ARIZONA FOOD BANK NETWORK AGREEMENT.PDF

CONTRACT
BETWEEN
MARICOPA COUNTY
ADMINISTERED BY ITS
HUMAN SERVICES DEPARTMENT
AND
ARIZONA FOOD BANK NETWORK
Contract No.: C-22-22-158-X-00
Contract Not-To Exceed: $3,000,000
Contract Start Date: August 1, 2021
Contract Termination Date: June 30, 2023
CFDA: 21.027 Coronavirus State and Local Fiscal Recovery Funds
DUNS: 182587451
1.0 PARTIES
1.1 This Contract is a financial agreement (“Agreement”) between Arizona Food Bank
Network, a non-profit corporation (“Contractor”) and Maricopa County
administered by its Human Services Department, (“County”) to administer a grant
assistance program for food banks serving Maricopa County residents responding
to increased demand due to the impact of COVID-19.
1.2 The Contractor and the County are collectively referred to as the “Parties” and
individually as a “Party.”
1.3 Maricopa County is authorized to enter into this Agreement under A.R.S. §§ 11-
201 and 11-254.04.
1.4 The Parties shall provide and perform as set forth in this Agreement. All rights and
obligations of the Parties shall be governed by the terms of this Agreement, its
exhibits, attachments, and appendices, including any Subcontracts, Amendments,
or Change Orders as set forth in this Agreement.
2.0 PURPOSE
The purpose of the Agreement is to research system-use and administer a grant
assistance program for food banks serving Maricopa County residents responding to
increased demand due to the impact of COVID-19.
3.0 CONTRACTOR RESPONSIBILITIES
3.1 The Contractor shall review applications, administer grants to qualified agencies,
and distribute up to $2,760,000 on behalf of the County to food banks and partner
agencies serving Maricopa County residents. The funding shall be distributed in
the following categories:
3.1.1 Grants to member agencies to provide operational and capital grants to
distribute shelf stable food and fresh food to meet the increased demand
resulting from the impact of the COVID-19 pandemic. These funds will be
distributed through at least two rounds of competitive grant-making.
3.1.2 Grants to regional member food banks for distribution of federal
commodities, grocery donations, and fresh produce to both food insecure
populations and agencies critical to serving food insecure populations.
3.1.3 Grant funds will be distributed as stated in 3.1.1 and 3.1.2 based on
applications received and agency need.
3.2 The Contract shall use no greater than $150,000 for the research and client data
compilation and analysis to determine demographic and socioeconomic
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information of food bank users, the barriers to Link2Feed participation, and support
system users.
3.3 The Contractor shall provide the County a monthly report which shall include the
following:
3.3.1 Actual or estimated (if actual is not feasible) pounds of food provided to the
agency to distribute to food insecure persons; and
3.3.2 Actual or estimated (if actual is not feasible) number of food insecure
persons and households served.
3.4 After completion of the activities as referenced in 3.2, the Contractor shall provide
a summary of the analysis, which includes but is not limited to:
3.4.1 Demographic and socioeconomic information of food bank users; and
3.4.2 List of barriers to Link2Feed participation; and
3.4.3 Details of the support provided to system users.
3.5 The Contractor shall receive and review grant application submittals using the
Eligibility Criteria in Attachment A. Applications shall be accepted on a rolling basis
from approximately August 1, 2021 to such time all funds have been expended or
June 15, 2023, whichever comes first.
3.6 Upon review of applications and on a schedule as agreed upon by both parties,
Contractor shall provide the County for final review and acceptance a list of
applicants and recommended grant recipients by funding category with the
potential award amount and primary purpose of award.
3.7 Distribute funds to qualified and approved grant applicants in a net 10 days
following final approval and signed grant agreement.
3.8 The Contractor shall track and record funds distributed to grant recipients separate
from other sources of funding the Contractor may provide to the same grant
recipients.
3.9 Collection and retention of all required documents from grantees; assessment of
reports for deficiencies and contact agencies to have these deficiencies remedied.
All records received by Contractor for the Program will be provided to County no
later than July 31, 2023.
3.10 Any funds not disbursed by Contractor by June 30, 2023, unless revised through
an administrative change order, shall be returned to County not later than July 31,
2023. Similarly, if any grantee fails to cash a check or otherwise returns funds to
Contractor, such funds shall be returned to County not later than July 31, 2023.
3.11 Expenditure and Performance Reporting shall be submitted as follows:
3.11.1 Quarterly Expenditure and Performance Reports indicating use of funds
by category, performance metric data, and additional reports as identified
in Appendix A.
3.11.2 Quarterly Expenditure and Performance Reports will cover periods from
(Q1) July 1 to September 30, (Q2) October 1 through December 31, (Q3)
January 1 through March 31, and (Q4) April 1 through June 30.
