4F IGA WITH COUNTY FOR HOMEBOX PROGRAM.PDF
Extracted text (via pymupdf)
41700 characters
1
INTERGOVERNMENTAL AGREEMENT
between MARICOPA COUNTY
by and through the
DEPARTMENT OF PUBLIC HEALTH
4041 N. Central Avenue, #1400, Phoenix, Arizona 85012
And
CITY OF BUCKEYE
530 E Monroe Avenue, Buckeye, AZ 85326
1.
Agreement No: C-86-23-XXX-X-XX
2.
Agreement Type: Cost Reimbursement
3.
Agreement Amount: $50,000
4.
Purpose: HomeBox Program
5.
Start Date: 01/01/2023
6.
Expiration Date: 12/31/2024
This Agreement is entered into by and between the City of Buckeye (referred to herein as “Contractor”), and Maricopa County,
by and through its Department of Public Health (MCDPH) (referred to herein as “County”). Contractor and the County are
collectively referred to herein as the “Parties” and individually as a “Party.” Contractor, for and in consideration of the covenants
and conditions set forth herein, shall provide and perform the services as set forth below. All rights and obligations of the Parties
shall be governed by the terms of this Agreement, its exhibits, attachments, and appendices, including any subcontracts or
amendments as set forth herein and in:
Section I
-
General Provisions
Section III
-
Work Statement
Section II
-
Special Provisions
Section IV
-
Compensation
This Agreement contains all the terms and conditions agreed to by the Parties. No other understanding, oral or otherwise,
regarding the subject matter of this Agreement shall be deemed to exist or to bind the Parties. Nothing in this Agreement shall
be construed as consent to any lawsuit or waiver of any defense in a lawsuit brought against the County or the Contractor in any
state or federal court.
Legal Notice under this Agreement shall be given by personal delivery or by registered or certified mail, postage prepaid, return
receipt requested, to the addresses set forth below and shall be effective upon receipt by the Party to whom addressed unless
otherwise indicated in the notice.
Notice to Contractor: City of Buckeye
Phone: 623.349.6000
Address: 530 E Monroe Ave Buckeye, AZ 85326
Notice to County: MCDPH Grants/Contract Unit
Phone: 602.372.4163
Address: 4041 North Central Avenue, Ste #1400, Phoenix, Arizona 85012
IN WITNESS WHEREOF, the Parties enter into this Agreement:
For and on behalf of City of Buckeye:
For and on behalf of Maricopa County:
Signature
Signature
Name
Dan Cotterman
Name
Bill Gates
Title
City Manager
Title
Chairman, Board of Supervisors
Date
Date
ATTEST:
Signature
Date
Clerk of the Board
January 17, 2023
2
Pursuant to A.R.S. § 11-952, the undersigned public agency attorney
has determined that this Intergovernmental Agreement is in proper
form and is within the powers and authority granted under the laws of
the State of Arizona.
Pursuant to A.R.S. § 11-952, the Attorney for the Board of Supervisors
has determined that this Intergovernmental Agreement is within the
powers and authority granted under the laws of the State of Arizona.
Signature
Signature
Date
K. Scott McCoy, City Attorney
Date
Attorney for Maricopa County
K. Scott McCoy
January 23, 2023
* -*
/ $")-
).
/$*)0( -ѷ с/ / +&"+# ,.)%5 #' 1
SECTION I
GENERAL PROVISIONS
3
1.
EFFECT
To the extent the Special Provisions conflict with the General Provisions, the Special
Provisions shall control. To the extent the Work Statement(s) and the Special or General
Provisions are in conflict, the Work Statement(s) shall control.
2.
DEFINITIONS
As used throughout this Agreement, the following terms shall have the following meanings:
A.
Agreement means this document and all attachments and amendments hereto.
B.
Contractor means the person, firm or organization listed on the Cover Page of
this Agreement.
C.
County means Maricopa County, Arizona.
D.
Department means the Maricopa County Department of Public Health.
E.
Funding Source means any federal, State, or private agency funding source,
which may impose conditions on the funding that will be passed on to the
Contractor.
