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CITY OF PHOENIX – ARIZONA STATE UNIVERSITY
INTERGOVERNMENTAL AGREEMENT FOR SUBAWARD OF CORONAVIRUS
LOCAL FISCAL RECOVERY FUNDS
AGREEMENT NO.
Page 2
TABLE OF CONTENTS
RECITALS ...................................................................................................................... 4
1.
AMOUNT & USE OF SUBAWARD ....................................................................... 5
2.
TERM OF AGREEMENT ....................................................................................... 5
3.
EXHIBITS ............................................................................................................. 5
4.
FUNDING .............................................................................................................. 5
5.
ALLOWABLE COSTS ........................................................................................... 6
6.
REQUEST FOR PAYMENT .................................................................................. 6
7.
INTERNAL SYSTEMS POLICIES AND PROCEDURES ...................................... 8
8.
AUDITS/RECORDS ............................................................................................... 8
9.
INDEPENDENT CONTRACTOR STATUS; EMPLOYMENT DISCLAIMER ......... 9
10.
LEGAL WORKER REQUIREMENTS .................................................................... 9
11.
CONFIDENTIALITY AND DATA SECURITY ........................................................ 9
12.
CONTACTS WITH THIRD PARTIES .................................................................. 11
13.
COMPLIANCE WITH LAWS ............................................................................... 12
14.
AMENDMENTS ................................................................................................. ..12
15.
NO ORAL ALTERATIONS ................................................................................ ..12
16.
INTEGRATION .................................................................................................... 12
17.
GOVERNING LAW; FORUM; VENUE .............................................................. ..13
18.
TERMINATION FOR CAUSE AND FOR CONVENIENCE ............................... ..13
19.
NO ISRAEL BOYCOTT ....................................................................................... 13
20.
LAWFUL PRESENCE ....................................................................................... ..13
21.
EQUAL EMPLOYMENT OPPORTUNITY AND PAY .......................................... 14
22.
DEFENSE AND INDEMNIFICATION ................................................................ ..14
23.
COMPLIANCE WITH TERMS OF FUNDING .................................................... ..15
24.
COMPLIANCE WITH UNIFORM REQUIREMENTS ......................................... ..16
25.
NON-PROFIT STATUS AND REPORTING ........................................................16
26.
RELIGIOUS ACTIVITIES .................................................................................... 16
27.
CONFLICTS OF INTEREST .............................................................................. ..16
28.
INDEBTEDNESS TO INTERNAL REVENUE SERVICE OR OTHER PUBLIC
ENTITY .............................................................................................................. ..17
29.
NATIONAL ORIGIN ............................................................................................. 17
30.
SYSTEM FOR AWARD MANAGEMENT AND UNIVERSAL IDENTIFIER
REQUIREMENTS .............................................................................................. ..17
31.
ONLINE SEARCHABLE DATABASES ............................................................ ..18
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32.
HUMAN TRAFFICKING .................................................................................... ..18
33.
ASSIGNMENT ................................................................................................... ..18
34.
INSURANCE ..................................................................................................... ..18
35.
BACKGROUND CHECKS ................................................................................ ..18
36.
NOTICES ........................................................................................................... ..18
37.
CLAIMS OR DEMANDS AGAINST THE CITY: .................................................. 19
38.
CONTINUATION DURING DISPUTES ............................................................. ..19
39.
CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S
BUSINESS ENTERPRISES, AND DISADVANTAGED BUSINESS ................... 20
40.
DEFAULT/REMEDIES ........................................................................................ 20
41.
FORCE MAJEURE .............................................................................................. 21
42.
ADDITIONAL FEDERAL REQUIREMENTS ………………………………………21
43.
FISCAL YEAR CLAUSE..….………………………………………………………….21
44.
PROFESSIONAL COMPETENCY………………………………………….……….21
45.
LEVEL OF CARE AND SKILL……………………………...……………………….21
46.
NO THIRD PARTY BENEFICIARIES.………………………………………………21
47.
SERVICE MARKS AND TRADEMARKS. ..………………………………………..21
EXHIBIT A – SCOPE OF WORK
EXHIBIT B – ITEMIZED SERVICE BUDGET
EXHIBIT C – SELF INSURANCE LETTER
EXHIBIT D – BACKGROUND SCREENING REQUIREMENTS
EXHIBIT E – ADDITIONAL FEDERAL TERMS
EXHIBIT F - COST ALLOCATION MATRIX AND PLAN
EXHIBIT G - ASU FEDERAL INDIRECT COST RATE AGREEMENT
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CITY OF PHOENIX – ARIZONA STATE UNIVERSITY
INTERGOVERNMENTAL AGREEMENT FOR SUBAWARD OF CORONAVIRUS
LOCAL FISCAL RECOVERY FUNDS
Subrecipient Data Universal Number System (“DUNS”): 943360412
Federal Award Identification Number and Date: OMB Approved No. 1505-0271, 3/11/21
CFDA Number and Name: 21.027 – Coronavirus State and Local Fiscal Recovery Funds
This Intergovernmental Subrecipient Agreement (“Agreement”) is hereby entered into by
and between the City of Phoenix, a municipal corporation of the State of Arizona
(hereinafter referred to as “City”) and The Arizona Board of Regents for and on behalf of
Arizona State University (hereinafter referred to as “Subrecipient” or “ASU”)
(collectively the “Parties”) to set forth the objectives, understandings, and agreements
between the Parties in connection with the subaward of grant funds as described herein.
RECITALS
A.
The City has been allocated funds from the Coronavirus Local Fiscal Recovery
Fund pursuant to the American Rescue Plan Act (“ARPA”) for the purpose of, among
others, responding to the public health emergency with respect to the Coronavirus
Disease 2019 (COVID-19) and its negative economic impact.
B.
The Parties share a common interest in advancing the educational opportunities of
low-income K-8 students, a population whose educations have been disproportionality
interrupted due to changes in instructional methods necessitated by the outbreak of
COVID-19 in the Phoenix area.
C.
ASU has developed a program that provides low-income families with educational
resources to engage their K-8 children at home and matches children from low-income
communities with an ASU student as their tutor/mentor during tutoring sessions held at
public facilities.
D.
The City desires to providing funding for the Program defined herein for the benefit
of low-income K-8 students as set forth in this Agreement.
E.
ASU is a State Controlled Institution of Higher Education eligible for transfer of
Coronavirus Local Fiscal Recovery Funds under ARPA § 603(c)(3) and United States
Department of Treasury Final Rule on Coronavirus State and Local Fiscal Recovery
Funds, 87 Fed. Reg. 4338 (Jan. 27, 2022).
F.
The Parties are authorized to enter into this Agreement pursuant to Arizona
Revised Statutes (“A.R.S.”) §§ 11-951 through 11-954. The City is also authorized to
enter into this Agreement pursuant to its City Charter, Chapter II, Section 2(i).
G.
ASU is empowered by A.R.S. §§15-1625, et seq., to enter into this Agreement and
has delegated to the undersigned the authority to execute this Agreement on behalf of
ASU.
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H.
The performance of this Agreement is consistent, compatible, and beneficial to the
role and mission of ASU to provide educational experiences for low-income students and
to encourage and support research and related educational activities. This mission aligns
with the purposes of the Coronavirus Local Fiscal Recovery Fund “to respond to the
public health emergency with respect to the Coronavirus Disease 2019 (COVID-19) or its
negative economic impacts.” ARPA § 603(c)(1)(A).
NOW, THEREFORE, in consideration of the mutual promises and covenants herein
contained and intending to be legally bound, the City and Subrecipient agree as follows:
1. AMOUNT & USE OF SUBAWARD
The City will allocate and contribute up to $290,108.86 (“Subaward”) to Subrecipient
to carry out the program described in Exhibit A, Scope of Work (the “Program”).
The Subaward must be managed in accordance with this Agreement and applicable
law.
2. TERM OF AGREEMENT
This Agreement shall become effective on or about February 1, 2022 and shall
terminate on December 31, 2023 unless terminated sooner in accordance with this
Agreement. This Agreement may terminate upon the earliest occurrence of any of the
following:
• Reaching the end of the term as set forth above;
• Payment of the maximum compensation under Sections 1 and 4;
• Reaching the funding expenditure deadline; or
• Termination pursuant to the provisions of this Agreement.
