NURSE PRACTICE READINESS AGREEMENT FINAL WITH SCHAEFFER SIGNATURE.DOCX
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CONTRACT
BETWEEN
MARICOPA COUNTY
AND
ROBIN SCHAEFFER CONSULTING, LLC
Contract No.: XXX
Contract Not-To Exceed: $738,000
Contract Start Date: November 15, 2021
Contract Termination Date: December 31, 2022
CFDA: 21.027
DUNS No. 602062515
1.0
PARTIES
1.1
This Contract is an Agreement (“Agreement”) between the Robin Schaeffer
Consulting, LLC(“Contractor”) and Maricopa County administered by its Assistant
County Manager, (“County”) to administer a program that will enhance the
partnership between nurse education institutions and Maricopa County-based
employers so that newly graduating nurses are adequately prepared to practice.
1.2
The Contractor and the County are collectively referred to as the “Parties” and
individually as a “Party.”
1.3
Maricopa County is authorized to enter into this Agreement under A.R.S. §§ 11-
201 and 11-254.04.
1.4
The Parties shall provide and perform as set forth in this Agreement. All rights and
obligations of the Parties shall be governed by the terms of this Agreement, its
exhibits, attachments, and appendices, including any Subcontracts, Amendments,
or Change Orders as set forth in this Agreement.
2.0
PURPOSE
The purpose of the Agreement is to create and implement a nursing workforce practice
readiness program for senior nursing students. The Contractor shall provide the services
identified in Exhibit A: Program Scope and Requirements.
3.0
CONTRACTOR RESPONSIBILITIES
3.1
The Contractor shall network with healthcare employers, nurse education
programs, and nursing students to create and implement a nurse preceptor
program to provide one-on-one training to students in their last six weeks prior to
graduation as described in Exhibit A, Program Scope and Requirements.
3.2
The Contractor shall identify at least five Maricopa County-based employers of
registered nurses and at least two Maricopa County-based schools of nursing to
contract with during the initial pilot phase. One of the selected employers shall be
Maricopa County Correctional Health Services and another shall be a psychiatric
crisis center.
3.3
The Contractor shall engage approximately 50 nursing students during the initial
pilot phase.
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3.4
The Contractor shall draft written agreements with employers, preceptors, nursing
schools, and/or students engaged in the Program describing services to be
delivered and payment amounts and timeframes. Agreements will be reviewed and
approved by the County.
3.5
Collection and retention of all required documents from Program participants. All
records received by Contractor for the Program will be provided to County, at no
cost, no later than December 31, 2022.
3.6
Expenditure and Performance Reporting shall be submitted as follows:
3.6.1
Monthly Expenditure and Performance Reports indicating use of funds by
phase, performance metric data, and additional reports as identified in
Exhibit A.
3.6.2
Monthly reports will be due no later than 10 days after the last day of the
month.
3.6.3
A final report to County not later than January 31, 2023 reflecting all
required data, including but not limited to: recipients of funds, amounts
paid, primary purpose of payment, and performance metric data.
3.7
Access for County and its auditors for not less than six (6) calendar years from the
date of the report to all records and materials retained by Contractor relating to the
Program, with such access to be granted during normal business hours on
reasonable notice of not less than forty-eight hours.
Accept the provision for change to scope and\or requirements to meet
requirements of any updated guidance from US Department of Treasury,
Inspector General, or other required oversight associated with the American
Rescue Plan Act funds.
3.8
All other duties and obligations detailed in Exhibit A: Program Scope and
Requirements.
4.0
COUNTY RESPONSIBILITIES
4.1
The County shall be responsible for the following:
4.1.1
Provide timely payment of Contractor's fee for services rendered and those
required by agreements entered into by the contractor with Program
participants.
4.1.2
Enter into agreements with employers, preceptors, nursing schools, and/or
students engaged in the Program describing services to be delivered and
payment amounts and timeframes. Provide timely payments based on
these agreements.
5.0
TERM
The Agreement shall be effective on the start date listed on page 1 of the Agreement
and will expire on December 31, 2022.
6.0
AGREEMENT RENEWAL
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The Agreement may be renewed by a written amendment two (2) times for a period of two
(2) years each, provided however, that Contractor is in full compliance with all terms and
conditions of this Agreement.
