IGA RE WITH TOWN OF GUADALUPE.PDF
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Town of Guadalupe IGA Page 1 of 40 INTERGOVERNMENTAL AGREEMENT FOR SERVICES BETWEEN MARICOPA COUNTY ADMINISTERED BY ITS HUMAN SERVICES DEPARTMENT AND TOWN OF GUADALUPE Agreement Number: _____________________ Agreement Amount: $32,500_____ Agreement Start Date: July 1, 2026__ Agreement Termination Date: December 31, 2026_ UEI #: GZ5VG9MHR697 This Intergovernmental Agreement (“Agreement”) is entered into between the Town of Guadalupe (“Subrecipient”) and Maricopa County, administered by its Human Services Department, (“County”). The Subrecipient and County are collectively referred to here as the “Parties” and individually as a “Party.” The Subrecipient, for and in consideration of the covenants and conditions set forth in this Agreement, shall provide and perform the services contained in it. 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 and in: Section 1 – General Provisions Section 2 – Special Provisions Section 3 – Work Statement Section 4 – Budget and Compensation Maricopa County Representative: Chela Schuster, Assistant Director Senior Services and Community Resilience Division 234 N. Central Avenue, 3rd Floor Phoenix, AZ 85004 602-372-4454 chela.schuster@maricopa.gov Subrecipient Representative: Jeff Kulaga, Town Manager Town Manager 9241 S. Avenida Del Yaqui Guadalupe, AZ 85283 480-505-5376 jkulaga@guadalupeaz.org Unless otherwise provided below, all notices to a Party required or permitted under this Agreement shall be in writing to the persons at the addresses listed below by: (i) a nationally recognized delivery service (e.g., Federal Express or UPS) with confirmation receipt requested; (ii) United States Post Office certified mail, postage prepared and return receipt requested; and (iii) e-mail with delivery receipt. Unless otherwise indicated in the notice, the notice shall be effective: (i) upon receipt if delivered by a nationally recognized delivery service; (ii); three business days after being placed in the U.S. Mail properly addressed, with sufficient postage, if sent by certified mail; and (iii) on the day of transmission if sent by e-mail transmission on a business day by 5:00 p.m. Mountain Standard Time or the following business day if sent on a business day after 5:00 p.m. Mountain Standard Time or if sent on a non-business day. Business day means Monday through Friday, unless recognized as a federal or State of Arizona holiday. This Agreement is subject to and incorporates the provisions of A.R.S. § 38-511 and contains all the terms and conditions agreed to by the Parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind the Parties. Town of Guadalupe IGA Page 2 of 40 Nothing in this Agreement shall be construed as consent to any lawsuits or waiver of any defenses in a lawsuit brought against the County or the Subrecipient in any state or federal court. The Parties have authorized the undersigned to execute this Agreement on their behalf. IN WITNESS, the Parties have approved and signed this Agreement: APPROVED BY: TOWN OF GUADALUPE APPROVED BY: MARICOPA COUNTY Valerie Molina Date Mayor Kate Brophy McGee, Chair Date Board of Supervisors Attested to: Jeff Kulaga Date Town Clerk Attested to: Juanita Garza Date Clerk, Board of Supervisors IN ACCORDANCE WITH A.R.S. §§ 9-240 and 11-952, THIS AGREEMENT HAS BEEN REVIEWED BY THE UNDERSIGNED ATTORNEY WHO HAS DETERMINED THIS AGREEMENT IS PROPER IN FORM AND WITHIN THE POWERS AND AUTHORITY GRANTED TO THE TOWN OF GUADALUPE UNDER THE LAWS OF THE STATE OF ARIZONA. APPROVED AS TO FORM: Attorney for the Subrecipient Date IN ACCORDANCE WITH A.R.S. §§ 11-201, 11-251, AND 11-952, THIS AGREEMENT HAS BEEN REVIEWED BY THE UNDERSIGNED ATTORNEY WHO HAS DETERMINED THIS AGREEMENT IS PROPER IN FORM AND WITHIN THE POWERS AND AUTHORITY GRANTED TO MARICOPA COUNTY UNDER THE LAWS OF THE STATE OF ARIZONA. APPROVED AS TO FORM: Deputy County Attorney Date Town of Guadalupe IGA Page 3 of 40 SECTION 1 GENERAL PROVISIONS Maricopa County Human Services Department SECTION 1 GENERAL PROVISIONS Town of Guadalupe IGA Page 4 of 40 1.0 PURPOSE The Subrecipient shall provide Community Action Program (CAP) Community Initiative services in specific geographic areas and service boundaries. Detailed program activities identified in Section 3 (Work Statement). 2.0 TERM OF AGREEMENT This Agreement shall commence and terminate on the dates listed on page 1 of this Agreement. This Agreement shall become effective upon approval and signature by both Parties. 3.0 RENEWAL This Agreement may be renewed by a written amendment provided the Subrecipient is in full compliance with all terms and conditions of this Agreement. Under A.R.S. § 11-952, no renewal may exceed the duration of the previous agreement. The County shall notify the Subrecipient in writing of its intent to extend the Agreement term at least thirty (30) calendar days prior to the expiration of the original Agreement term, or any additional terms thereafter. 4.0 AMENDMENTS All Amendments to this Agreement shall be in writing and signed by authorized signers for both Parties. 5.0 ACRONYMS AND DEFINITION BY LAW Acronyms and Definitions found under 2 C.F.R. §§ 200.0 & 200.1 are hereby incorporated by reference. 6.0 EFFECT To the extent that the Special Provisions are in conflict with the General Provisions, the Special Provisions shall control. To the extent that the Work Statement and the Special or General Provisions are in conflict, the Work Statement shall control. To the extent that the Compensation Provisions are in conflict with the General Provisions, Special Provisions or Work Statement, the Compensation Provisions shall control. Nothing in this Agreement shall operate to increase the final approved Operating Budget without a written amendment to this Agreement 7.0 TERMINATION 7.1 Under A.R.S. § 38-511, either Party may cancel this Agreement 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 the County at any time while this Agreement or any extension of this Agreement is in effect, is or becomes an employee or agent of any other party to this Agreement in any capacity or consultant to any other party to this Agreement with respect to the subject matter of this Agreement. Additionally, pursuant to A.R.S. § 38-511, the County may recoup any fee or commission paid or due to any person significantly involved in initiating, negotiating, securing, drafting, or creating this Agreement on behalf of the County from any other party to this Agreement arising as the result of this Agreement. A cancellation notice made under this Subparagraph shall be effective when the recipient receives a written notice of cancellation unless the notice specifies a later date. 7.2 Either Party may terminate this Agreement at any time by giving the other Party at least sixty (60) calendar days prior notice in writing (unless terminated by the County under the Availability of Funds provision). The notice shall be given by either SECTION 1 GENERAL PROVISIONS Town of Guadalupe IGA Page 5 of 40 personal delivery or registered or certified mail, postage prepaid and return receipt requested, to the persons at the addresses set forth on page 1 of this Agreement. 7.3 The County has the right to terminate this Agreement upon twenty-four (24) hour notice when the County deems the health or welfare of the service recipients are endangered or the Subrecipient’s noncompliance jeopardizes funding source financial participation. If not terminated by one of the above methods, then this Agreement will terminate upon the expiration of the Term of this Agreement stated on page 1 of this Agreement. 7.4 The County may suspend or terminate this Agreement if the Subrecipient violates any term or condition of this Agreement or if the Subrecipient fails to maintain a good-faith effort to carry out the purpose of this Agreement. 7.5 The Parties may terminate this Agreement for convenience. The Parties shall agree upon the termination conditions including the effective date of the termination. The Party initiating the termination shall notify the other Party in writing stating the reasons for such termination. 7.6 Upon termination or cancellation of this Agreement, all property, if any, shall be returned to or retained by the purchasing Party. 8.0 ADMINISTRATIVE CHANGE ORDERS The Chair or Chairman of the Board of Supervisors is authorized upon the recommendation of the Human Services Department Director and Legal Counsel, to review and execute administrative changes to the Agreement on behalf of the County through Administrative Change Orders. Administrative Change Orders will be effective upon execution by both the Parties. Administrative Changes Orders shall address any of the following changes: 8.1 Modifications to the project timeline if the last day of the project timeline is within the Agreement term; 8.2 Modifications to Budget line items if the Agreement Amount remains unchanged; 8.3 Modifications required by federal, state, or County regulations, ordinances, or policies; and/or 8.4 Modifications to Administrative requirements such as changes in reporting periods, frequency of reports, or report formats required by federal, state, and local regulations, policies or requirements. 9.0 DEFINITIONS As used throughout this Agreement, the following terms shall have the following meanings: 9.1 Assistant Director means the Assistant Director of the Senior Services and Community Resilience Division of the Maricopa County Human Services Department. 9.2 Assistance Listing Number (ALN) means the codification of the general and permanent rules and regulations published in the Federal Register by the executive departments and agencies of the federal government of the United States. 9.3 Community Action Agency means an eligible entity designated by the Governor to address the causes and conditions of poverty in a local area, as outlined under the Community Services Block Grant (CSBG) Act. 9.4 Client means an eligible individual who meets the requirements for a particular service or program as outlined under state and federal law. 9.5 County means Maricopa County, a political subdivision of the State of Arizona. 9.6 Department means the Maricopa County Human Services Department or may be referred to as MCHSD. 9.7 Director means the Director of the Maricopa County Human Services Department. SECTION 1 GENERAL PROVISIONS Town of Guadalupe IGA Page 6 of 40 9.8 Division means the Maricopa County Human Services Department, Community Services Division, also referred to as CSD. 9.9 MCHSD/CSD means the Maricopa County Human Services Department, Community Services Division. 9.10 Results Oriented Management and Accountability (ROMA) means a performance management prescribed by the federal Department of Health and Human Services for Community Action Agencies. 9.11 Subrecipient means a public or private nonprofit agency, authority or organization, or an entity described in 24 C.F.R. 570.204 (c), to which a subaward is made and which is accountable to the recipient for the use of the funds provided. 9.12 Vulnerable Adult means an individual who is eighteen years of age or older and who is unable to protect himself from abuse, neglect, or exploitation by others because of a physical or mental impairment. Vulnerable adult includes an incapacitated person as defined in A.R.S. 14-5101. 10.0 GENERAL REQUIREMENTS 10.1 The terms of this Agreement shall be construed in accordance with Arizona law and the applicable laws and regulations. Any lawsuit arising out of this Agreement shall be brought in the appropriate court in Maricopa County, Arizona. 