IGA RE LEAD PROGRAM WITH CITY OF PHX.PDF

City Contract No.
INTERGOVERNMENTAL AGREEMENT
Between
THE CITY OF PHOENIX
And
MARICOPA COUNTY
On behalf of
NEIGHBORHOOD SERVICES DEPARTMENT
This Intergovernmental Agreement ("Agreement") entered into this day of
2017 by and between the City of Phoenix, an Arizona municipal corporation ("City"), for and on behalf of the
Neighborhood Services Department ("City") and Maricopa County ("County").
RECITALS
A. WHEREAS, the City is empowered, pursuant to Arizona Revised Statutes, Section 11-951 through
11-954, as amended, and Chapter 1V Sections 18 and 64, Charter, City of Phoenix to enter into this
Intergovernmental Agreement and has, by ordinance, authorized the undersigned City of Phoenix
representatives to execute this Agreement on behalf of the City.
B. WHEREAS, the County is empowered, pursuant to Arizona Revised Statute, Sections 11-201, 11-
952, and 11-251(paragraph 17), as amended, to enter into this Intergovernmental Agreement and has, by
resolution approved by the County Board of Supervisors, authorized the undersigned to execute this
Agreement on behalf of the County; and
C. WHEREAS, the City has received certain funds pursuant to Section 1011 of the Residential Lead
Based Paint Act of 1992 and the Department of Veteran's Affairs, Housing and Urban Development and
Independent Agencies Appropriations Act of 1994 as part of a LEAD BASED PAINT HAZARD REDUCTION
GRANT (the "Grant").
D. WHEREAS, the City is authorized to utilize the Grant in accordance with the rules and regulations
prescribed by the United States Department of Housing and Urban Development (HUD).
E. WHEREAS, Ordinance No. S-43133 dated January 11, 2017 authorized the City to enter into an
agreement with Maricopa County Department of Public Health, as necessary to implement the program.
F. WHEREAS, the City has proposed that a portion of the Grant funds be allocated to the County for
the purposes of education, blood testing of children and case management as further described in Part C,
Statement of Work.
G. WHEREAS, The County desires to provide the services described herein to assist the City in
providing the services as stated in Part C.
H. WHEREAS, This Agreement consists of three parts:
Part A - General Provisions
Part B - Special Provisions
Exhibit B-1
Exhibit B-2
Exhibit B-3
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Part C - Section 1 - Statement of Work
Section 2 - Budget and/or Consideration
NOW, THEREFORE, in consideration of the promises and mutual agreements contained and described
herein, the City and County agree as follows:
PART A
GENERAL PROVISIONS
1. WORK TO BE PERFORMED
The County shall, in a satisfactory manner, conduct the program as set forth in the Statement of Work
designated as Part C- Section 1 attached hereto and by this reference made a part hereof.
2. TERMS OF AGREEMENT
This Agreement shall commence upon signature by both parties and shall be in full force and effect only
when it has been approved by the duly authorized City officials and filed with the County Recorder. This
Agreement shall remain in effect until December 31, 2020, unless terminated earlier pursuant to the terms
and provisions of this Agreement.
3. REPORTS, RECORDS AND EVALUATIONS
The City shall evaluate and provide guidance and direction to the County in the conduct of activities
designated under this Agreement. The County agrees to submit to the City activity reports as set forth in Part
B and/or Part C. The County agrees further that the City and the funding source agency(s) may carry out
monitoring and evaluation activities. The County agrees to cooperate with the City in monitoring and
evaluating activities and to provide the City copies of all reports required to be submitted to the funding
source agency(s) for this purpose.
4. COMPLIANCE WITH APPLICABLE LAWS
The County shall comply with all applicable laws, ordinances, Executive Orders, rules, regulations, standards,
and codes of the Federal, State and local governments, including HUD, whether or not specifically referenced
herein. In particular, the parties hereto shall be subject to Maricopa County's Internal Policy HR2406,
Prohibition Against Discrimination, Harassment, and Retaliation and the following:
A. Equal Employment Opportunity
1. In order to do business with the City, the County must comply with Phoenix City Code,
1969, Chapter 18, Article V, as amended, Equal Employment Opportunity Requirements.
The County will direct any questions in regard to these requirements to the Equal
Opportunity Department, (602) 262-6790.