3.11.3 Quarterly reports will be due no later than 30 days after the last day of the
quarter.
3.11.4 Annual Expenditure and Performance Reports will summarize use of funds
by category and performance metric data for that year.
3.11.5 Annual Expenditure and Performance Reports will be due no later than July
30 of each year. The first Annual report will be due July 30, 2022.
3.11.6 A final report to County not later than July 31, 2023 reflecting all required
data, including but not limited to: applicants and recipients by category,
amounts awarded, primary purpose of award, and scores on performance
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metrics. In addition, include information regarding any funds not disbursed
or otherwise returned to and reverted to County.
3.12 Access for County and its auditors for not less than two (2) calendar years from
the date of the report to all records and materials retained by Contractor relating
to the Program, with such access to be granted during normal business hours on
reasonable notice of not less than forty-eight hours.
3.13 Provision for change to scope to meet requirements of any updated guidance from
US Treasury, Inspector General or other required oversight associated with the
American Rescue Plan Act funds.
3.14 The Contractor shall comply with the Scope of Work as described in Exhibit A.
4.0 COUNTY RESPONSIBILITIES
4.1 The County shall be responsible for the following:
4.1.1 Provide Program qualifications and criteria.
4.1.2 The Human Services Department Director or his/her designee shall provide
final approval of all recommended grant recipients following Contractor's
review of application submissions for compliance with Program criteria and
completeness.
4.1.3 Provide timely payment of Contractor's fee for services rendered.
4.1.4 Cooperate with Contractor's requests for review of any review of an
applicant's factual assertions, location statistics, and similar items, in order
to allow Contractor to maintain required timelines as set forth in this
Agreement.
5.0 TERM
The Agreement shall be effective on the date listed on page 1 of the Agreement, and it
will expire on June 30, 2023.
6.0 AGREEMENT RENEWAL
The Agreement may be renewed by a written amendment three (3) times for a period of
three (3) months each, provided however, that Contractor is in full compliance with all
terms and conditions of this Agreement.
7.0 ADMINISTRATIVE CHANGE ORDERS
7.1 Administrative Change Orders – The Chairman of the Board of Supervisors is
authorized upon the recommendation of the Human Services Department Director
and Legal Counsel to make changes within the general scope of the Agreement
on behalf of the County through Administrative Change Orders. Administrative
Change Orders shall be approved and fully executed by the Chairman of the Board
of Supervisors and the Contractor’s authorized Representative. Administrative
Change Orders may address any of the following areas:
7.1.1 Modifications to the project timeline if the last day of the project timeline is
within the Agreement term;
7.1.2 Modifications to Budget line items if the Agreement Amount remains
unchanged;
7.1.3 Modifications required by federal, state, or County regulations, ordinances,
or policies; and
7.1.4 Modifications to Administrative requirements such as changes in reporting
periods, frequency of reports, or report formats required by Department of
Treasury or local regulations, policies or requirements.
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7.2 It is the responsibility of the Contractor to ensure the latest documents are
consulted and followed.
8.0 AMENDMENTS
All Amendments to this Agreement shall be in writing and signed by authorized signers for
both Parties.
9.0 TERMINATION
9.1 The Parties may mutually terminate or cancel this Agreement after providing the
appropriate notice, as defined in the following subsections.
9.2 Generally, termination shall become effective after at least thirty (30) calendar days
prior written notice delivered by personal delivery or registered or certified mail,
postage prepaid and return receipt requested, to the persons at the addresses set
forth in the Notice section of this Agreement (“General Termination Notice”).
9.3 Separately, the County has the right to terminate the Agreement upon twenty-four
(24) hour notice when the County determines that the health or welfare of County
employees or Service Recipients are endangered or the Contractor’s non-
compliance jeopardizes funding source financial participation. Notice under this term
shall occur in the same manner as required under Termination Notice, at Section
9.2, above.
9.4 Further, under A.R.S. § 38-511, the County may cancel this Agreement at any time
without penalty or further obligation within three years after execution of this
Agreement if any person significantly involved in initiating, negotiating, securing,
drafting or creating this Agreement on behalf of that Party is, at any time while this
Agreement or any extension of the Agreement is in effect, an employee or agent of
any other party to the Agreement in any capacity or consultant to any other party of
the Agreement with respect to the subject matter of the Agreement. Cancellation
under A.R.S. § 35-511 is effective when written notice from the County is received
by the Contractor, unless the notice specifies a later time (“Conflict Cancellation
Notice”). Notice under this term shall occur in the same manner as required under
Termination Notice at Section 9.2. Additionally, under A.R.S § 38-511, the County
may recoup any fee or commission paid or due to any person significantly involved
in initiating, negotiating, securing, drafting or creating the contract on behalf of the
County from any other Party to this Agreement arising as the result of this
Agreement.