3.
GENERAL REQUIREMENTS
A.
The terms of this Agreement shall be construed in accordance with Arizona law.
Any lawsuit arising out of this Agreement shall be brought in the appropriate court
in Maricopa County.
B.
The Contractor 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, and workers’ compensation.
C.
The Contractor 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.
4.
AMENDMENTS
All Amendments to this Agreement must be in writing and signed by authorized persons
for both Parties. All amendments shall clearly state the effective date of the action.
5.
ADEQUACY OF RECORDS
If the Contractor's books, records, and other documents relevant to this Agreement are
not reasonably sufficient to support and document that allowable services were provided
to eligible clients the Contractor shall reimburse Maricopa County for the services not so
adequately supported and documented.
6.
RETENTION OF RECORDS
A.
This provision applies to all financial and programmatic records, supporting
SECTION I
GENERAL PROVISIONS
4
documents, statistical records, and other records of the Contractor that relate to
this Agreement.
B.
As required by A.R.S. 35-214, the Contractor shall retain all financial books,
records, and other documents related to this Agreement for five (5) years after final
payment or until after the resolution of any audit questions, which could be more
than five (5) years, whichever is longer. County, federal, or 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 all such financial books, records, and other
documents.
7.
ASSIGNMENT AND SUBCONTRACTING
No rights, liability, obligations, or duties under this Agreement may be assigned,
delegated, or subcontracted without the prior written approval of the County.
8.
AUDIT DISALLOWANCES
A. The Contractor shall, upon written demand, therefore, reimburse Maricopa
County for any payments made under this Agreement which are disallowed by a
Federal, State or Maricopa County audit in the amount of the disallowance, as
well as court costs and attorney fees which Maricopa County incurs to pursue
legal action relating to such a disallowance.
B. If at any time it is determined by County that a cost for which payment has been
made is a disallowed cost, County shall notify the Contractor in writing of the
disallowance and the required course of action, which shall be at the option of
County either to adjust any future claim submitted by the Contractor by the
amount of the disallowance or to require repayment of the disallowed amount by
the Contractor.
9.
AGREEMENT COMPLIANCE MONITORING
County may monitor the Contractor's compliance with, and performance under, the terms
and conditions of this Agreement. On-site visits for compliance monitoring may be made
by the County and/or its grantor agencies at any time during the Contractor's normal
business hours, with not less than two business days’ prior notice given to Contractor.
During an on-site visit, the Contractor shall make its records and documents related to
work performed or services provided under this Agreement available to the County for
inspection and copying.
10.
AVAILABILITY OF FUNDS
A.
The provisions of this Agreement relating to the payment for services shall become
effective when funds assigned for the purpose of compensating the Contractor, as
provided herein, 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 Contractor fully informed as to the availability of
funds. The County will not authorize any services under this Agreement unless it
has funds available to pay for such services and County will remain responsible
for payment of all services so authorized.
B.
If any action is taken by any State agency, federal department, or any other agency
SECTION I
GENERAL PROVISIONS
5
or instrumentality to suspend, decrease, or terminate its fiscal obligations under or
in connection with this Agreement, the County may amend, suspend, decrease, or
terminate its obligations under or in connection with this Agreement, subject to
subparagraph A. above. If this Agreement is terminated, the County shall be liable
for payment only for services rendered prior to the effective date of the termination,
provided that such services are performed in accordance with the provisions of this
Agreement. The County shall give written notice of the effective date of any
suspension, amendment, or termination under this section at least ten (10) days in
advance.
11.
CONTINGENCY RELATING TO OTHER CONTRACTS AND GRANTS
A.
The Contractor shall, during the term of this Agreement, promptly inform the
County in writing of the award of any other contract or grant where the award of
such contract or grant may affect either the direct or indirect costs being paid or
reimbursed under this Agreement.
B.
County may request, and the Contractor shall provide within a reasonable time,
not exceeding ten (10) working days, a copy of such other contract or grant, when,
in the opinion of the County, the award of the contract or grant may affect the costs
being paid or reimbursed under this Agreement.
