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SERIAL 200144 RFP
PROGRAM MANAGEMENT SERVICES FOR HOME REHABILITATION
DATE OF LAST REVISION: January 29, 2020
CONTRACT END DATE: January 31, 2023
CONTRACT PERIOD THROUGH JANUARY 31, 2023
TO:
All Departments
FROM:
Office of Procurement Services
SUBJECT:
Contract for PROGRAM MANAGEMENT SERVICES FOR HOME
REHABILITATION
Attached to this letter is published an effective purchasing contract for products and/or services to be supplied to
Maricopa County activities as awarded by Maricopa County on January 29, 2020 (Eff. 02/01/20).
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
(Please remove Serial 13155-RFP from your contract notebooks)
CONTRACT PROGRAM MANAGEMENT SERVICES FOR HOME
REHABILITATION
SERIAL 200144-RFP
This Contract is entered into this 29th day of January 2020 by and between Maricopa County (“County”), a political
subdivision of the State of Arizona, and FSL Home Improvements, an Arizona corporation (“Contractor”) for the
purchase of Program Management and Administration Services for the Maricopa County Home Improvement
Program (MCHIP).
1.0
CONTRACT TERM
1.1
This contract is for a term of three years, beginning on the 1st day of February 2020 and ending the
31st day of January 2023.
1.2
The County may, at its option and with the agreement of the Contractor, renew the term of this
Contract for additional terms up to a maximum of two additional years, (or at the County’s sole
discretion, extend the contract on a month-to-month bases for a maximum of six months after
expiration). The County shall notify the Contractor in writing of its intent to extend the contract
term at least 60 calendar days prior to the expiration of the original contract term, or any additional
term thereafter.
1.3
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 the
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 Contractor 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.
2.0
PRICE ADJUSTMENTS
Any requests for reasonable price adjustments must be submitted 60 calendar days prior to the contract
annual anniversary date. 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 contract.
3.0
PAYMENTS
3.1
As consideration for performance of the duties described herein, County shall pay Contractor the
sum(s) stated in Exhibit A, Pricing.
3.2
Payment shall be made upon the County’s receipt of a properly completed invoice within the
payment terms agreed upon by both parties.
SERIAL 200144-RFP
3.3
INVOICES
3.3.1
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
•
Invoice number and date
•
Payment terms
•
Date of service or delivery
•
Address of completed project
•
Breakdown of administrative costs for Program Management activities to
include personnel costs, fringe benefits and travel/mileage;
•
Project activities and costs associated with services paid to
subcontractors/vendors
•
Sufficient documentation may include other required information as determined
by the department
•
Total amount due
3.3.2
Problems regarding billing or invoicing shall be directed to the department as listed on
the purchase order.
3.3.3
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 located on the County Department of Finance Vendor Registration website
(https//azdom-vss.hostams.com/webapp/PRDVSS1X1/AltSelfService
3.3.4
Discounts offered in the contract shall be calculated based on the date a properly
completed invoice is received by the County.
3.3.5
EFT payments to the routing and account numbers designated by the Contractor will
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.
3.4
APPLICABLE TAXES
3.4.1
Payment of Taxes the Contractor shall pay all applicable taxes. With respect to any
installation labor on items that are not attached to real property performed by Contractor
under the terms of this contract, the installation labor cost and the gross receipts for
materials provided shall be listed separately on the Contractor’s invoices.
3.4.2
State and Local Transaction Privilege Taxes To the extent any State and local transaction
privilege taxes apply to sales made under the terms of this contract it is the responsibility
of the seller to collect and remit all applicable taxes to the proper taxing jurisdiction of
authority.
3.4.3
Tax Indemnification Contractor and all subcontractors shall pay all Federal, State, and
local taxes applicable to its 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.
SERIAL 200144-RFP
3.5
TAX (SERVICES)
No tax shall be invoiced or paid against Contractor’s labor. It is the responsibility of the
Contractor to determine any and all applicable taxes.
3.6
TAX (COMMODITIES)
Tax shall not be invoiced against Contractor’s labor. It is the responsibility of the Contractor to
determine any and all applicable taxes.
3.7
STRATEGIC ALLIANCE for VOLUME EXPENDITURES ($AVE)
The County is a member of the $AVE cooperative purchasing group. $AVE includes the State of
Arizona, many Phoenix metropolitan area municipalities, and many K-12 unified school districts.
Under the $AVE Cooperative Purchasing Agreement, and with the concurrence of the successful
respondent under this solicitation, a member of $AVE may access a contract resulting from a
solicitation issued by the County.
3.8
INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENTS (ICPA’s)
County currently holds ICPA’s 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 procurement
rules, processes and procedures.
4.0
AVAILABILITY OF FUNDS
4.1
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.
4.2
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 ten
(10) days in advance.
5.0
DUTIES
5.1
The Contractor shall perform all duties stated in Exhibit B, Scope of Work, or as otherwise
directed in writing by the Procurement Officer.
6.0
TERMS AND CONDITIONS
6.1
INDEMNIFICATION
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, agents, 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
SERIAL 200144-RFP
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.
Contractor's duty to defend, indemnify, and hold harmless the County, its agents, representatives,
agents, 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 there from,
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, any
one 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.
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 paragraph.
The scope of this indemnification does not extend to the sole negligence of County.
6.2
INSURANCE
6.2.1
Contractor, at Contractor’s own expense, shall purchase and maintain the herein
stipulated minimum insurance from a company or companies duly licensed by the State
of Arizona and possessing a current AM Best, Inc. 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.
6.2.2
All insurance required herein shall be maintained in full force and effect until all work or
service required to be performed under the terms of the contract is satisfactorily
completed and formally accepted. Failure to do so may, at the sole discretion of County,
constitute a material breach of this contract.
6.2.3
Contractor’s insurance shall be primary insurance as respects County, and any insurance
or self-insurance maintained by County shall not contribute to it.
6.2.4
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.
6.2.5
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.
6.2.6
The insurance policies required by this contract, except Workers’ Compensation and
Errors and Omissions (E&O), shall name County, its agents, representatives, officers,
directors, officials and employees as Additional Insureds.
6.2.7
The policies required hereunder, except Workers’ Compensation and E&O, 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.
6.2.8
The policies and minimum insurance coverages required by this Contract shall also be
required to be held by any subcontractor or sub-subcontractor hired by the Contractor to
perform work pursuant to this Contract.
SERIAL 200144-RFP
6.2.9
Commercial General Liability
Commercial General Liability (CGL) insurance and, if necessary, Commercial Umbrella
insurance with a limit of not less than $2,000,000 for each occurrence, $4,000,000
Products/Completed Operations Aggregate, and $4,000,000 General Aggregate Limit.
The policy shall include coverage for premises liability, bodily injury, broad form
property damage, personal injury, products and completed operations and blanket
contractual coverage, and shall not contain any provisions which would serve to limit
third-party action over claims. There shall be no endorsement or modifications of the
CGL limiting the scope of coverage for liability arising from explosion, collapse, or
underground property damage.