7.0
ADMINISTRATIVE CHANGE ORDERS
7.1
Administrative Change Orders – The Chairman of the Board of Supervisors is
authorized upon the recommendation of the Assistant County Manager and Legal
Counsel to make changes within the general scope of the Agreement on behalf of
the County through Administrative Change Orders. Administrative Change Orders
shall be approved and fully executed by the Chairman of the Board of Supervisors
and the Contractor’s authorized Representative. Administrative Change Orders
may address any of the following areas:
7.1.1
Modifications to the project timeline if the last day of the project timeline is
within the Agreement term;
7.1.2
Modifications to Budget line items if the Agreement Amount remains
unchanged;
7.1.3
Modifications required by federal, state, or County regulations, ordinances,
or policies; and
7.1.4
Modifications to Administrative requirements such as changes in reporting
periods, frequency of reports, or report formats required by Department of
Treasury or local regulations, policies, or requirements.
7.2
It is the responsibility of the Contractor to ensure the latest documents are
consulted and followed.
8.0
AMENDMENTS
All Amendments to this Agreement shall be in writing and signed by authorized signers for
both Parties.
9.0
TERMINATION
9.1
The Parties may mutually terminate or cancel this Agreement after providing the
appropriate notice, as defined in the following subsections. In the event of a
termination, the Contractor will promptly invoice the County for any approved work
in process or completed as of the termination date.
9.2
Generally, termination shall become effective after at least thirty (30) calendar days
prior written notice delivered by personal delivery or registered or certified mail,
postage prepaid and return receipt requested, to the persons at the addresses set
forth in the Notice section of this Agreement (“General Termination Notice”).
9.3
Separately, the County has the right to terminate the Agreement upon twenty-four
(24) hour notice when the County determines that the health or welfare of County
employees or Service Recipients are endangered or the Contractor’s non-
compliance jeopardizes funding source financial participation. Notice under this term
shall occur in the same manner as required under Termination Notice, at Section
9.2, above.
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9.4
Further, under A.R.S. § 38-511, the County may cancel this Agreement at any time
without penalty or further obligation within three years after execution of this
Agreement if any person significantly involved in initiating, negotiating, securing,
drafting or creating this Agreement on behalf of that Party is, at any time while this
Agreement or any extension of the Agreement is in effect, an employee or agent of
any other party to the Agreement in any capacity or consultant to any other party of
the Agreement with respect to the subject matter of the Agreement. Cancellation
under A.R.S. § 35-511 is effective when written notice from the County is received
by the Contractor, unless the notice specifies a later time (“Conflict Cancellation
Notice”). Notice under this term shall occur in the same manner as required under
Termination Notice at Section 9.2. Additionally, under 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 this Agreement arising as the result of this
Agreement.
9.5
See also Section 11.0 (Availability of Funds) for additional termination provisions.
9.6
If not terminated or cancelled under one of the above terms, then this Agreement
shall terminate upon the expiration of the Term of this Agreement.
10.0
FUNDING, INVOICING, AND PAYMENT
10.1
The funding of this Agreement is through the American Rescue Plan Act,
Coronavirus State and Local Fiscal Recovery Funds under the CFDA number of
21.027.
10.2
The Contractor shall maintain a separate fund account on Contractor's books
and records for Program records under which will be recorded receipts from
County restricted to the Program and out of which program expenditures
will be recorded, all in a manner to provide County with a record of the
transactions of the Program.
10.3
The County shall pay the Contractor an amount not to exceed $328,000 for the
administration activities as described in Section 3.0 per Exhibit B. Upon execution of
this Agreement and receipt of an approved invoice from the Contractor, the County
shall pay the Contractor the 1st $82,000 payment, as listed in Section 10.5.1, for the
activities as stated in Section 3.0.
10.4
10.5
The Contractor shall submit to the County an invoice for services based on the
following scheduling:
10.5.1
$82,000 upon execution of this contract;
10.5.2
$82,000 on January 1, 2022;
10.5.3
$82,000 on April 1, 2022; and
10.5.4
$82,000 on July 1, 2022.
10.6
The Contractor shall submit invoices to LeeAnn.Bohn@Maricopa.gov.
10.7
The County shall pay the Contractor for services on a Net 0 payment standard.
11.0
AVAILABILITY OF FUNDS
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11.1
The provisions of this Agreement relating to the payment for services shall become
effective when funds assigned for compensating the Contractor, as provided herein,
are actually available to the County for disbursement. Notwithstanding any other
provision in this Agreement, every payment obligation of the Parties under this
Agreement is conditioned upon the availability of funds appropriated and allocated
for the payment of such obligation. If funds are not appropriated, allocated and
available or if the appropriation is changed by the appropriating body resulting in
funds no longer being available for the continuance of this Agreement, this
Agreement may be terminated by the affected Party or any other affected agency
of the County or state at the end of the period for which funds are available. No
liability shall accrue to the affected Party or any other affected agency of the County
or state in the event this provision is exercised, and neither the affected Party nor
any other affected agency of the County or state shall be obligated or liable for any
future payments or for any damages due to termination under this paragraph.