C.
If the County determines that the award to the Contractor of such other contract or
grant has affected the costs being paid or reimbursed under this Agreement, the
County shall prepare an amendment to this Agreement effecting a cost adjustment.
If the Contractor disputes the proposed cost adjustment, the dispute shall be
resolved pursuant to the "Disputes" clause section contained herein.
12.
DEFAULT
The County may suspend, modify, or terminate this Agreement immediately upon giving
written notice to the other Party if the other Party fails to perform under or otherwise
breaches any obligation under this Agreement, or upon the occurrence of any event that
may jeopardize the ability of the other Party to perform any of its obligations under this
Agreement.
13.
TERMINATION
A.
Either Party may terminate this Agreement at any time by giving the other Party at
least thirty (30) calendar days prior written notice. The notice shall be given by
personal delivery or by registered or certified mail, postage prepaid, return receipt
requested. Additionally, the terminating Party will give the other Party a courtesy
email per the Notices section advising of the pending termination.
B.
This Agreement may be terminated by mutual written agreement of the Parties
specifying the termination date therein.
C.
The County may terminate this Agreement upon twenty-four (24) hours’ notice
when the County deems the health or welfare of a patient is endangered or the
Contractor’s non-compliance jeopardizes funding source financial participation. If
not terminated by one of the above methods, this Agreement will terminate upon
the expiration date of this Agreement as stated on the Cover Page of this
Agreement.
SECTION I
GENERAL PROVISIONS
6
14.
TERMINATIION FOR BREACH
If either Party defaults under this contract and the default continues for more than ten
(10) days after the effective date of the other Party’s written notice stating the specific
nature of the default, then the noticing Party may treat the default as a breach of this
Contract. Upon a breach, the aggrieved Party may exercise any remedy available under
the law, including the termination of this contract.
15.
SEVERABILITY
Any provision of this Agreement that is determined to be invalid, void, or illegal by a court
shall in no way affect, impair, or invalidate any other provision hereof, and the remaining
provisions shall remain in full force and effect.
16.
STRICT COMPLIANCE
The waiver of a breach hereunder may be affected only by a writing signed by the waiving
Party and will not constitute, or be held to be, a waiver of any other or subsequent breach
or to affect in any way the effectiveness or enforceability of the provision in question.
17.
NON-LIABILITY
Neither Party and its officers, representatives, agents, and employees shall be liable for
any act or omission by the other Party or any subcontractor, employee, officer, agent, or
representative of the other Party or any subcontractor occurring in the performance of this
Agreement, nor shall a Party be liable for purchases or contracts made by the other Party
or any subcontractor in connection with this Agreement.
18.
INDEMNITY
Each Party (as “Indemnitor”) agrees to indemnify, defend, and hold harmless the other
Party (as “Indemnitee”) from and against all claims, losses, liability, costs, and expenses
(including reasonable attorneys’ fees) (hereinafter collectively referred to as “Claims”)
arising out of bodily injury of any person (including death) or property damage, but only to
the extent that such Claims, which result in vicarious liability to Indemnitee, are caused by
the act, omission, negligence, misconduct, or other fault of Indemnitor, its officers, agents,
employees, or authorized volunteers.
19.
COVENANT AGAINST CONTINGENT FEES
The Contractor 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.
20.
SAFEGUARDING CLIENT INFORMATION
The use or disclosure by any Party of any information concerning an eligible person served
under this Agreement is directly limited to the performance of this Agreement.
21.
RIGHTS IN DATA
The Parties shall have the use of data and reports resulting from this Agreement without
SECTION I
GENERAL PROVISIONS
7
cost or other restriction, except as otherwise provided herein or by law. Each Party shall
supply to the other Party, upon request, any available information known to the supplying
Party that is relevant to this Agreement and to the performance hereunder.
22.