6.2.10
Automobile Liability
Commercial/Business Automobile Liability insurance and, if necessary, Commercial
Umbrella insurance with a combined single limit for bodily injury and property damage
of not less than $2,000,000 each occurrence with respect to any of the Contractor’s
owned, hired, and non-owned vehicles assigned to or used in performance of the
Contractor’s work or services or use or maintenance of the premises under this contract.
6.2.11
Workers’ Compensation
Workers’ Compensation insurance to cover obligations imposed by Federal and State
statutes having jurisdiction of Contractor’s employees engaged in the performance of the
work or services under this contract; and Employer’s Liability insurance of not less than
$1,000,000 for each accident, $1,000,000 disease for each employee, and $1,000,000
disease policy limit.
Contractor, its contractors and its subcontractors waive all rights against contract and its
agents, officers, directors, and employees for recovery of damages to the extent these
damages are covered by the Workers’ Compensation and Employer’s Liability or
commercial umbrella liability insurance obtained by Contractor, its contractors and its
subcontractors pursuant to this contract.
6.2.12
Professional Liability (Errors & Omissions)
Contractor shall maintain Professional Liability and/or Errors & Omissions 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 $3,000,000 aggregate claims.
6.2.13
Environmental/Pollution
contractor shall maintain commercial general liability insurance (CGL) and, if necessary,
Commercial Umbrella insurance with a limit of not less than $2,000,000 for each
occurrence with a $4,000,000 Products/Completed Operations Aggregate and a
$4,000,000 General Aggregate Limit. The policy shall include coverage for bodily injury,
broad form property damage, personal injury, products and completed operations,
environmental and pollution damage, and blanket contractual coverage including, but not
limited to, the liability assumed under the indemnification provisions of this Contract.
6.2.14
Certificates of Insurance
6.2.14.1
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
SERIAL 200144-RFP
limits required by this contract are in full force and effect. Such certificates
shall identify this contract number and title.
6.2.14.2
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.
6.2.14.3
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.
6.2.15
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 Ave., Phoenix, AZ 85003, or emailed to the
Procurement Officer noted in the solicitation.
6.3
FORCE MAJEURE
6.3.1
Neither party shall be liable for failure of performance, nor incur any liability to the other
party on account of any loss or damage resulting from any delay or failure to perform all
or any part of this contract if such delay or failure is caused by events, occurrences, or
causes beyond the reasonable control and without negligence of the parties. Such events,
occurrences, or causes will include 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,
interruption or failure of electricity or telecommunication service.
6.3.2
Each party, as applicable, shall give the other party notice of its inability to perform and
particulars in reasonable detail of the cause of the inability. Each party must use best
efforts to remedy the situation and remove, as soon as practicable, the cause of its
inability to perform or comply.
6.3.3
The party asserting Force Majeure as a cause for non-performance shall have the burden
of proving that reasonable steps were taken to minimize delay or damages caused by
foreseeable events, that all non-excused obligations were substantially fulfilled, and that
the other party was timely notified of the likelihood or actual occurrence which would
justify such an assertion, so that other prudent precautions could be contemplated.
6.4
WARRANTY OF SERVICES
6.4.1
The Contractor warrants that all services provided hereunder will conform to the
requirements of the contract, including all descriptions, specifications and attachments
made a part of this contract. County’s acceptance of services or goods provided by the
Contractor shall not relieve the Contractor from its obligations under this warranty.
6.4.2
In addition to its other remedies, County may, at the Contractor's expense, require prompt
correction of any services failing to meet the Contractor's warranty herein. Services
corrected by the Contractor shall be subject to all the provisions of this contract in the
manner and to the same extent as services originally furnished hereunder.
SERIAL 200144-RFP
6.5
INSPECTION OF SERVICES
6.5.1
The Contractor shall provide and maintain an inspection system acceptable to County
covering the services under this contract. Complete records of all inspection work
performed by the Contractor shall be maintained and made available to County during
contract performance and for as long afterwards as the contract requires.
6.5.2
County has the right to inspect and test all services called for by the contract, to the extent
practicable at all times and places during the term of the contract. County shall perform
inspections and tests in a manner that will not unduly delay the work.
6.5.3
If any of the services do not conform to contract requirements, County may require the
Contractor to perform the services again in conformity with contract requirements, at no
cost to the County. When the defects in services cannot be corrected by re-performance,
County may
6.5.3.1
require the Contractor to take necessary action to ensure that future performance
conforms to contract requirements; and
6.5.3.2
reduce the contract price to reflect the reduced value of the services performed.
6.5.4
If the Contractor fails to promptly perform the services again or to take the necessary
action to ensure future performance in conformity with contract requirements, County
may
6.5.4.1
by contract or otherwise, perform the services and charge to the Contractor,
through direct billing or through payment reduction, any cost incurred by
County that is directly related to the performance of such service; or
6.5.4.2
terminate the contract for default.
6.6
ORDERING AUTHORITY
Any request for purchase shall be accompanied by a valid purchase order, issued by Office of
Procurement Services, a purchase order issued by the using department or direction by a Certified
Agency Procurement Aid (CAPA) with a Purchase Card for payment.
6.7
NO MINIMUM OR MAXIMUM PURCHASE OBLIGATION
6.7.1
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.
6.7.2
Contractors agree 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.
6.8
PURCHASE ORDERS
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, shipment of product prior to issuance of purchase order.
SERIAL 200144-RFP
6.9
BACKGROUND CHECK
Contractors need to be aware that there may be multiple background checks (Sheriff’s Office,
County Attorney's Office, and 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 Contractor, subcontractors and employees.
6.10
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.
6.11
STOP WORK ORDER
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 is
delivered to the Contractor, or within any extension of that period to which the parties shall have
agreed, the Procurement Officer shall either
6.11.1
cancel the stop work order; or
6.11.2
terminate the work covered by the order as provided in the Default, or the Termination
for Convenience clause of this contract.
6.11.3
The Procurement Officer may make an equitable adjustment in the delivery schedule
and/or contract price, or otherwise, 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.
6.12
TERMINATION FOR CONVENIENCE
6.12.1
Maricopa County may terminate the contract for convenience by providing 60 calendar
days advance notice to the Contractor.
6.13
TERMINATION FOR DEFAULT
The County may, by written notice of default to the Contractor, terminate this contract in whole or
in part if the Contractor fails to
6.13.1
deliver the supplies or to perform the services within the time specified in this contract or
any extension;
6.13.2
make progress, so as to endanger performance of this contract; or
6.13.3
perform any of the other provisions of this contract.
SERIAL 200144-RFP
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 the notice from the Procurement Officer specifying the failure.
6.14
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.