10.2 The Subrecipient shall, without limitation, obtain and maintain all licenses, permits and authority necessary to do business, render services and perform work under this Agreement, and shall comply with all laws regarding unemployment insurance, disability insurance and worker's compensation. 10.3 The Subrecipient is an independent Contractor in the performance of work and the provision of services under this Agreement and is not to be considered an officer, employee or agent of the County. 10.4 The Subrecipient shall comply with the regulations prohibiting a conflict of interest. The Subrecipient shall not make any payments, either directly or indirectly, to any person, partnership, corporation, trust, or other organization that has a substantial interest in the Subrecipient's organization or with which the Subrecipient (or one of its directors, officers, owners, trust certificate holders, or relatives) has a substantial interest, unless the Subrecipient has made full written disclosure of the proposed payments to the County and has received written approval, therefore. 10.5 For purposes of this provision, the terms "substantial interest" and "relative" shall have the meanings prescribed by A.R.S. § 38-502. 11.0 ASSIGNMENT AND SUBCONTRACTING 11.1 No right, liability, obligation or duty under this Agreement may be assigned, delegated or subcontracted, in whole or in part, without the prior written approval of the County. The Subrecipient shall bear all liability under this Agreement, even if it is assigned, delegated, or subcontracted, in whole or in part, unless the County agrees otherwise. 11.2 The Subcontractor’s rate for the job shall not exceed that of the Subrecipient’s rate, as bid in the pricing section, unless the Subrecipient is willing to absorb any higher rates, or the County has approved the increase. The Subcontractor’s invoice shall be invoiced directly to the Subrecipient, who in turn shall pass-through the costs to the County, without mark-up. A copy of the Subcontractor’s invoice must accompany the Subrecipient’s invoice. SECTION 1 GENERAL PROVISIONS Town of Guadalupe IGA Page 7 of 40 12.0 AVAILABILITY OF FUNDS 12.1 The provisions of this Agreement relating to the payment for services shall become effective when funds assigned for the purpose of compensating the Subrecipient, as provided in this Agreement, actually are available to the County for disbursement. The County shall be the sole authority in determining the availability of funds under this Agreement and the County shall keep the Subrecipient fully informed as to the availability of funds. 12.2 If any action is taken by any federal, state, local agency, or any other agency or instrumentality to suspend, decrease, or terminate its fiscal obligation under, or in connection with, this Agreement, then the Parties may amend, suspend, decrease, or terminate their obligations under, or in connection with, this Agreement. In the event of termination, the Parties 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 Parties 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. 13.0 DISPUTES 13.1 Except as may otherwise be provided for in this Agreement, the Parties may attempt to informally resolve any dispute arising out of this Agreement for a reasonable period of time, which shall not exceed one hundred twenty (120) calendar days. Disputes which are not resolved in that time period, shall be submitted in accordance with the following formal dispute resolution process. 13.2 If a dispute cannot be resolved informally, then the Subrecipient shall notify the Department in writing by mailing notice of the dispute to the Assistant Director within ten (10) business days from expiration of the informal dispute resolution process described in Subparagraph 13.1 above. 13.3 The Assistant Director shall respond in writing to the Subrecipient within fourteen (14) business days. The decision of the Assistant Director shall be final and conclusive unless, within seven (7) business days after the date the Subrecipient is served with the decision, the Subrecipient files a written notice of appeal with the Human Services Department Director. 13.4 The Human Services Department Director shall provide the Subrecipient with a written response within fourteen (14) business days following receipt of the notice of appeal. The decision of the Director shall be final and not appealable. 13.5 Pending a final decision of the Director, the Subrecipient shall diligently proceed with its performance of this Agreement in accordance with the Assistant Director’s decision. 14.0 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 of this Agreement, and the remaining provisions shall remain in full force and effect. 15.0 STRICT COMPLIANCE The County’s acceptance of the Subrecipient’s performance that is not in strict compliance with the terms of this Agreement shall not be deemed to waive the requirements of strict compliance for all future performance. All changes in performance obligations under this Agreement shall be in writing and signed by both Parties. SECTION 1 GENERAL PROVISIONS Town of Guadalupe IGA Page 8 of 40 16.0 SINGLE AUDIT ACT REQUIREMENTS The Subrecipient is in receipt of federal funds through the County and is subject to the federal audit requirements of the Single Audit Act of 1984, as amended (Pub. L. No. 98-502) (codified at 31 U.S.C. § 7501, et seq.). The Subrecipient shall comply with 2 C.F.R. 200, Subpart F. Upon completion, such audits shall be made available for public inspection. Audits shall be submitted to the County within the twelve (12) months following the close of the fiscal year. The Subrecipient shall take corrective actions within six (6) months of the date of receipt of audit findings. The County shall consider sanctions as described in 2 C.F.R. § 200.505 if it is determined by the County that the Subrecipient is not in -compliance with the audit requirements. 17.0 AUDIT DISALLOWANCES 17.1 The Subrecipient shall, upon written notice, reimburse the County for any payments made under this Agreement that are disallowed by a federal, state, or County audit in the amount of the disallowance. Court costs and attorney and expert fees incurred will be specifically identified as applicable to the recovery of the disallowed costs in question. 17.2 If the County determines that a cost for which payment has been made is a disallowed cost, then the County will notify the Subrecipient in writing of the disallowance and the required course of action, which shall be at the option of the County, either to adjust any future claim submitted by the Subrecipient by the amount of the disallowance or to require immediate repayment of the disallowed amount by the Subrecipient issuing a check payable to the County. 18.0 SUSPENSION OF WORK The County may order the Subrecipient, in writing, to suspend, delay, or interrupt all or any part of the work of this Agreement 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 Subrecipient. 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 Agreement. 19.0 STOP WORK ORDER 19.1 The County, at any time, by written order to the Subrecipient, require the Subrecipient to stop all, or any part, of the work called for by this Agreement for a period of 90 calendar days after the order is delivered to the Subrecipient, 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 Subrecipient 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 Subrecipient, or within any extension of that period to which the Parties shall have agreed, the County shall either: 19.1.1 cancel the stop work order; or 19.1.2 terminate the work covered by the order as provided in the Termination for Default or the Termination for Convenience clause of this contract. 19.2 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 SECTION 1 GENERAL PROVISIONS Town of Guadalupe IGA Page 9 of 40 Subrecipient demonstrates that the stop work order resulted in an increase in costs to the Subrecipient. 20.0 DEFAULT AND REMEDIES FOR NONCOMPLIANCE 20.1 Notwithstanding anything to the contrary, this Paragraph shall not be deleted or superseded by any other provision of this Agreement. 20.2 This Agreement may be immediately terminated by the County if the Subrecipient defaults by failing to perform any objective or breaches any obligation under this Agreement, or any event occurs that jeopardizes the Subrecipient’s ability to perform any of its obligations under this Agreement. The County reserves the right to have service provided by persons other than the Subrecipient if the Subrecipient is unable or fails to provide required services within the specified time frame in the work statement. 20.3 Failure to comply with the requirements of this Agreement and all the applicable federal, state, or local laws, rules, and regulations may result in suspension or termination of this Agreement, the return of unexpended funds (less just compensation for work satisfactorily completed that, to date, has not been paid), the reimbursement of funds improperly expended, or the recovery of funds improperly acquired. Noncompliance includes, but is not limited to: 20.3.1 Non-performance of any obligations required by this Agreement. 20.3.2 Non-performance of any obligations required by this Agreement. 20.3.3 Noncompliance with any applicable federal, state, or local laws, rules or regulations, including guidelines, policies, or directives. 20.3.4 Unauthorized expenditure of funds. 20.3.5 Noncompliance with applicable financial record requirements, accounting principles, or standards established by OMB Uniform Guidance 2 C.F.R. § 200. 20.3.6 Noncompliance with recordkeeping, record retention, or reporting requirements. 20.4 Notwithstanding the suspension or termination of this Agreement, or the final determination of the proper disposition of funds, the Subrecipient shall, without intent to limit or with restrictions, be subject to the following: 20.4.1 All awards of funding shall be immediately revoked, and any approvals related to the project described in the Special Provision or Work Statement shall be deemed revoked and canceled. Thereby, any entitlements to compensation after suspension or termination of this Agreement are similarly revoked and unavailable. 20.4.2 Not be relieved of any liability or responsibility associated with the Special Provision or Work Statement. 20.4.3 Acknowledge that suspension or termination of this Agreement does not affect or terminate any rights against the Subrecipient at the time of suspension or termination, or that may accrue later. Nothing herein shall be construed to limit or terminate any right or remedy available under Agreement or rule. 20.4.4 Waiver of a breach or default of any term, covenant, or condition of this Agreement or any federal, state, or local law, rule, or regulation shall not operate as a waiver of any subsequent breach of the same or any other term, covenant, condition, law, rule, or regulation. 20.4.5 The Subrecipient shall, upon notice or with knowledge obtained by itself or others, take any and all proactive actions necessary, and provide any and all applicable remedies to address and correct any act by itself, and any SECTION 1 GENERAL PROVISIONS Town of Guadalupe IGA Page 10 of 40 and all of its agents, representatives, officers, officials, directors, employees, volunteers, successors, assigns, or Subcontractors that resulted in any wrongdoing (intentional or unintentional); misuse or misappropriation of funds; the incorrect or improper disposition of funds; any violation of any federal, state, or local law, rule, or regulation; or the breach of any certification or warranty provided in this Agreement. 