2. Any supplier/lessee performing under this Agreement shall not discriminate against any
worker, employee or applicant, or any member of the public, because of race, color,
religion, sex, national origin, age, or disability, nor otherwise commit an unfair
employment practice. The supplier/lessee will ensure that applicants are employed, and
employees are dealt with during employment without regard to their race, color, religion,
sex, national origin, age, or disability, and shall adhere to a policy to pay equal
compensation to men and women who perform jobs that require substantially equal skill,
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effort, and responsibility, and that are performed within the same establishment under
similar working conditions. Such action shall include but not be limited to the following:
employment, promotion, demotion or transfer, recruitment or recruitment advertising,
layoff or termination; rates of pay or other forms of compensation; and selection for
training; including apprenticeship. The supplier/lessee further agrees that this clause will
be incorporated in all subcontracts with all labor organizations furnishing skilled, unskilled
and union labor, or who may perform any such labor or services in connection with this
Agreement. Supplier/lessee further agrees that this clause will be incorporated in all
subcontracts, job-contractor agreements or subleases of this Agreement entered into by
supplier/lessee. The supplier/lessee further agrees not to discriminate against any worker,
employee or applicant, or any member of the public, because of sexual orientation or
gender identity or expression and shall ensure that applicants are employed, and
employees are dealt with during employment without regard to their sexual orientation or
gender identity or expression.
3. Suppliers and lessees may be required to provide additional documentation to the Equal
Opportunity Department affirming that a nondiscriminatory policy is being utilized.
4. The Equal Opportdnity Department shall monitor the employment policies and practices
of suppliers and lessees subject to this article as deemed necessary. The Equal
Opportunity Department is authorized to conduct on-site compliance reviews of selected
firms, which may include an audit of personnel and payroll records, if necessary.
B. The County agrees to comply with the Drug-Free Workplace Act of 1988 (P.L. 100-690).
This law requires that contractors and grantees of federal funds must certify that they will
provide drug-free workplaces. This certification is a precondition to receiving a grant or
contract.
C. The County agrees to comply with the "Disclosure of Lobbying Activities" regulations (P.L.
101-121; 31 U.S.C. 1352). This law requires that contractors and grantees of federal funds
must certify that no federal funds are used for lobbying activities and provides for penalties
for failure to provide this certification. This certification is a requirement for contracting.
D. The County agrees to abide by Executive Order 12549, Debarment and Suspension (34
CFR, Part 85, Section 85.510, Participant Responsibilities), published as Part VII of the May
26, 1988, Federal Register (pages 19159-19211).
E. The County shall comply with the Americans with Disabilities Act of 1990 (P.L. 101-336) and
as may be amended.
F. The County shall, in the performance of this Agreement, act in compliance with the City's
contract with the U.S. Department of Housing and Urban Development's Office of Lead
Hazard Control and Healthy Homes. Copies of the contract may be obtained by contacting
the person to whom this proposal is submitted.
G. The use of Disadvantaged/Minority-owned and Women-owned Business Enterprises
vendors which reflect business community ethnic composition is strongly urged. Appropriate
statistical and Disadvantaged Business Enterprise/Minority-owned Business
Enterprise/Women-owned Business Enterprise certification information is available from the
City's Equal Opportunity Department,
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5. LEGAL WORKER REQUIREMENTS
The City is prohibited by Arizona Revised Statutes § 41-4401 from awarding an agreement to any entity
who fails, or whose subcontractors fail, to comply with Arizona Revised Statutes § 23-214(A). Therefore,
County agrees that:
A. County and each subcontractor it uses warrants their compliance with all federal immigration
laws and regulations that relate to their employees and their compliance with Arizona Revised
Statutes § 23-214, subsection A.
B. A breach of warranty herein will be deemed a material breach of the Agreement and is subject
to penalties up to and including termination of the Agreement.
C. The City retains the legal right to inspect the papers of the Contractor or subcontractor
employee(s) who work(s) on this Agreement to ensure that Contractor or subcontractor is
complying with the warranty herein.
6. COMPLIANCE WITH NON-DISCRIMINATION LAWS
The County shall comply with Title VII of the Civil Rights Act of 1964, as amended, the Age Discrimination in
Employment Act, and State Executive Order No. 75-6 which mandates that all persons, regardless of race,
color, religion, sex, age, national origin or political affiliation, shall have equal access to employment
opportunities. The County shall comply with the 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.