3. EXHIBITS
The performance of this Agreement shall be conducted in accordance with:
Exhibit A – Scope of Work
Exhibit B – Itemized Service Budget
Exhibit C – Self-Insurance Letter
Exhibit D – Background Screening Requirements
Exhibit E – Additional Federal Requirements
Exhibit F – Cost Allocation Matrix and Plan
Exhibit G – ASU Federal Indirect Cost Rate Agreement
All of which are incorporated herein by this reference.
4. FUNDING
Subrecipient acknowledges that all funds to be provided pursuant to this Agreement
will be provided as a subaward of federal ARPA funds and Subrecipient agrees to
comply with regulations, laws, and guidelines for applicable federal funding sources as
identified herein or as may be issued over the course of this Agreement.
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4.1 Subject to the terms, covenants and conditions of this Agreement, the City will
reimburse the Subrecipient in an amount not to exceed $290,108.86 for allowable
costs described in Exhibit B –Itemized Service Budget.
4.2 Subrecipient specifically agrees to be responsible for all Program costs in excess
of the Subaward.
4.3 The City will disburse portions of the monies in such amounts and increments as
may be approved by the City to reimburse Subrecipient for allowable costs
reflected in Exhibit B –Itemized Service Budget upon submission by
Subrecipient of proper invoices and supporting documentation, as required by the
City in its reasonable discretion and by applicable law.
4.4 This Agreement is subject to the availability of federal funds to the City. The City
shall promptly notify Subrecipient in writing of any modifications, payments, delays
or cancellations of said ARPA funding.
4.5 No funds will be allocated to Subrecipient after December 31, 2024.
4.6 Any failure to comply with the approved budget is at the risk of Subrecipient. The
City is not required to reimburse Subrecipient for expenditures which were not
approved by the City.
4.7 As applicable, if Subrecipient services are operated in a manner in which
recipients of the services are provided services within the same program(s) from
another funding stream, Subrecipient shall provide to the City (a) a matrix
identifying the shared use of such program services; and (b) a cost-allocation plan
which documents and explains how program costs are appropriately charged to
each program so as to assure the funds provided hereunder do not subsidize such
other program(s). The City has the right to approve such cost allocation plan which
must be attached to the annual budget. The Parties acknowledge ASU student
tutors are compensated through ASU’s federal work study program. The Subaward
provided under this Agreement will not be used for this purpose.
5. ALLOWABLE COSTS
Subrecipient expressly understands and agrees that the allowability of costs shall be
determined in accordance with, as applicable, the terms of the ARPA, any guidance
issued by the U.S. Department of Treasury (“Treasury”) or the City, and 2 CFR Part
200, Subpart E. Subrecipient is liable for payment of any costs incurred by
Subrecipient under this Agreement which are not allowable. Subrecipient will remit to
the City any amounts which were paid pursuant to this Agreement and used to cover
disallowed costs.
6. REQUEST FOR PAYMENT
6.1 Subrecipient will submit monthly invoices on or before the 15th calendar day of
each month which follows a month in which Subrecipient incurred allowable costs.
Each invoice will be accompanied with itemized receipts. Invoices will be
submitted free of mathematical errors and with all supporting documentation. All
appropriate documentation will be provided that supports the charges reflected in
the monthly invoice. Upon finding of an error and/or missing documentation, the
City will return the invoice to Subrecipient. Subrecipient will promptly resubmit the
revised invoice to the City. Each revised invoice will document the date that the
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revised invoice is submitted to the City. Failure of City to identify an error does not
waive any of the City’s rights.
The City will direct questions regarding payment to the person issuing the
invoice or to cashmanagement@asu.edu
6.2 Invoice will be submitted to: Wendy Resnik, wendy.resnik@phoenix.gov.
6.3 The City will review expenditure reports and will make payment to Subrecipient of
any undisputed amounts within 45 calendar days of the City’s approval of a
properly completed and documented invoice.
6.4 The City reserves the right to request proper supporting documentation of any
costs/charges under this Agreement for its oversight and monitoring purposes.
6.5 If the City requires additional financial data from Subrecipient to be responsive to
any requests from the U.S. Department of Treasury or other federal entities
pertaining to ARPA funding under this Agreement, Subrecipient will respond to the
City in a timely manner.
6.6 Subrecipient reserves the right to subject invoices not paid within 45 calendar days
of the City’s approval of a properly completed and documented invoice to a 1% per
month late fee on the unpaid balance for any amounts not in dispute. Subrecipient
reserves the right to discontinue or delay the performance of this Agreement if City
fails to make payments in accordance with Section 6.3, above.
In the event of non-payment, Subrecipient may terminate all further work on the
Program and seek full payment from the City for all reimbursable costs, pursuant
to the termination clause of this Agreement including the collection of payment.
If it becomes necessary for Subrecipient to commence collection proceedings, the
City will pay the attorneys’ fees and the costs of collection incurred by
Subrecipient.
6.7 Payment Recoupment. Subrecipient must reimburse the City upon demand upon
the following:
a. Any amounts received by Subrecipient from the City for costs which have
been inaccurately reported or are found to be unsubstantiated.
b. Any amount or benefit paid directly or indirectly to an individual or
organization not in accordance with the information disclosed in a Conflict of
Interest Disclosure Questionnaire.
c. Any amount paid with the subaward for goods or services that duplicate
services covered by other specific grants and Agreements.
d. Any amounts expended for items or purposes determined unallowable by
the City.
e. Any amounts paid by the City for which Subrecipient's books, records, and
other documents are not sufficient to clearly substantiate that those
amounts were used by Subrecipient in accordance with this Agreement and
applicable law.
f. Any amount identified as a financial audit exception.
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g. Any amounts paid or reimbursed in excess of this Agreement.
h. Any payments made for services rendered before the Agreement begin date
or after the Agreement termination date or other later payment deadline.
i. Any amounts paid by Subrecipient to a subcontractor not authorized in
writing by the City.
6.8 Payment To Third Parties. Subrecipient will be solely responsible for issuing
payment for services performed by its employees, contractors, suppliers, or any
other third party in the furtherance of the performance or arising out of this
Agreement. Subrecipient will, at the City's request, furnish satisfactory evidence
that all obligations designated above have been paid, discharged or waived.
7. INTERNAL SYSTEMS POLICIES AND PROCEDURES
7.1 Subrecipient will maintain or establish and implement systems, written policies
and procedures governing personnel, financial management and programmatic
management, as set forth in 2 CFR Part 200, as applicable, and any U.S.
Department Treasury guidance.
7.2 Subrecipient will maintain financial systems in accordance with Generally
Accepted Accounting Principles (GAAP) as issued by the Governmental
Accounting Standards Board (GASB) for state and local governmental entities or
by the Financial Accounting Standards Board (FASB) for non-governmental
entities. And, as applicable, pursuant to 2 CFR Part 200, to ensure that costs are
reasonable and necessary for the purposes of the subaward, and funds are not
used for expenses unrelated to the performance of this Agreement.
7.3 Subrecipient will maintain separate accounts for the Subaward.
7.4 Further, Subrecipient’s financial management systems must include standard
accounting practices, sufficient internal controls, a clear audit trail, and written cost
allocation procedures, as necessary.
7.5 Subrecipient’s financial management systems must also be capable of
distinguishing expenditures attributable to this Agreement and those not
attributable to this Agreement ad must be able to identify costs by program year
and budget category, as well as distinguishing between direct and indirect costs.
8. AUDITS/RECORDS
8.1 The City, the U.S. Department of Treasury, the Comptroller General of the United
States, the Government Accounting Office or any of their duly authorized
representatives shall have access to any books, documents, papers and records of
Subrecipient’s which are pertinent to any activity performed under this Agreement
as required under 2 CFR §§ 200.334-.338. for the purpose of making audit,
examination, excerpts and transcriptions. Subrecipient shall keep and maintain
such books, documents, papers and records in accordance with 2 CFR 200.334–
.338 and for a period of at least five (5) years after the expiration or termination of
this Agreement. The City’s right of access is not limited to the retention period but
lasts so long as the records are retained by Subrecipient. Subrecipient will permit
independent auditor’s access to its records and financial statements as necessary
to comply with federal audit requirements. Failure to comply with requirements of
this Section will be deemed to be a default under this Agreement.