21.0 COMPETITIVE BIDDING 21.1 If the Subrecipient is authorized to purchase supplies and equipment itemized in the Agreement for utilization in the delivery of contract services, Subrecipient shall procure all such supplies and equipment at the lowest practicable cost and shall purchase all non-expendable items having a useful life of more than one (1) year and an acquisition cost of $1,000 or more, through generally accepted and reasonable competitive bidding processes. Any procurement in violation of this provision shall be considered a financial audit exception. 21.2 Subrecipient’s own bidding procedures shall govern, as long as the procurement practices comport with federal law. 21.3 The Subrecipient shall maintain an accessible written procurement manual. 22.0 PROPERTY 22.1 Any County property furnished or purchased pursuant to the terms of this Agreement shall be utilized, maintained, repaired, and accounted for in accordance with instructions furnished by the County, and title to all such property shall revert to the County upon the expiration or termination of this Agreement. The costs to repair such property are the responsibility of the Subrecipient within the limits budgeted in this Agreement. 22.2 Any Subrecipient property furnished or purchased pursuant to the terms of the Agreement shall be utilized, maintained, repaired, and accounted for by the Subrecipient. Repair costs of such property shall be the responsibility of the Subrecipient. 22.3 The Subrecipient shall maintain property and equipment inventory records that clearly identify properties and equipment purchased, improved or sold. Properties and equipment retained shall continue to meet eligibility criteria and shall conform to the use of property and equipment. 23.0 NON-LIABILITY The County and its agents, representatives, officials, officers, directors, employees, volunteers, departments, agencies, boards, and commissions shall not be liable for any act or omission by the Subrecipient or any and all of its agents, representatives, officials, officers, directors, employees, volunteers, agencies, boards, commissions, or Subcontractors occurring in the performance of this Agreement, nor shall the County and its agents, representatives, officials, officers, directors, employees, volunteers, departments, agencies, boards, and commissions be liable for purchases, Subcontract, or agreements made by the Subrecipient or any and all of its agents, representatives, officials, officers, directors, employees, volunteers, agencies, boards, commissions, or subcontractors in connection with this Agreement. 24.0 RECIPROCAL INDEMNIFICATION 24.1 Each Party (as “Indemnitor”) agrees to indemnify, defend, and hold harmless the other Party (as “Indemnitee”) from and against all claims, losses, liability, costs, or expenses (including reasonable attorneys’ fees, expert witnesses’ fees and other SECTION 1 GENERAL PROVISIONS Town of Guadalupe IGA Page 11 of 40 litigation costs) (hereinafter collectively referred to as “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 liability to the Indemnitee, are caused by the act, omission, negligence, misconduct, or other fault of the Indemnitor, its officers, officials, agents, employees, or volunteers. 24.2 Subrecipient shall add an indemnity clause to all agreements with contractors receiving funds from this agreement requiring that contractor indemnify, defend and hold the County harmless and its officers, officials, employees, and agents (collectively, “Indemnitees”) from and against any and all claims, losses, liability, costs, or expenses (including reasonable attorney and expert fees) (collectively referred to as “claims”) either arising from or related to breach of the contract, but only to the extent such claims are caused by the act, omission, negligence, misconduct, or other fault of the Indemnitor and any and all of its agents, representatives, officials, officers, directors, employees, volunteers, departments, agencies, boards, committees, and commissions. 25.0 INSURANCE 25.1 Each Party is a Public entity and shall provide the other Party with a Certificate of Self-Insurance equal to the types and amounts specified below: General Aggregate $3,000,000 Each Occurrence Limit $1,000,000 Workman’s Compensation a limit of no less than $1,000,000 for each accident $1,000,000 25.2 Within ten (10) calendar days following execution of this Agreement, the City shall furnish the County, to the persons listed on Page one (1), with valid and complete Certificate(s) of Insurance, or formal endorsements as required in the form provided by the County, issued by the City, as evidence that policies providing the required coverage, conditions and limits as required by this Agreement are in full force and effect. Such certificates shall identify this Agreement number and title. The City shall ensure the Insurance thresholds are met: 25.2.1 In addition to the above, the City shall provide a copy by mail to the following and Certificate holder shall be identified as: Mail COI to: Maricopa County c/o Risk Management 301 W Jefferson St., Suite 910 Phoenix, AZ 85003 25.3 Cancellation and Expiration Notice: 25.3.1 Applicable to all insurance policies required within the insurance requirements of this contract, City’s insurance shall not be permitted to expire, be suspended, be canceled, without 30 days prior written notice to Maricopa County. Such notice shall be sent directly to Maricopa County Human Services Department, Workforce Development Division and shall be mailed, or hand delivered to 234 N. Central Avenue, Phoenix Suite 3000, AZ 85004, or emailed to the Human Services representative noted in the Contract. 26.0 OFFSHORE PERFORMANCE OF WORK PROHIBITED Due to security and identity protection concerns, direct services under this Agreement shall be performed within the borders of the United States. Any services that are described in the specifications or scope of work that directly serve the State of Arizona or its clients and SECTION 1 GENERAL PROVISIONS Town of Guadalupe IGA Page 12 of 40 may involve access to secure or sensitive data or personal client data or development or modification of software for the State shall be performed within the borders of the United States. Unless specifically stated otherwise in the specifications, this definition does not apply to indirect or “overhead” services, redundant back-up services or services that are incidental to the performance of this Agreement. The provision applies to work performed by Subcontractors at all tiers. 27.0 TECHNICAL ASSISTANCE The County will provide reasonable technical assistance to the Subrecipient to assist in complying with state and federal laws, and regulations, and accountability for diligent performance and compliance with the terms and conditions of this Agreement and all applicable laws, regulations and standards. However, this assistance in no way relieves the Subrecipient of full responsibility and accountability for its actions and performance in compliance with the terms of this Agreement. 28.0 STAFF AND VOLUNTEER TRAINING The County may make available to the Subrecipient the opportunity to participate in any applicable training activities conducted by the County. 29.0 CLEAN AIR ACT If the total face value of this Agreement exceeds $100,000, the Subrecipient agrees to comply with all regulations, standards and orders issued pursuant to the Clean Air Act of 1970, as amended (42 U.S.C. §§ 7401, et seq.), to the extent any are applicable by reason of performance of this Agreement. 30.0 LOBBYING 30.1 No federal appropriated funds have been paid or will be paid by or on behalf of the 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 agreement, 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 any federal agreement, grant, loan, or cooperative agreement. 30.2 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, an officer or employee of Congress, or an employee of a member of Congress in connection with any federal agreement, grant, loan or cooperative agreement, then the Subrecipient shall complete and submit OMB Form-LLL, titled "Disclosure of Lobbying Activities," in accordance with its instructions and 31 U.S.C. § 1352. 31.0 RELIGIOUS ACTIVITIES The Subrecipient warrants that none of its costs and none of the costs incurred by the Subrecipient or any of its Subcontractors will include any expense for any religious activities. 32.0 POLITICAL ACTIVITY PROHIBITED None of the funds, materials, property or services contributed by the County or the Subrecipient or any Subcontractor under this Agreement shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office. SECTION 1 GENERAL PROVISIONS Town of Guadalupe IGA Page 13 of 40 33.0 COVENANT AGAINST CONTINGENT FEES The Subrecipient warrants that no person or entity has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage or contingent fee. For breach or violation of this warranty, the County may immediately terminate this Agreement without liability. 34.0 SAFEGUARDING OF PARTICIPANT INFORMATION 34.1 The Subrecipient 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 Subrecipient shall release information to the County, Department, Attorney General’s Office, or other designated agency as required by the County by the terms of this Agreement or by law. 34.2 The Subrecipient shall comply with the requirements of the Arizona Address Confidentiality Program, A.R.S. §§ 41-161, et seq. MCHSD/CSD will advise the Subrecipient as to applicable policies and procedures adopted for such compliance. 34.3 The Subrecipient understands that client information collected under this Agreement is private and the use or disclosure of such information, when not directly connected with the administration of the Subrecipient's responsibilities with respect to services provided under this Agreement, is prohibited unless written consent is obtained from such person receiving service. 35.0 CONFIDENTIAL INFORMATION 35.1 Any information obtained in the course of performing this Agreement may include information that is proprietary or confidential to the County. This provision establishes the Subrecipient’s obligation regarding such information. 35.2 The Subrecipient shall establish and maintain procedures and controls that are adequate to assure that no information contained in its records and/or obtained from the County or from others in carrying out its functions (services) under the Agreement shall be used by or disclosed by it, its agents, officers, or employees, except as required to efficiently perform duties under the Agreement. The Subrecipient’s procedures and controls at a minimum must be the same procedures and controls it uses to protect its own proprietary or confidential information. If, at any time during the duration of the Agreement, the County determines that the procedures and controls in place are not adequate, the Subrecipient shall institute any new and/or additional measures requested by the County within fifteen (15) calendar days of the written request to do so. 35.3 Any requests to the Subrecipient for County proprietary or confidential information shall be referred to the County for review and approval, prior to any dissemination. 36.0 RIGHTS IN DATA The Parties shall have the use of 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 such available information that is relevant to this Agreement and to the performance under it. 37.0 COPYRIGHTS If this Agreement results in a book or other written material, then the author is free to copyright the work, but the County reserves a royalty-free, nonexclusive, perpetual and irrevocable license to reproduce, publish, or otherwise use and to authorize other to use, all SECTION 1 GENERAL PROVISIONS Town of Guadalupe IGA Page 14 of 40 copyrighted material and all material which can be copyrighted resulting from this Agreement. 