11.2
The County shall be the sole authority in determining the availability of funds under
this Agreement and the County shall keep the Contractor fully informed as to the
availability of funds.
11.3
If any action is taken by any state agency, federal department or any other agency
or instrumentality to suspend, decrease, or terminate its fiscal obligation under, or
in connection with this agreement, then the County may amend, suspend, decrease
or terminate its obligations under or in connection with this Agreement. In the event
of termination, the County shall be liable for payment only for services rendered
prior to the effective date of the termination, provided that such services performed
are in accordance with the provisions of this Agreement. The County shall give
written notice of the effective date of any suspension, amendment, or termination
under this section at least ten (10) calendar days in advance.
12.0
RIGHTS IN DATA
The Parties shall have the use of all project data and reports resulting from this Agreement
without cost or other restriction, except as otherwise provided by law or applicable
regulation. Each Party shall supply to the other Party, upon request, any available
information that is relevant to this Agreement and to the performance hereunder.
13.0
AGREEMENT COMPLIANCE MONITORING
The County shall monitor the Contractor's compliance with, and performance under, the
terms and conditions of this Agreement. On-site visits for compliance monitoring may be
made by the County and/or its grantor agencies at any time during the Contractor's normal
business hours, announced or unannounced. During an on-site visit, the Contractor shall
make all of its records and accounts related to work performed and services provided under
this Agreement available to the County for inspection and copying.
14.0
AUDIT REQUIREMENTS
14.1
In accordance with A.R.S. § 11-624, the Contractor shall, at its own expense, file
with the County, either:
14.1.1 Audited financial statements prepared in accordance with federal single audit
requirements; or,
14.1.2 Financial statements prepared in accordance with generally accepted
accounting principles audited by an independent certified public accountant.
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15.0
NOTICES
For Maricopa County:
Lee Ann Bohn, Assistant County
Manager
LeeAnn.Bohn@Maricopa.gov
(602) 372-7020
301 W. Jefferson St. 9th Floor
Phoenix, AZ 85003
For Robin Schaeffer Consulting
LLC:
Robin Schaeffer
RobinSchaefferRN@gmail.com
(480) 296-8904
7438 E. Knowles Ave.
Mesa, AZ 85209
16.0
EMPLOYMENT DISCLAIMER
16.1
This Agreement is not intended to constitute, create, give rise to, or otherwise
recognize a joint venture agreement, partnership, or other formal business
association or organization of any kind between the Parties, and the rights and
obligations of the Parties shall be only those expressly set forth in this Agreement.
16.2
Each Party agrees that no individual performing under this Agreement on behalf
of the Party may be considered an agent, employee, or representative of the other
Party, and that no rights reserved for a Party shall accrue to or apply to any such
individual operating on behalf of the other Party. Each Party shall have total
responsibility for all salaries, wages, bonuses, retirement, withholdings, workers’
compensation,
occupational
disease
compensation,
unemployment
compensation, other employee benefits, and all taxes and premiums appurtenant
thereto concerning each Party’s own agents, employees, or representatives.
17.0
SAFEGUARDING OF PARTICIPANT INFORMATION
17.1
The Contractor shall observe and abide by all applicable State of Arizona and federal
statues, rules and regulations regarding the use or disclosure of information
including, but not limited to, information concerning applicants for and recipients of
contracted services. To the extent permitted by law, the Contractor shall release
information to the County, and to the Attorney’s General’s Office as required by the
terms of this Agreement, by law or upon their request.
17.2
The Contractor shall comply with the requirements of the Arizona Address
Confidentiality Program, A.R.S. § 41-161 et. seq. The County will advise the
Contractor as to applicable policies and procedures adopted for such compliance.
17.3
The use or disclosure by any Party of any information concerning an applicant for,
or recipient of, services under this Agreement is directly limited to the conduct of this
Agreement. The Contractor and its agents shall safeguard the confidentiality of this
information, just as the Contractor would safeguard its own confidential information.
The Contractor shall include a clause to this effect in all subcontracts related to this
Agreement.
18.0
INDEMNIFICATION
18.1
To the extent permitted by law, each Party (as “Indemnitor”) agrees to indemnify,
defend, and hold harmless the other Party (as “Indemnitee”) from and against any
and all claims, losses, liability, costs, or expenses (including reasonable attorney
and expert fees) (“Claims”) arising out of bodily injury (including death) of any
person or property damage, but only to the extent that such Claims, which result
in vicarious/derivative liability to the Indemnitee, are caused by the act, omission,
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negligence, misconduct, or other fault of the Indemnitor and any and all of its
agents, representatives, officials, officers, directors, employees, volunteers,
departments, agencies, boards, and commissions.