The County shall comply with 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. The County shall comply
with the requirements of Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits
discrimination on the basis of disability, in delivering contract services.
7. INDEMNIFICATION
To the extent permitted by law, each party will indemnify and save the other party (as "Non-Indemnifying
Party(ies)) harmless, where the Non-Indemnifying Party(ies) includes any of the Non-Indemnifying
Party's(ies') departments, agencies, officers, employees, elected officials or agents from and against all
loss, damage, or claim of any nature, whatsoever, which is caused by any activity, condition or event
arising out of the negligent performance, or un-excused, non-performance by the Indemnifying Party(ies),
or the Indemnifying Party's(ies), departments, agencies, officers, employees, elected officials or agents of
any of the provisions of this Agreement.
Each Non-lndemnifying Party(ies), in all instances, shall be indemnified against all liability, loss, expense,
damage, or claim of any nature, whatsoever, for, or on account of any injuries, or death, of persons, or
damages to, or destruction of, property arising out of, or in any way connected with, the negligent
performance, or un-excused, non-performance of this Agreement by the Indemnifying Party(ies), except
such injury or damage as shall have been occasioned by the negligence of the Non-Indemnifying
Party(ies). In the event of any litigation, the damages incurred by the Non-Indemnifying Party(ies), their
department, agencies officers, employees, elected officers or agents shall include court costs, expenses
for litigation and reasonable attorneys' fees.
8. INSURANCE
A. Insurance Requirements for Governmental Parties to an IGA: None.
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B. Insurance Requirements for Any Subcontractors Used by a Party to this
Intergovernmental Agreement: If any part of this Agreement is contracted or
subcontracted, the County shall require its contractor(s) and subcontractor(s) to name the
City of Phoenix as an additional insured to the same extent that the County is named as
an additional insured as required under the contract.
C. Approval: Any modification or variation from the insurance requirements in this
Agreement shall be made by the Law Department, whose decision shall be final. Such
action will not require a formal Agreement amendment, but may be made by
administrative action.
BONDING
The Maricopa County Treasurer is authorized to act on behalf of County for the purpose of receiving or
depositing funds into program accounts or issuing financial documents, checks or other instruments of
payment for program costs, shall evidence fidelity bonding coverage in favor of the City in the amount of
FIFTY THOUSAND ($50,000) DOLLARS.
10. NON-WAIVER OF LIABILITY
The City of Phoenix, as a public entity supported by tax monies, in execution of its public trust, cannot agree
to waive any lawful or legitimate right to recover monies lawfully due it. Therefore, the County agrees that it
will not insist upon or demand any statement whereby the City agrees to limit in advance or waive any right
the City might have to recover actual lawful damages in any court of law under applicable Arizona law.
11. EMPLOYMENT DISCLAIMER
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, and the rights and
obligations of the parties shall be only those expressly set forth in this Agreement.
The parties agree that no individual performing under this Agreement on behalf of the County is to be
considered a City employee, and that no rights of City civil service, City retirement, or City personnel rules
shall accrue to such individual. The County shall have total responsibility for all salaries, wages, bonuses,
retirement, withholdings, worker'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 City harmless with respect thereto.
12. COVENANT AGAINST CONTINGENT FEES
The County warrants that no person or selling agent has been employed or retained to solicit or secure this
Agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent
fee, excepting bona fide employers or bona fide established commercial or selling agencies maintained by
the County for the purpose of securing business. For breach or violation of this warranty, the City shall have
the right to annul this Agreement without liability or in its discretion to deduct from the commission, brokerage
or contingent fee.
13. CITY'S RIGHT TO DISQUALIFY FOR CONFLICT OF INTEREST
The City reserves the right to disqualify the County on the basis of any real or apparent conflict of interest that
is disclosed by any proposal submitted or any other data available to the City. This disqualification is at the
sole discretion of the City. Any proposers submitting a proposal or contractor herein, waives both any right to
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object now or at any future time, before any body or agency, including but not limited to, the City Council of
the City of Phoenix, or any court, any objections to the exercise of this right or disqualification by reason of
real or apparent conflict of interest as determined by the City.