38.0 AGREEMENT COMPLIANCE MONITORING/AUDITING 38.1 The County shall monitor the Subrecipient's compliance with, and performance goals under, the terms and conditions of this Agreement as well as applicable federal regulations. On-site visits for compliance monitoring may be made by the County and its grantor agencies (or both the County and its grantor agencies) at any time during the Subrecipient's normal business hours, announced or unannounced. 38.2 The County will conduct on-site monitoring, at a minimum of once every two (2) years. Monitoring to include but not limited to: facilities, administrative and financial operations, and programmatic service delivery. 38.3 County will monitor monthly expenditures of funds, to determine over/under expenditure patterns. County staff will meet with CAP to discuss spending trends and methods to be used to ensure services are available throughout the term of the contract. 38.4 The Subrecipient will prepare for monitoring and assure all required files and documentation are available at scheduled monitoring for inspection and copying. Failure of Subrecipient to administer, implement and perform as determined by federal regulations and County policies shall constitute non-compliance with this Agreement and is subject to the Default and Remedies for Noncompliance provided in this Agreement. 39.0 CONTINGENCY RELATING TO OTHER AGREEMENTS AND GRANTS 39.1 The Subrecipient shall, during the term of this Agreement, immediately inform the Department in writing of the award of any other agreement or grant, including any other agreement or grant awarded by the County, where the award may affect either the direct or indirect costs being paid or reimbursed under this Agreement. Failure by the Subrecipient to notify the Department County of such award shall be considered a violation of this Agreement and the County may immediately terminate this Agreement without liability. 39.2 The Department may request, and the Subrecipient shall provide within a reasonable time, which shall not exceed ten (10) business days, a copy of such other agreement or grant, when in the opinion of the Department the award of the agreement or grant may affect the costs being paid or reimbursed under this Agreement. 39.3 If the Department determines that the award to the Subrecipient of such other agreement or grant has affected the costs being paid or reimbursed under this Agreement, then the Department will prepare an amendment to this Agreement effecting a cost adjustment. If the Subrecipient disputes the proposed cost adjustment, then the dispute shall be resolved pursuant to the "Disputes" section contained in this Agreement. 40.0 MINIMUM WAGE REQUIREMENTS The Subrecipient agrees and warrants that it shall pay all its employees engaged in performing work or providing services under the terms of this Agreement not less than the minimum wage specified under Section 6(a)(1) of the Fair Labor Standards Act of 1938, as amended and as specified by Arizona law. SECTION 1 GENERAL PROVISIONS Town of Guadalupe IGA Page 15 of 40 41.0 RECOGNITION OF COUNTY SUPPORT The Subrecipient shall give recognition to the County and the funding source for its support when the Subrecipient publishes materials or releases public information that is paid for in whole or in part with funds received by the Subrecipient under this Agreement. 42.0 NONDISCRIMINATION, EQUAL OPPORTUNITY AND EQUAL ACCESS 42.1 Subrecipient agrees to comply with all provisions and requirements of Arizona Executive Order 2009-09 including flow down of all provisions and requirements to any subcontractors. Executive Order 2009-09 supersedes Executive order 99-4 and amends Executive order 75-5 and may be viewed and downloaded at the Arizona State Library Research website: (http://azmemory.azlibrary.gov/cdm/singleitem/collection/execorders/id/680/rec/1) which is hereby incorporated into this Agreement as if set forth in full herein. In connection with any service or other activity under this Agreement, Subrecipient shall not discriminate against any employee, client, or any other individual in any way because of that person’s age, race, creed, color, religion, sex, disability, or national origin. 42.2 The Subrecipient, in connection with any service or other activity under this Agreement, shall not in any way, discriminate against any person on the grounds of race, color, religion, sex, national origin, age, disability, political affiliation or belief. The Subrecipient shall include this clause in all of its Subcontracts. 43.0 DISABILITY REQUIREMENTS The Subrecipient agrees that any electronic or information technology offered under this Agreement shall comply with A.R.S. §§41-2531 and 41-2532 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. 44.0 EQUAL EMPLOYMENT OPPORTUNITY 44.1 The Subrecipient 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. 44.2 The Subrecipient 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. 44.3 The Subrecipient shall and shall cause its Subcontractors to comply with: 44.3.1 Title VI and VII of the Civil Rights Act of 1964, as amended (42 U.S.C. §§ 2000a, et seq.); 44.3.2 the Rehabilitation Act of 1973, as amended (29 U.S.C. §§ 701, et seq.); 44.3.3 the Age Discrimination in Employment Act of 1967, as amended (29 U.S.C. §§ 621, et seq.); 44.3.4 the Americans With Disabilities Act of 1990 (42 U.S.C. §§ 12101, et seq.); and 44.3.5 Arizona Executive Order 2009-09, as amended, et seq. which mandates that all persons shall have equal access to employment opportunities. SECTION 1 GENERAL PROVISIONS Town of Guadalupe IGA Page 16 of 40 45.0 UNIFORM ADMINISTRATIVE REQUIREMENTS By entering into this Agreement, the Subrecipient agrees to comply with all applicable provisions of Title 2, Subtitle A, Chapter II, Part 200—UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS contained in Title 2 C.F.R. § 200, et seq. 46.0 FINANCIAL MANAGEMENT 46.1 The Subrecipient agrees to maintain an adequate accounting system that provides for appropriate grant accounting (including calculation of program income). 46.2 The Subrecipient shall comply with accounting principles and procedures required to utilize adequate internal controls and maintain necessary source documentation for all costs incurred, as well as any applicable federal laws and regulations. 46.3 The Subrecipient shall establish and maintain a separate, interest-bearing bank account for money provided under this Agreement, or an accounting system that assures the safeguarding and accountability of all money and assets provided under this Agreement. No part of the money deposited in the bank account shall be commingled with other funds or money belonging to the Subrecipient. All interest earned on the account shall be disposed of in a manner specified by the County in accordance with applicable state and federal regulations. 46.4 The Subrecipient shall provide a signed bank account agreement authorizing the County to obtain information about the account. If an accounting system is used, then it shall be in accord with generally accepted accounting principles. 47.0 RETENTION OF RECORDS 47.1 This provision applies to all financial and programmatic records, supporting document, statistical records and other records of the Subrecipient that are related to this Agreement. 47.2 The Subrecipient shall retain all records relevant to this Agreement for six (6) years after final payment or until after the resolution of any audit questions which could be more than six (6) years, whichever is longer, and the County, federal and state 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. 48.0 ADEQUACY OF RECORDS If the Subrecipient’s books, records and other documents related to this Agreement are not sufficient to support and document that allowable services were provided to eligible participants, then the Subrecipient shall reimburse the County for the services not supported and documented. 49.0 VERIFICATION REGARDING COMPLIANCE WITH A.R.S. §41-4401 AND FEDERAL IMMIGRATION LAWS AND REGULATIONS: 49.1 By entering into the Agreement, the Subrecipient warrants compliance with the Federal Immigration and Nationality Act (FINA using E-verify) and all other Federal immigration laws and regulations related to the immigration status of its employees and A.R.S. §23-214(A). The Subrecipient shall obtain statements from its subcontractors certifying compliance and shall furnish the statements to Maricopa County upon request. These warranties shall remain in effect through the term of the Agreement. The Subrecipient and its subcontractors shall also maintain Employment Eligibility Verification forms (I-9) as required by the Immigration Reform and Control Act of 1986, as amended from time to time, for all employees performing work under the Agreement and verify employee compliance using the E-verify SECTION 1 GENERAL PROVISIONS Town of Guadalupe IGA Page 17 of 40 system and shall keep a record of the verification for the duration of the employee’s employment or at least three (3) years, whichever is longer. I-9 forms are available for download at USCIS.GOV. 49.2 The County retains the legal right to inspect Subrecipient and subcontractor employee documents performing work under this Agreement to verify compliance with paragraph 49.1 of this Section. Subrecipient and subcontractor shall be given reasonable notice of the County’s intent to inspect and shall make the documents available at the time and date specified. Should the County suspect or find that the Subrecipient or any of its subcontractors are not in compliance, the County will consider this a material breach of the Subrecipient and 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 Subrecipient. All costs necessary to verify compliance are the responsibility of the Subrecipient. 50.0 DRUG FREE WORKPLACE ACT The Subrecipient agrees to comply with the Drug-Free Workplace Act of 1988 (41 U.S.C. §§ 701, et seq.), which requires that Subrecipients and grantees of federal funds must certify that they will provide drug-free workplaces. 51.0 EMPLOYMENT DISCLAIMER 51.1 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. 51.2 The Parties agree that no individual performing under this Agreement on behalf of the Subrecipient is to be considered a County employee, and that no rights of County civil service, County retirement, or County personnel rules shall accrue to such individual. The Subrecipient shall have total responsibility for all salaries, wages, bonuses, retirement, withholdings, workman's compensation, occupational disease compensation, unemployment compensation, other employee benefits, and all taxes and premiums appurtenant thereto concerning such individuals and shall save and hold the County harmless with respect thereto. 51.3 The County agrees that no individual performing under this Agreement on behalf of County may be considered a Subrecipient agent, employee, or representative and that no rights of the Subrecipient civil service, the Subrecipient retirement, or the Subrecipient personnel rules shall accrue to or apply to any such individual. The County 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 such individuals and the County shall indemnify, defend and hold harmless the Subrecipient with respect thereto. 52.0 CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY AND VOLUNTARY EXCLUSION 52.1 The Subrecipient, by signing this Agreement, represents that he/she has the authority to bind the Subrecipient to the terms of this Certification. The Subrecipient, as the primary participant in accordance with 2 C.F.R. Part 180, certifies to the best of its knowledge and belief that it and its principals: SECTION 1 GENERAL PROVISIONS Town of Guadalupe IGA Page 18 of 40 52.1.1 Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency or any state, or local jurisdiction; 52.1.2 Have not within a 3-year period preceding the Start Date of this Agreement, 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; 52.1.3 Are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with the commission of any of the offenses enumerated in Sub-subparagraph 52.1.2 above; and 52.1.4 Have not, within a three-year period preceding this Start Date of this Agreement, had one or more public transactions (federal, state, or local) terminated for cause or default. 