18.2
Additionally, the Contractor shall indemnify, defend, and hold harmless the County
and its agents, representatives, officials, officers, directors, employees, volunteers,
departments, agencies, boards, and commissions from and against all Claims
either arising from or related to breach of this Agreement by the Contractor and
any and all of its agents, representatives, officials, officers, directors, employees,
volunteers, departments, agencies, boards, and commissions.
19.0
INSURANCE
19.1
The Contractor shall and shall cause any of its subcontractors to purchase and
maintain the minimum insurance stipulated in this Agreement from a company or
companies duly licensed by the State of Arizona and possessing a current A.M.
Best, Inc. rating of B++6. In lieu of State of Arizona licensing, the stipulated
insurance may be purchased from a company that is or companies that are
authorized to do business in the State of Arizona, provided that such insurance
company is or companies meet the approval of the County. The form of any
insurance policies and forms must be acceptable to the County.
19.2
All insurance required under this Agreement shall be maintained in full force and
effect until all work or service required to be performed under the terms of this
Agreement is satisfactorily completed and formally accepted. Failure to do so may,
at the sole discretion of the County, constitute a material breach of this Agreement.
19.3
The Contractor’s insurance shall be primary insurance as respects the County, and
any insurance or self-insurance maintained by the County shall not contribute to it.
19.4
Any failure to comply with the claim reporting provisions of the insurance policies
or any breach of an insurance policy warranty shall not affect coverage afforded
under the insurance policies to protect the County.
19.5
The insurance policies may provide coverage that contains deductibles or self-
insured retentions. Such deductible or self-insured retentions shall not be
applicable with respect to the coverage provided to the County under those
policies. The Contractor shall be solely responsible for the deductible and/or self-
insured retention and the County, at its option, may require the Contractor to
secure payment of such deductibles or self-insured retentions by a surety bond or
an irrevocable and unconditional letter of credit.
19.6
The County reserves the right to request and to receive, within ten (10) working
days, certified copies of any or all of the insurance certificates required under this
Agreement. The County shall not be obligated to review policies or endorsements
or to advise the Contractor of any deficiencies in such policies and endorsements,
and such receipt shall not relieve the Contractor from, or be deemed a waiver of,
the County’s right to insist on strict fulfillment of the Contractor’s obligations under
this Agreement.
19.7
The policies required under this Agreement, except Workers’ Compensation, shall
contain a waiver of transfer of rights of recovery (subrogation) against the County,
its agents, representatives, officers, officials, directors, employees, volunteers,
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departments, agencies, boards, committees, and commissions for any claims
arising out of the Contractor’s work or service.
19.8
The Contractor’s policies shall stipulate that the insurance afforded the Contractor
shall be primary insurance and that any insurance carried by the County and its
agents, representatives, officers, officials, directors, employees, volunteers,
departments, agencies, boards, committees, and commissions shall be excess
and not contributory insurance, as provided by state (see A.R.S. § 41-621).
19.9
Workers’ Compensation: Workers’ Compensation insurance to cover obligations
imposed by federal and state statutes having jurisdiction of the Contractor’s
employees engaged in the performance of the work or services under this
Agreement; and Employer’s Liability insurance of not less than $500,000 for each
accident, $500,000 disease for each employee, and $500,000 disease policy limit.
19.10 Auto Liability: Auto liability insurance with a limit of not less than $500,000 for each
occurrence.
19.11 The Contractor waives all rights against the County and its agents,
representatives, officers, officials, directors, employees, volunteers, departments,
agencies, boards, committees, and commissions for recovery of damages to the
extent these damages are covered by the Workers’ Compensation and Auto
Liability insurance obtained by the Contractor pursuant to this Agreement.
19.12 Coverage for this type of claim, or allegation, is excluded from standard general
liability policies. Therefore, sub (contractors) whose services include working with
or caring for (or both) children, elderly persons, and disabled persons should have
those policies specifically endorsed to include this coverage.
19.13 Certificates of Insurance: Upon Agreement execution, the Contractor shall
furnish the County with valid and complete certificates of insurance or formal
endorsements as required by the Agreement, issued by the Contractor’s insurer(s),
as evidence that policies providing the required coverage, conditions and limits
required by this Agreement are in full force and effect. Such certificates shall
identify this Agreement number and title.