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8.2 Subrecipient shall submit a financial audit within one hundred eighty (180) days
after the close of Subrecipient’s fiscal year during which the aggregate of federal
grant funds expended from all sources both inclusive and exclusive of this
Agreement is Seven Hundred-Fifty Thousand Dollars ($750,000) or more. The
audit shall be in conformance with the audit requirements of 2 CFR Part 200,
Subpart F.
9. INDEPENDENT CONTRACTOR STATUS; EMPLOYMENT DISCLAIMER
9.1 The Parties agree that the relationship created by this Agreement is that of
independent contractors. Neither Subrecipient nor any of Subrecipient’s agents,
employees or helpers will be deemed to be an employee, agent, or servant of the
City.
9.2 This Agreement is not intended to constitute, create or give rise to, or otherwise
recognize a joint venture, partnership or formal business association or
organization of any kind, and the rights and obligations of the parties will be only
those expressly set forth in this Agreement.
9.3 The Parties agree that no individual performing under this Agreement on behalf of
Subrecipient will be considered a City employee, and that no rights of City Civil
Service, City retirement or City personnel rules will accrue to such individual.
Subrecipient will have total responsibility for all salaries, wages, bonuses,
retirement, withholdings, worker’s compensation, other employee benefits, and all
taxes and premiums appurtenant thereto concerning such individuals.
10. LEGAL WORKER REQUIREMENTS
The City is prohibited by Arizona Revised Statutes § 41-4401 from awarding an
agreement to any Subrecipient who fails, or whose subcontractors fail to comply with
Arizona Revised Statutes § 23-214(A). Therefore, Subrecipient agrees that:
Subrecipient and each subcontractor used represents their compliance with all
federal immigration laws and regulations that relate to their employees and their
compliance with Arizona Revised Statutes § 23-214, subsection A.
A breach of warranty herein will be deemed a material breach of the Agreement
and is subject to penalties up to an including termination of the Agreement.
The City retains the legal right to inspect the papers of Subrecipient or
subcontractor employee(s) who work(s) on this Agreement to ensure that
Subrecipient or subcontractor is complying with the warranty herein.
11. CONFIDENTIALITY AND DATA SECURITY
11.1 The Subrecipient must comply with 2 CFR § 200.303(e) and must take
reasonable measures to safeguard protected personally identifiable information,
as defined in 2 CFR § 200.1, and other information the U.S. Department of the
Treasury or the City designates as sensitive or the Subrecipient considers
sensitive consistent with applicable Federal, state and local laws regarding
privacy and obligations of confidentiality.
11.2 All data, regardless of form, including originals, images and reproductions,
prepared by, obtained by, or transmitted to Subrecipient in connection with this
Agreement is confidential, proprietary information owned by the City. Except as
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specifically provided in this Agreement, the Subrecipient will not disclose data
generated in the performance of the service to any third person without the prior
written consent of the City Manager or his/her designee.
11.3 Personal identifiable information, financial account information, protected health
information, or restricted City information, whether electronic format or hard
copy, must be secured and protected at all times to avoid unauthorized access.
At a minimum, Subrecipient must encrypt and/or password-protect electronic
files. This includes data saved to laptop computers, computerized devices,
handheld devices, networking devices, removable storage devices, or other
electronic media, as well as data in transit, such as during email or file transfer.
11.4 When personal identifiable information, financial account information, protected
health information, or restricted City information, regardless of its format, is no
longer necessary, the information must be redacted or destroyed through
appropriate and secure methods that ensure the information cannot be viewed,
accessed, or reconstructed.
11.5 In the event that data collected or obtained by the Subrecipient in connection
with this Agreement is suspected to have been compromised, Subrecipient will
notify the City promptly upon discovery. Subrecipient agrees to reimburse the
City for any costs incurred by the City to investigate and respond to potential
breaches of this data, including, where applicable, the cost of notifying
individuals who may be impacted by the breach, attorneys’ fees, and for any
monetary damages or penalties the City is assessed.
11.6 Subrecipient agrees that the requirements of this Section will be incorporated
into all subcontractor agreements entered into by the Subrecipient. It is further
agreed that a violation of this Section will be deemed to cause irreparable harm
that justifies the seeking of injunctive relief in court. A violation of this Section
may result in immediate termination of this Agreement without notice. The
obligations of Subrecipient under this Section 11 will survive the termination of
this Agreement.
11.7 To be protected hereunder, confidential information must be either protected by
applicable law or marked confidential if disclosed in written or other tangible
form. If confidential information is disclosed orally or visually, confidential
information must be identified as confidential at the time of disclosure and
reduced to writing, marked confidential, and transmitted to the receiving party
within thirty (30) days of the initial disclosure.
Nothing in this Agreement will be construed to convey to either Party any right,
title or interest in any confidential information provided by the other Party or any
right, title or interest in any intellectual property of the Parties, including but not
limited to, processes, copyrights or patents. No license to the receiving Party
under any trademark, patent or copyright is either granted or implied by the
conveying of confidential information to the receiving Party.
The receiving Party will not use, or disclose to any third party, confidential
information of the disclosing Party in any manner except for the purposes of this
Agreement (which includes, for the avoidance of doubt, necessary reports or
disclosures to the United States Department of Treasury), and will require that
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its employees and agents (in the case of ASU, including employees of Skysong
Innovations, LLC (“SI”)) who have access to such information maintain the same
in strict confidence subject to the same restrictions. By way of example, but not
limitation, the receiving Party will not use confidential information of the
disclosing Party in connection with any patent application, for any commercial
purpose, or for the benefit of any third party.
The Parties will use reasonable efforts to prevent the disclosure to unauthorized
third Parties of any confidential information of the other Party and will use such
information only for the purposes of this Agreement. The receiving Party’s
obligations with respect to confidential information will survive for three (3) years
after the termination of this Agreement; provided that the receiving Party's
obligations hereunder will not apply if the receiving Party can show, with
convincing written evidence that the confidential information of the disclosing
Party received under this Agreement:
a. was already known to the receiving Party prior to the time of first
disclosure; or
b. at the time of disclosure is in the public domain, or after the date of the
disclosure, lawfully becomes a part of the public domain other than
through breach of this Agreement by the receiving Party; or is received in
good faith, without any obligation of confidentiality from a third Party
having a legal right to disclose the same; or
c. is independently developed by the receiving Party by individuals without
access to such information; or
d. is required to be disclosed by the receiving Party pursuant to a legally
enforceable order, law, subpoena, or other regulation (“Order”), provided,
however, that the receiving Party promptly notifies the disclosing Party in
advance of such disclosure and discloses only that Information necessary
to comply with said Order.
ASU retains the right to refuse acceptance of any confidential information that is
not required for the purposes of this Agreement.
Notwithstanding any other provision of this Agreement to the contrary, both the
City and Subrecipient are public institutions subject to Arizona Revised Statutes
(A.R.S.) §§ 39-121 through 39-127 regarding public records. Any provision
regarding confidentiality is limited to the extent necessary to comply with Arizona
law.
12. CONTACTS WITH THIRD PARTIES
12.1 Subrecipient or its subcontractors will not contact third parties to provide any
information in connection with this Agreement without the prior written consent of
the City. Should Subrecipient or its subcontractors be contacted by any person
requesting information or requiring testimony relative to this Agreement or any
other prior or existing Agreement with the City, Subrecipient or its subcontractors
will promptly inform the City giving the particulars of the information sought and
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will not disclose such information or give such testimony without the written
consent of the City or court order. The obligations of Subrecipient and its
subcontractors under this Section will survive the termination of this Agreement.
12.2 Subrecipient agrees that the requirements of this Section will be incorporated into
all subcontractor agreements entered into by Subrecipient. It is further agreed
that a violation of this Section will be deemed to cause irreparable harm that
justifies injunctive relief in court. A violation of this Section may result in
immediate termination of this Agreement without notice.
13. COMPLIANCE WITH LAWS
Subrecipient will comply with all existing and subsequently enacted federal, state and
local laws, ordinances, codes, regulations and guidance that are, or become
applicable to this Agreement. If a subsequently enacted law imposes substantial
additional costs on Subrecipient, a request for an amendment may be submitted
pursuant to this Agreement.