14. RESOLUTION OF DISPUTES
In the event of any dispute, claim, question, or disagreement arising from or relating to this Agreement, or the
breach thereof, the City and the County, hereto, shall use reasonable efforts to settle the dispute, claim,
question, or disagreement. Any dispute concerning a question of fact arising under the Agreement which
cannot be resolved by the assigned Neighborhood Services Department staff and the County shall be
decided by the Neighborhood Services Director who shall render a decision in writing and mail or otherwise
furnish a copy thereof to the County. The County shall be afforded an opportunity to present its position to
the Neighborhood Services Director. Pending resolution of a dispute, the County shall proceed diligently with
the performance of the Agreement and in accordance with the Neighborhood Services Director's decision.
Provided no notice of termination of this Agreement has been given by the City or the County to any of the
others, if it is feasible under the terms of this Agreement, the City and County shall continue to perform the
obligations not related to the dispute required of it during the resolution of such dispute, unless enjoined or
prohibited by a court of competent jurisdiction.
15. COMPLIANCE WITH LAWS
The City and County will comply with all existing and subsequently enacted federal, state and local laws,
ordinances, codes, and regulations that are, or become applicable to this Agreement. If a subsequently
enacted law imposes substantial additional costs on the City or County, a request for an amendment may
be submitted pursuant to this Agreement.
16. DELAY IN EXERCISING AGREEMENT REMEDY
Failure to exercise any right, power or privilege under this Agreement shall not operate as a waiver thereof,
nor shall a single or partial exercise thereof preclude any other or further exercise of that or any other right,
power or privilege.
17. ASSIGNMENT OF AGREEMENT
This Agreement shall not be assigned in whole or in part without the City's prior written consent.
18. PAYMENT DEDUCTION OFFSET PROVISION
The County recognizes the provisions of the City Code of the City of Phoenix which require and demand that
no payment be made to any County as long as there is any outstanding obligation due the City and direct that
any such obligation be offset against payment due the County.
19. FUND APPROPRIATION CONTINGENCY
The County recognizes that this Amendment shall commence upon the day first provided and continue in full
force and effect until termination in accordance with its provisions. The County and the City herein recognize
that the continuation of this Agreement after the close of any given fiscal year of the City of Phoenix, which
fiscal years end on June 30 of each year, shall be subject to the approval of the budget of the City of Phoenix
providing for or covering such contract item as an expenditure therein. The City does not represent that said
budget item will be actually adopted, said determination being the determination of the City Council at the
time of the adoption of the budget.
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20. CANCELLATION FOR NON-APPROPRIATIONS
The County and the City recognize that this Agreement may depend upon appropriation of funds. If the
County or the City fails to appropriate the necessary funds, or if the appropriation for this Agreement is
reduced during the fiscal year, the affected Party may reduce the scope of this Agreement, if appropriate, or
cancel this Agreement without further duty or obligation. The County and the City will notify each other as
soon as reasonably possible after the affected Party(ies) know(s) of the loss of funds.
21. CITY AUDIT OF COUNTY RECORDS
The County agrees to retain all records relating to this Agreement and make them available for inspection
and audit by the City or its representative upon request.
The City reserves the right, at reasonable times, to audit all books, accounts, reports, files and other
records relative to the performance of service under this Agreement. All records pertaining to this
Agreement will be kept on a generally accepted accounting basis for a period of five years following
termination of the Agreement.
If records relate to disputes, litigation, or settlement of claims arising out of performance of this Agreement,
all applicable records must be retained until final resolution. Records include but are not limited to invoices,
contracts, cancelled checks, bank statements, journals, ledgers and accounting records whether prepared
manually or electronic, whether existing in physical or electronic form. If said records exist in electronic form,
it is incumbent upon the County to maintain a means of transferring said records to hardcopy form.
If, following an audit of this Agreement, the audit discloses the County has provided false, misleading, or
inaccurate cost and pricing data, and the cost discrepancies exceed 1% of the total Agreement billings,
the County will be liable for reimbursement of the reasonable, actual cost of the audit.