19.14 Prior to commencing work or services under this Agreement, the Contractor shall
have insurance in effect as required by the Agreement in the form provided by the
County, issued by the Contractor’s insurer(s), as evidence that policies providing
the required coverage, conditions and limits required by this Agreement are in full
force and effect. Such certificates shall be made available to the County upon ten
(10) business days. BY SIGNING THE AGREEMENT PAGE, THE CONTRACTOR
AGREES TO THIS REQUIREMENT AND FAILURE TO MEET THIS
REQUIREMENT WILL RESULT IN CANCELLATION OF AGREEMENT.
19.15 In the event any insurance policy(ies) required by this Agreement is (are) written
on a “claims made” basis, coverage shall extend for two years past completion and
acceptance of the Contractor’s work or services and as evidenced by annual
Certificates of Insurance.
19.16 If a policy does expire during the life of the Agreement, a renewal certificate must
be sent to County fifteen (15) days prior to the expiration date.
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19.17 Cancellation and Expiration Notice: Insurance required herein shall not be
permitted to expire, be canceled, or materially changed without thirty (30) days
prior written notice to the County.
19.18 If the Contractor provides professional or semi-professional personal services
under this agreement for which malpractice or professional liability coverage is
available, such as medical, psychiatric, or legal services, Contractor shall carry
minimum liability coverage of $2,000,000 each occurrence and provide the County
with proof of coverage.
19.19 Subcontractors: The Contractor’s certificate(s) shall include all subcontractors as
insureds under its policies or Contractor shall furnish to Maricopa County separate
certificates for each subcontractor. All coverages for subcontractors shall be
subject to the minimum requirements identified above.
19.20 Approval: Any modification or variation from the insurance requirements in any
Agreement must have prior approval from the County whose decision shall be final.
Such action will not require a formal Agreement amendment, but may be made by
administrative action.
20.0
COMPLIANCE WITH APPLICABLE LAWS
The Contractor shall comply with all applicable federal, state, and local laws, rules,
regulations, executive orders, and court orders without limitation to those designated in
this Agreement.
21.0
DRUG FREE WORKPLACE ACT
The Contractor agrees to comply with the Drug-Free Workplace Act of 1988 (41 U.S.C. §§
701, et seq.), which requires that the Contractor and grantees of federal funds must certify
that they will provide drug-free workplaces that comply with federal law. This certification is
a precondition to receiving a grant or entering into this Agreement.
22.0
CLEAN AIR ACT & CLEAN WATER ACT
To the extent applicable, the Contractor shall comply with all applicable standards, orders,
or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h), section
508 of the Clean Water Act (33 U.S.C. §§1368, et seq.) Executive Order 11738, and
Environmental Protection Agency regulations (40 C.F.R. Part 15).
23.0
RELIGIOUS ACTIVITIES
The Contractor warrants that none of its costs and none of the costs incurred by any
subcontractor will include any expense for any religious activity.
24.0
POLITICAL ACTIVITY PROHIBITED
None of the funds, materials, property or services contributed by the County or the
Contractor under this Agreement shall be used for any partisan political activity, or to further
the election or defeat of any candidate for public office.
25.0
CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY AND
VOLUNTARY EXCLUSION
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25.1
The undersigned, by signing this Agreement, represents that he or she has the
authority to bind the Contractor to the terms of this Certification. The Contractor
certifies to the best of its knowledge and belief that it and its principals:
25.1.1 Are not presently debarred, suspended, proposed for debarment, declared
ineligible or voluntarily excluded from covered transactions by any federal
department or agency;
25.1.2 Have not within a 3-year period preceding the Agreement Start Date, been
convicted of or had a civil judgment rendered against them for (1) the
commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (federal, state, or local)
transaction or contract under a public transaction; (2) the violation of any
federal or State antitrust statutes, or (3) the commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
25.1.3 Are not presently indicted or otherwise criminally or civilly charged by a
governmental entity (federal, State, or local) with commission of any of the
offenses enumerated in subparagraph 25.1.2 above (2) of this certification;
25.1.4 Have not, within a 3-year period preceding this Agreement, had one or more
public transactions (federal, state, or local) terminated for cause or default;
25.1.5 Shall immediately notify the County if, at any time during the term of this
Agreement, it is debarred, suspended, declared ineligible, or voluntarily
excluded from participation. The County may pursue available remedies in
the event of such occurrence, including immediate termination of this
Agreement; and
25.1.6 Shall not enter into a subcontract or sub-recipient agreement with any person
or organization that is debarred, suspended, declared ineligible, or
voluntarily excluded from participation. The County may pursue available
remedies in the event of such occurrence, including immediate termination
of this Agreement without liability.