NON-DISCRIMINATION
Each Party, 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, affiliation or belief. The Contractor shall include this clause
in all its subcontracts related to this Agreement. If applicable, the Parties will abide by
the requirements of 41 CFR §§ 60-1.4(a), 60-300.5(a) and 60-741.5(a). These
regulations prohibit discrimination against qualified individuals based on their
status as protected veterans or individuals with disabilities and prohibit
discrimination against all individuals based on their race, color, religion, sex, or
national origin. Moreover, these regulations require that covered prime contractors
and subcontractors take affirmative action to employ and advance in employment
individuals without regard to race, color, religion, sex, national origin, protected
veteran status or disability.
23.
EQUAL EMPLOYMENT OPPORTUNITY
Neither Party will discriminate against any employee or applicant for employment because
of race, age, disability, color, religion, sex, or national origin. Each Party 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, 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. Each Party shall, to the extent such provisions apply, comply
with Titles VI and VII of the Civil Rights Act of 1964, as amended (42 U.S.C. §§ 2000a, et
seq.); the Rehabilitation Act of 1973, as amended (29 U.S.C. §§ 701, et seq.); the Age
Discrimination in Employment Act of 1967, as amended (29 U.S.C. §§ 621, et seq.); the
Immigration Reform and Control Act of 1986 (Pub. L. No. 99-603) (“IRCA”); and Arizona
Executive Order 2009-09, which mandates that all persons shall have equal access to
employment opportunities. Each Party shall also comply with all applicable provisions of
the Americans with Disabilities Act of 1990 (42 U.S.C. §§ 12101, et seq.).
24.
RIGHT OF PARTIAL CANCELLATION
If more than one activity is funded by this Agreement, the County reserves the right to
terminate this Agreement or any part thereof based on the Contractor's failure to perform
any part of this Agreement without impairing, invalidating, or canceling the remaining Work
Statement obligations.
25.
RIGHT TO EXTEND AGREEMENT
Subject to the availability of funds and acceptable Contractor performance, the Contractor
hereby acknowledges and agrees that the County shall have the right to request an
extension of this Agreement, not to exceed a total term of five (5) years, except that the
cost will be subject to renegotiation. Any extension of this Agreement shall be in writing
mutually acceptable to the County and the Contractor and signed by both Parties.
26.
CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
SECTION I
GENERAL PROVISIONS
8
A.
The undersigned, an authorized representative of the Contractor, certifies, to the
best of his or her knowledge and belief, that the Contractor, defined as the primary
participant in accordance with 45 C.F.R. Part 76, and its principals:
1) are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any federal
department or agency.
2) have not within the 3-year period preceding this Agreement been convicted of
or had a civil judgment entered against them for 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;
violation of federal or State antitrust statues or commission of embezzlement, theft,
forgery, bribery, falsification or destruction of records, making false statements, or
receiving stolen property;
3) are not presently indicted or otherwise criminally or civilly charged by a
government entity (federal, State, or local) with the commission of any of the
offenses enumerated in paragraph (2) of this certification; and
4) have not within the 3-year period preceding this Agreement had one or more
public transactions (federal, State, or local) terminated for cause or default.
B.
If the Contractor is not able to provide this certification, an explanation as to why
shall be attached to this Agreement.
C.
The Contractor shall include, without modification, this Paragraph in all lower tier
covered transactions (i.e., transactions with subcontractors) and in all solicitations
for lower tier covered transactions related to this Agreement.
27.
E-VERIFICATION OF EMPLOYEES
Each Party warrants that it is following A.R.S. § 41-4401 and further acknowledges:
A.
That it and its subcontractors, if any, warrant their compliance with all federal
immigration laws and regulations that relate to their employees and their
compliance with A.R.S. § 23-214.
B.
That a breach of the warranty under subsection A above shall be deemed a
material breach of this Agreement that entitles the other Party to, among other
things, immediately terminate this Agreement without liability.
C.
That the other Party and any contracting government entity retains the legal right
to inspect the papers of any contractor or subcontractor employee who works on
this Agreement to ensure that the contractor or subcontractor is complying with the
warranty provided under subsection A above and that the contractor agrees to
make all papers and employment records of said employee(s) available during
normal working hours in order to facilitate such an inspection.