6.15
CONTRACTOR EMPLOYEE MANAGEMENT
6.15.1
Contractor shall endeavor to maintain the personnel proposed in their proposal
throughout the performance of this contract. In the event that Contractor personnel’s
employment status changes, Contractor shall provide County a list of proposed
candidates with equivalent experience. Under no circumstances is it acceptable for the
implementation schedule to be impacted by a personnel change on the part of the
Contractor.
6.15.2
Contractor shall not reassign any key personnel without the express consent of the
County.
6.15.3
County reserves the right to immediately remove from its premises any Contractor
personnel it determines is a risk to County operations.
6.15.4
County reserves the right to request the replacement of Contractor personnel at any time,
for any reason. Said requested removal shall not be subject to part 6.15.1 of this section.
6.16
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.
6.17
CONTRACTOR LICENSE REQUIREMENT
6.17.1
The Contractor shall procure all permits, insurance, licenses, and pay the charges and fees
necessary and incidental to the lawful conduct of his/her business, and as necessary
complete any required certification requirements, required by any and all governmental or
non-governmental entities as mandated to maintain compliance with and in good standing
for all permits and/or licenses. The Contractor shall keep fully informed of existing and
future trade or industry requirements, 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.
6.17.2
Contractor furnishing finished products, materials or articles of merchandise that will
require installation or attachment as part of the contract, shall possess any licenses
required. Contractor is not relieved of its obligation to obtain and possess the required
licenses by subcontracting of the labor portion of the contract. Contractors are advised to
contact the Arizona Registrar of Contractors, Chief of Licensing, to ascertain licensing
requirements for a particular contract. Contractor shall identify which license(s), if any,
the Registrar of Contractors requires for performance of the contract.
SERIAL 200144-RFP
6.18
SUBCONTRACTING
6.18.1
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 contract serial
number and identify the job project.
6.18.2
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, or the County has approved the increase. 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.
6.19
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.
6.20
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.
6.21
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.
6.22
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.
6.23
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.
6.24
RIGHTS IN DATA
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.
6.25
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 may be
viewed
and
downloaded
from
the
Arizona
Memory
Project’s
website
https//azmemory.azlibrary.gov/digital/collection/execorders/id/680/,
and
which
is
hereby
incorporated into this contract as if set forth in full herein. During the performance of this contract,
SERIAL 200144-RFP
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.
6.26
WRITTEN CERTIFICATION PURSUANT to A.R.S. § 35-393.01
If Contractor 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.
6.27
CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
6.27.1
The undersigned (authorized official signing on behalf of the Contractor) certifies to the
best of his or her knowledge and belief that the Contractor, it’s current officers and
directors
6.27.2
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;
6.27.2.1 have not within three-year period preceding this contract;
6.27.2.1.1
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;
6.27.2.1.2
been convicted of violation of any Federal or State antitrust
statutes or been convicted for embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false
statements, or receiving stolen property regarding a government
entity transaction or contract;
6.27.2.1.3
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; and 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 have not within a three year
period preceding this contract had any public transaction (Federal,
State or local) terminated for cause or default.
6.27.2.2 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.
6.27.3
The Contractor shall include, without modification, this clause in all lower tier covered
transactions (i.e. transactions with subcontractors) and in all solicitations for lower tier
covered transactions related to this Contract.
6.28
VERIFICATION REGARDING COMPLIANCE WITH A.R.S. § 41-4401 AND FEDERAL
IMMIGRATION LAWS AND REGULATIONS
6.28.1
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
SERIAL 200144-RFP
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 https//www.uscis.gov/.
6.28.2
The County retains the legal right to inspect Contractor and subcontractor employees’
documents performing work under this contract to verify compliance with paragraph 6.28.1
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.
6.29
INFLUENCE
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.
An attempt to influence includes, but is not limited to
6.29.1
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.
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.
6.30
CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO
INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS
6.30.1
The parties agree that this contract and employees working on this contract will be
subject to the whistleblower rights and remedies in the pilot program on Contractor
employee whistleblower protections established at 41 U.S.C. § 4712 by section 828 of the
National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112–239) and section
3.908 of the Federal Acquisition Regulation;
6.30.2
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.
6.30.3
Contractor shall insert the substance of this clause, including this paragraph, in all
subcontracts over the simplified acquisition threshold ($250,000 as of 2018).
SERIAL 200144-RFP
6.31
UNIFORM ADMINISTRATIVE REQUIREMENTS
By entering into this contract, the Contractor agrees to comply with all applicable provisions of
Title 2, Subtitle A, Chapter II, PART 200—Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards contained in Title 2 C.F.R. § 200 et seq.
6.32
ACCESS TO AND RETENTION OF RECORDS FOR THE PURPOSE OF AUDIT AND/OR
OTHER REVIEW
6.32.1
In accordance with section MCI-371 of the Maricopa County Procurement Code the
Contractor agrees to retain (physical or digital copies of) all books, records, accounts,
statements, reports, files, and other records and back-up documentation relevant to this
contract for six years after final payment or until after the resolution of any audit
questions which could be more than six years, whichever is latest. The County, Federal or
State auditors and any other persons duly authorized by the department shall have full
access to, and the right to examine, copy, and make use of, any and all said materials.
6.32.2
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.
6.33
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.
6.34
OFFSET FOR DAMAGES
In addition to all other remedies at law or in 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.
6.35
CONFIDENTIAL INFORMATION
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.
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.
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 calendar days of the written request to do so.
SERIAL 200144-RFP
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.
6.36
PUBLIC RECORDS
Under Arizona law, all offers submitted and opened are public records and must be retained by the
Records Manager at the Office of Procurement Services. Offers shall be open to public inspection
and copying after contract award and execution, except for such offers or sections thereof
determined to contain proprietary or confidential information by the Office of Procurement
Services. If an offeror believes that information in its offer or any resulting contract should not be
released in response to a public record request under Arizona law, the offeror shall indicate the
specific information deemed confidential or proprietary and submit a statement with its offer
detailing the reasons that the information should not be disclosed. Such reasons shall include the
specific harm or prejudice 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.
6.37
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.
6.38
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, express or implied.
6.39
RELATIONSHIPS
6.39.1
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.
6.40
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.
6.41
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.
SERIAL 200144-RFP
6.42
INCORPORATION OF DOCUMENTS
The following are to be attached to and made part of this contract
6.42.1
Exhibit A, Vendor Information;
6.42.2
Exhibit A-1, Budget;
6.42.3
Exhibit B, Scope of Work
6.42.4
Exhibit C, Accounting Certification Statement
6.42.5
Exhibit D, Certification Regarding Debarment
6.42.6
Exhibit E, Lobbying Packet
6.42.7
Exhibit F, Drug-Free Workplace Certification
NOTICES
All notices given pursuant to the terms of this contract shall be addressed to
For County
Maricopa County
Office of Procurement Services
ATTN: Contract Administration
160 South 4th Avenue
Phoenix, Arizona 85003-2494
For Contractor
FSL Home Improvement
ATTN: Katie Martin
1201 E Thomas Rd
Phoenix., AZ 85014
SERIAL 200144-RFP
SERIAL 200144-RFP
ATTACHMENT 1
Travel Policy
OFFICE OF PROCUREMENT SERVICES CONTRACTOR TRAVEL AND PER DIEM POLICY
1.0
All contract-related travel plans and arrangements shall be prior-approved by the County Contract
Administrator.
