance to cover obligations imposed by Federal and State statutes having jurisdiction of Contractor’s employees engaged in the performance of the work or services under this contract; and Employer’s Liability insurance of not less than $1,000,000 for each accident, $1,000,000 disease for each employee, and $1,000,000 disease policy limit. 10.3.9.3.2 Contractor, its subcontractors, and sub-subcontractors waive all rights against this contract and its agents, officers, directors, and employees for recovery of damages to the extent these damages are covered by the workers’ compensation and Employer’s Liability or Commercial Umbrella Liability insurance obtained by Contractor, its subcontractors, and its sub-subcontractors pursuant to this contract. 10.3.9.4 Professional Liability Insurance SERIAL# 220154-RFP Contractor shall maintain Professional Liability insurance which will provide coverage for any and all acts arising out of the work or services performed by the contractor under the terms of this contract, with a limit of not less than $1,000,000 for each claim, and $2,000,000 aggregate claims. 10.3.10 Certificates of Insurance 10.3.10.1 Prior to contract award, Contractor shall furnish the County with valid and complete Certificates of Insurance, or formal endorsements as required by the contract in the form provided by the County, issued by Contractor’s insurer(s), as evidence that policies providing the required coverage, conditions and limits required by this contract are in full force and effect. Such certificates shall identify this contract number and title. 10.3.10.2 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. 10.3.10.3 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. 10.3.10.4 Certificates of Insurance shall identify Maricopa County as the additional insured/certificate holder as follows: Maricopa County c/o Risk Management 301 W Jefferson St, Suite 910 Phoenix, AZ 85003 10.3.11 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. 10.4 FORCE MAJEURE 10.4.1 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. SERIAL# 220154-RFP 10.4.2 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. 10.4.3 The party asserting Force Majeure as a cause for non-performance shall have the burden of proving that reasonable steps were taken to minimize delay or damages caused by foreseeable events, that all non-excused obligations were substantially fulfilled, and that the other party was timely notified of the likelihood or actual occurrence which would justify such an assertion, so that other prudent precautions could be contemplated. 10.5 ORDERING AUTHORITY Any request for purchase shall be accompanied by a valid purchase order issued by a County department or directed by a Certified Agency Procurement Aid (CAPA) with a purchase card for payment. 10.6 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. 10.7 PURCHASE ORDERS 10.7.1 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. 10.7.2 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. 10.8 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. 10.9 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. 10.10 STOP WORK ORDER SERIAL# 220154-RFP 10.10.1 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 10.11 TERMINATION FOR CONVENIENCE Maricopa County may terminate the resultant contract for convenience by providing 60 calendar days advance notice to the Contractor. 10.12 TERMINATION FOR DEFAULT 10.12.1 The County may, by written Notice of Default to the Contractor, terminate this contract in whole or in part if the Contractor fails to: 10.12.1.1 deliver the supplies or to perform the services within the time specified in this contract or any extension; 10.12.1.2 make progress, so as to endanger performance of this contract; or 10.12.1.3 perform any of the other provisions of this contract. 10.12.2 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. 10.13 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. 10.14 EMPLOYEE MANAGEMENT 10.14.1 Contractor shall endeavor to maintain the personnel proposed in their proposal throughout the performance of this contract. 10.14.2 If Contractor personnel’s employment status changes, Contractor shall provide County a list of proposed replacements with equivalent or greater experience. 10.14.3 Under no circumstances shall the implementation schedule to be impacted by a personnel change on the part of the Contractor. SERIAL# 220154-RFP 10.14.4 Contractor shall not reassign any key personnel identified in their proposal without the express consent of the County. 10.14.5 County reserves the right to immediately remove from its premises any Contractor personnel it determines to be a risk to County operations. 10.14.6 County reserves the right to request the replacement of any Contractor personnel at any time, for any reason. 10.15 INSPECTION OF SERVICES 10.15.1 The Contractor shall provide and maintain an inspection system acceptable to County covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to County during contract performance and for as long afterwards as the contract requires. 10.15.2 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. 