14. AMENDMENTS
Whenever an addition, deletion or alteration to EXHIBIT A SCOPE OF WORK or
EXHIBIT B ITEMIZED SERVICE BUDGET, is necessary, a supplemental agreement
must first be approved in writing by the City and Subrecipient before such addition,
deletion or alteration will be performed. Changes may be made and the amounts to be
paid to Subrecipient may be adjusted by mutual agreement in accordance with
applicable law, but in no event may the amount exceed the amount authorized in
Section 4.1 of this Agreement. It is specifically understood and agreed that no claim
for extra work done or materials furnished by Subrecipient will be allowed except as
provided herein, nor will Subrecipient do any work or furnish any materials not
covered by this Agreement unless first authorized in writing. Any work or materials
furnished by Subrecipient without prior written authorization will be at Subrecipient’s
risk, cost and expense, and Subrecipient agrees to submit no claim for compensation
or reimbursement for additional work done or materials furnished without prior written
authorization.
15. NO ORAL ALTERATIONS
No alteration or variation of the terms of this Agreement will be binding on the Parties
herein unless such alteration or variation is in writing and signed by each of the
Parties to this Agreement. No oral understanding or agreement not incorporated in
this Agreement will be binding on any of the Parties herein.
16. INTEGRATION
This Agreement constitutes and embodies the full and complete understanding and
agreement of the Parties hereto and supersedes all prior understandings,
agreements, discussions, proposals, bids, negotiations, communications, and
correspondence, whether oral or written. No representation, promise, inducement or
statement of intention has been made by any Party hereto which is not embodied in
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this Agreement, and no Party will be bound by or liable for any statement of intention
not so set forth. This Agreement does not amend or alter any existing agreements
between the City and Subrecipient.
17. GOVERNING LAW; FORUM; VENUE
This Agreement is executed and delivered in the State of Arizona, and the substantive
laws of the State of Arizona (without reference to choice of law principles) will govern
their interpretation and enforcement. Any action brought to interpret or enforce any
provision of this Agreement that cannot be administratively resolved, or otherwise
related to or arising from this Agreement, will be commenced and maintained in the
state or federal courts of the State of Arizona, Maricopa County, and each of the
Parties, to the extent permitted by law, consents to jurisdiction and venue in such
courts for such purposes.
18. TERMINATION FOR CAUSE AND FOR CONVENIENCE
18.1 The City may terminate this Agreement in whole, or from time to time in part, for
the City’s convenience or the failure of Subrecipient to fulfill the obligations
(cause or default) under this Agreement. The City will terminate by delivering to
Subrecipient a written Notice of Termination specifying the nature, extent, and
effective date of the termination. Upon receipt of the notice, Subrecipient must:
(1) immediately discontinue all services affected (unless the notice directs
otherwise), and (2) deliver to the City all information, reports, papers, and other
materials accumulated or generated in performing the Agreement, whether
completed or in process.
18.2 If the termination is for the convenience of the City, the City will be liable only for
payment for services rendered through the effective date of the termination. In
the event this Agreement is terminated by the City under this subsection 18.2,
the City will remain responsible for payment to Subrecipient for all allowable
costs incurred through the date of termination.
18.3 If the termination is due to the failure of Subrecipient to fulfill its obligations under
the Agreement (cause/default), the City may require Subrecipient to deliver to it,
in the manner and to the extent directed by the City, any work described in the
Notice of Termination. In the event of termination for cause/default, the City will
be liable to Subrecipient for allowable costs incurred by Subrecipient before the
effective date of the termination. Any dispute shall be decided by the Contracting
Officer.
19. NO ISRAEL BOYCOTT
By entering into this Agreement, Subrecipient certifies that 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.
20. LAWFUL PRESENCE
Pursuant to A.R.S. §§ 1-501 and -502, the City is prohibited from awarding a contract
to any natural person who cannot establish that he or she is lawfully present in the
United States. In order to establish lawful presence, this person must produce
qualifying identification and sign a City-provided affidavit affirming that the
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identification provided is genuine. This requirement will be imposed at the time of
contract award. The law does not apply to fictitious entities such as corporations,
partnerships and limited liability companies.
21. EQUAL EMPLOYMENT OPPORTUNITY AND PAY
In order to do business with the city, Subrecipient must comply with Phoenix City Code,
1969, chapter 18, Article V, as amended, equal employment opportunity requirements.
Subrecipient will direct any questions in regard to these requirements to the Equal
Opportunity Department, (602) 262-6790.
For a Subrecipient with More Than 35 Employees. Subrecipient in performing
under this Agreement shall not discriminate against any worker, employee or
applicant, or any member of the public, because of race, color, religion, sex, national
origin, age, or disability, nor otherwise commit an unfair employment practice. The
Subrecipient will ensure that applicants are employed, and employees are dealt with
during employment without regard to their race, color, religion, sex, national origin,
age, or disability, and shall adhere to a policy to pay equal compensation to men and
women who perform jobs that require substantially equal skill, effort, and
responsibility, and that are performed within the same establishment under similar
working conditions. Such action shall include but not be limited to the following:
employment, promotion, demotion or transfer, recruitment or recruitment advertising,
layoff or termination; rates of pay or other forms of compensation; and selection for
training; including apprenticeship. The Subrecipient further agrees that this clause will
be incorporated in all subcontracts with all labor organizations furnishing skilled,
unskilled and union labor, or who may perform any such labor or services in
connection with this Agreement. Subrecipient further agrees that this clause will be
incorporated in all subcontracts, job-contractor agreements or subleases of this
agreement entered into by supplier or lessee. The Subrecipient further agrees not to
discriminate against any worker, employee or applicant, or any member of the public,
because of sexual orientation or gender identity or expression and shall ensure that
applicants are employed, and employees are dealt with during employment without
regard to their sexual orientation or gender identity or expression.
Documentation. Suppliers and lessees may be required to provide additional
documentation to the Equal Opportunity Department affirming a nondiscriminatory
policy is being utilized.
Monitoring. The Equal Opportunity Department shall monitor the employment policies
and practices of suppliers and lessees subject to this article as deemed necessary.
The Equal Opportunity Department is authorized to conduct on-site compliance
reviews of selected firms, which may include an audit of personnel and payroll
records, if necessary.
22. DEFENSE AND INDEMNIFICATION
Subrecipient shall indemnify, and hold harmless the City, its officers, employees, and
agents from and against any and all liability, expenses (including reasonable
Page 15
attorney’s fees) or claims for injury or damages arising out of performance of this
Agreement but to the extent such liability, expenses, or claims for injury or damages
are caused by or result from the negligent acts or omissions, misconduct, or other
fault of Subrecipient, its officers, agents or employees, or authorized volunteers.
In addition, should Subrecipient utilize a contractor(s) and subcontractor(s) in
connection with the Program, the indemnification clause between Subrecipient and it
contractor(s) and subcontractor(s) shall include the following:
To the fullest extent permitted by law, Contractor shall indemnify, and hold harmless
the City of Phoenix and the State of Arizona, and any jurisdiction or agency issuing
any permits for any work arising out of this Agreement, and its departments, agencies,
boards, commissions, universities, officers, agents, and employees (hereinafter
referred as “Indemnitee”) only from and against any and all claims, actions, liabilities,
damages, losses, or expenses (including court costs, attorney’s fees and costs of
claim processing, investigation and litigation) (hereinafter referred to as “Claims”) for
bodily injury or personal injury (including death), or loss or damage to tangible or
intangible property caused, or alleged to be caused, in whole or in part by the
negligent or willful acts or omissions of the Contractor or any of the directors, officer,
agents or employees or subcontractors of such Contractor. This indemnity includes
any Claim or amount arising out of or recovered under the Workers’ Compensation
Law or arising out of the failure of such Contractor to conform to any federal, state or
local law, statute, ordinance, rule, regulation or court decree. It is the specific
intention of the parties that the Indemnitee shall, in all instances, except for Claims
arising solely from the negligent or willful acts or omissions of the Indemnitee, be
indemnified by such Contractor from and against any and all claims. It is agreed that
such Contractor will be responsible for primary loss investigation, defense and
judgment costs where this indemnification is applicable. Additionally, on all applicable
insurance policies, Contractor and its subcontractors shall name the State of Arizona,
and its departments, agencies, boards, commissions, universities, officers, officials,
agents, and employees as an additional insured and also include a waiver of
subrogation in favor of the State.