22. AUDIT REQUIREMENTS
As the County is a State or Local Government, the County will arrange to have this Agreement audited in
accordance with OMB Circular A-128. The County will insure that the auditor lists in the Schedule of Federal
Awards the expenditures that were expended to this Agreement. A separate schedule should be attached
detailing program income for each contract. The audit report will be issued within a reasonable time after the
end of the County's fiscal year, but not later than six months after the expiration date of this Agreement. In
the event, however, that this Agreement extends beyond the end of the County's fiscal year, each portion of
this Agreement will be audited as a part of the year to which it adheres. However, this Agreement in total
must be audited not later than six months after the County's fiscal year in which this Agreement terminates.
One copy of the audit report shall be submitted to the City upon completion.
23. ACCOUNTING
All accounting practices will be in conformance with generally accepted accounting principles (GAAP).
Separate accountability must be maintained for City funds (i.e., City funds should not be commingled with
other funds).
24. PROCUREMENT
Purchases by County will be made in compliance with the Maricopa County Procurement Code. The County
must spend City funds in a way that will serve the public interest and honor the public trust.
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25. GRATUITIES
The City may, by written notice to the County, terminate the right of the County to proceed under this
Agreement upon one (1) calendar day notice, if it is found that gratuities in the form of entertainment, gifts, or
otherwise were offered or given by the County, or any agent or representative of the County, to any officer or
employee of the City with a view toward securing this Agreement or securing favorable treatment with respect
to the awarding or amending, or the making of any determinations with respect to the performance of this
Agreement; provided that the existence of the facts upon which the City makes such funds available shall be
an issue and may be reviewed in any competent court. In the event of such termination, the City shall be
entitled to pursue the same remedies against the County as the City could pursue in the event of default by
the County.
26. CLIENT FEES AND PROGRAM INCOME
Unless mandated by controlling law, the County shall impose no fees or charges of any kind upon recipients
of Agreement services. Any program income generated and received by the County as a result of contract
services shall be disposed of as provided by law and reported in accordance with applicable policies and
procedures.
27. PROFESSIONAL STANDARDS AND LEVELS OF SERVICE
The County shall deliver Agreement services in a humane and respectful manner, and in accordance with
any and all applicable professional accreditation standards. The County shall obtain and maintain all
applicable licenses, permits and authority required to provide agreement services.
28. CONFIDENTIALITY AND DATA SECURITY
A. All data, regardless of form, including originals, images and reproductions, prepared by,
obtained by, or transmitted to County in connection with this Agreement is confidential,
proprietary information owned by the City. Except as specifically provided in this Agreement,
the County will not disclose data generated in the performance of the Services to any third
party without the prior written consent of the City Manager, or his/her designee.
B. Personal identifying information, financial account information, or restricted City information,
whether electronic format or hard copy, must be secured and protected at all times to avoid
unauthorized access. At a minimum, County must encrypt and/or password-protect electronic
files. This includes data saved to laptop computers, computerized devices or removable
storage devices. When personal identifying information, financial account information, or
restricted City information, regardless of its format, is no longer necessary, the information
must be redacted or destroyed through appropriate and secure methods that ensure the
information cannot be viewed, accessed, or reconstructed.
C. In the event that data collected or obtained by the County in connection with this Agreement is
believed to have been compromised, County will notify the City Privacy Officer immediately.
County agrees to reimburse the City for any costs incurred by the City to investigate potential
breaches of this data and, where applicable, the cost of notifying individuals who may be
impacted by the breach.
D. County agrees that the requirements of this Section will be incorporated into all
subcontract/subcontractor agreements entered into by the County. It is further agreed that a
violation of this Section will be deemed to cause irreparable harm that justifies injunctive relief
in court. A violation of this Section may result in immediate termination of this Agreement
without notice.
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E. The obligations of County under this Section will survive the termination of this Agreement.
29. REPORTING REQUIREMENTS
The County shall comply with the reporting requirements as set forth in Part B. Failure to submit accurate and
complete reports according to the terms set forth in Part B may result, at the option of the City, in forfeiture of
right to payment.
No later than the 45" day following the termination of this Agreement, the County shall submit to the City a
final program and fiscal report. Failure to submit the final program and fiscal report within the above time
period may result, at the option of the City, in forfeiture of right to final payment.
30. SUPPORTING DOCUMENTS AND INFORMATION
In addition to any documents, reports or information required by any other section of this Agreement, the
County shall furnish the City with any additional documents and information upon reasonable request.