10.15.3 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: 10.15.3.1 require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and 10.15.3.2 reduce the contract price to reflect the reduced value of the services performed. 10.15.4 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: 10.15.4.1 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 10.15.4.2 terminate the contract for default. 10.16 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. 10.17 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 SERIAL# 220154-RFP 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. 10.18 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. 10.19 SUBCONTRACTING 10.19.1 The Contractor may not assign to another Contractor or subcontract to another party for performance of the terms and conditions hereof without the written consent of the County. All correspondence authorizing subcontracting must reference the bid serial number and identify the job or project. 10.19.2 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. 10.20 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. 10.21 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. 10.22 RIGHTS IN DATA 10.22.1 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. 10.22.2 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. 10.23 ACCESS TO AND RETENTION OF RECORDS FOR THE PURPOSE OF AUDIT AND/OR OTHER REVIEW 10.23.1 In accordance with Section MC1-374 of the Maricopa County Procurement Code, the Contractor agrees to retain (physical or digital copies of) all books, records, accounts, statements, reports, files, and other records and back-up documentation SERIAL# 220154-RFP 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. 10.23.2 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. 10.24 AUDIT DISALLOWANCES If at any time it is determined by the County that a cost for which payment has been made is a disallowed cost, the County shall notify the Contractor in writing of the disallowance. The course of action to address the disallowance shall be at sole discretion of the County, and may include either an adjustment to future invoices, request for credit, request for a check, or a deduction from current invoices submitted by the Contractor equal to the amount of the disallowance, or to require reimbursement forthwith of the disallowed amount by the Contractor by issuing a check payable to Maricopa County. 10.25 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. 10.26 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. 10.27 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. 10.28 RELATIONSHIPS 10.28.1 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. 10.28.2 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. 10.29 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, SERIAL# 220154-RFP creed, color, religion, sex, disability, or national origin. (Arizona Executive Order 2009-09 can be downloaded from the Arizona Memory Project at http://azmemory.azlibrary.gov/cdm/singleitem/collection/execorders/id/680/rec/1.) 10.30 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. 10.31 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION 10.31.1 The undersigned (authorized official signing on behalf of the Contractor) certifies to the best of his or her knowledge and belief that the Contractor, its current officers, and directors: 10.31.1.1 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; 10.31.1.2 have not within a three-year period preceding this contract: 10.31.1.2.1 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 10.31.1.2.2 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; 10.31.1.3 are not presently indicted or criminally charged by a government entity (Federal, State or local) with commission of any criminal offenses in connection with obtaining, attempting to obtain, or as the result of performing a government entity public (Federal, State or local) transaction or contract; 10.31.1.4 are not presently facing any civil charges from any governmental entity regarding obtaining, attempting to obtain, or from performing any governmental entity contract or other transaction; and 10.31.1.5 have not within a three-year period preceding this contract had any public transaction (Federal, State or local) terminated for cause or default. 10.31.2 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. 10.31.3 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. SERIAL# 220154-RFP 10.32 VERIFICATION REGARDING COMPLIANCE WITH A.R.S. § 41-4401 AND FEDERAL IMMIGRATION LAWS AND REGULATIONS 10.32.1 By entering into the contract, the Contractor warrants compliance with the Immigration and Nationality Act (INA using E-Verify) and all other Federal immigration laws and regulations related to the immigration status of its employees and A.R.S. § 23-214(A). The Contractor shall obtain statements from its subcontractors certifying compliance and shall furnish the statements to the procurement officer upon request. These warranties shall remain in effect through the term of the contract. The Contractor and its subcontractors shall also maintain Employment Eligibility Verification forms (I-9) as required by the Immigration Reform and Control Act of 1986, as amended from time to time, for all employees performing work under the contract and verify employee compliance using the E-Verify system and shall keep a record of the verification for the duration of the employee’s employment or at least three years, whichever is longer. I-9 forms are available for download at www.uscis.gov. 10.32.2 The County retains the legal right to inspect documents of Contractor and subcontractor employees performing work under this contract to verify compliance with paragraph 10.33.1 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. 