200197 CONTRACT - DELTA-T GROUP PHOENIX.PDF
Extracted text (via pymupdf)
57359 characters
SERIAL 200197-RFP
THIRD-PARTY PROVIDER FOR SUBSTITUTE TEACHERS AND
TEACHER ASSISTANTS FOR THE HEAD START PROGRAM
Contract - Delta T Group Phoenix, Inc.
DATE OF LAST REVISION: June 24, 2020
CONTRACT END DATE: June 30, 2023.
CONTRACT PERIOD THROUGH JUNE 30, 2023
TO:
All Departments
FROM:
Office of Procurement Services
SUBJECT:
Contract for THIRD-PARTY PROVIDER FOR SUBSTITUTE TEACHERS AND
TEACHER ASSISTANTS FOR THE HEAD START PROGRAM
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 June 24, 2020
(Eff. 07/01/20).
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 14101-RFP from your contract notebooks)
CONTRACT THIRD-PARTY PROVIDER FOR SUBSTITUTE TEACHERS AND
TEACHER ASSISTANTS FOR THE HEAD START PROGRAM 200197-RFP
This contract is entered into this 24th day of June 2020 by and between Maricopa County (“County”), a
political subdivision of the State of Arizona, and Delta-T Group Phoenix, Inc. an Arizona corporation
(“Contractor”) for the purchase of employ substitute teachers and teacher assistants (ST/TA).
1.0
CONTRACT TERM
1.1
This contract is for a term of three years, beginning on the 1st day of July 2020 and ending
the 30th day 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 two 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.
3.0
CONTRACT COMPLETION
In preparation for contract completion, the Contractor shall make all reasonable efforts for an
orderly transition of its duties and responsibilities to another provider and/or to the County. This
may include, but is not limited to, preparation of a transition plan and cooperation with the County
or other providers in the transition. The transition includes the transfer of all records and other data
in the possession, custody, or control of the Contractor that are required to be provided to the
County either by the terms of this agreement or as a matter of law. The provisions of this clause
shall survive the expiration or termination of this agreement.
4.0
PRICE ADJUSTMENTS
Any requests for reasonable price adjustments must be submitted 60 calendar days prior to
contract expiration. Requests for adjustment in cost of labor and/or materials must be supported
by appropriate documentation. The reasonableness of the request will be determined by comparing
the request with the Consumer Price Index or by performing a market survey. If County agrees to
the adjusted price terms, County shall issue written approval of the change and provide an updated
version of the contract. The new change shall not be in effect until the date stipulated on the
updated version of the contract.
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 – Pricing Sheet.
5.2
Payment shall be made upon the County’s receipt of a properly completed invoice.
SERIAL 200197-RFP
5.3
INVOICES
5.3.1
The Contractor shall submit one legible copy of their detailed invoice before
payment(s) will be made. Incomplete invoices will not be processed. At a
minimum, the invoice must provide the following information:
•
Company name, address, and contact information
•
County bill-to name and contact information
•
Contract serial number
•
County purchase order number
•
Project name and/or number
•
Invoice number and date
•
Payment terms
•
Date of service or delivery
•
Quantity
•
Contract item number(s)
•
Arrival and completion time
•
Description of purchase (product or services)
•
Pricing per unit of purchase
•
Extended price
•
Freight (if applicable)
•
Mileage with rate (if applicable)
•
Total amount due
5.3.2
Problems regarding billing or invoicing shall be directed to the department as listed
on the purchase order.
5.3.3
Payment shall only be made to the Contractor by Accounts Payable through the
Maricopa County Vendor Express Payment Program. This is an electronic funds
transfer (EFT) process. After contract award, the Contractor shall complete the
Vendor Registration Form accessible from the County Department of Finance
Vendor
Registration
Web
Site
https://www.maricopa.gov/5169/Vendor-
Information.
5.3.4
Discounts offered in the contract shall be calculated based on the date a properly
completed invoice is received by the County.
5.3.5
EFT payments to the routing and account numbers designated by the Contractor
shall include the details on the specific invoices that the payment covers. The
Contractor is required to discuss remittance delivery capabilities with their
designated financial institution for access to those details.