9.5 See also Section 11.0 (Availability of Funds) for additional termination provisions.
9.6 If not terminated or cancelled under one of the above terms, then this Agreement
shall terminate upon the expiration of the Term of this Agreement.
10.0 FUNDING, INVOICING, AND PAYMENT
10.1 The funding of this agreement is through the American Rescue Plan Act,
Coronavirus State and Local Fiscal Recovery Funds under the CFDA Number
21.027.
10.2 The County shall pay the Contractor an amount not to exceed $90,000 for the
administration of the grant assistance program.
10.2.1 The Contractor shall submit to the County an invoice for administrative
services based on the following scheduling:
10.2.1.1 $30,000 upon execution of this contract;
10.2.1.2 $30,000 on July 1, 2022; and
10.2.1.3 A final invoice for $30,000 upon submission of final report.
10.3 The County shall pay the Contractor an amount not to exceed $150,000 for the
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research and data analysis activities as described in Section 3.2 on a cost
reimbursement method.
10.3.1 The Contractor shall submit invoices for the actual costs incurred for these
activities on a monthly basis supported by back-up documentation.
10.3.2 The Contractor shall submit to the County a Request for Reimbursement
of all expenditures within the same fiscal year in which the expenditures
are incurred. The fiscal year runs July 1st through June 30th and all
Requests for Reimbursement shall be submitted no later than July 30th
for the preceding fiscal year.
10.4 The Contractor shall submit invoices to hsdfinance@maricopa.gov.
10.5 The County shall reimburse the Contractor on a Net 0 payment standard.
10.6 Upon execution of this contract, the County shall wire transfer the Contractor
$2,760,000 for the activities as stated in Section 3.0.
10.7 Funds not disbursed including interest income earned (if any) at the end of the
Program will revert to County no later than July 30, 2023.
11.0 AVAILABILITY OF FUNDS
11.1 The provisions of this Agreement relating to the payment for services shall become
effective when funds assigned for compensating the Contractor, as provided herein,
are actually available to the County for disbursement. Notwithstanding any other
provision in this Agreement, every payment obligation of the Parties under this
Agreement is conditioned upon the availability of funds appropriated and allocated
for the payment of such obligation. If funds are not appropriated, allocated and
available or if the appropriation is changed by the appropriating body resulting in
funds no longer being available for the continuance of this Agreement, this
Agreement may be terminated by the affected Party or any other affected agency
of the County or state at the end of the period for which funds are available. No
liability shall accrue to the affected Party or any other affected agency of the County
or state in the event this provision is exercised, and neither the affected Party nor
any other affected agency of the County or state shall be obligated or liable for any
future payments or for any damages due to termination under this paragraph.
11.2 The County shall be the sole authority in determining the availability of funds under
this Agreement and the County shall keep the Contractor fully informed as to the
availability of funds.
11.3 If any action is taken by any state agency, federal department or any other agency
or instrumentality to suspend, decrease, or terminate its fiscal obligation under, or
in connection with this agreement, then the County may amend, suspend, decrease
or terminate its obligations under or in connection with this Agreement. In the event
of termination, the County shall be liable for payment only for services rendered
prior to the effective date of the termination, provided that such services performed
are in accordance with the provisions of this Agreement. The County shall give
written notice of the effective date of any suspension, amendment, or termination
under this section at least ten (10) calendar days in advance.
12.0 RIGHTS IN DATA
The Parties shall have the use of all project data and reports resulting from this Agreement
without cost or other restriction, except as otherwise provided by law or applicable
regulation. Each Party shall supply to the other Party, upon request, any available
information that is relevant to this Agreement and to the performance hereunder.
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13.0 AGREEMENT COMPLIANCE MONITORING
The County shall monitor the Contractor's compliance with, and performance under, the
terms and conditions of this Agreement. On-site visits for compliance monitoring may be
made by the County and/or its grantor agencies at any time during the Contractor's normal
business hours, announced or unannounced. During an on-site visit, the Contractor shall
make all of its records and accounts related to work performed and services provided under
this Agreement available to the County for inspection and copying.
14.0 AUDIT REQUIREMENTS
14.1 In accordance with A.R.S. § 11-624, the Contractor shall, at its own expense, file
with the County, either:
14.1.1 Audited financial statements prepared in accordance with federal single audit
requirements; or,
14.1.2 Financial statements prepared in accordance with generally accepted
accounting principles audited by an independent certified public accountant.