D.
That nothing herein shall make any contractor or subcontractor an agent or
employee of the County or contracting government entity.
SECTION II
SPECIAL PROVISIONS
9
1.
EFFECT
To the extent that the Special Provisions conflict with the General Provisions, the Special
Provisions shall control. To the extent that the Work Statement(s) conflict with the Special
or General Provisions, the Work Statement(s) shall control.
2.
DISPUTES
Except as otherwise provided by law, or otherwise specifically agreed to by the Parties,
any dispute not involving a question of law arising out of this Agreement that is not
resolved between the Parties within a reasonable time, which shall not exceed sixty (60)
days, shall be resolved as follows:
A.
Disputes must be filed with the person administering this Agreement for the
County, if one has been appointed, or, if not, with the Procurement Officer,
within ten (10) days from the date the Parties knew or should have known
the basis of the dispute.
B.
The person administering this Agreement or the Procurement Officer, as
applicable, shall respond in writing to the dispute within fourteen (14) days.
C.
The Contractor may abide by the decision or may appeal the decision to
the Director of the MCDPH within seven (7) days.
This Paragraph shall not apply to claims arising from bodily injury, death, or property
damage.
As required by A.R.S. § 12-1518, the Parties agree to make use of arbitration in disputes
that are subject to mandatory arbitration pursuant to A.R.S. § 12-133.
3.
CHANGES
A.
The County may, at any time, by written order, make changes within the general
scope of this Agreement in any one or more of the following areas:
1.
Work Statement activities reflecting changes in funding source or County
regulations, policies, or requirements.
2.
Administrative requirements, such as changes in reporting periods,
frequency of reports, or report formats, required by funding source or
County regulations, policies, or requirements.
3.
Contractor reimbursement schedules and/or program budgets.
B.
The order will not increase or decrease the maximum reimbursable amount to be
paid the Contractor. Additionally, the order will not direct substantive changes in
services to be rendered by the Contractor.
C.
Any dispute or disagreement caused by such order shall constitute a "Dispute"
within the meaning of the Disputes Clause of the Special Provisions of this
Agreement and shall be administered accordingly.
4. AUDIT REQUIREMENT
SECTION II
SPECIAL PROVISIONS
10
A.
If the Contractor expends $750,000 or more in a year in federal awards, the
Contractor shall have a single audit conducted for that year according to the Office
Management and Budget, 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.
The audit report shall be submitted to the County for review within nine (9) months
following the close of the fiscal year. The Contractor shall take any necessary
corrective action to remedy any material weaknesses and/or reportable conditions
identified in the audit report within six (6) months after the release date of the
report. The County may consider sanctions as described in § .225 of OMB Circular
A-133 for contractors not in compliance with the audit requirements. All books and
records shall be maintained in accordance with Generally Accepted Accounting
Principles (GAAP).
B.
The Contractor shall schedule an annual financial audit to be submitted to the
County for review within twelve (12) months following the close of the program’s
fiscal year. Contractor understands that its failure to meet this requirement may
result in the loss of current funding and disqualification from consideration for
future County-administered funding.
C.
Comply with the requirement of the Federal Office of Management and Budget
(“OMB”) Circular A-133.The Contractor is responsible for having an audit
performed in accordance with, and when required, by OMB Circular A-133, and for
sending a copy of the report issued as a result of the audit to the County within
thirty (30) days of issuance. The County reserves the right to engage an auditor,
at the Contractor’s expense, to perform an OMB Circular A-133 audit of the
Contractor if the Contractor fails to engage an auditor or the County rejects or
disapproves of the auditor engaged by the Contractor.
5.
INSURANCE
A.
The Contractor shall have in effect at all times during the term of this Agreement
insurance or comparable self-insurance that is adequate to protect the County, its
officers, employees, property, and equipment against the losses set forth below.
The Contractor shall provide the County with a certificate of insurance or a certified
copy of the insurance policy naming the County as an additional insured, or, if the
Contractor is self-insured, shall provide the County with a letter indicating that it is
self-insured.