5.4
APPLICABLE TAXES
5.4.1
It is the responsibility of the Contractor to determine any and all applicable taxes
and include those taxes in their proposal. The legal liability to remit the tax is on
the entity conducting business in Arizona. Tax is not a determining factor in
contract award.
5.4.2
The County will look at the price or offer submitted and will not deduct, add, or alter
pricing based on speculation or application of any taxes, nor will the County
provide Contractor any advice or guidance regarding taxes. If you have questions
regarding your tax liability, seek advice from a tax professional prior to submitting
your bid. You may also find information at https://www.azdor.gov/Business.aspx.
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
SERIAL 200197-RFP
any overpayments back to the County for miscalculations on taxes included in a
bid price.
5.4.3
Tax Indemnification: Contractor and all subcontractors shall pay all Federal, State,
and local taxes applicable to their operation and any persons employed by the
Contractor. Contractor shall, and require all subcontractors to, hold Maricopa
County harmless from any responsibility for taxes, damages, and interest, if
applicable, contributions required under Federal and/or State and local laws and
regulations, and any other costs including: transaction privilege taxes,
unemployment
compensation
insurance,
Social
Security,
and
workers’
compensation. Contractor may be required to establish, to the satisfaction of
County, that any and all fees and taxes due to the City or the State of Arizona for
any license or transaction privilege taxes, use taxes, or similar excise taxes are
currently paid (except for matters under legal protest).
6.0
AVAILABILITY OF FUNDS
6.1
The provisions of this contract relating to payment for services shall become effective when
funds assigned for the purpose of compensating the Contractor as herein provided are
actually available to County for disbursement. The County shall be the sole judge and
authority in determining the availability of funds under this contract. County shall keep the
Contractor fully informed as to the availability of funds.
6.2
If any action is taken by, any State agency, Federal department, or any other agency or
instrumentality to suspend, decrease, or terminate its fiscal obligations under, or in
connection with, this contract, County may amend, suspend, decrease, or terminate its
obligations under, or in connection with, this contract. In the event of termination, County
shall be liable for payment only for services rendered prior to the effective date of the
termination, provided that such services are performed in accordance with the provisions
of this contract. County shall give written notice of the effective date of any suspension,
amendment, or termination under this section, at least 10 days in advance.
7.0
STRATEGIC ALLIANCE for VOLUME EXPENDITURES (SAVE)
The County is a member of the SAVE cooperative purchasing group. SAVE includes the State of
Arizona, many Phoenix metropolitan area municipalities, and many K-12 unified school districts.
Under the SAVE Cooperative Purchasing Agreement, and with the concurrence of the successful
respondent under this solicitation, a member of SAVE may access a contract resulting from a
solicitation issued by the County. If you do not want to grant such access to a member of SAVE,
state so in your bid. In the absence of a statement to the contrary, the County will assume that you
do 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.
SERIAL 200197-RFP
10.0
TERMS AND CONDITIONS
10.1
INDEMNIFICATION
10.1.1 To the fullest extent permitted by law, and to the extent that claims, damages,
losses, or expenses are not covered and paid by insurance purchased by the
Contractor, the Contractor shall defend, indemnify, and hold harmless the County
(as “Owner”), its agents, representatives, officers, directors, officials, and
employees from and against all claims, damages, losses, and expenses (including,
but not limited to attorneys' fees, court costs, expert witness fees, and the costs
and attorneys' fees for appellate proceedings) arising out of, or alleged to have
resulted from, the negligent acts, errors, omissions, or mistakes relating to the
performance of this contract.
10.1.2 Contractor's duty to defend, indemnify, and hold harmless the County, its agents,
representatives, officers, directors, officials, and employees shall arise in
connection with any claim, damage, loss, or expense that is attributable to bodily
injury, sickness, disease, death, or injury to, impairment of, or destruction of
tangible property, including loss of use resulting therefrom, caused by negligent
acts, errors, omissions, or mistakes in the performance of this contract, but only to
the extent caused by the negligent acts or omissions of the Contractor, a
subcontractor, anyone directly or indirectly employed by them, or anyone for
whose acts they may be liable, regardless of whether or not such claim, damage,
loss, or expense is caused in part by a party indemnified hereunder.