2.0
Lodging, per diem and incidental expenses incurred in performance of Maricopa County/Special District
(County) contracts shall be reimbursed based on current U.S. General Services Administration (GSA)
domestic per diem rates for Phoenix, Arizona. Contractors must access the following internet site to
determine rates (no exceptions): www.gsa.gov.
2.1
Additional incidental expenses (i.e., telephone, fax, internet, and copying charges) shall not be
reimbursed. They should be included in the contractor’s hourly rate as an overhead charge.
2.2
The County will not (under no circumstances) reimburse for Contractor guest lodging, per diem or
incidentals.
3.0
Commercial air travel shall be reimbursed as follows:
3.1
Coach airfare will be reimbursed by the County. Business class airfare may be allowed only when
preapproved in writing by the County Contract Administrator as a result of the business need of
the County when there is no lower fare available.
3.2
The lowest direct flight airfare rate from the Contractors assigned duty post (pre-defined at the
time of contract signing) will be reimbursed. Under no circumstances will the County reimburse
for airfares related to transportation to or from an alternate site.
3.3
The County will not (under no circumstances) reimburse for Contractor guest commercial air
travel.
4.0
Rental vehicles may only be used if such use would result in an overall reduction in the total cost of the
trip, not for the personal convenience of the traveler. Multiple vehicles for the same set of travelers for the
same travel period will not be permitted without prior written approval by the County Contract
Administrator.
4.1
Purchase of comprehensive and collision liability insurance shall be at the expense of the
contractor. The County will not reimburse contractor if the contractor chooses to purchase this
coverage.
4.2
Rental vehicles are restricted to sub-compact, compact or mid-size sedans unless a larger vehicle
is necessary for cost efficiency due to the number of travelers. (NOTE: contractors shall obtain
pre-approval in writing from the County Contract Administrator prior to rental of a larger vehicle.)
4.3
County will reimburse for parking expenses if free, public parking is not available within a
reasonable distance of the place of County business. All opportunities must be exhausted prior to
securing parking that incurs costs for the County. Opportunities to be reviewed are the DASH;
shuttles, etc. that can transport the contractor to and from County buildings with minimal costs.
4.4
County will reimburse for the lowest rate, long-term uncovered (e.g. covered or enclosed parking
will not be reimbursed) airport parking only if it is less expensive than shuttle service to and from
the airport.
4.5
The County will not (under no circumstances) reimburse the Contractor for guest vehicle rental(s)
or other any transportation costs.
5.0
Contractor is responsible for all costs not directly related to the travel except those that have been pre-
approved by the County Contract Administrator. These costs include (but not limited to) the following: in-
SERIAL 200144-RFP
room movies, valet service, valet parking, laundry service, costs associated with storing luggage at a hotel,
fuel costs associated with non-County activities, tips that exceed the per diem allowance, health club fees,
and entertainment costs. Claims for unauthorized travel expenses will not be honored and are not
reimbursable.
6.0
Travel and per diem expenses shall be capped at 15 percent of project price unless otherwise specified in
individual contracts
7.0
Contractor shall provide, (upon request) with their invoice(s), copies of receipts supporting travel and per
diem expenses, and if applicable with a copy of the written consent issued by the Contract Administrator.
No travel and per diem expenses shall be paid by County without copies of the written consent as described
in this policy and copies of all receipts.
SERIAL 200144-RFP
ATTACHMENT 2
Maricopa County Home Improvement Program (MCHIP) Rehabilitation Standards
200144-Attachment
2- MC Housing Rehab
SERIAL 200144-RFP
ATTACHMENT 3
MCHIP HANDBOOK AND PROGRAM GUIDELINES
200144-Attachment 3
- MCHIP Handbook an
SERIAL 200144-RFP
EXHIBIT A
VENDOR INFORMATION
SERIAL -200144-RFP
NIGP CODE:
RESPONDENT'S NAME:
FSL Home Improvements
COUNTY VENDOR NUMBER: W000012640x
W000012640x
ADDRESS: 1201 E Thomas Rd
1201 E Thomas Rd
Phoenix., AZ 85014
P.O. ADDRESS:
TELEPHONE
NUMBER:
602.532.2976
FACSIMILE NUMBER:
602.297.1857
WEB SITE:
www.FSL.org
CONTACT (REPRESENTATIVE):
Katie Martin
REPRESENTATIVE'S EMAIL ADDRESS:
kmartin@fsl.org
YES
NO
WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO FROM THIS CONTRACT
[X]
[ ]
WILL ACCEPT PROCUREMENT CARD FOR PAYMENT
[X]
[ ]
WILL OFFER REBATE (CASH OR CREDIT) FOR UTILIZING PROCUREMENT
CARD
[ ]
[X]
RESPONDENT MUST INITIAL THEIR SELECTION BELOW.
[X] NET 0 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 200144-RFP
EXHIBIT A-1
BUDGET
PROVIDER NAME:
FSL Home Improvements
I
PERSONNEL
Position Title
TOTAL FTE Level
Hourly Rate
Rehabilitation Specialist
0.48
$28.94
Program Coordinator
0.03
$23.00
Program Assistant
0.01
$16.50
Crew Foreman
0.01
$23.00
Administrator
0.01
$37.18
Total FTE's dedicated to
this contract:
0.54
II
EMPLOYEE RELATED EXPENSES
Percentage
Various Fringe Benefits
25%
III
PROFESSIONAL AND OUTSIDE SERVICES
MCHSD
COST
Construction cost vary, each project will require
different amounts.
IV
TRAVEL
ITEM
Mileage will be reimbursed at the federally
approved level
N/A
V
Administrative Fee
ITEM
Percentage
Provide Program Management/Administrative
Fee
17%
(17% will be charged on Professional and Outside Services Only)
SERIAL 200144-RFP
EXHIBIT B
SCOPE OF WORK
1.0
SCOPE OF WORK
The Contractor shall be responsible for program management of home rehabilitation, emergency
repair/replacement, and modification activities that are approved by Maricopa County Human
Services/Housing
Community
Development
(MCHSD/HCD)
and
performed
by
construction
contractors/vendors on the Contractor’s list of approved construction contractors/vendors. All home
improvements must meet or exceed standards in a manner that is satisfactory to MCHSD/HCD and the
homeowner and are consistent with Maricopa County Housing Rehabilitation Standards (Attachment 1).