B.
The following types and amounts of insurance are required as minimums:
1.
Workers’ compensation and unemployment insurance as required by law.
2.
Unemployment insurance as required by Arizona law.
3.
Public liability, bodily injury, and property damage policies that insure
against claims for liability for the Contractor’s negligence or maintenance
of unsafe vehicles, facilities, or equipment brought by clients receiving
services pursuant to this Agreement and by lawful visitors of such clients.
The limits of the policies shall not be less than $2,000,000 per occurrence
and $4,000,000 aggregate.
SECTION II
SPECIAL PROVISIONS
11
C.
Automobile and Truck Liability, Bodily Injury and Property Damages:
1.
General liability, each occurrence; $1,000,000
2.
Property damage; $1,000,000
3.
Combined single limit; $1,000,000
D.
Standard minimum deductible amounts are allowable. Any losses applied against
insurance deductible are the sole responsibility of the Contractor.
E.
Professional Liability:
1.
Insurance for the Contractor and its agents, employees, and other staff
shall be maintained with coverage limits of one million dollars ($1,000,000)
per person, three million dollars ($3,000,000) per occurrence.
2
The Contractor agrees that in the event it, or any of its agents, employees,
and other staff working under this Agreement, is named as a defendant in
litigation, or is identified in a written notice of claim, wherein professional
misconduct is alleged, the Contractor will promptly notify the Department
in writing. The duty to notify under this paragraph applies whether the
County is alleged to be involved, is named as a party to the matter, or could
be potentially liable as a party.
F.
The Contractor shall immediately inform the Department of any cancellation of its
insurance or any decrease in its lines of coverage at least thirty (30) days before
such action takes place.
G.
Commercial General Liability – Occurrence Form
Policy shall include bodily injury, property damage and broad form contractual
liability coverage.
1.
The policy shall be endorsed to include coverage for physical/sexual
abuse and molestation.
2. The policy shall be endorsed to include the following additional insured
language: "Maricopa County Department of Public Health, its subsidiary,
parent, associated and/or affiliated entities, successors, or assigns, its
elected officials, trustees, employees, agents, and volunteers shall be
named as additional insureds with respect to liability arising out of the
activities performed by, or on behalf of the Contractor".
Minimum Limits: General Aggregate
$ 2,000,000
Products/Completed Operations Aggregate
$ 4,000,000
Each Occurrence Limit
$ 2,000,000
Personal/Advertising Injury
$ 1,000,000
Sexual Abuse/Molestation
$ 1,000,000
SECTION II
SPECIAL PROVISIONS
12
6.
SPECIAL REQUIREMENTS
A.
If the use of subcontractors is approved by the County, the Contractor agrees to
use written subcontracts or consultant agreements that conform to federal and
State laws and regulations and the requirements of this Agreement appropriate to
the service or activity covered by the subcontract. These provisions apply with
equal force to the subcontract as if the subcontractor were the Contractor. The
Contractor is responsible for performance under this Agreement whether any
subcontractors are used. The Contractor shall submit a copy of each subcontract
to the County within fifteen (15) days of its effective date.
B.
The Contractor shall include in any subcontracts a provision to the effect that the
subcontractor agrees that the County shall have access to the subcontractor’s
facilities and the right to examine any books, documents, and records of the
subcontractor involving transactions related to the subcontract, and that such
books, documents, and records shall not be disposed of except as provided herein.
7.
REPORTING REQUIREMENTS
If requested by the County, the Contractor shall submit monthly, quarterly, and annual
progress reports on or before the third (3rd) day of the month following the end of the
reporting period. In addition, a quarterly expenditure report will be submitted with the
quarterly progress report.
8.
STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF INTEREST
Pursuant to 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 a Party is, at any time while this Agreement or any extension of
this Agreement is in effect, an employee or agent of any other Party to this Agreement in
any capacity or is a consultant to any other Party to this Agreement with respect to the
subject matter of this Agreement.
9.
POLICY ON CONFIDENTIALITY
The Contractor and the County understand and agree that this Agreement is subject to all
State and federal laws protecting client confidentiality of medical, behavioral health and
drug treatment information.