15.0 NOTICES
For Maricopa County: For Arizona Food Bank Network:
Jacqueline Edwards, Angie Rodgers,
Human Services Deputy Director President and CEO
Jacqueline.Edwards@maricopa.gov angie@azfoodbanks.org
602-506-4812 602-528-3434
234 N. Central Ave., 3rd Floor 340 E. Coronado Road, Suite 400
Phoenix, AZ 85004 Phoenix, AZ 85004-1524
16.0 EMPLOYMENT DISCLAIMER
16.1 This Agreement is not intended to constitute, create, give rise to, or otherwise
recognize a joint venture agreement, partnership, or other formal business
association or organization of any kind between the Parties, and the rights and
obligations of the Parties shall be only those expressly set forth in this Agreement.
16.2 Each Party agrees that no individual performing under this Agreement on behalf
of the Party may be considered an agent, employee, or representative of the other
Party, and that no rights reserved for a Party shall accrue to or apply to any such
individual operating on behalf of the other Party. Each Party shall have total
responsibility for all salaries, wages, bonuses, retirement, withholdings, workers’
compensation, occupational disease compensation, unemployment
compensation, other employee benefits, and all taxes and premiums appurtenant
thereto concerning each Party’s own agents, employees, or representatives.
17.0 SAFEGUARDING OF PARTICIPANT INFORMATION
17.1 The Contractor shall observe and abide by all applicable State of Arizona and federal
statues, rules and regulations regarding the use or disclosure of information
including, but not limited to, information concerning applicants for and recipients of
contracted services. To the extent permitted by law, the Contractor shall release
information to the County, and to the Attorney’s General’s Office as required by the
terms of this Agreement, by law or upon their request.
17.2 The Contractor shall comply with the requirements of the Arizona Address
Confidentiality Program, A.R.S. § 41-161 et. seq. The County will advise the
Contractor as to applicable policies and procedures adopted for such compliance.
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17.3 The use or disclosure by any Party of any information concerning an applicant for,
or recipient of, services under this Agreement is directly limited to the conduct of this
Agreement. The Contractor and its agents shall safeguard the confidentiality of this
information, just as the Contractor would safeguard its own confidential information.
The Contractor shall include a clause to this effect in all subcontracts related to this
Agreement.
18.0 INDEMNIFICATION
18.1 To the extent permitted by law, each Party (as “Indemnitor”) agrees to indemnify,
defend, and hold harmless the other Party (as “Indemnitee”) from and against any
and all claims, losses, liability, costs, or expenses (including reasonable attorney
and expert fees) (“Claims”) arising out of bodily injury (including death) of any
person or property damage, but only to the extent that such Claims, which result
in vicarious/derivative liability to the Indemnitee, are caused by the act, omission,
negligence, misconduct, or other fault of the Indemnitor and any and all of its
agents, representatives, officials, officers, directors, employees, volunteers,
departments, agencies, boards, and commissions.
18.2 Additionally, the Contractor shall indemnify, defend, and hold harmless the County
and its agents, representatives, officials, officers, directors, employees, volunteers,
departments, agencies, boards, and commissions from and against all Claims
either arising from or related to breach of this Agreement by the Contractor and
any and all of its agents, representatives, officials, officers, directors, employees,
volunteers, departments, agencies, boards, and commissions.
19.0 INSURANCE
19.1 The Contractor shall and shall cause any of its subcontractors to purchase and
maintain the minimum insurance stipulated in this Agreement from a company or
companies duly licensed by the State of Arizona and possessing a current A.M.
Best, Inc. rating of B++6. In lieu of State of Arizona licensing, the stipulated
insurance may be purchased from a company that is or companies that are
authorized to do business in the State of Arizona, provided that such insurance
company is or companies meet the approval of the County. The form of any
insurance policies and forms must be acceptable to the County.
19.2 All insurance required under this Agreement shall be maintained in full force and
effect until all work or service required to be performed under the terms of this
Agreement is satisfactorily completed and formally accepted. Failure to do so may,
at the sole discretion of the County, constitute a material breach of this Agreement.
19.3 The Contractor’s insurance shall be primary insurance as respects the County, and
any insurance or self-insurance maintained by the County shall not contribute to it.
19.4 Any failure to comply with the claim reporting provisions of the insurance policies
or any breach of an insurance policy warranty shall not affect coverage afforded
under the insurance policies to protect the County.
19.5 The insurance policies may provide coverage that contains deductibles or self-
insured retentions. Such deductible or self-insured retentions shall not be
applicable with respect to the coverage provided to the County under those
policies. The Contractor shall be solely responsible for the deductible and/or self-
insured retention and the County, at its option, may require the Contractor to
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secure payment of such deductibles or self-insured retentions by a surety bond or
an irrevocable and unconditional letter of credit.
19.6 The County reserves the right to request and to receive, within ten (10) working
days, certified copies of any or all of the insurance certificates required under this
Agreement. The County shall not be obligated to review policies or endorsements
or to advise the Contractor of any deficiencies in such policies and endorsements,
and such receipt shall not relieve the Contractor from, or be deemed a waiver of,
the County’s right to insist on strict fulfillment of the Contractor’s obligations under
this Agreement.