23. COMPLIANCE WITH TERMS OF FUNDING
The Parties acknowledge that funds will be provided pursuant to the ARPA, U.S.
Department of the Treasury Coronavirus Local Fiscal Recovery Fund Award Terms
and Conditions, the Additional Federal Requirements attached hereto, other
applicable law and guidance, and this Agreement. Parties agree to be bound by and
will comply with all terms and conditions of foregoing. The Agreement includes any
ARPA guidance issued by the U.S. Department of Treasury or any other federal
agency with authority for administration of the ARPA funds. The Subrecipient is
required to submit an end of program funding report to the City. The City agrees to
cooperate with Subrecipient in preparing these reports, as needed.
Page 16
24. COMPLIANCE WITH UNIFORM REQUIREMENTS
Subrecipient will comply with Uniform Administrative Requirements of 2 CFR Part
200, “Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards,” except for those provisions excluded by the U.S. Department of
the Treasury.
25. [RESERVED]
26. RELIGIOUS ACTIVITIES
No person may be required to participate in any religious activity as a condition of
benefiting from Subrecipient’s performance of this Agreement.
27. CONFLICTS OF INTEREST
27.1 The Parties agree to abide by the provisions of 2 CFR § 200.318, which include
(but are not limited to) the following:
Subrecipient shall maintain a written code or standards or conduct that shall
govern the performance of its officers, employees or agents engaged in the
award and administration of contracts supported by federal funds.
No employee, officer, or agent of Subrecipient shall participate in the selection, or
in the award, or administration of a contact supported by federal funds if a conflict
of interest, real or apparent would be involved. Such a conflict of interest would
arise when the employee, officer, or agent, any member of his or her immediate
family, his or her partner, or an organization which employs or is about to employ
any of the parties indicated herein, has a financial or other interest in or a
tangible personal benefit from a firm considered for a contract.
The standards of conduct must provide for disciplinary actions to be applied for
violations of such standards by officers, employees, or agents of Subrecipient.
27.2 The City’s Conflict of Interest rules are also applicable to this Agreement and the
Subrecipient acknowledges the following:
Subrecipient acknowledges that, to the best of its knowledge, information and
belief, no person has been employed or retained to solicit or secure this
Agreement upon a promise of a commission, percentage, brokerage, or contingent
fee, and that no member of the Phoenix City Council or any employee of the City
has any financial interest in the consulting firm. For breach of violation of this
warranty, the City will have the right to annul this Agreement without liability,
including any such commission, percentage, brokerage or contingent fee.
The City reserves the right to immediately terminate the contract in the event that
the City determines that Subrecipient has an actual or apparent conflict of interest.
Upon a finding by the City that gratuities in the form of entertainment, gifts or
inducements were offered or given by Subrecipient, or any agent or representative
Page 17
of Subrecipient, to any officer or employee of the City for the purpose of securing
this Agreement, or securing favorable treatment with respect to the awarding,
amending, or making of any determination with respect to the performance of this
Agreement, the City may, by one calendar day written notice to Subrecipient,
terminate the right of Subrecipient to proceed under this Agreement, provided that
the existence of the facts upon which the City made such finding will be an issue
and may be litigated in an Arizona court of competent jurisdiction. In the event of
such termination, the City will be entitled to the same remedies against
Subrecipient as could be pursued in the event of default by Subrecipient.
This Agreement is subject to the requirements of Arizona Revised Statutes §38-
511.
28. INDEBTEDNESS TO INTERNAL REVENUE SERVICE OR OTHER PUBLIC
ENTITY
28.1 Any judgment, lien, levy, or outstanding amount owed to the Internal Revenue
Service, State, County, City, or other public entity by Subrecipient shall constitute
an event of default or breach of this Agreement, unless previously approved by
the City in writing, and shall constitute sufficient reason for termination of this
Agreement by the City.
28.2 Prior to entering into and during the time period covered by this Agreement,
Subrecipient shall disclose any information related to the preceding
paragraph. This disclosure requirement shall also include the immediate
reporting of breaches in payback arrangements or breaches in other agreements
related to the above. Failure to comply with any disclosure provision in this
Section shall constitute a default.
29. NONDISCRIMINATION
Subrecipient will carry out its responsibilities in compliance with the Civil Rights Act of
1964, Title VI of the Civil Rights Act of 1964 (42 USC 2000d), as amended, and
implementing regulations at 31 CFR Part 22; the prohibitions against age
discrimination under the Age Discrimination Act of 1975 (42 USC 610107) and
implementing regulations at 31 CFR Part 23; the prohibitions against discrimination
against disabled individuals under Section 504 of the Rehabilitation Act of 1973 (19
USC 794) and Title II of the Americans with Disabilities Act; and the requirements of
the Architectural Barriers Act of 1968 (42 USC 4151-4157). Subrecipient will take
reasonable steps to provide meaningful access for all persons with Limited English
Proficiency as required by Title VI of the Civil Rights Act of 1964 and Executive Order
13166.
30. SYSTEM FOR AWARD MANAGEMENT AND UNIQUE IDENTIFIER
REQUIREMENTS
Subrecipient agrees to maintain the currency of its information in the federal
government’s System for Award Management (“SAM”) until it receives final payment.
Subrecipient agrees to maintain its Unique Entity Identifier for the same duration.
Page 18
31. ONLINE SEARCHABLE DATABASES
Subrecipient agrees that prior to employing or contracting with any individual, or
contracting with any other entity, to provide services hereunder, Subrecipient agrees
to review online searchable databases available to determine exclusion, suspension
and/or debarment status of such individual/entity, including, but not limited to, the
Excluded Parties List in the System for Award Management Database operated by the
General Services Administration (“GSA”).
32. HUMAN TRAFFICKING
Subrecipient agrees to follow the requirements of Section 106(g) of the Trafficking
Victims Protection Act of 2000, as amended (22 U.S.C. 7104) and ensure that it and
none of its employees engage in server forms of trafficking in persons, procure
commercial sex acts during the subaward term, used forced labor in the performance
of your obligations under this Agreement. Subrecipient agrees to notify the City
immediately once it has information from any source alleging a violation of this
Section.
33. ASSIGNMENT
Subrecipient will not assign or transfer any interest in this Agreement without the prior
written consent of the City.
34. INSURANCE
As an instrumentality of the State of Arizona, Subrecipient is self-insured under
the State of Arizona, Department of Administration Risk Management
Department as provided under Arizona Revised Statutes Sections 41-621 et
seq. That self-insurance program provides Subrecipient with adequate
insurance coverage as necessary and reasonable to insure itself and its
personnel in connection with the performance of this Agreement.
35. BACKGROUND CHECKS
Subrecipient will conduct appropriate background checks for all Program staff and
volunteers. Such background checks must, at a minimum, be at least as stringent as
the background screening requirements set forth in Exhibit D and in compliance with
all applicable law.
36. NOTICES
36.1 Any notice, consent or other communication (“Notice”) required or permitted
under this Agreement will be in writing and either: (1) delivered in person; (2)
sent via e-mail, return receipt requested; (; (3) deposited with any commercial air
courier or express delivery service; or (4) deposited in the United States mail,
postage prepaid.
If to Subrecipient:
Office for Research & Sponsored Projects Administration
Arizona State University
USPS address: P.O. Box 876011, Tempe, AZ 85287- 6011
Page 19
Courier address: Centerpoint, Suite 204, 660 S. Mill Ave., Tempe, AZ 85281
Phone:
Email:asu.awards@asu.edu
If to City:
Wendy Resnik
Phone:
Email: wendy.resnik@phoenix.gov
Notice will be deemed received: (1) at the time it is personally served; (2) on the
day it is sent via e-mail; (3) on the second day after its deposit with any
commercial air courier or express delivery service; or (4) five business days after
the Notice is deposited in the United States mail as above provided. Any time
period stated in a Notice will be computed from the time the Notice is deemed
receive.
36.2 Notices sent by e-mail will also be sent by regular mail to the recipient at the
above address. This requirement for duplicate Notice is not intended to change
the effective date of the Notice sent by e-mail or facsimile transmission.