10.
LAWS, RULES, AND REGULATIONS
The Contractor and the County understand and agree that this Agreement is subject to all
State and federal laws, rules, and regulations that pertain hereto.
11. SPONSORSHIP ACKNOWLEDGMENT
All promotional materials, brochures, and flyers prepared by the Contractor shall include
the following statement, “Sponsored by Maricopa County Department of Public Health.”
12.
ISRAEL BOYCOTT
By submitting this Contract, the Contractor certifies that they are following Article 9, A.R.S.
SECTION II
SPECIAL PROVISIONS
13
Section 35-393 et seq.
13.
UNIFORM ADMINISTRATIVE REQUIREMENTS
By entering this Contract, the Contractor agrees to comply with all applicable provisions
of Title 2, Subtitle A, Chapter II, PART 200—UNIFORM ADMINISTRATIVE
REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL
AWARDS contained in Title 2 C.F.R. § 200 et seq
SECTION III
WORK STATEMENT
14
1.
PURPOSE
The purpose of this Agreement is to provide funding to purchase residential lock boxes for
residences located within the City of Buckeye. The targeted residences will be those
occupied by seniors (who are at the highest risk of being a victim of slips, trips, and falls)
and non-ambulatory adults.
2.
BACKGROUND
The senior population in the City of Buckeye’s community is rising with annual increases
that replicate the trend nationwide. Today, there are nearly 55 million seniors in the U.S.
with exponential growth through 2050. Buckeye’s senior population continues to rise and
currently makes up 13% of the 110,000 residents. Nationwide, as well as in Buckeye,
medical emergency calls for fire departments continue to increase. COVID-19 has also
resulted in more medical calls. A large percentage of seniors live alone which
exacerbates the problem. These trends, as well as reduced tax revenue due to COVID-
19, have resulted in a strain on the city’s budget. While medical emergencies are
increasing, budgets are not meeting the demand for additional staff. It is incumbent upon
the Buckeye Fire Department to identify and implement new and innovative processes to
improve response times, streamline procedures, and implement community risk
reduction processes.
The HomeBox Program is a solution that will benefit both the residents and the first
responders. The city will provide lock boxes that resemble a key box used by realtors or
contractors to gain access into a residence; however, the lock boxes in the HomeBox
Program are specifically designed for security and ready access by first responders. The
box is made of a resistant material that is difficult to break or drill into and access keys
are only obtained directly from the manufacturer, preventing unauthorized access.
The HomeBox Program provide first responders with quick and secure access when
responding to elderly, chronically ill and homebound community members during
emergency situations. The small key vault holds a single key and can easily and quickly
be mounted on the wall near the door or garage or mounted with a door hanger over the
top of the door.
The benefits of implementing a residential HomeBox Program include:
Preparing for future pandemics and the need to do wellness checks on home
bound seniors
Decreased response times to vulnerable seniors – our most helpless and fastest
growing population. Once on scene, first responders will reach the victim sooner
than if a forced entry is required.
Reduced property damage to residences.
Reduced risk to our first responders who do not have to utilize forced entry.
A solution that offers maximum security with master key accountability and
traceability.
Allows “first vehicle on scene” to go into action in multi-jurisdictional areas.
Many seniors can be reluctant to being transported for medical care outside their
home when there is damage to the front door.
Positive press coverage on the fire department’s proactive response efforts with
our seniors and non-ambulatory residents.
Once the boxes are no longer needed, they can be repeatedly used to assist
SECTION III
WORK STATEMENT
15
other residents.
3.
RESPONSIBILITIES OF THE CONTRACTOR
A. Create implementation plan that details target population, outreach strategy, and
timeline.
B. Contractor shall use funds exclusively to obtain lock boxes for use as a part of City of
Buckeye’s HomeBox Program.
C. Contractor shall install lock boxes in accordance with the following eligibility
requirements:
a. The primary residence for adults over the age of 65.
b. The primary residence for non-ambulatory adults.