10.33 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS 10.33.1 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. 10.33.2 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. 10.33.3 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). 10.34 CONTRACTOR LICENSE REQUIREMENT 10.34.1 The Contractor shall procure all permits, insurance, and licenses, and pay the charges and fees necessary and incidental to the lawful conduct of his/her business, and as necessary complete any requirements, by any and all governmental or non-governmental entities as mandated to maintain compliance with and remain in good standing. The Contractor shall keep fully informed of existing and future trade or industry requirements, and Federal, State, and local laws, ordinances, and regulations which in any manner affect the fulfillment of a contract and shall comply with the same. Contractor shall immediately notify both Office of Procurement Services and the department of any and all changes concerning permits, insurance, or licenses. SERIAL# 220154-RFP 10.35 INFLUENCE 10.35.1 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. 10.35.2 An attempt to influence includes, but is not limited to: 10.35.2.1 A person offering or providing a gratuity, gift, tip, present, donation, money, entertainment or educational passes or tickets, or any type of valuable contribution or subsidy that is offered or given with the intent to influence a decision, obtain a contract, garner favorable treatment, or gain favorable consideration of any kind. 10.35.3 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. 10.36 CONFIDENTIAL INFORMATION 10.36.1 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. 10.36.2 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. 10.36.3 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. 11.43 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. 11.44 INTEGRATION SERIAL# 220154-RFP 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. 11.45 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. 11.46 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. 11.47 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. 11.4811.47 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. 11.4911.48 INCORPORATION OF DOCUMENTS 11.49.1 The following are to be attached to and made part of this Contract: 11.49.1.1 Exhibit A – Vendor Information 11.49.1.2 Exhibit A-1 Fee Schedule 11.49.1.3 Exhibit B – Scope of Work 11.5011.49 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 Contractor: 11.5111.50 INQUIRIES 11.51.1 Administrative telephone/email inquiries shall be addressed to: IRMA GUZMAN, PROCUREMENT OFFICER SERIAL# 220154-RFP TELEPHONE: (602) 506-8715 Irma.guzman@maricopa.gov 11.51.2 Inquiries may be submitted by telephone but must be followed up in writing. No oral communication is binding on Maricopa County. SERIAL# 220154-RFP IN WITNESS WHEREOF, this contract is executed on the date set forth above. CONTRACTOR AUTHORIZED SIGNATURE PRINTED NAME AND TITLE ADDRESS DATE MARICOPA COUNTY CHAIRMAN, BOARD OF SUPERVISORS DATE ATTESTED: CLERK OF THE BOARD DATE APPROVED AS TO FORM: DEPUTY COUNTY ATTORNEY DATE SERIAL# 220154-RFP Exhibit A Vendor Information SERIAL# 220154-RFP Exhibit A-1 Fee Schedule CONTRACT SERVICE: CONTRACT PERIOD: January 1, 2022 to July 31, 2024 NAME: St. Joseph the Worker A. PERSONNEL TOTAL Number of FTE Total Salary for the % Allocated Service SERVICE COUNTY Positions Level Position Title Contract Period MCHSD Percentage COST COST 1 1 StepUp Program Support 122,998.48 $ 55% $122,998.48 $67,649.16 3 1 Full time SJW Employment Specialists 794,439.00 $ 55% $794,439.00 $436,941.45 $0.00 $0.00 $0.00 $0.00 $0.00 3 TOTAL: $917,437.48 $504,591.00 B. FRINGE BENEFITS TOTAL COUNTY ITEM BASIS % Allocated Service COST COST Fringe Benefits for 4 Staff Health Insurance, Taxes, Workers Comp. 55% $174,313.12 $95,872.22 $174,313.12 $95,872.22 C. INDIRECT / ADMINISTRATIVE COSTS TOTAL COUNTY ITEM BASIS % Allocated Service COST COST 10% of Admin Salary, Data, Accounting 55% Administrative Assistant Annual Salary $43,000 x 2.7 years = $116,100 x 10% = $11,610 55% $11,610.00 $6,385.50 Accounting Specialist Annual Salary $45,000 x 2.7 years = $121,500 x 10% = $12,150 55% $12,150.00 $6,682.50 Contract and Office Manager Annual Salary $43,000 x 2.7 years = $116,100 x 10% = $11,610 55% $11,610.00 $6,385.50 TOTAL: $23,760.00 $19,453.50 D. TRAVEL TOTAL COUNTY ITEM BASIS COST COST TOTAL: $0.00 $0.00 E. EQUIPMENT