37. CLAIMS OR DEMANDS AGAINST THE CITY
37.1 Subrecipient acknowledges and accepts the provisions of Chapter 18, Section
14 of the Charter of the City of Phoenix, pertaining to claims or demands against
the City, including provisions therein for set-off of indebtedness to the City
against demands on the City, and Subrecipient agrees to adhere to the
prescribed procedure for presentation of claims and demands. Nothing in
Chapter 18, Section 14 of the Charter of the City of Phoenix alters, amends or
modifies the supplemental and complementary requirements of the State of
Arizona Notice of Claim statutes, Arizona Revised Statutes §§ 12-821 and 12-
821.01, pertaining to claims or demands against the City. If for any reason it is
determined that the City Charter and state law conflict, then state law will control.
37.2 In the event of any dispute, claim, question, or disagreement arising from or
relating to this Agreement or the breach thereof, the Parties hereto will use their
reasonable efforts to settle the dispute, claim, question, or disagreement. To this
effect, they will consult and negotiate with each other in good faith and,
recognizing their mutual interests, attempt to reach a just and equitable solution
satisfactory to both Parties. As required by A.R.S. §12-1518, the Parties agree to
make use of arbitration in disputes that are subject to mandatory arbitration
pursuant to A.R.S. §12-133.
38. CONTINUATION DURING DISPUTES
38.1 Subrecipient agrees as a condition of this Agreement that in the event of any
dispute between the Parties, provided no Notice of Termination has been given
by the City, and if it is feasible under the terms of this Agreement each Party will
continue to perform the obligations not related to the dispute required of it during
the resolution of such dispute, unless enjoined or prohibited by a court of
competent jurisdiction.
Page 20
38.2 Failure or delay by either Party to exercise any right, power or privilege specified
in or appurtenant to this Agreement will not be deemed a waiver.
39. CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S
BUSINESS ENTERPRISES, AND DISADVANTAGED BUSINESS ENTERPRISES
39.1 Pursuant to national and City policy to award a fair share of contracts to small
and minority businesses, women's business enterprises, and Disadvantaged
Business Enterprises, Subrecipient will take affirmative steps to assure that small
and minority businesses, women’s business enterprises, and Disadvantaged
Business Enterprises are utilized when possible as sources of supplies,
equipment, construction, and services. Such affirmative steps must include the
following:
(1) Include qualified small and minority businesses, women's business
enterprises, and Disadvantaged Business Enterprises on solicitation lists.
(2) Assure that small and minority businesses, women's business enterprises,
and Disadvantaged Business Enterprises are solicited whenever they are
potential sources.
(3) When economically feasible, divide total requirements into small tasks or
quantities so as to permit maximum participation from small and minority
businesses, women's business enterprises, and Disadvantaged Business
Enterprises.
(4) Where the requirement permits, establish delivery schedules which
encourage participation by small and minority businesses, women's business
enterprises, and Disadvantaged Business Enterprises.
(5) Use the services and assistance of the Small Business Administration and the
Minority Business Development Agency of the Department of Commerce and
the Community Services Administration as required.
(6) Comply with the applicable requirements of the Small and Disadvantaged
Business Enterprise Policy Plan for the City of Phoenix.
(7) Include affirmative steps, one through six in any subcontract.
40. FORCE MAJEURE
Subrecipient will not be responsible or liable for, or deemed in breach hereof because
of any delay in the performance of its obligations hereunder to the extent caused by
circumstances beyond its control, without its fault or negligence, and that could not
have been prevented by the exercise of due diligence, including but not limited to
fires, natural disasters, riots, wars, unavoidable and unforeseeable site conditions,
failure of the City to provide data within the City’s possession or to make necessary
decisions or provide necessary comments in connection with any required reports
prepared by Subrecipient in connection with the Services and the unforeseeable
Page 21
inability to obtain necessary site access, authorization, permits, licenses, certifications
and approvals (such causes hereafter referred to as “Force Majeure”).
41. ADDITIONAL FEDERAL REQUIREMENTS
Subrecipient will comply with the additional federal requirements set forth in Exhibit E.
42. FISCAL YEAR CLAUSE
The City’s fiscal year begins July 1st and ends June 30th each calendar year. The
City may make payment for services rendered or costs encumbered only during a
fiscal year and for a period of 60 days immediately following the close of the fiscal
year, under the provisions of Arizona Revised Statutes §42-17108. Therefore,
Subrecipient must submit billings for services performed or costs incurred prior to the
close of a fiscal year within ample time to allow payment within this 60-day period.
43. PROFESSIONAL COMPETENCY:
43.1 QUALIFICATIONS: Subrecipient represents that it is familiar with the nature and
extent of this Agreement, the services it will be performing, and any conditions that
may affect its performance under this Agreement. Subrecipient further represents
that it is fully experienced and properly qualified, is in compliance with all
applicable license requirements, and is equipped, organized, and financed to
perform such services.
44. LEVEL OF CARE AND SKILL: Services provided by Subrecipient will be performed
in a manner consistent with that level of care and skill ordinarily exercised by
members of Subrecipient’s profession currently practicing in the same industry under
similar conditions. Acceptance or approval by the City of Subrecipient’s performance
will in no way relieve Subrecipient of liability to the City for damages suffered or
incurred arising from the failure of Subrecipient to adhere to the aforesaid standard of
professional competence.
45. NO THIRD-PARTY BENEFICIARIES:
The Parties expressly agree that this Agreement is not intended by any of its
provisions to create any right of the public or any member thereof as a third-party
beneficiary nor to authorize anyone not a party to this Agreement to maintain a suit
for personal injuries or property damage pursuant to the terms or provisions of this
Agreement.
46. SERVICE MARKS AND TRADEMARKS
Neither Party shall use any service marks, trademarks, trade names, logos or other
identifying names or marks of the other Party (“Marks”) without the express written
approval of the Party that owns the Marks in each instance. The use of any Party’s
Marks must comply with the owning Party’s requirements, including using the
indication of a registered trademark where applicable.
Page 22
IN WITNESS WHEREOF, the Parties herein have caused this Agreement to be
executed.
CITY OF PHOENIX, a municipal corporation
The Arizona Board of Regents
For and On Behalf of
Jeffrey Barton, City Manager
Arizona State University
____________________________
_____________________________
Rita Hamilton
Kristy Macdonald
City Librarian
Assistant Director, Research Operations
ATTEST:
_______________________________
City Clerk
APPROVED AS TO FORM:
Cris Meyer, City Attorney
By: ___________________________
Assistant Chief Counsel
IGA DETERMINATION – ASU
This Agreement, which is an agreement between public agencies, has been reviewed
pursuant to A.R.S. §11-952 by the undersigned, who has determined that it is in the
proper form and is within the power and authority granted under the laws of the State of
Arizona to those parties to the Agreement represented by legal counsel for the Arizona
Board of Regents.
APPROVED AS TO FORM:
Associate General Counsel, Arizona State University
Page 23
IGA DETERMINATION – CITY OF PHOENIX
This Agreement, which is an agreement between public agencies, has been reviewed
pursuant to A.R.S. §11-952 by the undersigned, who has determined that it is in the
proper form and is within the power and authority granted under the laws of the State of
Arizona to those parties to the Agreement represented by the Phoenix City Attorney.
APPROVED AS TO FORM:
City Attorney, City of Phoenix
EXHIBIT A – SCOPE OF WORK
CITY OF PHOENIX – ARIZONA STATE UNIVERSITY INTERGOVERNMENTAL AGREEMENT FOR SUBAWARD
OF CORONAVIRUS LOCAL FISCAL RECOVERY FUNDS
1.
BACKGROUND
ASU wishes to operate a youth reading program which provides low-income parents and caretakers
with educational resources to engage their K-8 children at home and matches children from low-
income communities with an ASU student as their tutor/mentor (the “Program”). The City wishes to
provide funding for the Program from its allocation of Coronavirus Local Fiscal Recovery Funds to help
mitigate the negative economic impacts of the COVID-19 pandemic on low-income students within
the City of Phoenix. For purposes of this Agreement, a student is “low income” if the student’s
household has income that is either (i) at or below 185% of the current Federal Poverty Guidelines for
the student’s family size published by the United States Department of Health and Human Services or
(ii) at or below 40% of the Area Median Income for Maricopa County for the student’s family size
based on the most recently published data by the United States Department of Housing and Urban
Development.
2.