D. Contractor shall maintain records of lock box installations and HomeBox Program
participants.
a. Provide quarterly report detailing proper monitoring and evaluation of
program implementation. Copies of invoices for lock box purchases
should be included.
4. RESPONSIBILITIES OF COUNTY
A. MCDPH shall reimburse the Contractor for lock boxes on a per unit cost basis. Refer
to the compensation section for a more detailed summary of compensation
information.
SECTION IV
COMPENSATION
16
1.
COMPENSATION
A.
The Contractor shall submit a detailed monthly invoice by the 25th of the following
month.
B.
The MCDPH shall, within thirty (30) working days from the date of receipt of
Contractor’s invoice, process, and remit to the Contractor a warrant for payment.
C.
Each Party assumes sole and exclusive responsibility for payment of any federal
and state income taxes, federal social security taxes, workers’ compensation, and
unemployment insurance benefits for its physicians, staff, agents, and employees,
as well as any and all other mandatory governmental deductions or obligations.
D.
The Agreement amount is not-to-exceed $50,000 for the first year of this
Agreement. The Agreement amount for each year of the subsequent years of the
term will be negotiated based on the availability of funds.
2.
INVOICES
A.
The Contractor shall submit one (1) legible copy of their detailed invoice before
payment(s) can be made. At a minimum, the invoice must provide the following
information:
Company name, address, and contact
County bill-to name and contact information
Contract Number
County purchase order number
Invoice number and date
Payment terms
Date of service or delivery
Quantity
Contract Item number(s)
Description of Purchase (services)
Pricing per unit of service
Extended price
Total Amount Due
B.
Problems regarding billing or invoicing shall be directed to the Issuing agency as
listed on the Agreement.
C.
The Contractor must maintain and have available upon request supporting
documents for each monthly reimbursement request, including invoices of costs
incurred and expenditure reports.
D.
Subject to the availability of funds, the County will, within thirty (30) working days
from the date of receipt of documents enumerated herein, process and remit to the
Contractor a warrant for payment up to the maximum total allowable for services
provided. Should the County make a disallowance in the claim, the claim shall be
processed for the reduced amount. If the Contractor protests the amount or the
reason for a disallowance, the protest shall be construed as a dispute concerning
a question of fact within the meaning of the “Disputes” clause of the Special
Provisions of this Agreement.
SECTION IV
COMPENSATION
17
E.
The Contractor understands and agrees that the County will not honor any claim
for payment submitted six (6) months after the date of service. The Contractor
understands and agrees that the County will not process any claim for payment for
services rendered prior to the expiration date that is submitted sixty (45) days after
the expiration date without approval of the County.
F.
Payments made by the County to the Contractor are conditioned upon the timely
receipt of applicable, accurate, and complete invoices submitted by the Contractor.
The Contractor forfeits the right to reimbursement for costs incurred in any month
for which it fails to meet the deadline for submitting the monthly reports, except if
such failure is beyond the reasonable control of the Contractor.
E. The Contractor shall submit monthly invoices to:
Maricopa County Department of Public Health
Attn: Nina Lindsey, Health Disparities Grant Administrator
4041 N. Central Avenue, Suite 700
Phoenix, AZ 85012
E-mail: nina.lindsey@maricopa.gov
SECTION IV
COMPENSATION
18
3.
NOTICE
Any notice given under this Agreement shall be sent to the attention of the following:
MARICOPA COUNTY:
Maricopa County Department of Public Health
Office of Community Empowerment
Attn: Nina Lindsey
4041 N. Central Avenue, Suite 700
Phoenix, AZ 85012
Email: nina.lindsey@maricopa.gov
Maricopa County Department of Public Health
Grants and Contracts Unit
Attn: Theresa Poindexter
4041 N Central Ave, Suite 1400
Phoenix, AZ 85012
Email: Theresa.Poindexter@maricopa.gov
CONTRACTOR:
City of Buckeye
Attn: Philip Yabes
530 E Monroe Ave
Buckeye, AZ 85326
Email: pyabes@buckeyeaz.gov