10.1.3 The amount and type of insurance coverage requirements set forth herein will in
no way be construed as limiting the scope of the indemnity in this section.
10.1.4 The scope of this indemnification does not extend to the sole negligence of County.
11.3
INSURANCE
11.3.1 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.
11.3.2 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.
11.3.3 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.
11.3.4 Contractor’s insurance shall be primary insurance as respects County, and any
insurance or self-insurance maintained by County shall not contribute to it.
11.3.5 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.
SERIAL 200197-RFP
11.3.6 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.
11.3.7 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.
11.3.8 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.
11.3.9 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.
11.3.9.1 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, $2,000,000 Products/Completed Operations
Aggregate, and $2,000,000 General Aggregate Limit. The policy shall
include coverage for premises liability, bodily injury, broad form property
damage, personal injury, products and completed operations and
blanket contractual coverage, and shall not contain any provisions which
would serve to limit third party action over claims. There shall be no
endorsement or modifications of the CGL limiting the scope of coverage
for liability arising from explosion, collapse, or underground property
damage.
11.3.9.2 Workers’ Compensation
11.3.9.2.1 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.
11.3.9.2.2 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.
SERIAL 200197-RFP
11.3.9.3 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.
11.4
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.
11.5
PROCUREMENT CARD ORDERING CAPABILITY
County may opt to use a procurement card (Visa or Master Card) to make payment for
orders under this contract.
11.6
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.
11.7
PURCHASE ORDERS
11.7.1 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.
11.7.2 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.
11.8
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.
11.9
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
SERIAL 200197-RFP
after the termination of the suspension, delay, or interruption, but not later than the date of
final payment under the contract.
11.10
STOP WORK ORDER
11.10.1 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:
11.10.1.1 cancel the stop work order; or
11.10.1.2 terminate the work covered by the order as provided in the Termination
for Default or the Termination for Convenience clause of this contract.
11.10.1.3 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
11.11
TERMINATION FOR CONVENIENCE
Maricopa County may terminate the resultant contract for convenience by providing 60
calendar days advance notice to the Contractor.
11.12
TERMINATION FOR DEFAULT
11.12.1 The County may, by written Notice of Default to the Contractor, terminate this
contract in whole or in part if the Contractor fails to:
11.12.1.1 deliver the supplies or to perform the services within the time specified
in this contract or any extension;
11.12.1.2 make progress, so as to endanger performance of this contract; or
11.12.1.3 perform any of the other provisions of this contract.
11.12.2 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.
11.13 ADDITIONAL INFORMATION FOR AGREEMENT
The County shall immediately terminate or cancel this contract if it is determined an ST/TA
is awaiting trial on or has been convicted of any of the offenses listed in subsections (B) or
(C) of A.R.S. § 41-1758.07 or similar offenses in another state or jurisdiction, or if the
person does not possess or is denied issuance of a valid fingerprint clearance card.
SERIAL 200197-RFP
11.14
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.
11.15
CONTRACTOR EMPLOYEE MANAGEMENT
11.15.1 Contractor shall endeavor to maintain the personnel proposed in their proposal
throughout the performance of this contract.
11.15.2 If Contractor personnel’s employment status changes, Contractor shall provide
County a list of proposed replacements with equivalent or greater experience.
11.15.3 Under no circumstances shall the implementation schedule to be impacted by a
personnel change on the part of the Contractor.
11.15.4 Contractor shall not reassign any key personnel identified in their proposal without
the express consent of the County.
11.15.5 County reserves the right to immediately remove from its premises any Contractor
personnel it determines to be a risk to County operations.
11.15.6 County reserves the right to request the replacement of any Contractor personnel
at any time, for any reason.
11.16
TRAINING
Contractor shall provide training services to train County personnel in the use of the web-
based substitute management application system. All training shall take place on-site in
Maricopa County, unless otherwise negotiated with County.
11.17
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.
11.18
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.
11.19
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.