TOTAL COUNTY ITEM BASIS COST COST TOTAL: $0.00 $0.00 F. SUPPLIES TOTAL COUNTY ITEM BASIS % Allocated Service COST COST $0 $0 $0 $0 $0 $0.00 $0.00 TOTAL: $0.00 $0.00 G. CONTRACTUAL TOTAL COUNTY ITEM TITLE BASIS % Allocated Service COST COST TRAINING SERVICES RAPID WORKER TRAINING TRAINING SERVICES NAVIGATION SERVICES TRAINING SERVICES OTHER WORKFORCE SERVICES SUPPORT SERVICES SUPPORT SERVICES StepUp Program Developer 55% $217,930.00 $119,861.50 TOTAL: $217,930.00 $119,861.50 H. OPERATING EXPENSES TOTAL COUNTY ITEM BASIS % Allocated Service COST COST Rent Main Office HSC Facility rent cost $1,500/ per month (3,300 sq. ft.) x 31 months 55% $46,500.00 $25,575.00 Rep & Maintenance Main Office RHC $750/ per month x 31 months 55% $23,250.00 $12,787.50 Rent Office 19 Ave. Facility rent cost $2,190.22/ per month (1,702 sq. ft.) x 31 months 55% $67,896.82 $37,343.25 Utilities Office 19 Ave. $600/ per month x 31 months 55% $18,600.00 $10,230.00 Rent Office East Valley Facility rent cost $2,056.74/ per month (2,279 sq. ft. x $10.56/sqt+sales tax) x 31 months 55% $63,758.94 $35,067.42 Utilities Office East Valley $800/ per month x 31 months 55% $24,800.00 $13,640.00 Rent South Phoenix Office Facility rent cost $1,046.73 / per month (710 sq. ft.) x 31 months 55% $32,448.63 $17,846.75 Utilities South Phoenix Office $600/ per month x 31 months 55% $18,600.00 $10,230.00 Rent Step-Up office Facility rent cost $2,056.74/ per month (2,279 sq. ft. x $10.56/sqt+sales tax) x 31 months 55% $63,758.94 $35,067.42 Utilities Step-Up office $800/ per month x 31 months 55% $24,800.00 $13,640.00 TOTAL: $384,413.33 $211,427.33 I. PROFIT PROFIT COST: TOTAL SERVICE COST: $951,205.55 SERIAL# 220154-RFP Exhibit B Scope of Work St. Joseph the Worker - ELEMENT 4: OTHER WORKFORCE SERVICES SJW’s executive summary of the proposed activity/element including a justification of selecting this service element instead of other service elements. SERIAL# 220154-RFP In 1988, the André House soup kitchen and ministry created St. Joseph the Worker (SJW) in response to pleas from homeless individuals yearning to become self-sufficient through work: “We want jobs, but we don’t have the tools.” Since SJW’s humble beginnings over thirty (30) years ago, the sole purpose and mission has remained: to assist homeless, low-income, and other disadvantaged individuals in their efforts to become self-sufficient through quality employment. Since March 2020, this includes those who find themselves in financial crisis, major career transitions and those who are disproportionately affected by the Covid-19 pandemic (who are unfortunately the same population that SJW has always served, as shown by the dramatic increase in point-in-time counts (129% in the East Valley and 219% in the West Valley, MAG), unemployment claims reaching record highs (azeconomy.org), and the eviction crisis in Arizona even before the pandemic)). Throughout the three (3) decades since SJW’s inception, one fact has remained the same despite Maricopa County’s ever-changing labor market and employment landscape: SJW’s clients need work and a steady paycheck first, then they need training and development. While this may be contrary to popular practice, without having a job and steady paycheck first, SJW has found that SJW’s clients experiencing crisis do not benefit from training, classes, or other teachings either from SJW or the employer because they are in survival mode, meaning they do not have the psychological capacity and if they cannot directly apply the teachings to their lives now, it’s rendered unnecessary (further verified by the popular psychology of human motivation, Maslow’s Hierarchy of Needs, outlining human behavior by human needs and describing physiological needs, e.g. air, food, water, shelter, as the basis of all human motivation). While SJW understands this and uses it as a best practice to support clients into quality employment, the employers who hire SJW’s clients did not. SJW, being inherently collaborative due to the focused nature of the mission, knew that to truly support clients in their careers that lead to self-sufficiency, SJW would need to truly collaborate with the employers providing these opportunities. As mentioned, while the above best practice has remained true for SJW clients throughout the decades, the labor market and employment landscape are ever-changing. As with the entirety of Maricopa County, SJW has found that employers are more flexible in their hiring practices now than in recent history due to the labor shortage and “Great Resignation” era (the recent trend of employees voluntarily leaving their jobs, regardless of position), allowing SJW to open doors for worthy homeless, low-income, disadvantaged, and justice-involved clients who never had a chance of working in in-demand, quality careers like finance, insurance, and administration until now. SJW has found that employers, trying desperately to pivot with the times and fill open positions with employees who will stay with them, are allowing people that they would not have considered hiring before to enter their businesses on career paths rather