19.7 The insurance policies required by this Agreement, except Workers’
Compensation, shall name the County and its agents, representatives, officers,
officials, directors, employees, volunteers, departments, agencies, boards,
committees, and commissions as Additional Insureds.
19.8 The policies required under this Agreement, except Workers’ Compensation, shall
contain a waiver of transfer of rights of recovery (subrogation) against the County,
its agents, representatives, officers, officials, directors, employees, volunteers,
departments, agencies, boards, committees, and commissions for any claims
arising out of the Contractor’s work or service.
19.9 The Contractor’s policies shall stipulate that the insurance afforded the Contractor
shall be primary insurance and that any insurance carried by the County and its
agents, representatives, officers, officials, directors, employees, volunteers,
departments, agencies, boards, committees, and commissions shall be excess
and not contributory insurance, as provided by state (see A.R.S. § 41-621).
19.10 Coverage provided by the Contractor shall not be limited to the liability assumed
under the indemnification provisions of this Agreement.
19.11 Commercial General Liability: Commercial General Liability insurance and, if
necessary, Commercial Umbrella insurance with a limit of not less than $1,000,000
for each occurrence, and $2,000,000 General Aggregate Limit. The policy shall
include coverage for premises liability, bodily injury, broad form property damage,
personal injury, products and completed operations and blanket contractual
coverage, and shall not contain any provisions that would serve to limit third party
action over claims. There shall be no endorsements or modifications of the CGL
limiting the scope of coverage for liability arising from explosion, collapse, or
underground property damage.
19.12 Workers’ Compensation: Workers’ Compensation insurance to cover obligations
imposed by federal and state statutes having jurisdiction of the Contractor’s
employees engaged in the performance of the work or services under this
Agreement; and Employer’s Liability insurance of not less than $1,000,000 for
each accident, $1,000,000 disease for each employee, and $1,000,000 disease
policy limit.
19.13 The Contractor waives all rights against the County and its agents,
representatives, officers, officials, directors, employees, volunteers, departments,
agencies, boards, committees, and commissions for recovery of damages to the
extent these damages are covered by the Workers’ Compensation and Employer’s
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Liability or commercial umbrella liability insurance obtained by the Contractor
pursuant to this Agreement.
19.14 Commercial General Liability – Occurrence Form: Policy shall include bodily
injury, property damage, and broad form contractual liability coverage.
19.15 Minimum Limits:
General Aggregate $2,000,000
Each Occurrence Limit $1,000,000
19.16 Certificates of Insurance: Upon Agreement execution, the Contractor shall
furnish the County with valid and complete certificates of insurance or formal
endorsements as required by the Agreement, issued by the Contractor’s insurer(s),
as evidence that policies providing the required coverage, conditions and limits
required by this Agreement are in full force and effect. Such certificates shall
identify this Agreement number and title.
19.17 Prior to commencing work or services under this Agreement, the Contractor shall
have insurance in effect as required by the Agreement in the form provided by the
County, issued by the Contractor’s insurer(s), as evidence that policies providing
the required coverage, conditions and limits required by this Agreement are in full
force and effect. Such certificates shall be made available to the County upon ten
(10) business days. BY SIGNING THE AGREEMENT PAGE THE CONTRACTOR
AGREES TO THIS REQUIREMENT AND FAILURE TO MEET THIS
REQUIREMENT WILL RESULT IN CANCELLATION OF AGREEMENT.
19.18 In the event any insurance policy(ies) required by this Agreement is (are) written
on a “claims made” basis, coverage shall extend for two years past completion and
acceptance of the Contractor’s work or services and as evidenced by annual
Certificates of Insurance.
19.19 If a policy does expire during the life of the Agreement, a renewal certificate must
be sent to County fifteen (15) days prior to the expiration date.
19.20 Cancellation and Expiration Notice: Insurance required herein shall not be
permitted to expire, be canceled, or materially changed without thirty (30) days
prior written notice to the County.
19.21 If the Contractor provides professional or semi-professional personal services
under this agreement for which malpractice or professional liability coverage is
available, such as medical, psychiatric, or legal services, Contractor shall carry
minimum liability coverage of $2,000,000 each occurrence and provide the County
with proof of coverage.
19.22 Subcontractors: The Contractor’s certificate(s) shall include all subcontractors as
insureds under its policies or Contractor shall furnish to Maricopa County separate
certificates for each subcontractor. All coverages for subcontractors shall be
subject to the minimum requirements identified above.
19.23 Approval: Any modification or variation from the insurance requirements in any
Agreement must have prior approval from the County whose decision shall be final.
Such action will not require a formal Agreement amendment, but may be made by
administrative action.