52.2 The Subrecipient agrees to include, without modification, this clause in all lower tier covered transactions (i.e., transactions with Subcontractors) and in all solicitations for lower tier covered transactions related to this Agreement. 53.0 EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS: 53.1 The Subrecipient agrees that this Agreement and employees working on this Agreement will be subject to the whistleblower rights and remedies in the pilot program on the Subrecipient 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; 53.2 The Subrecipient 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 Subrecipient and copies provided to County upon request; and 53.3 The Subrecipient shall insert the substance of this clause, including this Paragraph 53.0, in all subcontracts over the simplified acquisition threshold ($250,000 as of June 2021). 54.0 WRITTEN CERTIFICATION PURSUANT TO A.R.S. § 35-393.01 If the Subrecipient 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 Subrecipient 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. 55.0 SURVIVAL The indemnification, hold harmless, defense, and non-liability provisions of this Agreement shall have full force and effect notwithstanding any other provisions in this Agreement and shall survive the termination or expiration of this Agreement. SECTION 1 GENERAL PROVISIONS Town of Guadalupe IGA Page 19 of 40 56.0 FORCE MAJEURE 56.1 Neither Party shall be liable for failure of performance, nor incur any liability to the other Party on account of any loss or damage resulting from any delay or failure to perform all or any part of this Agreement if such delay or failure is caused by events, occurrences, or causes beyond the reasonable control and without negligence of the Parties. Such events, occurrences, or causes will include Acts of God/Nature (including fire, flood, earthquake, storm, hurricane, or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, riots, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, lockout, blockage, embargo, labor dispute, strike, pandemic, and interruption or failure of electricity or telecommunication service. 56.2 Each Party, as applicable, shall give the other Party notice of its inability to perform and particulars in reasonable detail of the cause of the inability. Each party must use best efforts to remedy the situation and remove, as soon as practicable, the cause of its inability to perform or comply. 56.3 The Party asserting Force Majeure as a cause for non-performance shall have the burden of proving that reasonable steps were taken to minimize delay or damages caused by foreseeable events, all non-excused obligations were substantially fulfilled, and the other Party was timely notified of the likelihood or actual occurrence that would justify such an assertion, so that other prudent precautions could be contemplated. 57.0 UYGHUR FORCED LABOR PREVENTION ACT (UFLPA) 57.1 The Subrecipient warrants and certifies that they do not currently, and agree for the duration of this Agreement that they will not use: 57.1.1 the forced labor of ethnic Uyghurs in the People’s Republic of China. 57.1.2 any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China. 57.1.3 any contractors, subcontractors or suppliers that use the forced labor or any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China. 57.2 If the Subrecipient become aware during the term of this Agreement that they are not in compliance with this paragraph, the Subrecipient shall notify the County within five business days after becoming aware of the noncompliance. Failure of either Party to provide a written certification that the other Party has remedied the noncompliance within one hundred eighty (180) days after notifying the public entity of its noncompliance, this Agreement shall terminate unless the Term of this Agreement shall end prior to said one hundred eighty (180) day period. 58.0 PROVISIONS REQUIRED BY LAW Each and every provision of law and any clause required by law to be in this Agreement will be read and enforced as though it were included herein and, if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party, this Agreement will promptly be physically amended to make such insertion or correction. SECTION 1 GENERAL PROVISIONS Town of Guadalupe IGA Page 20 of 40 59.0 ACCEPTANCE OF FUNDS Subrecipient hereby accepts the award of funds under the terms of this Agreement and agrees to execute and return this Agreement to the County within thirty (30) calendar days after receipt, unless Subrecipient receives a written waiver of this requirement by the County. Town of Guadalupe IGA Page 21 of 40 SECTION 2 SPECIAL PROVISIONS Maricopa County Human Services SECTION 2 SPECIAL PROVISIONS Town of Guadalupe IGA Page 22 of 40 1.0 STANDARDS The Subrecipient shall perform the work and provide the services as identified in the Work Statement and shall immediately notify the Department whenever the Subrecipient is unable to, or anticipates an inability to, perform any of the work, or provide any of the services required by the terms of this Agreement. The Subrecipient acknowledges that any inability to perform the work and provide the services, or comply with the standards set forth in, this Agreement may subject the Subrecipient to the remedies provided in the Section 1 (General Provisions), Paragraph 20.0, (Default and Remedies for Noncompliance). 2.0 COMPLIANCE WITH LAWS, RULES & REGULATIONS 2.1 This Agreement and the Parties to it, are subject to all applicable federal, state, or local laws, rules, and regulations. The Subrecipient comply with all applicable laws, rules and regulations, without limitation to those designated within this Agreement. 2.2 The Subrecipient shall comply with federal, state, and County requirements as they relate to general federal and state grant requirements. 3.0 AUDIT REQUIREMENTS In accordance with A.R.S. § 9-481, the Subrecipient shall, at its own expense, file with the County by March 31st of each Agreement year, either: 3.1 Audited financial statements prepared in accordance with federal single audit requirements; or 3.2 Financial statements prepared in accordance with generally accepted accounting principles audited by an independent certified public accountant; or 3.3 A Comprehensive Annual Financial Report, prepared in accordance with generally accepted accounting principles audited by an independent certified public accountant. 4.0 SYSTEM FOR AWARD MANAGEMENT The Subrecipient and all Subcontractors shall have a valid Unique Entity Identifier (UEI) number and an active profile in the federal System for Award Management, or SAM.gov. Documentation of the UEI Number must be included in all project files. The Subrecipient and all Subcontractors must remain current with their registration throughout the term of the Agreement. Subrecipients and Subcontractors will not receive a subaward until that entity has provided its UEI number. 2 C.F.R. § 25.300; Appendix A to 2 C.F.R. § 25. 5.0 BACKGROUND CHECKS FOR EMPLOYMENT THROUGH CENTRAL REGISTRY The Subrecipient shall ensure: 5.1 Background checks are conducted on all individuals providing direct services to children or vulnerable adults, the following shall apply: 5.1.1 The provisions of A.R.S. § 8-804 (as may be amended) are hereby incorporated in its entirety as provisions of the Contract. 5.1.2 Subrecipient hall request ADES to conduct Central Registry Background Checks on behalf of employees. The information contained in the Central Registry will be used as a factor to determine qualifications for positions that provide direct service to juveniles or vulnerable adults as follows: 5.1.2.1 Any person, their employees or volunteers who apply for a contract with MCHSD; or 5.1.2.2 All employees of the Subrecipient; or 5.1.2.3 A subcontractor of the Subrecipient and the subcontractor’s employees; and SECTION 2 SPECIAL PROVISIONS Town of Guadalupe IGA Page 23 of 40 5.1.2.4 Prospective employees of the Subrecipient or its subcontractor at the request of the prospective employer. 5.1.3 Volunteers who provide direct services to children or vulnerable adults shall have a Central Registry Background Check which is to be used as a factor to determine qualifications for volunteer positions. 5.1.3.1 A person who is disqualified because of a Central Registry Background Check may apply to the Board of Fingerprinting for a Central Registry exception pursuant to A.R.S. § 41-619.57. A person who is granted a Central Registry exception pursuant to A.R.S. § 41-619.57 is not entitled to a contract, employment, licensure, certification, or other benefit because the person has been granted a Central Registry exception. 5.1.3.2 Before being employed or volunteering in a position that provides direct services to children or vulnerable adults under this Contract, persons shall certify on forms provided by ADES whether an allegation of abuse or neglect was made against them and was substantiated. The completed forms are to be maintained as confidential. 5.1.4 A person awaiting receipt of the Central Registry Background Check may provide direct services to clients after completion and submittal of the Direct Service Position certification form if the certification states: 5.1.4.1 The person is not currently the subject of an investigation of child abuse or neglect in Arizona or another state or jurisdiction; and 5.1.4.2 The person has not been the subject of an investigation of child abuse or neglect in Arizona, or another state or jurisdiction, which resulted in a substantiated finding. 5.1.5 If the Central Registry Background Check specifies any disqualifying act and the person does not have a Central Registry exception, the person shall be prohibited from providing direct services to program participants. 5.1.6 The Subrecipient shall maintain the Central Registry Background Check results and any related forms or documents in a confidential file for five (5) years after termination of the Contract. 5.1.7 The Subrecipient shall require each employee to complete and sign the Direct Service Position form and retain in a confidential file for five (5) years after termination of the Contract. 5.1.7.1 The Request for Search of Central Registry for Background Check form and the Direct Service Position form can be found at: https://des.az.gov/documents-center In the Document Center “Filter by Category” Select “Aging” and click on “Search”. Document Number “AAA-1344A” “Direct Service Position”. 5.1.7.2 Download forms, complete for each employee and submit to Arizona Department of Economic Security Division of Aging and Adult Services as instructed on the forms. 5.1.8 Upon request the Subrecipient shall make available valid Background Check information to County. 6.0 FINGERPRINTING 6.1 Subrecipient shall comply with, and shall ensure that all Subrecipient’s employees, independent Subrecipient, subcontractors, volunteers, and other agents comply with, all applicable (current and future) legal requirements relating to fingerprinting, SECTION 2 SPECIAL PROVISIONS Town of Guadalupe IGA Page 24 of 40 fingerprinting clearance cards, certification regarding pending or past criminal matters, and criminal records checks that relate to contract performance. 