31. IDENTIFICATION OF FUNDING AND COPYRIGHTS
All advertisements, publications and printed materials which are produced by the County and refer to
agreement services shall state that such services are funded under this Agreement with the City and where
Federal and/or State funds are involved, state by reference the specific funding source.
The County shall not copyright any materials or products developed through the Agreement services or the
Agreement expenditures without prior written approval by the City. Upon approval, the City shall have a
non-exclusive and irrevocable license to reproduce, publish or otherwise use or authorize the use of any
copyrighted material.
32. PAYMENT
Upon receipt by the City of a properly executed and documented request for payment, the City will authorize
payment in accordance with the budget as set forth in Part C, Section 2. The format and detail of the
documents required for requesting payment shall be mutually agreed upon by both parties. If the County is in
any manner in default in the performance of any obligation under this Agreement, or if audit exceptions are
identified, the City may, at its option and in addition to other available remedies, either adjust the amount of
payment or withhold payment until satisfactory resolution of the default or exception.
Under no circumstances will the City authorize payment to the County that exceeds the reimbursement
ceiling contained within Part C, Section 2 without an amendment to this Agreement in accordance with Part
A, Section 38, "Amendment of Agreement", nor will the City authorize final payment to the County until after
receipt of final reports in accordance with Part A, Section 29, "Reporting Requirements." In any event, the
City will pay the amount billed, so long as the payment does not bring the total amount paid overall to more
than 90% of the agreement amount, unless all of the work has been completed and accepted by the City.
Payment is subject to the City of Phoenix net 30 payment terms.
33. PAYMENT RECOUPMENT
The County must reimburse the City upon demand or the City may deduct from future payments for the
same agreement period the following:
A. Any amounts received by the County from the City for agreement services which have been
inaccurately reported or are found to be unsubstantiated due to a lack of source documents
and invoices.

Any amounts paid by the County to a subcontractor not authorized in writing by the City.
C. Any amount or benefit paid directly or indirectly to an individual or organization as specified
in Part A, Paragraph 13, "Conflict of Interest".
D. Any amounts expended for items or purposes not outlined in Part C, Statement of Work,
unless approved by the City in writing.
E. Any amounts paid by the City for which the County's books, records, and other documents are
not sufficient to clearly substantiate that those amounts were used by the County to perform
Agreement services as described in Part C, Statement of Work.
F. Any amount identified as a financial audit exception.
34. RATE OR BUDGET CERTIFICATION
The County certifies relative to the Budget set forth in Part C, Section 2 that: (a) the information which was
provided to the City by the County for use as a basis in approving the budget or rate is accurate; (b) similar
types of costs were accorded consistent accounting treatment in the development of Part C; and (c) no costs
are included as both direct and indirect costs. The County certifies that funds received under this Agreement
will be expended to achieve the purposes of this Agreement and to meet costs defined as allowable in
applicable federal or state laws, rules, regulations and guidelines.
35. BUDGET REDUCTION
The City may reduce or terminate this Agreement without further recourse, obligation or penalty in the event
that insufficient amounts are appropriated by the City, State or Federal Government and/or other funding
source for the purposes of this Agreement or in the event that appropriated amounts are reduced or
eliminated by the City, State or Federal Government and/or other funding source during the term of this
Agreement. Services actually performed before notice of termination is received will be paid for upon
termination of this Agreement for loss of funding.
36. PREDECESSOR AND SUCCESSOR AGREEMENTS
The execution or termination of this Agreement shall not be considered a waiver by the City of any and all
rights it may have for damages suffered through a breach of this or a prior agreement with the County. The
City has no obligation to renew this Agreement.
37. AGREEMENT CANCELLATION
A. Termination of Agreement - City. The City may, by giving 15 days written notice specifying the
effective date, terminate or suspend the Contract in whole or in part for any of the following
causes or as provided for in other sections of Part A:
1. Failure, for any reason, of the County to fulfill in a timely and proper manner the obligations
under this Agreement, including compliance with the Statement of Work, and/or Budget
Considerations, or compliance with federal, state, and/or local laws;
2. Failure of the County to submit reports or the consistent furnishing of incorrect or incomplete
reports or records;
3. Ineffective or improper use of funds provided under this Agreement.
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4. The City may, by giving 60 days written notice, specifying the effective date, terminate this
Agreement without cause.