1.1
SERVICES TO BE PROVIDED
1.1.1
The Contractor will manage the improvements to be made to individual homes, provide
oversight of all construction contractors that provide the home improvements, and
provide timely and complete invoices to the County. The Contractor will not be permitted
to perform any of the home improvement work.
1.1.2
Contractors must have the ability to cover all up-front costs through the completion of
each home improvement project and invoice the County for completed projects on a
monthly basis.
1.1.3
Maricopa County is the recipient of the U.S. Department of Housing and Urban
Development (HUD) funding. The MCHIP program, administered by MCHSD/HCD,
receives funding for this solicitation from HUD programs, specifically a Community
Development Block Grant (CDBG) and the Home Investment Partnerships Program
(HOME), and other non-federal funding sources. MCHSD/HCD is responsible for:
1.1.3.1
determining homeowners’ income eligibility and qualifications for program
assistance provided through MCHIP;
1.1.3.2
managing the client waitlist and sharing with the Contractor the contact
information for clients to be served and adjusting the list in accordance to levels
of priority;
1.1.3.3
ensuring funding is utilized for the intended purposes as required by funding
sources; and
1.1.3.4
monitoring Contractor’s activities and ensuring services are provided as outlined
in contract.
1.1.4
MCHIP services shall be limited to owner-occupied primary residences only. No rental or
second homes will be eligible for improvements/rehabilitation services.
1.1.5
MCHIP approved improvements may include but are not limited to:
Roofing
(replacement/repairs)
Plumbing
Exterior Doors
Carpentry
Windows
Cabinets
Cooling/Heating systems
Stairs/steps
Ceilings and walls
Floor coverings
Electrical
Water heaters
Stoves/refrigerators
Energy efficiency modifications
Lead Abatement
Painting/sheetrock
Asbestos testing (for abatement)
Mold/Fungi (testing on a
case by case basis)
Additional improvements may include: concrete work (needed to correct tripping hazards or
meet code); ADA/accessibility modifications; improvement of any condition in the home
that may affect the occupant’s safety (e.g. sharp edges, electrical hazards, tripping, etc.; any
condition or item in the home that may affect any occupant’s health conditions (e.g. worn,
torn, or soiled carpet, etc.); and other items receiving prior approval for completion from
MCHSD/HCD.
SERIAL 200144-RFP
1.2
MINIMUM QUALIFICATIONS
1.2.1
Contractor shall:
2.2.1.1
have demonstrated experience in Building Performance Institute (BPI) rules and
regulations (www.bpi.org);
2.2.1.2
be familiar with Federal grant regulations (CDBG, HOME) including 24 Code
of Federal Regulators (CFR) 570.202 and 24 CFR 92.254, and regulations for
any non-federal funding sources being applied;
2.2.1.3
have qualified personnel who have current BPI certification to perform home
inspections to identify:
2.2.1.3.1health and safety hazards;
2.2.1.3.2the need for adaptive measures; and
2.2.1.3.3the need for installation and evaluation of energy efficient performance
measures to reduce energy burden.
2.2.1.4
have or must obtain fingerprint clearance card/background check from the
Arizona Department of Public Safety;
2.2.1.5
be familiar with the requirements of lead paint and abatement compliance;
2.2.1.6
preferably, be familiar with the requirements of asbestos removal and
abatement;
2.2.1.7
have experience with accessibility modifications for persons with disabilities.
1.3
PROGRAM APPROVAL PROCESS
1.3.1
The following approval process for services shall apply:
1.3.1.1
MCHSD/HCD shall receive applications and determine eligibility for services.
1.3.1.2
MCHSD/HCD shall submit client information to Contractor.
1.3.1.3
Contractor shall conduct a site visit and inspection of client’s home.
1.3.1.4
Contractor will submit estimated a scope of work and cost estimate of repairs to
MCHSD/HCD.
1.3.1.5
MCHSD/HCD will notify Contractor of approved work activities
1.3.1.6
The Contractor shall issue a bid to approved construction contractors/vendors
with details of work activities to be performed.
1.3.1.7
Successful construction contractors/vendors shall complete work activities.
1.3.1.8
Contractor shall inspect all work performed by construction contractor/vendor.
Construction contractor/Vendor will be paid for services only after the work
performed meets Housing Rehabilitation Standards.
1.3.1.9
The Contractor shall pay construction contractors/vendors for accepted and
completed work activities.
1.3.1.10 The Contractor shall submit invoices to MCHSD/HCD for completed project
activities.
1.3.1.11 MCHSD/HCD shall reimburse the Contractor for approved invoice.
1.3.1.12 MCHSD/HCD shall release Contractor from the project upon payment of
invoice.
1.3.2
MCHSD Responsibilities
1.3.2.1
MCHSD is responsible for:
1.3.2.1.1
ensuring that homeowners are eligible and qualified for the
assistance;
1.3.2.1.2
ensuring funding is utilized for the required purposes;
1.3.2.1.3
ensuring Contractor meets performance responsibilities before
reimbursement is made;
1.3.2.1.4
reimbursing Contractor for approved invoices;
1.3.2.1.5
monitoring Contractor activities and expenditures;
SERIAL 200144-RFP
1.3.2.2
The Contractor will be responsible for:
1.3.2.2.1
contacting the homeowner once the application has been approved;
1.3.2.2.2
inspecting the home and preparing a scope of work;
1.3.2.2.3
reviewing the scope of work with the homeowner;
1.3.2.2.4
securing and reviewing bids with the homeowner;
1.3.2.2.5
reviewing the contract between the homeowner and construction
contractor/vendor;
1.3.2.2.6
providing contract closing with the homeowner and the construction
contractor/vendor;
1.3.2.2.7
coordinating temporary relocation (when required);
1.3.2.2.8
providing contract management services;
1.3.2.2.9
reviewing disputes between the homeowner and the construction
contractor/vendor, providing written determinations if contract
arbitration is needed;
1.3.2.2.10 coordinating the transmittal of warranty documents;
1.3.2.2.11 preparing change orders and payment authorizations with the consent
of the homeowner for presentation to MCHSD staff for payment;
1.4
CONTRACTOR’S RESPONSIBILITIES
1.4.1
The Contractor shall be responsible for program management of home rehabilitation,
emergency repair/replacement, and modification activities that are approved by
MCHSD/HCD and performed by approved construction contractors. Contractor shall
ensure all home improvements must meet or exceed standards in a manner that is
satisfactory to MCHSD/HCD and the homeowner, and consistent with required Federal
Housing Quality Standards and Maricopa County Rehabilitation Standards (Attachment
1).
1.4.2
Customer service is of the utmost importance. Contractor’s personnel and all construction
contractors shall be trained and monitored to assure each program applicant is provided
the highest quality of service.
1.4.3
Contractor shall provide services in compliance with all Federal laws and regulations.
Federal guidelines are outlined with the MCHIP Handbook and Program Guidelines (see
Attachment 2).