6.1.1 Applicable legal requirements relating to fingerprinting, certification, and criminal background checks may include, but not limited, to the following: A.R.S. § 36-594.01, 36-3008, 41-1964, and 46-141. All applicable legal requirements relating to fingerprinting, fingerprint clearance cards, certification regarding pending or past criminal matters, and criminal records checks are hereby incorporated in their entirety as provisions of this Contract. The Subrecipient is responsible for knowing which legal requirements relating to fingerprinting, fingerprint clearance cards, certifications regarding pending or past criminal matters, and criminal records checks relate to contract performance. 6.1.2 To the extent A.R.S. § 46-141 is applicable to contract performance or the services provided under the Contract, the following provisions apply: 6.1.2.1 Personnel who are employed by the Subrecipient, whether paid or not, and who are required or allowed to provide services directly to juveniles or vulnerable adults shall have a valid fingerprint clearance card or shall apply for a fingerprint clearance card within seven (7) working days of employment. 6.1.2.2 Except as provided in A.R.S. § 46-141, the Contract may be cancelled or terminated immediately if a person employed by the Subrecipient and who has contact with juveniles certifies pursuant to the provisions of A.R.S § 46-141 (as may be amended) that the person is awaiting trial or has been convicted of any of the offenses listed therein in the State, or of acts committed in another state that would be offenses in this State, or if the person does not possess or is denied issuance of a valid fingerprint clearance card. 6.1.3 Upon request the Subrecipient shall make available valid Fingerprint information to County. 7.0 NON-DISCRIMINATION 7.1 Subrecipient shall comply with the following federal regulations: 7.1.1 Title VII of the Civil Rights Act of 1964, as amended; 7.1.2 Age Discrimination in Employment Act; 7.1.3 Rehabilitation Act of 1973, as amended, which prohibits discrimination in the employment or advancement in employment of qualified persons because of physical or mental handicap; 7.1.4 The Fair Labor Standards Act of 1938, as amended; 7.1.5 Title VI of the Civil Rights Act of 1964, which prohibits the denial of benefits of or participation in contract services on the basis of race, color, or national origin; 7.1.6 Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination on the basis of disability in delivering contract services; 7.1.7 Title II of the Americans with Disabilities Act, and the Arizona Disability Act, which prohibit discrimination on the basis of physical or mental disabilities in the provision of contract programs, services and activities; Town of Guadalupe Page 25 of 40 SECTION 3 WORK STATEMENT Maricopa County Human Services Town of Guadalupe Page 26 of 40 1.0 PROGRAM GOALS Maricopa County is a designated Community Action Agency, authorized under the federal Community Services Block Grant (CSBG) Act to address the causes and conditions of poverty in local areas. The Maricopa County Human Services Department/Senior Services and Community Resilience Division (MCHSD/SSCRD) administers Community Action Program activities, the primary purpose of SSCRD is to provide a range of programs or services that are intended to: • pursue the reduction of poverty, • the revitalization of low-income communities; and • the empowerment of low-income families and individuals to become fully self- supportive. Through partnerships with local municipalities or private, non-profit organizations, community action programs and services are provided to residents in the local area. 2.0 SCOPE OF WORK Community Action Program Services shall include the delivery of crisis services, internal/ external program navigation, and program referrals intended to assist in the stabilization of immediate/ emergent needs for families that are facing eviction, disruption in utilities, experiencing insufficient food and/or nutrition, and/or are unemployed/ underemployed. Services shall be delivered in a wrap around, comprehensive manner to address the needs of the household and to move families closer to economic stability. 2.1 MCHSD Crisis Financial Assistance Services Eligibility for financial assistance is determined and benefit payments made on behalf of program participants, these include but are not limited to, emergency rent, move-in assistance, utility payments or deposits, and emergency utility payments. 2.1.1 MCHSD Crisis Financial Assistance Services shall be coordinated with other local or grant financial assistance services to maximize benefits to the household. 2.1.2 Eligibility criteria for financial assistance funds are defined in the MCHSD/SSCRD Policy and Procedure Program Handbook. 2.1.3 Financial assistance funds are managed and allocated by MCHSD. Funds will be made available to the Subrecipient through HSD Dynamics or another comparable platform. 2.1.4 MCHSD/SSCRD will make payments directly to vendors upon authorization by the County). 2.1.5 Available Financial Assistance Services shall include the following: 2.1.5.1 Utility Assistance 2.1.5.1.1 Utility payments and deposits for heating and cooling; 2.1.5.1.2 Rental assistance where utility payment is included in rent. 2.1.5.2 Rental Assistance 2.1.5.2.1 Rental assistance to prevent eviction; and 2.1.5.2.2 Move in assistance to include rental deposits and first month rent. 2.1.6 MCHSD Crisis Financial Assistance Service Requirements: 2.1.6.1 Subrecipient shall conduct application intake for MCHSD Crisis Financial Assistance Services to clients who apply in person with a paper application or need assistance applying online. 2.1.6.2 On-site application process shall include the following: 2.1.6.2.1 Provide paper applications, or assist clients with completing the online application process; SECTION 3 WORK STATEMENT Town of Guadalupe IGA Page 27 of 40 2.1.6.2.2 Collect client eligibility documents for identified services, as required in the MCHSD/SSCRD Policy and Procedure Program Handbook; 2.1.6.2.3 Information from the paper application shall be entered into HSD Dynamics or another comparable platform within 24 hours of receipt; 2.1.6.2.4 Upload a copy of the paper application in HSD Dynamics SharePoint or another comparable platform; 2.1.6.2.5 Create an application in HSD Dynamics or another comparable platform, as well as the program application (s) which the client applied for; 2.1.6.2.6 Upload eligibility documents in HSD Dynamics or another comparable platform; 2.1.6.2.7 Research each household member to determine if they have received previous assistance; and 2.1.6.2.8 Research and enter vendor/provider information in Dynamics. 2.1.6.3 The Subrecipient will also process applications submitted through the HSD Dynamics client portal or another comparable platform per MCHSD/ SSCRD Policy and Procedure Handbook following the process outlined below: 2.1.6.3.1 Subrecipient will assign and disposition program applications to Client Services Specialists; 2.1.6.3.2 Upload eligibility documents in HSD Dynamics or another comparable platform; and 2.1.6.3.3 Research provider profile and submit vendor information related to the County vendor registration process, within twenty-four (24 hours), if applicable; 2.1.6.3.4 Document all services provided and supported by County funds in HSD Dynamics or another comparable platform, in addition to local/ grant financial assistance services; 2.1.6.3.5 Manage and monitor application queue in HSD Dynamics or another comparable platform based on program application submission date; 2.1.6.3.6 The Service Provider shall adhere to the queue mitigation protocols set forth in the Policy and Procedure Manual to maintain wait times and queue volumes within the parameters defined therein. 2.1.6.3.7 All client communication must be documented as well as make relevant ‘case notes’ on the client’s current application timeline in HSD Dynamics or another comparable platform. 2.1.6.3.8 Conduct quality assurance review and ensure quality controls on each program application case and subsequent completed service authorization (s); Subrecipient shall document site QA procedures and designate an owner of the QA process by role and name which must remain updated throughout the program year. Submit to MCHSD upon request. SECTION 3 WORK STATEMENT Town of Guadalupe IGA Page 28 of 40 2.1.6.3.9 Resolve rejected service authorizations and data entry errors within two (2) business days from the rejection date. 2.1.6.3.10 Subcontractor shall comply with the requirements of Arizona Confidentiality Program A.R.S.§41-161 and procedures outlined in the MCHSD-SSCRD Policy and Procedure Manual. 2.2 Navigation Services Navigation services are offered to clients following the completion of the HSD Dynamics application or another comparable platform application, and program application. Navigation is a staff assisted function that includes the collection of eligibility documents and completion/ submission of program application for both Subrecipient’s internal programs (non-County funded) along with external program services. 2.2.1 Navigation to Low-Income Energy Assistance Program (LIHEAP) Services: 2.2.1.1 Subrecipient shall provide application assistance which may include the following: 2.2.1.1.1 Answering questions about program eligibility and the application process. 2.2.1.1.2 Entering application data directly into the DES portal on behalf of the Client, including LIHEAP application signature page. 2.2.1.1.3 Scanning and uploading required documents, as needed. 2.2.1.1.4 Provide paper applications to clients, upon request. Enter and upload required documentation into the DES portal on the Client’s behalf. 2.2.1.1.5 Upon request, provide assistance in completing the ID.me identity verification process to include scanning required documents and uploading to the ID.me website (www.ID.me.com). 2.2.1.1.6 Screen for crisis circumstances to ensure priority will be given to a Life Threatening Crisis Assistance Application. 2.2.1.1.7 Conduct initial screening and reporting of potential Welfare Fraud. 2.2.1.1.8 All LIHEAP Navigations that are completed must be documented in HSD Dynamics or another comparable platform. A case note must be made on the utility program application timeline and monitory navigations fields must be completed. 2.2.1.2 Navigation to Internal Program Services 2.2.1.2.1 Subrecipient shall identify a minimum of two (2) internal programs based on the most recent MCHSD Community Needs Assessment, to complete a logic model and provide additional outcome reporting. Subrecipient will submit a logic model (Exhibit 1) by July 31st of the current program year, to be approved by MCHSD. The logic model shall provide the following information for each program service: SECTION 3 WORK STATEMENT Town of Guadalupe IGA Page 29 of 40 2.2.1.2.1.1 Community need; 2.2.1.2.1.2 Anticipated program outcome(s); 2.2.1.2.1.3 Description of program service; 2.2.1.2.1.4 Projected number of individuals/ households to be served; and 2.2.1.2.1.5 Projected number of individuals/ households who will achieve anticipated program outcome(s). 2.2.1.2.1.6 Data collection methodology 2.2.1.2.2 Subrecipient shall conduct follow up contact with clients to assess for additional needs and to track program outcomes as it relates to the outcomes identified in the Subrecipient’s logic model. 2.2.1.2.2.1 Follow up contact shall be conducted at intervals of 3 months, 6 months, and 9 months following the receipt of program services. 2.2.1.3 Navigation Service Requirements 2.2.1.3.1 Clients shall have a completed application and program application(s) in HSD Dynamics or another comparable platform prior to receiving navigation services to DES portal for LIHEAP services or internal program services. 