than high-turnover positions, increasing employee retention and boosting the economy while decreasing the poverty rates in Maricopa County. Taking full advantage of the above unintended positive consequence of the pandemic, SJW innovated during Covid-19, closing the knowledge gap between SJW’s demographic of clients and the employers who are willing to hire them through SJW’s employer program, Step-Up, and SJW’s client outreach services. Step-Up is a job placement, career pathways, and retention service for quality employers, or Preferred Business Partners, who are willing to hire and be trained on how to retain low-income, disadvantaged, and justice-involved clients, and those who have been disproportionately affected by Covid-19 in both in- demand industries and non-in-demand industries, and through this service decrease the overall recidivism rate and impoverished and homeless population in Maricopa County. Step-Up’s singular goal is to increase employee retention for SJW’s partner employers, or Preferred Business Partners, through training provided to the employer rather than to the client, setting them both up for long-term success and retention. SJW’s sixteen (16) Preferred Business Partners as of November 2021 currently include employers in the following industries: trades, construction, customer service, social services and healthcare, warehousing, administration and waste, food service, hospitality, trades, manufacturing, information technology, and finance and insurance. As of November 2021, all Preferred Business Partners accept justice-involved SERIAL# 220154-RFP clients except for one. And as of October 2021, SJW is the lead organization with JP Morgan Chase (who identified and chose to partner with SJW) on their second chance recruitment program that has shown success in Columbus, Ohio. SJW’s client outreach services exist to prevent homelessness and poverty in the first place by connecting unemployed, underemployed, and impoverished clients to career paths that help them escape crisis and move into self-sufficiency through employment. Since beginning outreach services in 2014, SJW’s client outreach services have come to serve and employ the majority of SJW clients, given they are not homeless and have a simpler time gaining and maintaining quality employment. To demonstrate, since May 2021 SJW has served over two thousand five hundred (2,500) clients into employment, and of the total, almost two thousand two hundred (2,200) were served through client outreach services. Given the service trends described were consistent since 2016, in 2019 SJW opened SJW 5800 (located at 5800 N 19th Avenue in Phoenix), the first independent SJW location which allows clients to easily access SJW’s services by walking through a door directly to an SJW location, rather than having to go through another organization first (a client-cited barrier to SJW’s services, and therefore employment). In 2020, SJW opened the second independent location in Mesa, serving the vast need in the East Valley. SJW’s client outreach services reach clients who are on the verge of poverty, underemployed, or unemployed, setting them up on career paths through SJW’s Step-Up before they can fall into deeper poverty and risk homelessness. It is with Step-Up and SJW’s client outreach services that SJW has chosen “Other Workforce Initiatives” because SJW is proposing training the employer, rather than training the client. SJW trains employers on its best practices and first and foremost provides employers with services that help them gain quality employees through the thousands of SJW’s clients served each year to fill their open positions and keep their businesses operating. Then, with SJW’s support of both the employer and client, employers can provide career-specific workforce development themselves while clients are on the job, in the culture, earning a paycheck, and moving towards self-sufficiency, making it fully applicable to clients' lives. This practice allows employers to gain the employees they need, learn about the population, and train them the way they want to train them for their business-specific jobs and allows clients the mental capacity to learn and apply what they are taught while they are earning a steady paycheck and being supported by SJW as well as the employer into self-sufficiency. Since Step-Ups inception, 40% of the permanent hires made through the program are still employed at a Preferred Business Partner and many of them have already advanced in the business, meaning they have advanced into self-sufficiency, living out the mission of SJW. SJW’s breakdown of the costs associated with the program (aligned with the proposed budget). St. Joseph the Worker is proposing partial funds for SJW’s contracted Step-Up program manager and full- time program support professional. 