1.4.4
Contractor shall receive direction from MCHSD/HCD on the need to conduct home visits
for eligible homeowners to determine which home improvements are required. The
Contractor shall:
1.4.4.1
be responsible for contacting the homeowner to arrange a home visit;
1.4.4.2
utilizing the MCHIP Handbook and Program Guidelines (Attachment 2),
conduct a home inspection to identify:
1.4.4.2.1
Emergency health and safety concerns
1.4.4.2.2
Health and safety concerns
1.4.4.2.3
Required home modifications that address adaptations for persons
with disabilities
1.4.4.2.4
Energy burden
1.4.4.2.5
Safe and proper function of appliances
1.4.4.3
Contractor shall provide a written report identifying inspection findings and
estimated costs to MCHSD/HCD staff.
1.4.5
Contractor shall establish and maintain a list of qualified construction contractors/vendors
to perform the approved work activities. The Contractor shall:
1.4.5.1
Ensure that all construction contractors/vendors on the qualified vendor list are:
SERIAL 200144-RFP
1.4.5.1.1
licensed for the type of work specified in the scope of work;
1.4.5.1.2
insured for the type of work specified in the scope of work;
1.4.5.1.3
in good standing with the Registrar of Contractors (ROC);
1.4.5.1.4
in good standing with the Arizona Corporation Commission;
1.4.5.1.5
background checked including obtaining current fingerprint
clearance cards for individuals working in clients’ homes; and
1.4.5.1.6
possess a Dun & Bradstreet (DUNS) number and be in good standing
(not debarred) to receive of Federally funded contracts.
1.4.6
The Contractor shall conduct a competitive bid process for each approved project to be
performed in an eligible client’s home. The Contractor shall facilitate a procurement
process open only to those on the qualified construction contractors/vendors list. The
Contractor shall:
1.4.6.1
provide bidders with a detailed scope of work on each project;
1.4.6.2
ensure that at least three vendors are invited to bid on each project;
1.4.6.3
conduct an on-site pre-bid meeting for each project where the entire scope of
work is described in detail;
1.4.6.4
establish a timeline for receipt of bids from construction contractors/vendors;
1.4.6.5
receive and evaluate sealed bids for a project;
1.4.6.6
discuss all received bids with homeowners;
1.4.6.7
notify the lowest responsible bidder of their selection; and
1.4.6.8
notify the bidders that were not selected.
1.4.6.9
If bids are 15 percent higher than the estimated costs, the Contractor shall:
1.4.6.9.1
rebid the project
1.4.7
The Contractor shall ensure construction contractors/vendors:
1.4.7.1
create a contract with the homeowner based on the project specifications;
1.4.7.2
receive approval of the contract from MCHSD/HCD;
1.4.7.3
comply with the terms and conditions of the contracts with homeowners;
1.4.7.4
complete only the work that is listed in the contract unless a contract change
order is approved by MCHSD/HCD and executed between the Contractor and
the construction contractor/vendor; and
1.4.7.5
perform all work as specified such that work meets the construction standards
and of high-quality standards as outlined in the MCHIP Handbook and Program
Guidelines (see Attachment 2) and Federal Housing Quality Standards and
Maricopa County Rehabilitation Standards (Attachment 1); and pay all
subcontractor/vendors in a timely manner.
1.5
PROGRAM MANAGEMENT AND ADMINISTRATION
Contractor shall comply with federal regulations, including 24 CFR § 92, et seq.:
1.5.1
Financial Records
1.5.1.1
The Contractor shall establish an accounting system and financial records that
comply with the applicable requirements and standards of 2 CFR 200, et seq.
1.5.1.2
The Contractor shall adhere to accounting principles and procedures to utilize
adequate internal controls and maintain necessary source documentation for all
costs incurred.
1.5.1.3
The Contractor shall maintain an accounting system that provides for
appropriate accounting.
1.5.1.4
The Contractor shall adhere to applicable audit requirements as described and in
accordance with 2 CFR 200, et seq.
1.5.1.5
The Contractor shall provide an annual single-audit report or annual audited
financial statements to the County.
1.5.1.6
Contractor shall maintain an accounting system which is consistent and in
accordance with the U.S. Generally Accepted Accounting Principles (GAAP)
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and which uses fund accounting methods and the Office of Management and
Budget (OMB) Omni-Circular “Uniform Administrative Requirements, Cost
Principles and Audit” per 2 CFR Part 200. Compliance with these requirements
will be subject to monitoring from time to time by the County or by HUD.
1.5.2
Documentation and Record Keeping
1.5.2.1
Records to be Maintained – The Contractor shall maintain all records required
by the Federal regulations specified in 24 CFR § 92.508 that are pertinent to the
activities to be funded under the contract. Such records shall include but not be
limited to records:
1.5.2.1.1
providing a full description of each project undertaken and its
impact;
1.5.2.1.2
activity eligibility;
1.5.2.1.3
financial records as required by 24 CFR Part 570.502, 2 CFR § 200,
et seq.; and
1.5.2.1.4
other records necessary to document compliance with funding
requirements.
1.5.2.1.5
The Contractor shall retain all pertinent electronic data, files and
records, and books, documents, and papers that relate to the contract
for six years after completion of the contract.
1.5.3
Outcome Measures
1.5.3.1
The Contractor shall maintain data that supports the accomplishment of the
desired outcomes for each housing unit.
1.5.4
Disclosure
1.5.4.1
The Contractor shall ensure that client information collected under the contract
is private and the use or disclosure of such information, when not directly
connected with the administration of the services to be provided under the
contract is prohibited unless written consent is obtained from such person
receiving service.
Audits and Inspections
1.5.4.2
All Contractor’s records with respect to any matters covered by the contract
shall be made available to the County, their designees, or the Federal
Government, at any time during normal business hours, and as often as the
County deems necessary over the course of six years after completion of the
contract, to audit, examine and make excerpts or transcripts of all relevant data.
Any relevant deficiencies noted in audit reports must be addressed by the
Contractor within 45 days after receipt by the Contractor.
1.5.4.3
Failure of the Contractor to comply with the above audit requirements shall
constitute a violation of the contract and may result in the withholding of future
payments.
1.5.4.4
The annual audit requirement is applicable to all levels of funding received by
Contractor via the contract, even if the level of funding is less than the current
thresholds cited in 2 CFR § 200.501
1.5.5
MCHIP Handbook and Program Guidelines
1.5.5.1
The Contractor shall utilize the MCHIP Handbook and Program Guidelines (see
Attachment 2) and adhere to requirements and restrictions therein.
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1.5.6
Cost Reimbursement
1.5.6.1
The Contractor shall be paid on a reimbursement basis for services performed
and work completed to date. Please note that all jobs must be completed before
the job expenses are claimed to avoid revisions to claims;
1.5.6.2
The Contractor must have enough financial capacity to carry all program costs
on a month-to-month basis;
1.5.6.3
The Contractor’s invoice shall include:
1.5.6.3.1
a breakdown of administrative costs for program management
activities to include personnel costs, fringe benefits, and mileage in
accordance with Federal amounts (see Attachment 3);
1.5.6.3.2
project activities and costs associated with services paid to
construction contractors/vendors; and
1.5.6.3.3
sufficient documentation that may include other required information
as determined by the department.