2.2.1.3.2 Subrecipient shall ensure that all income eligible clients will be navigated to the Arizona Department Economic Security (DES) portal for LIHEAP services. 2.2.1.4 Subrecipient shall provide navigation services as it relates to internal program services to clients that have been dispositioned in the HSD Dynamic queue. 2.2.1.5 Navigation services shall be provided and documented, in accordance with the MCHSD/SSCRD Policy and Procedure Manual. 2.2.1.6 Navigation services shall be reported in MCHSD/SSCRD quarterly ROMA reports. 2.2.1.7 Subrecipient shall use the MCHSD approved logic model template for internal program navigation. 2.3 Information and Referrals 2.3.1 Subrecipient shall provide information and referrals to include but not limited to the following: 2.3.1.1 Community Legal Services (CLS) for households who are facing immediate eviction for non-payment of rent or who receive assistance and have a judgement that is not satisfied. 2.3.1.2 DES Child support enforcement services for clients who are custodial parents in single parent households. 2.3.1.3 Assistance completing applications for SNAP, AHCCCS, and Unemployment Insurance. 2.3.1.4 Food and nutrition services to counteract the impacts of starvation or malnutrition. 2.3.2 Information and Referrals Service Requirements 2.3.2.1 Clients shall have a completed program application in HSD Dynamics or another comparable platform prior to the delivery of information and referral services. SECTION 3 WORK STATEMENT Town of Guadalupe IGA Page 30 of 40 2.3.2.2 Subrecipient shall document all referrals in HSD Dynamics or another comparable platform and follow referral procedures in accordance with the MCHSD/SSCRD Policy and Procedure Manual. 2.3.2.3 Information regarding program referrals shall be reported in the MCHSD/SSCRD quarterly ROMA reports. 2.4 Facility Requirements 2.4.1 Subrecipient shall ensure staff on-site are able to navigate to websites and provide generalized assistance to clients. Staff shall provide access through self-maintaining or partnership agreements, a computer lab to include multiple computers with internet access, fax machines, copier, phones, and basic office supplies to allow individuals access to the following: 2.4.1.1 AZDES LIHEAP Application Portal; 2.4.1.2 HSD Client Portal; 2.4.1.3 Online applications for AZDES Unemployment Insurance, Supplemental Nutrition Assistance Program (SNAP), and AHCCCS Health Insurance; 2.4.1.4 Online job search and submission of application/ resume; and/or 2.4.1.5 Information regarding scholarships and federal financial aid. 2.4.2 Subrecipient shall ensure adequate space for the following: 2.4.2.1 On-site workshops and training classes; 2.4.2.2 Local job/career fairs; and 2.4.2.3 Eligibility determination where confidential information cannot be overheard. 2.5 Reporting Requirements 2.5.1 Subrecipient shall submit programmatic and financial reports to MCHSD as listed below: 2.5.1.1 Results Oriented Management and Accountability (ROMA/ROMA Next Gen) data and/or reports no later than the 10th business day after the end of each quarter of the fiscal year. 2.5.1.2 Monthly invoices/claims with supporting documentation no later than the 10th business day, following the end of the month. 2.5.1.3 The County reserves the right to add, remove, or revise reporting requirements to meet program goals. 2.5.1.4 Failure to submit required reports in the designated timeframe listed may result: 2.5.1.4.1 in a forfeiture of payment, if not submitted by the forty- fifth (45th) calendar days following the end of a month. 2.5.1.4.2 in a forfeiture of final payment, if final program and fiscal reports are not submitted within the designated time period, determined by MCHSD following the Contract term. 2.6 HSD Dynamics (Or Another Comparable Platform) Access 2.6.1 Access to HSD Dynamics or another comparable platform will be provided by MCHSD/SSCRD upon request by the Subrecipient. 2.6.2 Subrecipient shall provide MCHSD/SSCRD information regarding staffs’ name, position title, contact information, and evidence of successful SECTION 3 WORK STATEMENT Town of Guadalupe IGA Page 31 of 40 completion of all required background checks, to include Fingerprint and Central Registry Submission/Clearances. Subrecipient will submit CAP personnel Fingerprint renewals and annual Central Registry renewals to CAPSupport@maricopa.gov. 2.6.3 MCHSD reserves the right to immediately remove access if it is determined Subrecipient’s personnel (employed or as volunteer) is a risk to County operations for any of the following reasons but not limited to: 2.6.3.1 Approving clients for services they are not eligible for; 2.6.3.2 Denying eligible clients services; and Accessing the HSD Dynamics or another comparable platform for any purpose other than areas of responsibility. 2.6.4 MCHSD will provide Subrecipient programmatic ad hoc reports, as requested. 2.7 Staff Requirements 2.7.1 Subrecipient shall: 2.7.1.1 Ensure staff and/or volunteers do not provide direct services to clients until all appropriate Background Checks, Fingerprint Clearances (applicable to ARS §§36-594.01, 36-3008, 41-1964, and 46-141) and Central Registry clearances (compliant with Central Registry provisions of ARS §8-804 in its entirety) have been completed with satisfactory results and procedures are in place if results are unsatisfactory. Subrecipient shall have a documented procedure for CAP personnel who as a condition of employment/volunteer or upon renewal (annual review for Central Registry) is deemed disqualified through the Fingerprint or Central Registry Clearance process. Documented procedure is provided to MCHSD-SSCRD upon request. 2.7.1.2 Maintain documentation that key staff have received appropriate training or hold appropriate certification/licensure in accordance with roles, responsibilities and job descriptions; 2.7.1.3 Ensure that staff and volunteers do not have any conflicts of interest in the provision of services and management of programs; 2.7.1.4 Provide staff and volunteers with supervision, equipment, materials and supplies necessary to perform contracted services; 2.7.1.5 Provide training to all new employees and volunteers providing services under this Agreement, to include but not limited to the following: 2.7.1.5.1 An overview of the MCHSD/SSCRD Policy and Procedure Manual; and 2.7.1.5.2 Requirements of ARS §46-140.01 and ARS §1-501 and ARS § 1-502 regarding eligibility for state and local benefits. 2.7.1.6 Maintain documentation that verifies case management staff have received relevant training and provide documentation upon request to MCHSD-SSCRD; 2.7.1.7 The Subrecipient shall be required to notify MCHSD-SSCRD of staff changes and vacant positions within two (2) business days of staff changes through CAPSupport@maricopa.gov. The Subrecipient shall open the recruitment to fill case worker vacancies, no later SECTION 3 WORK STATEMENT Town of Guadalupe IGA Page 32 of 40 than thirty (30) days after the vacancy occurs, to ensure service availability and clients are not turned away due to lack of staff. 2.7.2 Code of Conduct: 2.7.2.1 The Subrecipient shall avoid any action that might create or result in the appearance of: 2.7.2.1.1 Inappropriate use or divulging of information gathered or discovered pursuant to the performance of its duties under the Contract. 2.7.2.1.2 Actions on behalf of the County without appropriate authorization. 2.7.2.1.3 Providing favorable or unfavorable treatment to anyone. 2.7.2.1.4 Making a decision on behalf of the County that exceeds their authority, displaying preferential treatment or actions that would have unfavorable consequences for the County. 2.7.2.1.5 Misrepresenting or otherwise imped the efficiency, authority, actions, policies, or adversely affect the confidence of the public or integrity of the County. 2.7.2.1.6 Loss of impartiality when advising the County. 2.8 Community Action Program Meetings 2.8.1 MCHSD will facilitate meetings that will be held on a quarterly basis, at a minimum with CAP Subrecipients to communicate new developments, discuss problems, address barriers to services, share ideas for improvements, and to address other identified topic areas. 2.8.2 Subrecipient shall ensure that a designated member of leadership staff participates in all CAP meetings, as scheduled. 2.9 Cooperation in Strategic Planning and Community Needs Assessment: 2.9.1 Subrecipient shall participate in strategic planning initiatives which lead to the development of the five (5) year strategic plan and the annual Community Action Plan and provide information regarding the causes/condition of poverty within the designated geographic service area. 2.10 Training and Technical Assistance 2.10.1 To ensure successful program service delivery, MCHSD will provide/conduct training and technical assistance, if applicable, on the following: 2.10.1.1 MCHSD/SSCRD Policy and Procedure Program Manual; 2.10.1.2 MCHSD funded financial assistance services; 2.10.1.3 Use of HSD Dynamics or another comparable platform; 2.10.1.4 Reports and forms, as required; 2.10.1.5 Results Oriented Management and Accountability (ROMA)/ROMA Next Gen; 2.10.1.6 Review of all applicable federal, state, and county regulations, laws, and rules related to specific funding sources used; 2.10.1.7 Review of program monitoring findings; and 2.10.1.8 Other training and technical assistance as needed/required. SECTION 3 WORK STATEMENT Town of Guadalupe IGA Page 33 of 40 2.11 Limited English Proficiency 2.11.1 The Subrecipient shall ensure that all services provided are culturally relevant and linguistically appropriate to the population to be served. To ensure compliance, reference DES 1-01-34 at: https://des.az.gov/digital- library/limited-english-proficiency 2.11.2 Applicable Program Rules and Regulations: 2.11.2.1 Subrecipient shall comply with all applicable federal, state, and county regulations, laws, and rules as amended, including but not limited to the following: 2.11.2.2 COATS Human Services Reauthorization Act of 1998; 2.11.2.3 2 CFR 200 Uniform Administrative Requirements; 2.11.2.4 Personal Responsibilities and Work Opportunity Reconciliation Act of 1996; 2.11.2.5 Stewart B. McKinney Homeless Assistance Act; 2.11.2.6 ARS §46-241-State Short Term Crisis Services; 2.11.2.7 ARS §46-731–Utility Assistance; 2.11.2.8 ARS §46-741–Neighbors Helping Neighbors; 2.11.2.9 ARS §46-140.01-Verifying applicants for public benefits; violation; classification; citizen suits 2.11.2.10 ARS§1-501-§1-502, Eligibility for federal, state, or local public benefits; documentation; violation; classification; citizen suites; court costs and attorney fees; 2.11.2.11 The requirements related to reporting to a peace officer or child protective services incidents of crimes against children as specified in A.R.S. §13-3620 as may be amended. 2.11.2.12 P.L. 101-121, Section 319 (31 U.S.C. section 1352) as may be amended, and 29 C.F.R. Part 93 as may be amended which prohibit the use of federal funds for lobbying and which state, in part: Except with the express authorization of Congress, the Subrecipient, its employees or agents, shall not utilize any federal funds under the terms of this contract to solicit or influence, or to attempt to solicit or influence, directly or indirectly, any member of Congress regarding pending or prospective legislation. Indian tribes, tribal organizations and any other Indian organizations are exempt from these lobbying restrictions with respect to expenditures that are specifically permitted by other federal law. 2.11.2.13 A.R.S. § 23-722.01 as may be amended relating to new hire reporting, 2.11.2.14 A.R.S. § 23-722.02 as may be amended relating to wage assignment orders to provide child support, and A.R.S. § 25- 535 as may be amended relating to administrative or court- ordered health insurance coverage for children. 