100% of their time is devoted to the Step-Up program. St. Joseph the Worker is also proposing partial funds for three (3) full-time Employment Specialists who prepare clients for work through one-on-one coaching and case management, internal referrals to Step-Up, provision of barrier-breaking resources (e.g., transportation, tools, certifications, clothing), and client retention case management in partnership with Step-Up. SJW, being a quality employment-focused organization, practices what it preaches and provides employees with exceptional benefits at almost no cost to the employee. SJW is requesting support of part of fringe benefits for the four (4) employees who are full-time (program support, three (3) Employment Specialists). SJW cannot function to capacity without indirect/administrative support. SJW requests 10% of partial salaries for SJW’s administrative team to ensure proper and accurate quarterly reporting and accounting. SERIAL# 220154-RFP And finally, SJW cannot serve clients to the best of SJW’s abilities without being able to serve the clients in person due to clients lacking computers and internet. SJW’s locations did not close during Covid-19, ensuring clients had the resources they needed to avoid poverty, homelessness, or worse. SJW’s locations provide internet, computers, printers, mailing addresses, clothing, transportation resources, a transitional housing option, and any other resource needed by SJW clients to break their barriers to employment. SJW’s locations are also where onboarding takes place for Preferred Business Partners positions. SJW requests partial funds for the SJW locations on the Human Services Campus, Central Phoenix (5800 N 19th Ave), East Valley, South Phoenix, and the Step-Up office (to be located at partner organization Native American Connections). Description of how the program provides services equitably. St. Joseph the Worker serves anyone with a willingness to work their way out of their current circumstances and does not discriminate based on age, race, ethnicity, background, or any other area. All SJW locations are ADA compliant and client computers have the option of American Sign Language (ASL) services. While SJW serves anyone, SJW also acknowledges the disproportionate number of services to people of color, in particular men of color, as compared to Arizona’s demographics (SJW serves over 50% persons of color, who make up approximately 30% of the Arizona population, and SJW serves approximately 70% men). Consistent with the values upon which SJW was founded over thirty (30) years ago, and upon which SJW has grown and built enduring success serving the homeless, disadvantaged, and impoverished/underemployed community, SJW strives every day to empower every client, connecting them to career opportunities that will aid them in overcoming the many challenges they face, both economically and culturally. SJW provides services that are equitable to clients, rather than equal. No client follows the exact same path, and SJW ensures that each client receives individualized attention, coaching, resources, and support they need and deserve as an individual. SJW intentionally employs program staff who have lived experience and who reflect the client population culturally. SJW acknowledges that the pathways out of poverty and homelessness are as unique as the individuals experiencing them and provides equitable workforce services that reflect this belief and best practice. Description of how the service leads to employee retention in in-demand industries. At the intersection of Maricopa County employers desperately needing to gain and retain employees and offering more flexible hiring practices, and the impoverished/unemployed/underemployed and disproportionately affected populations that SJW serves desperately needing career paths to move them out of crisis and into self-sufficiency, SJW innovated within the workforce development space with open- minded employers, allowing them to gain and retain talent through SJW’s innovative Step-Up program. Step-Up is an alternative and innovative option for qualified employers to fill their staffing needs with SJW clients while providing value-added services such as pre-screening, drug testing, proper onboarding, retention services, and temporary-to-permanent options that reduce the employers' risk of hiring the clients outright and allow them time to learn about the demographic through the now six thousand (6,000) clients SJW serves per year. Step-Up allows businesses to fill their open positions with clients seeking careers and at the same time do good by employing the impoverished and disadvantaged communities into careers and self-sufficiency. SJW’s client outreach services team provides internal referrals to Step-Up through dedicated SJW Employment Specialists who identify clients who are interested in and fit the needs of career opportunities through Step-Up’s Preferred Business Partners. SJW Employment Specialists not only refer clients to Step- Up, but they prepare the client fully before being referred through one-on-one coaching and intensive workforce development case management as well as the provision of any manner of barrier-breaking resources (such as internet/computers/mailing address, resume development, application support, SERIAL# 220154-RFP interview practice, appropriate interview and career clothing, certifications/licenses, transportation