OBJECTIVES
2.1 ASU will provide educational resources, including individual needs-based tutoring from an ASU
student tutor, access to America Reads reading library, individual electronic tablets, America
Reads Parent and Family Resources website (which includes, Youtube videos of standards,
Pinterest activities and activity worksheets), to at least 150 low-income and title I K-8 students
during each semester of the Program..
2.2
ASU will provide at leasttwo hours of one-on-one reading comprehension tutoring to each K-8
student participating in the Program per week during ASU’s Fall, Spring, and Summer Semesters.
Tutoring will provided for 12 weeks during the Fall and Spring Semesters and for 8 weeks during
the Summer Semester.
2.3
ASU will provide transportation for ASU student tutors to tutoring locations.
2.4
ASU will recruit and retain sufficient eligible families and students to fulfill the foregoing
objectives.
3.
TIMING & LOCATION OF SERVICES
3.1 ASU will be solely responsible for determining the location(s) and schedule(s) for the Program.
3.2 ASU will be solely responsible for securing locations for the Program. If ASU wishes to use a City
facility for the Program, the parties will execute a separate facility use agreement.
4.
ELIGIBLE BENEFICIARIES
4.1. The Program is available to all students attending a Title I school and low-income K-8 students in the
Phoenix Area. No transportation is provided for students to our tutoring sites by the Program.
4.2. Program spots are limited at each location and enrollment is on a first come first serve basis per
semester. The Program will maintain a waiting list for students interested over and above the
available spots.
4.3. Regular attendance is required to maintain a spot for the semester. Students must not have more
than three absences during the semester or they could be dropped from the Program to
accommodate students from the waiting list.
5.
REPORTING REQUIREMENTS
Invoices and supporting documentation should be submitted via email to Wendy Resnick,
wendy.resnik@phoenix.gov for reimbursement no later than the 15th day following the end of the
month being reported (i.e. February 15th for January report) to include:
Invoices and Supporting Documentation
Number of students served
Demographic information for each student served, including child’s age, grade, school,
race/ethnicity, family income, , and whether the student attends a Title I school.
Type and quantity of educational resources provided to each student
Number of tutor-hours provided to each student
Reading standards achieved by each student based on the Arizona Department of Education
Academic Standards
Budget Item
Rate
Quantity
Hrs
per
Week
Wks
per
Year
ASU
Fees:
Fringe
ASU Fees:
Indirects
Spring
2022
Summer
2022
Fall
2022
Spring
2023
Summer
2023
Fall
2023
Total
SITE COSTS
Site Manager
$16.00
1
20
39 AY /
13 Sum
$591.00
$8,806.46
$6,240.00
$4,160.00
$6,240.00
$6,240.00
$4,160.00
$6,240.00
$42,677.46
Tutor Supervisor - AY
$13.00
1
20
39 AY /
13 Sum
$296.00
$4,403.36
$4,160.00
$0.00
$4,160.00
$4,160.00
$0.00
$4,160.00
$21,339.36
Tutor Supervisor - Sum
$13.00
1
20
39 AY /
13 Sum
$73.00
$1,100.58
$0.00
$2,080.00
$0.00
$0.00
$2,080.00
$0.00
$5,333.58
Activity Coordinator -
AY
$13.00
2
20
39 AY /
13 Sum
$592.00
$8,806.72
$8,320.00
$0.00
$8,320.00
$8,320.00
$0.00
$8,320.00
$42,678.72
Activity Coordinator -
Sum
$13.00
2
20
39 AY /
13 Sum
$146.00
$2,201.16
$0.00
$4,160.00
$0.00
$0.00
$4,160.00
$0.00
$10,667.16
Program Shirts for Staff
$15.00
15
$0.00
$117.00
$225.00
0
0
$225.00
0
0
$567.00
Tutoring Supplies
$0.00
$812.75
586.12
390.75
586.12
586.12
390.75
586.12
$3,938.73
Van Expenses
$0.00
$1,456.00
1050
700
1050
1050
700
1050
$7,056.00
iPad Air (10.9 inch)
$707.00
170
$0.00
$31,249.40 $120,190.00
0
0
0
0
0
$151,439.40
Mobile Charging
Cabinet (32 devices)
$500.00
5
$0.00
$650.00
$2,500.00
0
0
0
0
0
$3,150.00
Charging Cabinet
(10 devices)
$200.00
5
$0.00
$260.00
$1,000.00
0
0
0
0
0
$1,260.00
TOTALS
$1,698.00 $59,863.43 $144,271.12 $11,490.75
$20,356.12
$20,581.12
$11,490.75
$20,356.12 $290,107.41
EXHIBIT D BACKGROUND SCREENING REQUIREMENTS
1.
SUBRECIPIENT WORKER BACKGROUND SCREENING
this Agreement will be subject to background and security checks and screening (collectively
unless otherwise provided for in
and regulations. Subrecipient further agrees that the background screening is necessary to
preserve and protect the public health, safety and welfare. The City requires a completed Contract
Worker Badge/Key/Intrusion Detection Responsibilities Agreement for each Contract Worker who
requires a badge or key.
1.1.
Background Screening Risk Level: The City has established two levels of risk: Standard and
Maximum risk. If the scope of work changes, the City may amend the level of risk, which
could require the Subrecipient to incur additional contract costs to obtain background
screens or badges.
1.2.
Terms of This Section Applicable to all S
Subrecipient will include Contract Worker background screening in all contracts and
subcontracts for services furnished under this agreement.
1.3.
Materiality of Background Screening Requirements; Indemnity: The background screening
provisions will be deemed a material breach of this contract. The background screening
requirements are the minimum requirements for the Agreement. The City in no way
warrants that these minimum requirements are sufficient to protect Subrecipient from any
cipient and its Contract
Workers will take any reasonable, prudent and necessary measures to preserve and
protect public health, safety and welfare when providing services under this Agreement.
Continuing Duty; Audit:
ements will continue throughout the
entire term of this Agreement. Subrecipient will maintain all records and documents related to all
2.
BACKGROUND SCREENING MAXIMUM RISK
2.1.
The current risk level and background screening required is MAXIMUM RISK LEVEL.
2.2.
Maximum Risk Level: A maximum risk background screening will be performed every five
work directly with vulnerable adults or children, (under age 18); or
any responsibility for the receipt of payment of City funds or control of inventories, assets,
or records that are at risk of misappropriation; or
unescorted access to:
o
City data centers, money rooms, high-valve equipment rooms; or
o
unescorted access to private residences; or
o
access to critical infrastructure sites/facilities; or
o
direct or remote access to Criminal Justice Information Systems (CJIS) infrastructure.
2.3.
Requirements: The background screening for maximum risk level will include a background
check for real identity/legal name and will include felony and misdemeanor records from
any county in the United States, the State of Arizona, plus any other jurisdiction where the
Contractor worker has lived at any time in the preceding seven years from the Contract
additional checks as included herein, depending on the scope of work, and may be
amended if the scope of work changes.
2.4.
Additional Maximum Risk Background Checks: Maximum screening will additionally
require:
Fingerprint verification (when Contract Worker is working directly with children or
vulnerable adults or scope takes the individual to a City location with Criminal Justice
Information System (CJIS) access.).
2.5.
Subrecipient Certification; City Approval of Maximum Risk Background Screening: Unless
otherwise provided for in the Scope of Work, Subrecipient will be responsible for:
determining whether Contract Worker(s) are disqualified from performing work for the
City for maximum risk level background checks; and,
submitting pass/fail results to the City for approval; and,
reviewing the results of the background check every three to five years, dependent on
scope; and,
to engage in whatever due diligence is necessary to make the decision on whether to
disqualify a Contract Worker; and,
Submitting the list of qualified Contract Workers to the contracting department; and,
If, upon review of the background information, the City will advise the Subrecipient if it
believes a Contract Worker should be disqualified. The Subrecipient will evaluate the
Contract Worker and if the Subrecipient believes that there are extenuating circumstances
that suggest that the person should not be disqualified, the Subrecipient will discuss those
circumstances with the contracting department. The contracting department decision on
disqualification of a Contract Worker is final.
For sole proprietors, the Subrecipient must comply with the background check for himself
and any business partners, or members or employees who will assist on the contract and
for whom the requirements of the Agreement apply.
By executing this Agreement, Subrecipient certifies and represents that Subrecipient has
read the background screening requirements and criteria in this section, and that all
background screening information furnished to the City is accurate and current.