2.11.3 Administrative Simplification rules in Title II of the Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191) and all Federal regulations that are applicable to the operations of the Subrecipient by the dates required by the implementing Federal regulations as well as all subsequent requirements and regulations as published. SECTION 3 WORK STATEMENT Town of Guadalupe IGA Page 34 of 40 2.12 Appeal/Grievance Procedures 2.12.1 Subrecipient shall establish a process to review and address client appeals and grievances. Subrecipient shall submit an appeal/grievance process to MCHSD/SSCRD annually, and as requested. The grievance/appeal procedure shall be accessible to applicants at the time of application submission. 2.12.2 Subrecipient shall advise all applicants of their right to present to the Subrecipient any appeal/grievances arising from the delivery of contract services, including, but not limited to, ineligibility determination, award amount, reduction of services, suspension or termination of services, or quality of services. 2.12.3 Subrecipient shall address grievances for individuals seeking/receiving County funded assistance who feel that they have not been treated fairly. 2.12.4 Subrecipient shall act as first reviewer of grievances for their respective site following their prescribed written process. All grievance requests generated by clients must be documented in HSD Dynamics or another comparable platform. All communication and documentation requests regarding the grievance must be documented in HSD Dynamics or another comparable platform on the Application timeline. MCHSD acts as second review for all escalated CAP grievances. Follow grievance procedures as outlined in the MCHSD/SSCRD Policy and Procedure Program Manual. 2.13 Community Action Tripartite Board Recruitment 2.13.1 Subrecipient shall recruit local community members to serve in the role of the Public Official or Consumer Representative sectors for the MCHSD Community Action Commission, as requested by MCHSD. Subrecipients shall perform the following outreach activities: 2.13.1.1 Post flyers at location(s) and community events; 2.13.1.2 Share information and distribute flyers to clients; 2.13.1.3 Direct community members to the following MCHSD website page to obtain additional information and Commission application: CACCommission@maricopa.gov; 2.13.1.4 Assist clients or with the Democratic Selection Process; 2.13.1.5 Coordinate outreach efforts to city council members. 2.14 Pandemic Award Performance 2.14.1 The Subrecipient shall establish a written plan that illustrates how the services and contract performance standards will be met in the event of a pandemic occurrence. 2.14.2 The pandemic performance plan shall include: 2.14.2.1 Key succession and performance planning if a sudden significant decrease in Subrecipient’s workforce should occur. 2.14.2.2 Alternative methods to ensure services are available. 2.14.2.3 An up-to-date list of Subrecipient contacts and organizational chart. 2.14.2.4 In the event of a pandemic, as declared by the Governor of Arizona, U.S. Government, or the World Health Organization, which makes performance of any term under this Award impossible or impracticable, the MCHSD shall have the following rights: SECTION 3 WORK STATEMENT Town of Guadalupe IGA Page 35 of 40 2.14.2.5 After the official declaration of a pandemic, MCHSD may temporarily void the Award in whole or specific sections if the Awardee cannot perform to the standards agreed upon in the initial terms. 2.14.2.6 MCHSD shall not incur any liability if a pandemic is declared, and emergency procurements are authorized by the Director of the Arizona Department of Administration per A.R.S. § 41-2537 as may be amended by the Arizona Procurement Code. 2.14.2.7 Once the pandemic is officially declared over and/or the Subrecipient can demonstrate the ability to perform, MCHSD, at its sole discretion, may reinstate the temporarily voided Award. Town of Guadalupe Page 36 of 40 SECTION 4 BUDGET AND COMPENSATION Maricopa County Human Services SECTION 4 BUDGET AND COMPENSATION Town of Guadalupe Page 37 of 40 1.0 Budget: 1.1 Cash Match/Leverage Requirements 1.1.1 The Subrecipient is required to leverage a minimum 25% cash match of the total Agreement award, to support administration and operating costs in the delivery of program services, which shall be identified in the final approved Itemized Service Budget (ISB). Subrecipient shall provide County an ISB within 30 days of execution of the Agreement, subject to final approval by Human Services Department Assistant Director, identified on page 1 of the Agreement. The final approved budget for the Agreement term in Fiscal Year 2027 shall be incorporated into the Agreement by Addendum, as provided in the sample addendum attached. 1.1.2 Subrecipient shall provide information regarding the revenue sources and amounts of cash match contributions. 1.1.3 Subrecipient shall also leverage local direct service funds in the coordination and delivery of utility and rental assistance services to ensure the availability of services through the term of the Agreement. 1.1.4 Subrecipient shall provide information regarding the sources of local funds and amounts to be leveraged. 2.0 Funding: 2.1 Administrative Indirect costs shall not exceed 10% of the direct service cost. 2.1.1 The final approved Operating Budget shall depict the following: 2.1.1.1 Maricopa County Funding 2.1.1.2 Subrecipient Funding (Cash-Match) 2.1.2 Funding Sources for this Agreement may include but are not limited to the following Assistance Listing Number (ALN): government-wide collection of Federal programs, projects, services, and activities that provide assistance or benefits to the American public. The ALN contains financial and nonfinancial assistance programs administered by departments and establishments of the Federal government. Activities and Programs to be administered under this Agreement shall be funded through the following ALN funds: ▪ 93.667 Social Services Block Grant (SSBG) ▪ 93.569 Community Services Block Grant (CSBG) ▪ 93.558 Temporary Assistance for Needy Families (TANF) ▪ 93.568 Low Income Home Energy Assistance Program (LIHEAP) ▪ 21.027 American Rescue Plan Act State and Local Fiscal Recovery Funds (ARPA-SLFRF) 2.1.2.1 Subject to the availability and authorization of funds for the explicit purposes set forth below, the County shall pay the Subrecipient on a reimbursement basis for services rendered as indicated in the following subsections: 2.1.2.1.1 The provisions of the Agreement relating to the payment for services shall become effective when funds assigned for the purpose of compensating the Subrecipient, as provided herein, are actually available to the County for disbursement. The County shall be the sole authority in determining the availability of funds under the Contract and the County shall keep the Subrecipient fully informed as to the availability of funds. SECTION 4 BUDGET AND COMPENSATION Town of Guadalupe IGA Page 38 of 40 2.1.2.1.2 If any action is taken by any State agency, federal department, or any other agency or instrumentality to suspend, decrease, or terminate its fiscal obligation under, or in connection with this Contract, the County may amend, suspend, decrease, or terminate its obligations under or in connection with the Contract. 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 the Contract. 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. 3.0 Cost Reimbursement: 3.1 The County shall reimburse the Subrecipient for all allowable costs associated with the performance of work and the provision of services under the Agreement; 3.1.1 The Subrecipient shall submit a monthly invoice by the 10th day of the month. 3.1.1.1 Invoices shall be submitted to HSDFINANCE@MARICOPA.GOV; 3.1.1.2 Sufficient backup shall also be attached to the Claim, such as a General Ledger or detailed Expenditure Report, with the included charges circled or highlighted. 3.1.1.3 The Subrecipient shall submit June’s invoice no later than the 15th of July of that same year; 3.1.2 Should the County discover a disallowance in the invoice, the following shall apply: 3.1.2.1 Subrecipient shall be notified and given the opportunity to submit a revised invoice; or 3.1.2.2 Invoice will be processed for payment without reimbursement for the disallowed costs; 3.1.2.3 If the Subrecipient protests the amount or the reasons for a disallowance, the Subrecipient shall submit a letter to MCHSD staff requesting a reevaluation of the submitted invoice. 3.1.2.4 If the Subrecipient is dissatisfied with the outcome of the invoice reevaluation, a protest can be submitted to the MCHSD Director. If the issue is not resolved, the Subrecipient may initiate a dispute in accord with the Maricopa County Procurement Code dispute procedures. 3.1.3 The County shall reimburse the Subrecipient on a net “0” payment standard. 4.0 Budget Adjustments: 4.1 Any requests for reasonable budget adjustments shall be submitted ninety (90) calendar days prior to the Termination Date of this Agreement. Requests for financial adjustments to this Agreement shall be supported by appropriate documentation. If the County agrees to the budget adjustments, the County shall follow Section 1 (General Provisions) in Paragraph 4.0 (Amendments) or 8.0 (Administrative Change Orders) as appropriate. SECTION 4 BUDGET AND COMPENSATION Town of Guadalupe IGA Page 39 of 40 4.1.1 The Subrecipient must receive prior written approval from the County to move funds from one budget line item to another. 4.1.2 Budget modifications among line-item expenditure categories totaling less than 25 percent (25%) of the total budget amount can be authorized through prior written approval by the Program Manager. 4.1.3 Budget adjustments that do not change the total Agreement amount equal to or greater than twenty-five (25%) of the total budget may be documented by an Administrative Change Order approved and fully executed by the Chair or Chairman of the Board of Supervisors and the Subrecipient’s authorized Representative as defined in Section 1 (General Provisions), Paragraph 8.0 (Administrative Change Orders). 4.1.4 If a budget adjustment is necessary that either increases or decreases the Agreement amount, then the County shall follow Section 1 (General Provisions), Paragraph 4.0 (Amendments) of this Agreement to amend the Agreement. 5.0 Budget Reconciliation: In accordance with 2 CFR 200.332(b)(1)(xii), the County shall provide the Subrecipient with the FY2026 final expenditure dollar amounts made available under each federal award program (according to Assistance Listing Number (ALN) within 60 days after June 30, 2027 (https://www.ecfr.gov/current/title-2/part- 200/subpart-D#p-200.332(b)(1)(xii)). SECTION 4 BUDGET AND COMPENSATION Town of Guadalupe IGA Page 40 of 40 6.0 Operating Budget (Addendum Sample) Operating Budget Addendum Fiscal Year 2027 Operating Budget* Town of Guadalupe Operating Budget – CAP Services Contract Budget Period July 1st, 2026, through December 31, 2026 Funding County Funds $ Cash Match Contributions $ $ Budget Category Direct Cost Administration Cost Total Cost Personnel $ $ $ ERE $ $ $ P & O Services $ $ $ Travel $ $ $ Space $ $ $ Materials & Supplies $ $ $ Operating Services $ $ $ Total Expenses $ $ $ *Budget modifications among line-item expenditure categories totaling less than 25 percent of the total budget amount can be authorized through prior written approval by the program manager