SERIAL 200197-RFP
11.20
SUBCONTRACTING
11.20.1 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.
11.20.2 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.
11.21
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.
11.22
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.
11.23
RIGHTS IN DATA
11.23.1 The County shall have the use of data and reports resulting from a contract without
additional cost or other restriction except as may be established by law or
applicable regulation. Each party shall supply to the other party, upon request, any
available information that is relevant to a contract and to the performance
thereunder.
11.23.2 Data, records, reports, and all other information generated for the County by a third
party as the result of a contract are the property of the County and shall be provided
in a format designated by the County or shall be and remain accessible to the
County into perpetuity.
11.24
ACCESS TO AND RETENTION OF RECORDS FOR THE PURPOSE OF AUDIT AND/OR
OTHER REVIEW
11.24.1 In accordance with Section MC1-374 of the Maricopa County Procurement Code,
the Contractor agrees to retain (physical or digital copies of) all books, records,
accounts, statements, reports, files, and other records and back-up documentation
relevant to this contract for six years after final payment or until after the resolution
of any audit questions, which could be more than six years, whichever is longest.
The County, Federal or State auditors and any other persons duly authorized by
the department shall have full access to and the right to examine, copy, and make
use of, any and all said materials.
11.24.2 If the Contractor’s books, records, accounts, statements, reports, files, and other
records and back-up documentation relevant to this contract are not sufficient to
support and document that requested services were provided, the Contractor shall
reimburse Maricopa County for the services not so adequately supported and
documented.
SERIAL 200197-RFP
11.25
AUDIT DISALLOWANCES
If at any time it is determined by the County that a cost for which payment has been made
is a disallowed cost, the County shall notify the Contractor in writing of the disallowance.
The course of action to address the disallowance shall be at sole discretion of the County,
and may include either an adjustment to future invoices, request for credit, request for a
check, or a deduction from current invoices submitted by the Contractor equal to the
amount of the disallowance, or to require reimbursement forthwith of the disallowed amount
by the Contractor by issuing a check payable to Maricopa County.
11.26
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.
11.27
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.
11.28
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.
11.29
RELATIONSHIPS
11.29.1 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.
11.29.2 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.
11.30
NON-DISCRIMINATION
Contractor agrees to comply with all provisions and requirements of Arizona Executive
Order 2009-09, including flow down of all provisions and requirements to any
subcontractors. Executive Order 2009-09 supersedes Executive Order 99-4 and amends
Executive Order 75-5 and is hereby incorporated into this contract as if set forth in full
herein. During the performance of this contract, Contractor shall not discriminate against
any employee, client, or any other individual in any way because of that person’s age, race,
creed, color, religion, sex, disability, or national origin. (Arizona Executive Order 2009-09
can
be
downloaded
from
the
Arizona
Memory
Project
at
http://azmemory.azlibrary.gov/cdm/singleitem/collection/execorders/id/680/rec/1.)
11.31
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.
SERIAL 200197-RFP
11.32
CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
11.32.1 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:
11.32.1.1 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;
11.32.1.2 have not within a three-year period preceding this contract:
11.32.1.2.1 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
11.32.1.2.2 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;
11.32.1.3 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;
11.32.1.4 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
11.32.1.5 have not within a three-year period preceding this contract had any
public transaction (Federal, State or local) terminated for cause or
default.
11.32.2 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.
11.32.3 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.
11.33
VERIFICATION REGARDING COMPLIANCE WITH A.R.S. § 41-4401 AND FEDERAL
IMMIGRATION LAWS AND REGULATIONS
11.33.1 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
SERIAL 200197-RFP
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.
11.33.2 The County retains the legal right to inspect documents of Contractor and
subcontractor employees performing work under this contract to verify compliance
with paragraph 11.33.1 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.
11.34
CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO
INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS
11.34.1 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.
11.34.2 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.
11.34.3 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).
11.35
CONTRACTOR LICENSE REQUIREMENT
11.35.1 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.
11.36
INFLUENCE
11.36.1 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.
11.36.2 An attempt to influence includes, but is not limited to:
11.36.2.1 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
SERIAL 200197-RFP
influence a decision, obtain a contract, garner favorable treatment, or
gain favorable consideration of any kind.