1.5.6.4
The Contractor shall submit a monthly invoice by the 15th day of the month after
which each project has been completed;
1.5.6.5
The County shall reimburse the Contractor for all allowable costs associated
with the performance of work and the provision of services under the contract;
1.5.6.6
Should the department discover a disallowance in the invoice, the following
shall apply:
1.5.6.6.1
Contractor shall be notified and given the opportunity to submit a
revised invoice; or
1.5.6.6.2
Invoice will be processed for payment without reimbursement for the
disallowed costs;
1.5.6.6.3
If the Contractor protests the amount or the reasons for a
disallowance, the Contractor shall submit a letter to MCHSD/HCD
staff requesting a reevaluation of the submitted invoice.
1.5.6.6.4
If the Contractor is dissatisfied with the outcome of the invoice
reevaluation, a protest can be submitted to the MCHSD Director. If
the issue is not resolved, the Contractor may initiate a dispute in
accord with the Maricopa County Procurement Code dispute
procedures.
1.5.6.7
The Contractor shall submit June’s invoice no later than the 15th of July of that
same year.
Organization’s Name: FSL Home Improvements
1.
Provide organization’s experience managing activities identified in the Scope of Work such as home
rehabilitation, emergency repair/replacement, and modification activities. Please include the number of
years
of experience your firm has conducting the above activities.
FSL has provided HOME and CDBG housing rehabilitation and emergency repair services for Arizona
Department of Housing and several municipalities for decades. Staff have more than 100 years collectively
of experience managing rehabilitation, emergency, home modification and weatherization programs. For
the past six years FSL has managed the rehabilitation and emergency programs for the Maricopa County
Home Improvement Program (MCHIP). On average, FSL completes 80 Rehab and Emergency (combined)
projects and 275 energy audits per fiscal l year. FSL is the sole weatherization provider for Maricopa
County, the City of Mesa and performs energy audits for the City of Phoenix. FSL has been under contract
with the Area Agency on Aging for 20+ years to provide various modifications for homeowners facing
accessibility issues within their living environment.
a.
Include applicable licenses, credentials, and professional training held as well as knowledge and
experience with building codes.
FSL Rehabilitation Specialist have extensive knowledge in the field of construction, CDBG/HOME
regulations, Housing Quality Standards, Lead and Asbestos regulations and city codes and ordinances.
FSL Energy Auditors are BPI Certified, Certified Lead Renovators; OSHA certified and have
completed the Weatherization Bootcamp and REM/Design courses. FSL holds HVAC C-39R and
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General Building Contractor’s Licenses from the Arizona Registrar of Contractors and is a Certified
Lead Renovator firm. The FSL staff has Fingerprint Clearance cards issued by the State of Arizona
Department of Public Safety. Although FSL is not acting in the capacity of a construction contractor
for this program, FSL does maintain an active General Contracting and HVAC Mechanical License
through the Arizona Registrar of Contractors.
2.
Provide organization’s experience and/or knowledge of the following:
a.
Building Performance Institute (BPI) rules and regulations
FSL has six staff that have been certified by the Building Performance Institute. The staff have
completed extensive classroom and in field training in order to maintain their certifications. The staff
attend training throughout the year that allow them to obtain BPI continuing education hours toward
their certifications. FSL also has an established building science training center SWBSTC. The
Training Manager is kept abreast of any changes in the BPI rules and regulations. The Training
Manager will educate FSL staff on all changes.
b. Federal grant regulations and 24 CFR 570.202 and 24 CFR 92.254
FSL has extensive experience with CDBG and Home Federal Regulations. These regulations provide
guidance on eligible and ineligible rehabilitation activities. FSL receives regular audits to ensure
regulatory compliance for their existing programs. FSL subscribes to receive direct notifications
if/when regulations change. FSL works closely with all funders to ensure interpretations of Federal
Regulations are clearly defined. Staff have access to federal regulations and programs guidance for
reference. Training is encouraged for new staff and refresher courses are recommended for seasoned
staff.
c Lead paint hazards and reduction methods and the requirements of lead paint and abatement
compliance Since 2009 FSL has successfully completed lead/asbestos abatement for 75+ homes for
the rehabilitation programs funded by various city entities. FSL is responsible for ordering testing,
reviewing test results and incorporating the abatement into the scope of work. If the area being
disturbed has tested positive for lead and is above the de minimis, abatement will be added to the
scope of work. HUD’s interior “de minimis” threshold is 2 sq. ft. per room, or 10% of a small
component type. The contractors are responsible for hiring a certified abatement contractor and
providing FSL with the clearance test upon completion of abatement.
The current FSL field staff have received Lead Renovation Repair and Paint certification and are
OSHA certified. HUD requires a clearance examination done by an independent party instead of the
certified renovator’s cleaning verification procedure. Testing is ordered through a certified testing
company that has over 20 years of experience in conducting Lead-based paint inspections/risk
assessments, asbestos and mold inspections for single-family, multi-family, commercial and
government properties according to the HUD and EPA guidelines, as well as thousands of hours of
project monitoring. The testing company has multiple staff that is US EPA Certified Lead-Based Paint
Risk Assessor and Supervisor (Arizona).
d. Accessibility modifications for persons with disabilities
Home Improvements has extensive experience with home modifications. FSL has been under contract
with the Area Agency on Aging for 20+ years to provide various modifications for homeowners facing
accessibility issues within their living environment. For the past three years, FSL has managed the
home modification program for the City of Chandler. FSL has also contracted with Arizona Health
Care Cost Containment Services ALTCS providers such as Mercy Care, United Healthcare, and
Evercare for the past 18 years to provide home modifications and accessibility adaptations. FSL
staff have knowledge of commercial ADA requirements and make every effort to apply to residential
projects when necessary and possible. FSL staff will take the time to find out what limitations the
homeowners have and be mindful when creating the scope of work. FSL has had to research new
products to meet the unique needs of the homeowners we serve. We are constantly in search of
innovative products that will assists the clients we serve to remain in their home comfortably and
safely for as long as possible.
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3.
Describe how organization defines and practices excellent customer service.
Excellent customer service can be achieved by providing clear expectations, timely responses to inquiries
and quality workmanship to the homeowners we serve. In order to practice excellent customer service FSL
must provide adequate staff time to each project/homeowner. If dedicated program staff are unavailable,
Department Manager and Program Director are available to assist. Emails and voicemails will be responded
to in a reasonable amount of time and urgent matters will be prioritized. FSL’s ultimate goal is to make the
repair process as smooth as possible for all parties. During construction, unforeseen issues will arise, the
staff will work through issues while maintaining professionalism. Upon completion of the projects, FSL
provides the homeowner with a survey. FSL encourages open feedback so that process improvements can
be made on future projects. Not all issues can be resolved to the client’s satisfaction when program
guidelines prohibit but FSL will strive to meet all expectations from homeowners and funders.