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20.0 COMPLIANCE WITH APPLICABLE LAWS
The Contractor shall comply with all applicable federal, state, and local laws, rules,
regulations, executive orders, and court orders without limitation to those designated in
this Agreement.
21.0 DRUG FREE WORKPLACE ACT
The Contractor agrees to comply with the Drug-Free Workplace Act of 1988 (41 U.S.C. §§
701, et seq.), which requires that the Contractor and grantees of federal funds must certify
that they will provide drug-free workplaces that comply with federal law. This certification is
a precondition to receiving a grant or entering into this Agreement.
22.0 CLEAN AIR ACT & CLEAN WATER ACT
To the extent applicable, the Contractor shall comply with all applicable standards, orders,
or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h), section
508 of the Clean Water Act (33 U.S.C. §§1368, et seq.) Executive Order 11738, and
Environmental Protection Agency regulations (40 C.F.R. Part 15).
23.0 RELIGIOUS ACTIVITIES
The Contractor warrants that none of its costs and none of the costs incurred by any
subcontractor will include any expense for any religious activity.
24.0 POLITICAL ACTIVITY PROHIBITED
None of the funds, materials, property or services contributed by the County or the
Contractor under this Agreement shall be used for any partisan political activity, or to further
the election or defeat of any candidate for public office.
25.0 CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY AND
VOLUNTARY EXCLUSION
25.1 The undersigned, by signing this Agreement, represents that he or she has the
authority to bind the Contractor to the terms of this Certification. The Contractor
certifies to the best of its knowledge and belief that it and its principals:
25.1.1 Are not presently debarred, suspended, proposed for debarment, declared
ineligible or voluntarily excluded from covered transactions by any federal
department or agency;
25.1.2 Have not within a 3-year period preceding the Agreement Start Date, been
convicted of or had a civil judgment rendered against them for (1) the
commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (federal, state, or local)
transaction or contract under a public transaction; (2) the violation of any
federal or State antitrust statutes, or (3) the commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
25.1.3 Are not presently indicted or otherwise criminally or civilly charged by a
governmental entity (federal, State, or local) with commission of any of the
offenses enumerated in subparagraph 25.1.2 above (2) of this certification;
25.1.4 Have not, within a 3-year period preceding this Agreement, had one or more
public transactions (federal, state, or local) terminated for cause or default;
25.1.5 Shall immediately notify the County if, at any time during the term of this
Agreement, it is debarred, suspended, declared ineligible, or voluntarily
excluded from participation. The County may pursue available remedies in
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the event of such occurrence, including immediate termination of this
Agreement; and
25.1.6 Shall not enter into a subcontract or sub-recipient agreement with any person
or organization that is debarred, suspended, declared ineligible, or
voluntarily excluded from participation. The County may pursue available
remedies in the event of such occurrence, including immediate termination
of this Agreement without liability.
25.1.7 The Contractor shall include, without modification, this language of this
Certification, in all agreements with sub-recipients and other
sub(contractors); in all lower tier covered transactions, and in all solicitations
for lower tier covered transactions in accordance with 45 C.F.R. Part 76.
25.1.8 If the Contractor is not able to provide this Certification, an explanation as to
why shall be immediately provided to the County, Attention: Deputy Director,
at the address set forth on the Notice section of this Agreement.
26.0 MINIMUM WAGE REQUIREMENTS
The Contractor warrants that it shall pay all its employees who are performing work or
providing services under this Agreement not less than the minimum wage specified under
Section 206(a)(1) of the Fair Labor Standards Act of 1938, as amended (29 U.S.C. §§
201, et seq.) by law, regulation, Executive Order 13658, or as required by Arizona law.
27.0 RECOGNITION OF COUNTY SUPPORT
The Contractor shall give recognition to the County and the funding source for its support
when the Contractor publishes materials or releases public information that is paid for in
whole or in part with funds supporting the services under this Agreement.
28.0 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO
INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS
28.1 The Contractor agrees that this Agreement and employees working on this
Agreement will be subject to the whistleblower rights and remedies in the pilot
program on Contractor employee whistleblower protections established at 41
U.S.C. § 4712 by section 828 of the National Defense Authorization Act for Fiscal
Year 2013 (Pub. L. 112–239) and section 3.908 of the Federal Acquisition
Regulation;
28.2 The Contractor shall inform its employees in writing, in the predominant language
of the workforce, of employee whistleblower rights and protections under 41 U.S.C.
§ 4712, as described in Section 3.908 of the Federal Acquisition Regulation.
Documentation of such employee notification must be kept on file by the Contractor
and copies provided to the County upon request; and,
28.3 The Contractor shall insert the substance of this clause, including this paragraph
(3), in all subcontracts over the simplified acquisition threshold ($250,000 as of
June 2021).