11.36.3 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.
11.36.4 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.
11.37
CONFIDENTIAL INFORMATION
11.37.1 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.
11.37.2 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.
11.37.3 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
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 200197-RFP
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.
11.48
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.
11.49
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 A1 - Pricing
11.49.1.3 Exhibit B – Scope of Work
11.50
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:
Delta T Group Phoenix, Inc.
7500 N. Dreamy Draw Dr, Ste 212
Phoenix, AZ 85020
11.51
INQUIRIES
11.51.1 Inquiries concerning information herein must be submitted via BidSync using the
“Questions and Answers” link.
11.51.2 Administrative telephone/email inquiries shall be addressed to:
SERIAL 200197-RFP
Irma Guzman, PROCUREMENT OFFICER
TELEPHONE: (602) 506-8517
Irma.guzman@maricopa.gov
11.51.3 Inquiries may be submitted by telephone but must be followed up in writing. No
oral communication is binding on Maricopa County.
SERIAL 200197-RFP
Exhibit A
Vendor Information
COMPANY NAME:
Delta-T Group Phoenix, Inc.
DOING BUSINESS AS (dba):
MAILING ADDRESS:
7500 N. Dreamy Draw Dr, Ste 212, Phoenix, AZ
85020
REMIT TO ADDRESS:
PO Box 884, Bryn Mawr, PA 19010
TELPHONE NUMBER:
877-384-1730
FAX NUMBER:
602-906-8216
WWW ADDRESS:
delta-tgroup.com
REPRESENTATIVE NAME:
Stephanie Gann
REPRESENTATIVE TELEPHONE NUMBER:
877-384-1730
REPRESENTATIVE EMAIL ADDRESS
rfp@deltatg.com
YES
NO
REBATE
WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO
PURCHASE FROM THIS CONTRACT:
WILL ACCEPT PROCUREMENT CARD FOR PAYMENT:
FUEL COMPRISES (if applicable) % OF TOTAL BID AMOUNT
PAYMENT TERMS: RESPONDENT IS REQUIRED TO PICK ONE OF THE FOLLOWING. PAYMENT TERMS WILL
BE CONSIDERED IN DETERMINING LOW BID. FAILURE TO CHOOSE PAYMENT TERMS WILL RESULT IN A
DEFAULT TO NET 30 DAYS.
NET 10 DAYS
NET 45 DAYS
1% 10 DAYS NET 30 DAYS
NET 15
DAYS
NET 60 DAYS
2% 30 DAYS NET 31 DAYS
NET 20 DAYS
NET 90 DAYS
1% 30 DAYS NET 31 DAYS
NET 30 DAYS
2% 10 DAYS NET 30 DAYS
5% 30 DAYS NET 31 DAYS
SERIAL 200197-RFP
Exhibit A-1
Pricing
Serial # 200197-RFP
NIGP CODE(S): 92478
SUBMITTING RESPONDENT'S NAME:
Delta-T Group Phoenix, Inc.
1.0 PRICING:
Item Description
Hourly Rate
Teacher's Hourly Rate BA
$25.00
Teacher's Hourly Rate AA
$24.00
Teacher's Aide Hourly Rate
$19.50
Additional Line Item
$19.50 - $25.00*
* Hourly rate will be determined by professional requested.
SERIAL 200197-RFP
Exhibit B – Scope of Work
1.0
SCOPE OF WORK
1.1
Contractor shall provide recruiting, screening, hiring, training, placement, and tracking of
all ST/TA including supervision, management and payroll processing. All ST/TA are
employees of the contractor, not the County. The successful third-party provider shall be
an independent contractor and not an agent or employee of the County. All ST/TA are
expected to maintain the confidentiality of each child and family, and Maricopa County
Head Start program information in accordance with the program’s Confidential Information
Policy.
1.2
Contractor shall ensure ST/TA compliance with all minimum qualifications and eligibility
requirements, including new employee training as well as continuing education. contained
in Arizona Administrative Code R9-5-401-404.