B. Termination of Agreement - County. The County may, by giving 60 days written notice to the City
specifying the effective date, terminate this Agreement in whole or in part
C. In addition to the foregoing, both parties acknowledge that this Agreement is subject to
cancellation by either party pursuant to the provisions of Section 38-511, Arizona Revised
Statutes.
38, AMENDMENT OF AGREEMENT
Any amendment to this Agreement shall be in writing and agreed to and signed by both parties. Any change
to this Agreement shall be carried out in accordance with amendment policies and procedures promulgated
by the City, including the following:
A. A written amendment signed by both parties to this Agreement shall be required for every
standard purpose listed below and for all other purposes except those listed in paragraph B of this
section:
i. Whenever there is a change in the reimbursement ceiling.
H. Whenever the term of this Agreement is extended and whenever the term is reduced without
terminating the Agreement.
Hi. Whenever there are a change in Agreement services, the service delivery methodology, or
the level of service as set forth in Parts B or C.
ix. Except where the Special Provisions provide otherwise, in Cost Reimbursement or Unit Fee
agreements, whenever there is a change in the Part C budget categories of personnel,
employee related expenses, equipment or space. In all Cost Reimbursement and Unit Fee
Contracts whenever any other budget category is increased or decreased by an amount equal
to or greater than 10% during the term of this agreement.
v. For any other change in the terms and conditions of this agreement which the City deems
substantial.
B. Paragraph A above notwithstanding, the County shall give notice to the City of any
non-material alteration that affects either programmatic or financial provisions of this Agreement as
set forth in Parts B or C. Non-material alterations that do not require a written amendment are as
follows:
1. Change of address.
2. Change of telephone number.
3. Change of County Authorized Signatory or his/her designee.
4. Changes in the name and/or address of the person to who notices are to be sent.
5. Changes in Agreement related personnel positions of the County which do not affect staffing
ratios or staff qualifications required under this Agreement.
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6. Change in the name of the County where the ownership of the County remains the same.
7. In Cost Reimbursement or Unit Fee Contracts, whenever there is less than a 10% increase
or decrease in any budget category other than personnel, employee related expenses,
equipment or space; and whenever the Special Provisions state that a change of less than
10% in personnel, employee related expenses, equipment or space does not require a
written amendment.
39. NO ORAL ALTERATIONS
No alteration or variation of the terms of this Agreement will be binding on the parties herein unless such
alteration or variation is in writing and signed by each of the parties to this Agreement. No oral
understanding or agreement not incorporated in this Agreement will be binding on any of the parties
herein.
40, NOTICES
Any notice, consent or other communication ("Notice") required or permitted under this Agreement will be
in writing and either: (1) delivered in person; (2) sent via e-mail, return receipt requested; (3) sent via
facsimile transmission; (4) deposited with any commercial air courier or express delivery service; or (6)
deposited in the United States mail, postage prepaid.
Notice will be deemed received: (1) at the time it is personally served; (2) on the day it is sent via e-mail;
(3) on the day it is sent by facsimile transmission; (4) on the second day after its deposit with any
commercial air courier or express delivery service; or (5) five business days after the Notice is deposited
in the United States mail as above provided. Any time period stated in a Notice will be computed from the
time the Notice is deemed received.
Notices sent by e-mail and facsimile transmission will also be sent by regular mail to the recipient at the
above address. This requirement for duplicate Notice is not intended to change the effective date of the
Notice sent by e-mail or facsimile transmission. Notices shall be addressed as follows:
If to City: Chris Hallett, Director
Neighborhood Services Department
200 W. Washington Street, 4 th Floor
Phoenix, AZ 80003
If to County: Tracy Sloat, Nurse Manager
Office of Family Health
4041 N. Central Avenue, Ste 700
Phoenix, AZ 85012
41. CONTRACTOR AND SUBCONTRACTOR BACKGROUND SCREENING
A. Contract Worker Background Screening. The County agrees that all contract workers
and subcontractors (collectively "Contract Worker(s)") that the County furnishes to the City
pursuant to this Contract shall be subject to background and security checks and screening
(collectively "Background Screening'') at the County's sole cost and expense as set forth in this
Section. The Background Screening provided by the County shall comply with all applicable laws,
rules and regulations. The County further agrees that the Background Screening required in this
Section is necessary to preserve and protect public health, safety and welfare. The Background
Screening requirements set forth in this Section are the minimum requirements for this
Agreement. The City in no way warrants that these minimum requirements are sufficient to
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protect the County from any liabilities that may arise out of the County's services under this
Contract or the County's failure to comply with this Section. Therefore, in addition to the specific
measures set forth below, the County and its Contract Workers shall take such other reasonable,
prudent and necessary measures to further preserve and protect public health, safety and welfare
when providing services under this Agreement.