29.0 EQUAL EMPLOYMENT OPPORTUNITY
The Contractor shall not discriminate against any employee or applicant for employment
because of race, age, disability, color, religion, sex, sexual identity, gender identity, or
national origin. The Contractor shall take affirmative action to ensure that applicants are
employed and that employees are treated during employment without regard to their race,
age, disability, color, religion, sex, sexual identity, gender identity or national origin. Such
action shall include, but is not limited to, the following: employment, upgrading, demotion
or transfer, recruitment or recruitment advertising, lay-off or termination, rates of pay or
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other forms of compensation, and selection for training, including apprenticeship. The
Contractor shall, to the extent such provisions apply, comply with Title VI and VII of the
Civil Rights Act of 1964, as amended (42 U.S.C. §§ 2000a, et seq.); the Rehabilitation Act
of 1973, as amended (29 U.S.C. §§ 701, et seq.); the Age Discrimination in Employment
Act of 1967, as amended (29 U.S.C. §§ 621, et seq.); the Americans With Disabilities Act
of 1990 (42 U.S.C. §§ 12101, et seq.); and Executive Orders 11375 amending Executive
Order 11246 and implementing regulations at 41 CFR part 60, as well as, Arizona
Executive Order 2009-09, which mandates that all persons shall have equal access to
employment opportunities.
30.0 DISABILITY REQUIREMENTS
The Contractor agrees that any electronic or information technology offered under this
Agreement shall comply with A.R.S. §§41-2532 and 2533 and Section 508 of the
Rehabilitation Act of 1973, which requires that employees and members of the public shall
have access to and use of information technology that is comparable to the access and
use by employees and members of the public who are not individuals with disabilities.
31.0 RETENTION OF RECORDS
31.1 This provision applies to all financial and programmatic records, supporting
document, statistical records, and other records of the Contractor that are related
to this Agreement.
31.2 The Contractor shall retain all records relevant to this Agreement for six (6) years
after expiration of this Agreement or after resolution of any audit, whichever is
longer. The County, federal, and State of Arizona auditors, and any other persons
duly authorized by the County, shall have full access to and the right to examine,
copy, and make use of any and all of the records.
32.0 DISPOSAL OF PROPERTY
Upon termination of this Agreement, any property involved shall revert to the owner.
33.0 UNIFORM ADMINISTRATIVE REQUIREMENTS
By entering into this Agreement, the Contractor agrees to comply with all applicable
provisions of Title 2, Subtitle A, Chapter II, Part 200—UNIFORM ADMINISTRATIVE
REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL
AWARDS contained in 2 C.F.R. § 200, et seq.
34.0 IMMIGRATION LAWS AND REGULATIONS
34.1 Federal Immigration and Nationality Act:
34.1.1 The Contractor understands and acknowledges the applicability of the
Immigration Reform and Control Act of 1986 (IRCA). The Contractor
agrees to comply with the IRCA in performing under this Agreement and to
permit the County to inspect personnel records to verify such compliance.
34.1.2 By entering into this Agreement, the Contractor warrants compliance with
the Federal Immigration and Nationality Act (FINA) and all other Federal
immigration laws and regulations related to the immigration status of its
employees. The Contractor shall obtain statements from their
subcontractors certifying compliance and shall furnish the statements to
the Deputy Director upon request. These warranties shall remain in effect
through the term of the Agreement. The Contractor and their
subcontractors shall also maintain Employment Eligibility Verification forms
(I-9) as required by the U.S. Department of Labor’s Immigration and Control
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Act for all employees performing work under the Agreement. I-9 forms are
available for download at USCIS.GOV.
34.1.3 The County may request verification of compliance for any employee or
subcontractor performing work under the Agreement. Should the County
suspect or find that the Contractor or any of its subcontractors are not in
compliance, then the County may pursue any and all remedies allowed by
law, including, but not limited to: suspension of work, termination of the
Agreement for default, and suspension and/or debarment of the other
Party. All costs necessary to verify compliance are the responsibility of the
Contractor or its subcontractor.
34.2 Arizona Law: The Contractor warrants that it is in compliance with A.R.S. § 41-
4401 (e-verify requirements) and further acknowledges:
34.2.1 That the Contractor and its vendors, if any, warrant their compliance with
all federal immigration laws and regulations that relate to their employees
and their compliance with A.R.S. § 23-214;
34.2.2 That a breach of a warranty under subsection 34.2.1 above, shall be
deemed a material breach of this Agreement and the County may
immediately terminate this Agreement without liability;
34.2.3 That the County and any contracting government entity retains the legal
right to inspect the papers and employment records of any Contractor or
vendor’s employee who works on this Agreement to ensure that the
contractor or vendor is complying with the warranty provided under
subsection 34.2.1 above and that the Contractor agrees to make all papers
and employment records of said employee(s) available during normal
working hours in order to facilitate such an inspection.