1.3
Contractor shall provide a web-based substitute management application with mobile
capability used for ordering, placing, tracking time, and general management of teachers
and assistance. Contractor will provide training to County employees upon request.
1.4
Contractor shall be responsible for all job-related expenses for its employees which may
include training, background screening, professional development, mileage, payroll,
benefits, and taxes.
1.5
Screening
1.5.1
Contractor shall confirm education, credentials, qualifications, and competencies
of all prospective ST/TA to ensure compliance with the following qualifications with
Health and Human Services Head Start Act Sec. 648A, ST/TAStaff Qualifications
and Development [42 U.S.C. 9843a], and 45 CFR §1302.91 Staff qualifications
and competency requirements. Contractor shall provide proof of such compliance
upon request to the county. (see Certification of Compliance - Attachment B).
1.5.2
Educational Requirements: ST/TA must meet the following qualifications to
be placed by the contractor in the following positions:
1.5.2.1 Early Head Start Teacher
1.5.2.1.1 AA or advanced degree in early childhood education (ECE)
from an accredited college or university; OR an AA or
advanced degree in a major relating to ECE, AND a
minimum of six months experience teaching preschool-
aged children
1.5.2.2 Head Start Teacher
1.5.2.2.1 BA or advanced degree from an accredited college or
university in ECE; OR a BA or advanced degree and
coursework equivalent to a major relating to ECE AND at
least 6 months experience teaching preschool-aged
children.
1.5.2.3 Head Start Teacher Assistant (Aide)
1.5.2.3.1 Child Development Associate (CDA) credential AND at
least six months experience assisting with preschool-
aged children.
SERIAL 200197-RFP
1.5.3
Head Start Performance Standards 1302.90(b)(5) require staff working in Head
Start or Early Head Start classrooms have a background check every five years to
include fingerprint checks, criminal history records, sex offender registry check,
and child abuse and neglect registry check.
1.5.3.1 Background screening shall include central registry background screening
as required by A.R.S. § 8-804 to confirm the person is not currently nor
has in the past been the subject of an investigation of child abuse or
neglect in Arizona or another state or jurisdiction; and 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.
1.5.3.2 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 placement in a Head Start program classroom. The
contractor shall maintain the central registry background check results and
any related forms or documents in a confidential file for six years after
termination of the contract.
1.5.3.3 Contractor, as required by A.R.S. § 46-141, shall ensure all ST/TA have a
valid fingerprint clearance card. Verification must be completed and
documented by contacting the Arizona Department of Public Safety (DPS)
and documenting the date verification was made, to include the name of
the DPS person who verified the status of the fingerprint clearance card
and background check
1.5.4
In addition to the aforementioned requirements, contractor must ensure all ST/TA
are at least 18 years of age and have or obtain the following before placement in
a classroom:
1.5.4.1 A minimum of six months experience teaching preschool-aged children
1.5.4.2 A healthcare provider’s signed statement that the individual is free from
TB dated within 6 months of start date
1.5.4.3 American Safety and Health Institutes CPR/AED & First Aid Certification
specific for infants and children
1.5.5
If there is conflict between the Federal requirements for Head Start teachers and
Arizona childcare provider requirements, the stricter will prevail.
1.5.6
Upon request the contractor shall make available all records related to
qualifications and background screening to County.
1.5.7
Contractor shall ensure all ST/TA maintain eligibility including required continuous
education and professional development in compliance with Head Start
Performance Standards 1302.92 Training and professional development, and all
State of Arizona requirements. Professional development must meet the
requirements described in section 648A(a)(5) of the Act. Contractor shall maintain
training log for each eligible employee assigned to Maricopa County’s program.
1.6
Scheduling
1.6.1
Contractor shall receive requests for ST/TA from Head Start programs on an as
needed basis. Requests for assignment will be provided with as much advanced
notice as possible. Contractor shall be able to provide ST/TA to accommodate
Head Start program schedules and duties when requests for ST/TA are made with
at least 24-hours’ notice, and shall provide verification of ST/TA availability within
2 hours of a request. In some cases, a request may be made with as little as 24-
SERIAL 200197-RFP
hours’ notice prior to need. When less than 24-hours’ notice prior to need is given,
contractor shall make every attempt to find a ST/TA, however, it is understood that
there may be no ST/TA availability. Due to the varied schedules of Head Start
programs and classrooms, the start and end hours, as well as the total number of
hours during which ST/TA are needed, will vary.