resources, housing through SJW’s Workforce Villages, and more). Once the client has been referred to Step-Up, SJW Employment Specialists continue to hold the relationship with the client in partnership with Step-Up, further ensuring retention of the client by SJW and the future employer as the client moves through their career journey. SJW’s Step-Up service and client outreach services deliver the SJW mission and lead to employee retention in in-demand industries and non-in-demand industries by: 1. Partnering with Preferred Business Partners who are willing to hire SJW’s clients and provide quality employment. SJW defines ‘quality employment’ as opportunities that provide livable wages (base of $17 per hour), career and advancement opportunities, benefits, and strong work culture. SJW and the employer have better chances at retaining clients who are moving out of crisis when they provide quality employment and basic career needs “out of the gate”, or directly upon hiring clients, instead of offering sub-par opportunities that result in high turnover and a feeling of defeat for SJW’s clients, leading to non-retention for employers and difficulties for SJW to retain the client and support them into a better opportunity. Due to SJW working exclusively with employers who provide these types of opportunities and understand this mindset, each employer is thoroughly vetted by SJW to ensure this practice is in place. Throughout the vetting process, SJW seeks to better understand the employer as a quality employer, the roles and careers available, how the employer provides career advancement, and how they provide a strong work culture to determine how best to incorporate this into the onboarding provided in part two. The vetting process can take anywhere from weeks to months, depending on the employer and the complexity of the jobs. 2. Allowing Preferred Business Partners to agree to temporary-to-permanent contracts and to assistance from SJW in collaborative onboarding practices to allow the employers to not take on as much risk as hiring SJW’s clients outright. By allowing SJW to onboard the client using SJW’s best practices in working with this clientele overlapped with employers’ best practices in their businesses (discovered in part one), clients are not only set up for success in their career path but are also set up for success as someone coming out of a crisis. SJW’s dedicated Employment Specialists remain involved during this time, ensuring any additional resources or coaching needed by the client can be provided promptly. These contracts will allow SJW’s Step- Up program to be financially self-sustaining in the coming years as the program is built to capacity. 3. Working collaboratively to ensure retention (and success) for both client and employer. By partnering with SJW on retention practices for SJW’s demographic of clients, the employer allows the client to be supported as an employee by the employer and supported as someone coming out of a crisis by SJW. As clients move through their careers with Preferred Business Partners, regular meetings and communication with the employers by SJW Employment Specialists and Step-Up allow better case management and support of the client in retaining their position as well as retaining their relationship with SJW. Without SJW’s over thirty (30) years of experience working with the homeless, low-income, underemployed, and now disproportionately affected population seeking work and helping them navigate the seemingly insurmountable challenges they face, employers employing SJW clients to fill their open positions would fail at gaining and retaining them. SJW’s best practices for serving clients coming out of crisis include; - Ensuring other collaborative services clients need that SJW does not provide are accounted for, coordinated, and discussed upon intake of the client and throughout their journey. For example, if the client is in recovery, SJW Employment Specialists ensure the sober house or facility where the client lives are informed of SJW’s service to the client, or, if the client is coming out of prison, ensuring the client’s parole or probation officer is informed of SJW’s service to the client, SERIAL# 220154-RFP or, if the client is living in a shelter, that their case manager is informed of SJW’s service to the client. It is with this best practice that SJW actively collaborates with over ninety (90) other community organizations and government entities. - Providing equitable services to the client as a unique person. As mentioned above, each of SJW’s clients is experiencing a crisis, but they all are experiencing it differently and need a different recipe of resources and coaching to allow them to see the light of self-sufficiency through employment. It is with this best practice that SJW does not prescribe mass training or workshops to clients but rather ensures that Employment Specialists are given the flexibility and empowerment to serve each client in the way that he, she, or they need to move them out of crisis through work. - Remaining mission-centric and serving clients who want to work now to