35.0 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.
36.0 GOVERNING LAW
This Agreement is governed by the laws of the state of Arizona. Venue for any actions or
lawsuits involving this Agreement will be in Maricopa County Superior Court or in the
United States District Court for the District of Arizona, sitting in Phoenix, Arizona.
37.0 WRITTEN CERTIFICATION PURSUANT TO A.R.S. § 35-393.01
If the Contractor engages in for-profit activity and has 10 or more employees, and if this
Agreement has a value of $100,000 or more, then the Contractor certifies it is not currently
engaged in, and agrees for the duration of this Agreement not to engage in, a boycott of
goods and services from Israel. This certification does not apply to a boycott prohibited
by 50 U.S.C. § 4842 or a regulation issued pursuant to 50 U.S.C. § 4842.
Signatures contained on following page
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IN WITNESS, the undersigned warrant they are authorized to execute this Agreement on behalf
of each Party and that this Agreement is therefore binding on the Parties:
APPROVED BY: APPROVED BY:
ARIZONA FOOD BANK NETWORK MARICOPA COUNTY
__________________________________ _________________________________
Angie Rodgers, President & CEO Jack Sellers
_________________________________ ________________________________
Date Date
Attested To:
Juanita Garza, Clerk of the Board Date
APPROVED AS TO FORM:
Deputy County Attorney
Date
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Attachment A: Scope of Work for Food Bank Grants
Program Title: Maricopa County Food Bank Assistance Program
Purpose
The purpose of the Maricopa County Food Bank Assistance Program is to support food banks
serving Maricopa County residents responding to increased demand due to the impact of
COVID-19.
• Provide grants to member agencies to provide operational grants to distribute shelf stable
food and fresh food to meet the increased demand resulting from the impact of the COVID-
19 pandemic.
• Provide grants to regional member food banks for distribution of federal commodities,
grocery donations, and fresh produce to both food insecure populations and agencies
critical to serving food insecure populations.
Program Provisions
• Any grant funds spent on capital equipment and/or asset purchases of $5,000 or more
must have documentation of receiving three quotes prior to purchase. Capital purchases
require written justification as to how it is needed due to COVID-19.
• Funds cannot be used to pay any taxes or utility costs issued by a government entity.
• Awarded agencies must provide Arizona Food Bank Network (AzFBN) with monthly
reports with the performance data as listed below for the time period of their funding.
• Awarded agencies must provide AzFBN with a final report and attestation that all funds
were expended.
• No funds can be used for an agency’s activities prior to the date of AzFBN’s grant to an
awarded agency.
• All funds not disbursed and/or expended by grantees must be returned to administrator,
and then returned to the County by June 15, 2023.
Eligibility Criteria
• Applicant Agency required to be in good standing, as defined by AzFBN, with one of
AzFBN member food bank in Maricopa County:
o St. Mary’s Food Bank Alliance;
o United Food Bank; and/or
o HonorHealth/Desert Mission Food Bank.
• Applicant Agency is required to serve residents of Maricopa County.
• Applicant Agency certifies that from receipt to storage to distribution all food will be
handling safely and at the required temperatures at all times as required by all federal,
state or local regulations
• Applicant Agency certifies that agency staff have received food safety training before
working under this Agreement.
• Applicant Agency certifies that they will not sell food or exchange food for goods or
services.
• Applicant Agency certifies that they will not engage in discrimination and will distribute
food equitably.
• Applicant Agency certifies that civil rights training will be conducted and not to
proselytize to clients in order to receive food.
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Grant Application Questions and required documentation
• Agency Name
• Employer ID/Tax ID Number
• Agency physical address
• DUNS Number, if applicable
• Agency representative contact information
• Agency Type (LLC, Corporation, Partnership, Sole Proprietorship)
• Proof of Nonprofit status, if applicable
• Most recent W-9, if applicable.
• Description of increased demand due to COVID-19 and/or description of significant
number of pounds of food distribution due to COVID-19
• Purpose of request
• Funding amount requested
• Affidavit from applicant attesting to meeting each of the eligibility criteria.
• Documentation as necessary to demonstrate hardship as a result of COVID-19
pandemic
• Capital purchase written justification and three quotes prior to purchase for capital
equipment and/or asset purchases of $5,000 or more.
Performance Metrics
• Each agency awarded with funds must submit:
o Actual or estimated (if actual is not feasible) pounds of food provided to the agency
to distribute to food insecure persons; and
o Actual or estimated (if actual is not feasible) number of food insecure persons and
households served.
Reporting
• Performance metrics as listed above
• Expenditures by category
o Financial invoices and documentation of expenditures
• Recommended agencies to be provided with funds
o Grant applications, criteria, scoring, and supplemental materials may be
requested as needed
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