1.6.2
Contractor shall be able to assign, on a daily basis or for more extended periods,
ST/TA shifts as follows:
1.6.2.1 Shifts are between six and eight hours long and may begin as early as
6:30 a.m. The end of the shift may occur any time from 2:30 p.m. to 4:30
p.m.
1.6.2.2 Shifts may include a morning session and an afternoon session (e.g. 7:30
a.m. to 11:30 a.m. and 12:30 p.m. to 4:30 p.m.) (see Exhibit 6 for site
locations and hours). Shifts between seven and nine hours in length
include a half-hour break between sessions. Daily work hours shall not
exceed 8 hours.
1.6.2.3 Meals are provided by the Head Start program to ST/TA (breakfast and
lunch, with an afternoon snack depending on class end times) when ST/TA
are present during meal time.
1.7
Duties
1.7.1
Contractor shall be able to assign to Head Start programs ST/TA who are able to
carry out the following primary duties:
1.7.1.1 Provide supervision to children at all times to ensure their health, safety
and well-being.
1.7.1.2 Administer basic first aid, or CPR as required.
1.7.1.3 Assist teaching staff in the preparation of the classroom prior to children’s
arrival, inspecting classrooms and outdoor areas, including playground
areas, to ensure the safety, orderliness, sanitation, and cleanliness of all
areas and with general cleanup of classrooms and bathrooms
1.7.1.4 Assist teaching staff in conducting educational activities with children,
1.7.1.5 Assist teaching staff in meeting basic health and nutrition requirements of
children. including serving food at meal/snack times, eating meals (served
family style) while promoting etiquette and engaging in conversation.
1.7.1.6 Provide supervision and/or assist with diapering infants/toddlers or helping
preschool aged children with toileting.
1.8
The contractor shall adhere to all requirements of federal, State of Arizona and local laws,
rules, regulations, statutes, etc. pertaining to hiring/employment and business operations.
1.9
Contractor shall not restrict County access to any information or documents required to
ensure compliance with State of Arizona or federal funding requirements
1.10
Contractor shall ensure the following documents are maintained in each ST/TA personnel
file and file shall be available onsite or within two hours of request by Maricopa County:
1.10.1
Completed Personnel Records Form
1.10.2
Completed Personnel Emergency Information Form
SERIAL 200197-RFP
1.10.3
Completed Immunization Verification Form
1.10.4
Evidence of ST/TA’s highest educational qualification, including field of study
(e.g., copy of high school diploma, copy of college transcripts showing degree
earned and field of study, or copy of college diploma showing field of study)
1.10.5
A copy of any current license or certification (e.g., CDA Certificate)
1.10.6
A copy of the front and back of all current qualification requirements, such as first
aid and/or CPR Card and a Food Handler Card which shows expiration date.
1.10.7
A copy of current fingerprint clearance card
1.10.8
One written personal reference and one written professional reference from a
previous employer
1.10.9
A written statement from a healthcare provider that the individual has been free
from TB within at least 12 months prior to their starting date of employment
1.10.10 Signed Criminal History Affidavit
1.10.11 Employee Training Log, if the substitute has been employed with the contractor
for at least 12 months.
1.10.12 Completed Checklist of Training of New Staff Member, which shall be completed
and verified by the contractor when a substitute is first assigned to a Head Start
classroom. A copy of this form must be kept in the ST/TA’s file and provided each
subsequent time the substitute is assigned to Head Start.
SERIAL 200197-RFP
DELTA-T GROUP PHOENIX, INC., 7500 N. DREAMY DRAW DR, STE 212, PHOENIX, AZ 85020
PRICING SHEET: NIGP CODE 92478
Terms:
NET 30
Vendor Number:
VC0000008715
Certificates of Insurance
Required
Contract Period:
To cover the period ending June 30, 2023.