25.1.7 The Contractor shall include, without modification, this language of this
Certification,
in
all
agreements
with
sub-recipients
and
other
sub(contractors); in all lower tier covered transactions, and in all solicitations
for lower tier covered transactions in accordance with 45 C.F.R. Part 76.
25.1.8 If the Contractor is not able to provide this Certification, an explanation as to
why shall be immediately provided to the County, Attention: Assistant
Director Community Development Division, at the address set forth on the
Notice section of this Agreement.
26.0
MINIMUM WAGE REQUIREMENTS
The Contractor warrants that it shall pay all its employees who are performing work or
providing services under this Agreement not less than the minimum wage specified under
Section 206(a)(1) of the Fair Labor Standards Act of 1938, as amended (29 U.S.C. §§
201, et seq.) by law, regulation, Executive Order 13658, or as required by Arizona law.
27.0
RECOGNITION OF COUNTY SUPPORT
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The Contractor shall give recognition to the County and the funding source for its support
when the Contractor publishes materials or releases public information that is paid for in
whole or in part with funds supporting the services under this Agreement.
28.0
CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO
INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS
28.1
The Contractor agrees that this Agreement and employees working on this
Agreement 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;
28.2
The 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 the Contractor
and copies provided to the County upon request; and,
28.3
The Contractor shall insert the substance of this clause, including this paragraph
(3), in all subcontracts over the simplified acquisition threshold ($250,000 as of
June 2021).
29.0
EQUAL EMPLOYMENT OPPORTUNITY
The Contractor shall not discriminate against any employee or applicant for employment
because of race, age, disability, color, religion, sex, sexual identity, gender identity, or
national origin. The Contractor shall take affirmative action to ensure that applicants are
employed and that employees are treated during employment without regard to their race,
age, disability, color, religion, sex, sexual identity, gender identity or national origin. Such
action shall include, but is not limited to, the following: employment, upgrading, demotion
or transfer, recruitment or recruitment advertising, lay-off or termination, rates of pay or
other forms of compensation, and selection for training, including apprenticeship. The
Contractor shall, to the extent such provisions apply, comply with Title VI and VII of the
Civil Rights Act of 1964, as amended (42 U.S.C. §§ 2000a, et seq.); the Rehabilitation Act
of 1973, as amended (29 U.S.C. §§ 701, et seq.); the Age Discrimination in Employment
Act of 1967, as amended (29 U.S.C. §§ 621, et seq.); the Americans With Disabilities Act
of 1990 (42 U.S.C. §§ 12101, et seq.); and Executive Orders 11375 amending Executive
Order 11246 and implementing regulations at 41 CFR part 60, as well as, Arizona
Executive Order 2009-09, which mandates that all persons shall have equal access to
employment opportunities.
30.0
DISABILITY REQUIREMENTS
The Contractor agrees that any electronic or information technology offered under this
Agreement shall comply with A.R.S. §§41-2532 and 2533 and Section 508 of the
Rehabilitation Act of 1973, which requires that employees and members of the public shall
have access to and use of information technology that is comparable to the access and
use by employees and members of the public who are not individuals with disabilities.
31.0
RETENTION OF RECORDS
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31.1
This provision applies to all financial and programmatic records, supporting
document, statistical records, and other records of the Contractor that are related
to this Agreement.
31.2
The Parties shall retain all records relevant to this Agreement for six (6) years after
expiration of this Agreement or after resolution of any audit, whichever is longer.
The County, federal, and State of Arizona auditors, and any other persons duly
authorized by the County, shall have full access to and the right to examine, copy,
and make use of any and all of the records.
32.0
DISPOSAL OF PROPERTY
Upon termination of this Agreement, any property involved shall revert to the owner.
33.0
UNIFORM ADMINISTRATIVE REQUIREMENTS
By entering into this Agreement, 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 2 C.F.R. § 200, et seq.
34.0
IMMIGRATION LAWS AND REGULATIONS
34.1
Federal Immigration and Nationality Act
34.1.1 The Contractor understands and acknowledges the applicability of the
Immigration Reform and Control Act of 1986 (IRCA). The Contractor
agrees to comply with the IRCA in performing under this Agreement and to
permit the County to inspect personnel records to verify such compliance.
34.1.2 By entering into this Agreement, both Parties warrant compliance with the
Federal Immigration and Nationality Act (FINA) and all other Federal
immigration laws and regulations related to the immigration status of its
employees.