get them out of crisis and into self-sufficiency. SJW serves thousands of clients per year with employment services because the unpleasant truth is that it takes thousands of clients to determine which of them have truly addressed outstanding issues and are ready for a career to move them into self- sufficiency. If clients are found to not be fully ready for a career, they are referred to one of SJW’s over ninety (90) community partners to address any issues before being able to concentrate fully on a job, otherwise SJW sets them up for failure. SJW Employment Specialists practice long-term relationships with as many clients and partnering organizations as they can to remain in contact with and further ensure success and self-sufficiency through employment (and referrals to other organizations). As prices in Phoenix soar, in particular, with transportation and housing costing ten (10) to forty-eight (48) percent more than in fall 2020 (Bureau of Labor Statistics) and a projected 5.5% increase in jobs come to Maricopa County in 2022 (AZcommerce.com), SJW strategically plans to lean into Step-Up and the internal collaboration with client outreach services to maintain the 40% retention rate it has seen and allow clients to gain self-sufficiency through the unparalleled support of SJW and the careers to which it has access. SJW’s strategic plan for Step-Up for the current fiscal year 2021/2022 (July to June) has already met the employer goal as of November 2021, just four (4) months into the fiscal year, proving the service SJW offers to employers is valuable and needed, and ignites confidence in SJW that employers want to hire and retain SJW’s clients. As SJW’s Preferred Business Partners grows and more and more clients are placed in careers, SJW’s Step-Up will become financially self-sustaining as the program is built to capacity. Detailed description of how outcomes from this service will be tracked. SJW’s Step Up program and client outreach services tracks the following outcomes: 1. Number of quality employers which are contracted for career placement and retention; 2. Number of clients who gain quality employment through Preferred Business Partners; 3. Number of clients who gain permanent employment, along with wage and benefits; 4. How many clients retain employment (for more than twelve (12) months) SJW tracks all data and outcomes through SJW’s robust client relationship system, Salesforce, and the Homeless Management Information System (HMIS). Employment Specialists and Step-Up program staff alike are trained on HMIS and Salesforce so SJW can provide timely and accurate reports to contracted entities and grantors. Documentation showing how this program has been successfully implemented in the past or in different locations. Historically, SJW has only tracked 1) how many clients gain employment, 2) their wage, and 3) if benefits are offered. Retention services for these clients proved nearly impossible while SJW was only serving the already-homeless population (non-outreach services provided at the Human Services Campus until 2014), one that is extremely mobile and cannot be relied upon for consistent communication, given their life SERIAL# 220154-RFP circumstances. While SJW acknowledged that the reason there are usually 45 to 50% more clients served than employed is because of the mobile nature of the population, SJW could never quite address the retention issue internally until recently. As SJW worked closer and closer with quality employers in Maricopa County, building relationships with what is now known as Preferred Business Partners, SJW identified an opportunity to not only gain and retain employees for employers but retain clients for SJW as they move their way into self-sufficiency. SJW’s Preferred Business Partners close the SJW retention loop, allowing SJW Employment Specialists to keep in contact with clients so they can be better served as they navigated their careers while at the same time escaping crisis and moving into self-sufficiency, a major feat. What previously was a barrier to maintaining a relationship with clients for SJW Employment Specialists is now not only an opportunity to employ them in quality, in-demand careers but to keep in better contact with them via the Preferred Business Partnerships and Step-Up. Since Step-Up's inception in 2019, 40% of the permanent hires made through the program are still employed at a Preferred Business Partner and many of them have already advanced in the business and keep in regular contact with SJW, or even actively recruit from SJW. As SJW builds its internal client relationship tool, Salesforce, to capacity, better client retention data will result (SJW adopted Salesforce in 2019 and focused first on active and near-future reporting needs, and is now moving into phase two which will elevate the system even further). SJW’s Proposed Performance Measures: 1. Number of persons provided Other Workforce Services. 400 2. Amount of monies spent per person on Other Workforce Services. $2,378 3. Number of persons who were retained within a company/organization through Other Workforce Services. 250