4.
Describe organization’s accounting system:
FSL uses accounting system which allows for identification of the sources and applications of funds by
program. FSL also has accounting procedures and internal controls which provide for reasonable assurance
that accounting records are supported by source documentation, accurate and complete recording of
transactions, for determining reasonableness, allowability, allocability and proper classification of costs
claimed for reimbursement with the terms of contracts and Federal Regulations and provide for
accountability for all funds, property and other assets.
a.
Experience with Generally Accepted Accounting Principles (GAAP)
Both the Controller and Accounting Manager hold Certified Public Accounting licensures and are
members of the American Institute of Certified Public Accountants. They regularly attend annual
continuing education to keep up with issues and new standards affecting the industry. Combined, they
share over 50 years of experience with FSL.
b.
Experience with 2 CFR Part 200
FSL’s Chief Operating Officer has trained nationally on the 2CFR financial management and
procurement to educate the Weatherization networks and grants management training for new DOE
grantees. She has also helped write the financial management and procurement tool kit that is
distributed to the WAP network by Dept of Energy.
FSL Accounting staff have attended continuing education on grants management and procurement
under 2 CFR Part 200 such as procurement under the Uniform Guidance.
FSL does surpass the $750,000 in federal grants through pass-through entities on an annual basis
requiring the performance of an audit under the Uniform Guidance (Single Audit).
5.
Describe organization’s experience or ability to establish and maintain a list of qualified construction
contractors/vendors:
FSL Home Improvements manages a variety of programs that require contractor services. FSL has
dedicated staff that track contractor compliance for our department. FSL has compiled an Active Contractor
list that is maintained in real time. This list is kept electronically and can be shared with funders upon
request. The list tracks AZROC license status and details on specific trade licenses, insurance expiration
dates, owner information, MBE/WBE status, Section 3 status, Lead RRP expiration dates and many more
compliance requirements. FSL will advertise annually for new contractor participation and conduct
outreach throughout the year when necessary.
a.
How are subcontractor/vendor services procured, describe procurement process.
FSL will run a public advertisement to procure additional contractors on an annual basis. All
contractors are encouraged to apply for FSL’s active contractor list through a contractor application
that requires, license information, references and proof of insurance. All contractors on FSL’s active
contractor list are screened through SAM.gov, Arizona Registrar of Contractors, Arizona Corporation
Commission and HUD Limited Denial Participation.
6.
Describe organization’s experience with management of contracts of construction contractors/vendors for
the following areas:
a.
ensuring construction contractors are licensed;
In order for a contractor to be eligible to bid on FSL projects they must fill out an application and
provide proof of licensure. For verification purposes, FSL staff search the Arizona Registrar of
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Contractors (AZROC) website https://roc.az.gov/contractor-search to make sure the license is valid.
The search is completed on all General Contractors and sub-contractors.
b.
ensuring construction contractors are appropriately insured;
As a part of the contractor eligibility process the contractor must provide insurance certificates along
with their application. FSL informs the contractor to have their insurance agents email us proof of
insurance within 30 days of their expiration dates. FSL tracks this information on our Active
Contractor list using an Excel based software called Smart Sheets. The FSL Rehab Specialist will place
a current insurance certificate in each project file. The files are given to the funder at the end of the
projects.
c.
ensuring construction contractors are in good standing with the Registrar of Contractors (ROC);
The AZROC website provides information about the active/inactive status of their license. The site
will show if the contractor has any unresolved complaints. Contractors with complaints will be placed
on our Inactive list until an evaluation can occur. FSL will request details of complaint from the
contractor and follow an evaluation process to determine if they are eligible to bid. FSL wants to
ensure that the contractors on our bid list provide quality work but also understand that some
homeowners may have unreasonable expectations.
d.
ensuring construction contractors are in good standing with the Arizona Corporation Commission; and
The FSL Rehabilitation Specialist completes a search on all contractors and sub-contractors prior to the
award of a project. The search is done on the azcc.gov website. The contractor and/or sub-contractors
are not in good standing, FSL will inform them to get this corrected before a contract can be awarded.
If the subcontractor does not comply, the General Contractor can opt to use a different sub-contractor
and the screening process will start over.
e.
ensuring construction contractors possess a Duns & Bradstreet (DUNS) number and are not debarred
from receipt of federally funded contracts.
FSL utilizes sam.gov to verify contractors are not debarred from participation in federally funding
projects. This search takes place prior to awarding a contract. The General contractor and all sub-
contractors are verified. In order for contractors to be verified in sam.gov they must have a DUNS
number. The sam.gov website allows us to verify both.
7.
Describe organization’s process for procuring a construction contractor/vendor for an individual home
improvement/rehabilitation project:
FSL Rehabilitation Specialist sends out an Invite to Bid to contractors who have been pre-approved by FSL
and hold appropriate licenses for work proposed. FSL will follow the sealed bid process and make every
effort to obtain a minimum of three bids. In some cases we may only receive two bids, this is also
allowable per HUD guidelines. If only one bid is received, FSL may rebid the entire project one additional
time and or discuss the best way to proceed with the funder. In emergency situations FSL may choose to
accept bids via email or fax to expedite if job is valued under $10,000. FSL will hold a public bid opening
to reveal results and document on a bid opening form. FSL Rehab Specialist will review bid for accuracy
and send bid results to bidding contractors within 4 business days of bid opening. FSL will inform
Maricopa County of bid results and if approved complete a Notice to Proceed and Contract with the
contractor.
8.
Describe organization’s process for facilitating and providing oversight of contracts between homeowner’s
and construction contractor/vendors performing the scope of work activities:
FSL coordinates a meeting with the client and contractor to sign contracts after the procurement process
and environmental has been approved. At this meeting FSL reviews the contract documentation with the
client and contractor and answers any questions that arise. Once the project commences, FSL is available
for consultation by both the contractor and homeowner. FSL acts as a liaison between the contractor and
homeowner to clarify scope of work components, program guidelines and quality assurance.
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EXHIBIT C
ACCOUNTING CERTIFICATION STATEMENT
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EXHIBIT D
CERTIFICATION REGARDING DEBARMENT
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EXHIBIT E
LOBBYING PACKET
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EXHIBIT F
DRUG-FREE WORKPLACE CERTIFICATION
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FSL HOME IMPROVEMENTS INC.,1201 E THOMAS RD., PHOENIX, AZ 85014
PRICING SHEET: NIGP CODE 20868
Terms:
NET 30
Vendor Number:
VC0000003767
Certificates of Insurance
Required
Contract Period:
To cover the period ending January 31, 2023.