The
Contactor
shall
obtain
statements
from
their
subcontractors certifying compliance and shall furnish the statements to
the Deputy Director upon request. These warranties shall remain in effect
through the term of the Agreement. The Contractor and their
subcontractors shall also maintain Employment Eligibility Verification forms
(I-9) as required by the U.S. Department of Labor’s Immigration and Control
Act for all employees performing work under the Agreement. I-9 forms are
available for download at USCIS.GOV.
34.1.3 The County may request verification of compliance for any employee or
subcontractor performing work under the Agreement. Should the County
suspect or find that the Contractor or any of its subcontractors are not in
compliance, then the County may pursue any and all remedies allowed by
law, including, but not limited to: suspension of work, termination of the
Agreement for default, and suspension and/or debarment of the
Contractor. All costs necessary to verify compliance are the responsibility
of the Contractor or its subcontractor.
34.2
Arizona Law: The Contractor warrants that it is in compliance with A.R.S. § 41-
4401 (e-verify requirements) and further acknowledges:
Page 13 of 18
34.2.1 That the Contractor and its vendors, if any, warrant their compliance with
all federal immigration laws and regulations that relate to their employees
and their compliance with A.R.S. § 23-214;
34.2.2 That a breach of a warranty under subsection 1 above, shall be deemed a
material breach of this Agreement and the County may immediately
terminate this Agreement without liability;
34.2.3 That the County and any contracting government entity retains the legal
right to inspect the papers and employment records of any Contractor or
vendor’s employee who works on this Agreement to ensure that the
Contractor or vendor is complying with the warranty provided under
subsection 34.1 above and that the Contractor agrees to make all papers
and employment records of said employee(s) available during normal
working hours in order to facilitate such an inspection.
35.0
SUSPENSION OF WORK
The County 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 County 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.
36.0
STOP WORK ORDER
36.1
The County 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:
36.1.1
cancel the stop work order; or
36.1.2
terminate the work covered by the order as provided in the Termination
for Default or the Termination for Convenience clause of this contract.
36.1.3
The County 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
37.0
CONTRACTOR EMPLOYEE MANAGEMENT
Page 14 of 18
37.1
Contractor shall endeavor to maintain the personnel throughout the performance
of this contract.
37.2
If Contractor’s lead personnel’s employment status changes, Contractor shall
provide County a list of proposed replacements with equivalent or greater
experience.
37.3
Under no circumstances shall the schedule to be impacted by a personnel change
on the part of the Contractor.
37.4
County reserves the right to request the replacement of any Contractor personnel
at any time, for any reason.
38.0
SEVERABILITY
Any provision of this Agreement that is determined to be invalid, void, or illegal by a court
shall in no way affect, impair or invalidate any other provision hereof, and the remaining
provisions shall remain in full force and effect.
39.0
GOVERNING LAW
This Agreement is governed by the laws of the state of Arizona. Venue for any actions or
lawsuits involving this Agreement will be in Maricopa County Superior Court or in the
United States District Court for the District of Arizona, sitting in Phoenix, Arizona.
40.0
WRITTEN CERTIFICATION PURSUANT TO A.R.S. § 35-393.01
If the Contractor engages in for-profit activity and has 10 or more employees, and if this
Agreement has a value of $100,000 or more, then the Contractor certifies it is not currently
engaged in and agrees for the duration of this Agreement not to engage in, a boycott of
goods and 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.
41.0
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.
42.0
INCORPORATION OF DOCUMENTS
The following are to be attached to and made part of this Contract:
42.1.1
Exhibit A – Program Scope and Requirements
42.1.2
Exhibit B – Vendor Information and Program Budget
Page 15 of 18
IN WITNESS, the undersigned warrant they are authorized to execute this Agreement on behalf
of each Party and that this Agreement is therefore binding on the Parties:
APPROVED BY:
ROBIN SCHAEFFER CONSULTING LLC
APPROVED BY:
MARICOPA COUNTY
___________________________
Robin Schaeffer
11/29/2021
________________________
Date
_________________________________
Jack Sellers, Chairman
Board of Supervisors
________________________________
Date
Attested to:
________________________________
Clerk, Board of Supervisors
________________________________
Date
APPROVED AS TO FORM
__________________________________
Deputy County Attorney
Date
Page 16 of 18
Exhibit A: Program Scope and Requirements
New Nurse Graduate Practice Readiness Pilot Program
Project Objectives:
Increase the practice readiness of the New Graduate Nurse (NGN) through a partnership with
schools of nursing and employers.
Increase nurse retention.
Build a pool of NGN ready to hire upon graduation.
Protect patient safety.