The City final documented decision will be an
Workers.
The City will not keep records related to background checks once they are confirmed.
Information to verify the results will be returned to the Subrecipient, or any contracted
By executing this Agreement, Subrecipient further certifies and represents that
Subrecipient has satisfied all such background screening requirements for the maximum
risk background screening, and verified legal worker status, as required.
Contract Workers will not apply for the appropriate City of Phoenix identification and
access badge or keys until Subrec
discretion, accept or reject any or all the Contract Workers proposed by Subrecipient for
performing work under this Agreement. A Contract Worker rejected for work at a
maximum risk level under this agreement will not be proposed to perform work under
EXHIBIT E ADDITIONAL FEDERAL REQUIREMENTS
Subrecipient Name: Arizona State University
Subrecipient Unique Entity Identifier: 943360412
Federal Award Identification Number: OMB Approved No. 1505-0271
Federal Award Date: March 11, 2021
Subaward Period of Performance Start and End Date: Effective date of contract through termination or
expiration of contract, no later than December 31, 2024
Subaward Budget Period Start and End Date: Effective date of contract through termination or expiration
of contract, no later than December 31, 2024
Amount of Federal Funds Obligated to Subrecipient: $290,108.86
Total Amount of Federal Funds Obligated to the Subrecipient: $290,108.86
Total Amount of the Federal Award Committed to the Subrecipient: $290,108.86
Federal Award Project Description: U.S. Department of Treasury Coronavirus Local Fiscal Recovery Fund
Name of Federal Award Agency: U.S. Department of Treasury
Name of pass-through entity: City of Phoenix
Assistance Listing number and Title: 21.027 Coronavirus State and Local Fiscal Recovery Funds
Research and Development (R&D) Identification: No
Indirect Cost Rate for Federal Award: Negotiated, pre-approved rate of 26%
1.
DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689)
Subrecipient agrees to abide by Executive Orders 12549 and 12689, Debarment and Suspension, and
implementing regulations found at 2 CFR Part 180 and 31 CFR Part 19. The City may, by giving
written notice to Subrecipient, immediately terminate this Agreement if the City determines that
Subrecipient has been debarred, suspended, or otherwise lawfully prohibited from participating in
any public procurement activity, including but not limited to, being disapproved as a subcontractor
of any public procurement unit or other governmental body. Subrecipient will included a term or
condition in all related contracts and subcontracts described in 2 CFR Part 180, Subpart B that the
award is subject to 2 CFR Part 180 and 31 CFR Part 19.
2.
CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT
Subrecipient will comply with all applicable standards, orders or regulations Issued pursuant to the
Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33
U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional
Office of the Environmental Protection Agency (EPA).
3.
BYRD ANTI-LOBBYING CERTIFICATION (31 U.S.C. 1352; 31 CFR Part 21)
Subrecipient hereby certifies, to the best of its knowledge and belief, that:
a.
No Federal appropriated funds have been paid or will be paid, by or on behalf of Subrecipient,
to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal
grant, the making of any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of and Federal
contract, grant,
loan, or cooperative agreement.
b.
Each contractor tier must certify to the tier above that it will not and has not used Federal
appropriated funds to pay any person or organization or influencing or attempting to influence
an officer or employee of any agency, a member of Congress, officer or employee of Congress,
or an employee of a member of Congress in connection with obtaining any Federal contract,
grant or any other award covered by 31 U.S.C, 1352.
c.
If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress in connection with this Federal contract, grant, loan, or cooperative agreement,
Subrecipient shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying", in accordance with its instructions. Such disclosures are forwarded from tier to tier
up to the non-Federal award.
4.
WHISTLEBLOWER RIGHTS; REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS
In accordance with 41 U.S.C. § 4712, Subrecipient may not discharge, demote, or otherwise
discriminate against an employee in reprisal for disclosing to any of the list of persons or entities
provided below, information that the employee reasonably believes is evidence of gross
mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority
relating to a federal contract or grant, a substantial and specific danger to public health or safety, or
a violation of law, rule, or regulation related to a federal contract (including the competition for or
negotiation of a contract) or grant.
The list of persons and entities referenced in the paragraph above includes the following:
A member of Congress or a representative of a committee of Congress;
An Inspector General;
The Government Accountability Office;
A Treasury employee responsible for contract or grant oversight or management;
An authorized official of the Department of Justice or other law enforcement agency;
A court or grand jury; or
A management official or other employee of Recipient, contractor, or subcontractor who
has the responsibility to investigate, discover, or address misconduct.
Subrecipient shall inform its employees in writing of the rights and remedies provided under this
section, in the predominant native language of the workforce.
5.
DRUG-FREE WORKPLACE ACT OF 1988:
Subrecipient must comply with drug-free workplace requirements in 31 CFR Part 20, which
implements the Drug-Free Workplace Act of 1988.
6. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT
Subrecipient is responsible for complying with all the provisions of FFATA, which includes
requirements on executive compensation, and also requirements implementing the Act for the
Subrecipient at 2 CFR parts 25 and 170.
7.
VICTIMS OF HUMAN TRAFFICKING
Subrecipient agrees to follow the requirements of Section 106(g) of the Trafficking Victims
Protection Act of 2000, as amended (22 U.S.C. 7104) and ensure that it and none of its employees
engage in server forms of trafficking in persons, procure commercial sex acts during the subaward
term, used forced labor in the performance of obligations under this Agreement. Subrecipient
agrees to notify the City immediately once it has information from any source alleging a violation of
this Section.
8.
PREFERENCE FOR DOMESTIC PROCUREMENT
Pursuant to 2 C.F.R. 200.322, to the greatest extent practicable, Subrecipient will purchase, acquire,
or use goods, products or materials produced in the United States (including but not limited to iron,
aluminum, steel, cement and other manufactured products).
9.
PROHIBITION ON CERTAIN TELECOMMUNICATIONS EQUIPMENT
Subrecipient is prohibited from obligating or expending funds to (i) procure or obtain; (ii) extend or
renew a contract to procure or obtain; or (iii) enter into a contract to procure or obtain equipment,
services or systems that use covered telecommunications equipment or services as a substantial or
essential component of any system, or as critical technology as part of any system. Covered
telecommunications equipment is telecommunications equipment produced by Huawei
Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities) and such
other entities described in 2 C.F.R. 200.216.
10. ADDITIONAL FEDERAL SUBAWARD REQUIREMENTS
Subrecipient will comply with any additional terms and conditions imposed by 2 CFR Part 200, as
of the Subaward, including, but not limited to, reporting and record-retention obligations.
EXHIBIT F - Cost Allocation Matrix and Plan
Budget Item
Quantity
Spring 2022
Summer 2022
Fall 2022
Spring 2023
Summer 2023
Fall 2023
Total
Federal Work Study
Supervisor
1
$2,500
$4,700
$2,500
$4,700
$14,400
Activity Coordinator
1
$2,500
$4,700
$2,500
$4,700
$14,400
Lead Tutors
2
$3,000
$1,680
$2,800
$3,000
$1,680
$2,800
$14,960
Tutors
16
$33,280
$19,968
$33,280
$33,280
$19,968
$33,280
$173,056
Fringe Benefits
$0
Payroll Fees
$0
Administrative Service Charge
$0
Total:
$216,816
ASU Internal America
Reads Funding
Lead Tutors
2
$2,600
$2,600
$5,200
Tutors
16
$0
Fringe Benefits
$661
$368
$631
$680
$379
$649
$3,369
Payroll Fees
$72
$0
$0
$72
$0
$0
$143
Administrative Service Charge
$283
$31
$54
$285
$32
$55
$741
Total:
$9,453
The Subaward will be used solely to support operational and leadership expenses for the America Reads program as detailed in Exhibit B -
Itemized Service Budget. Some program expenses will be paid from Federal Work Study and ASU internal funding. No Federal Work Study or
ASU internal America Reads funding will be allocated to support the operational and leadership expenses to be paid with the Subaward as
detailed in Exhibit B – Itemized Service Budget. To ensure that the Subaward is not used for the items covered by Federal Work Study or ASU
internal America Reads funding, ASU will establish separate accounts to deposit the funding into. Once the account is established, ASU will
employ proper internal control measures and safeguards to ensure expenses are paid from the appropriate account.