Background:
Healthcare organizations in Arizona are reporting high nurse vacancy rates. Nurse vacancy rates can
directly impact patient safety. In April 2021 there were 5,685 RN job vacancies in Maricopa County,
a 40% increase in the vacancy rate compared to April, 2020. Vacancies can be attributed to a
convergence of aging and retiring nurses working in hospitals and the community, aging and retiring
nursing faculty, an aging population requiring a higher level of nursing care, and most recently, the
COVID-19 pandemic.
Maricopa County graduates over 1,000 New Graduate Nurses (NGNs) per year however, nurse
leaders continue to report significant NGN job turnover, with NGNs often leaving their first job or
the profession permanently within the first 2 years of graduation. Some reported reasons include
emotional exhaustion, understaffing, burnout, and moral distress.
Employers are responsible for onboarding newly hired NGN, often utilizing nursing preceptors to
oversee the orientation phase of a newly hired nurse. Best practice models for onboarding NGNs
include Nurse Residency or Transition to Practice programs, however these models are not
standardized, and not available at all organizations. Challenges to these programs include cost of
program, available nurses to precept the NGN, staffing challenges, and strategies to bridge the
education-practice gap.
The education-practice gap is a well-documented challenge facing the nursing workforce. Even
before the COVID-19 pandemic, nursing schools in Arizona and across the nation were challenged to
find clinical placements for nursing students. COVID-19 has amplified clinical placement challenges.
Lack of hands-on clinical experiences can lead to the NGN lacking the knowledge, confidence, and
skills to be considered practice ready. As a result of the COVID-19 pandemic, Arizona employers
now report an even larger education-practice gap, recognizing a growing deficit in practice
readiness. This has forced many employers to extend the onboarding timeframe of NGNs to assure
patient safety. The average cost of onboarding each NGN prior to COVID-19 was approximately the
cost of their annual salary (2020 median salary was $75,330 per year: source, Bureau of Labor
Statistics). Extending the onboarding timeframe negatively impacts the financial bottom line of the
health care institution.
Nursing schools and employers are currently exploring new ways to educate NGNs to address this
growing gap. Both nursing schools and health care employers agree that hands-on clinical
experience, including those provided by nursing preceptors, yields the highest probability of
producing a practice-ready nurse.
Page 17 of 18
Scope of Work
Contractor will assist Maricopa County with increasing the practice readiness of NGNs by creating
and implementing a nursing workforce practice readiness program for senior nursing students. This
model would enhance the partnership between education and practice using nursing faculty and
specially trained practice-based nurse preceptors. These preceptors would work one on one with
senior nursing students during their last 6 weeks prior to graduation. Model will include covering
costs associated with preceptors, nursing faculty, and incentives/grants for nursing students.
Maricopa County will begin with a pilot program over a 1-year period. The pilot program will
include:
50 senior nursing students from 2 to 3 schools of nursing
At least five employers of RNs to include hospital settings and community settings
o
Correctional Health Services shall be one of the selected employers
o
A psychiatric crisis center shall be one of the selected employers
Page 18 of 18
EXHIBIT B
CONTRACTOR INFORMATION AND PROGRAM BUDGET
SERIAL
NIGP CODE:
CONTRACTOR'S NAME:
COUNTY VENDOR NUMBER:
ADDRESS:
P.O. ADDRESS:
TELEPHONE NUMBER:
FACSIMILE NUMBER:
N/A
WEB SITE:
CONTACT (REPRESENTATIVE):
REPRESENTATIVE'S E-MAIL ADDRESS:
Payment Terms: Net 0 days
Phase
Estimated*
Contractor (Paid
to contractor by
County)
Estimated* Program
Expense (paid by
County to program
participants)
Total
Build Model (includes 10 hours of
roundtable meetings and 100
hours of consultant fees)
100,000
-
100,000
Project Management
228,000
-
228,000
Preceptor Training Program:
Development and Delivery
25,000
-
25,000
Preceptor
Program
Oversight,
Liaison, Troubleshooter
75,000
-
75,000
Continuing Education credits for
Preceptor course
-
5,000
5,000
Preceptor stipend
-
125,000
125,000
Employer reimbursement for
nursing student oversight
-
135,000
135,000
Nursing school reimbursement for
student capstone experience
oversight
-
20,000
20,000
Nursing student incentive/grant
-
25,000
25,000
Total
428,000
310,000
738,000
*Line item amounts may vary slightly.
Maricopa County will pay contractor in four equal installments for their expenses as outlined in
agreement. Payments to Program Participants (preceptors, employers, nursing schools, and students)
will be made by Maricopa County pursuant to agreements established by contractor and approved by
the County.