B. Background Screening Requirements and Criteria. Because of the varied types of
services performed, the City has established three levels of risk and associated Background
Screening. The risk level and Background Screening required for this Agreement is Maximum
Risk.
Minimum Risk and Background Screening ("Minimum Risk")
A minimum risk Background Screening shall be performed when the information systems;
or (ii) will not work with vulnerable adults or children; or (iii) when access to City facilities
is escorted by City workers. The Background Screening for minimum risk shall consist of
the screening required by Arizona Revised Statutes §§ 41-4401 and following to verify
legal Arizona worker status.
Standard Risk and Background Screening ("Standard Risk")
A standard risk Background Screening shall be performed when the Contract Worker's
work assignment will: (i) require a badge or key for access to City facilities; or (H) allow
any access to sensitive, confidential records, personal identifying information or restricted
City information; or (iii) allow unescorted access to City facilities during normal and non-
business hours. The Background Screening for this standard risk level shall include the
Background Screening required for the Minimum Risk level and a background check for
real identity/legal name, and shall include felony and misdemeanor records from any
county in the United States, the state of Arizona, plus any other jurisdiction where the
Contract Worker has lived at any time in the preceding seven (7) years from the Contract
Worker's proposed date of hire.
Maximum Risk and Background Screening ("Maximum Risk")
A maximum risk Background Screening shall be performed when the Contract Worker's
work assignment will: (i) have any contact with vulnerable people such as children, youth,
elderly, or individuals with disabilities; or (ii) have any responsibility for the receipt or
payment of City funds or control of inventories, assets, or records that are at risk of
misappropriation; or (iii) have unescorted access to City data centers, money rooms, or
high-value equipment rooms; or (iv) have access to private residences; or (v) have
access to Homeland Defense Bureau identified critical infrastructure sites/facilities. The
Background Screening for this maximum risk level shall include the Background
Screening required for the Standard Risk level, plus a sexual offender search, a credit
check, and driving record search for the preceding seven (7) years from the Contract
Worker's proposed date of hire. Contract Workers who work directly with children or
vulnerable adults are also subject to fingerprint verification through the Arizona
Department of Public Safety as mandated by Phoenix City Code, § 2-45.6.
C. Contractor Certification; City Approval of Maximum Risk Background Screening. By
executing this Contract, the County certifies and warrants that the County has read the
Background Screening requirements and criteria in this Section, understands them and that all
Background Screening information furnished to the City is accurate and current. Also, by
executing this Contract, the County further certifies and warrants that the County has satisfied all
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such Background Screening requirements for the Minimum Risk and Standard Risk Background
Screenings as required. In addition, for Maximum Risk Background Screening, the County shall
furnish to Laura Smith, Neighborhood Services Dept. for the City's review and approval such
Background Screenings for any Contract Worker considered for performing services under this
Contract where human safety or facility security is classified as a Maximum Risk level. The
subject Contract Worker shall not apply for the appropriate City of Phoenix identification and
access badge or keys until the County has received the City's written acceptance of the subject
Contract Worker's Maximum Risk Background Screening. The City may, in its sole discretion,
accept or reject any or all of the Contract Workers proposed by the County for performing work
under this Contract. A Contract Worker rejected for work at a Maximum Risk level under this
Contract shall not be proposed to perform work under other City contracts or engagements
without City's prior written approval.
D. Terms of This Section Applicable to all of the County's Contracts and Subcontracts. The
County shall include the terms of this Section for Contract Worker Background Screening in all
contracts and subcontracts for services furnished under this Contract including, but not limited to,
supervision and oversight services.
E. Materiality of Background Screening Requirements; Indemnity. The Background
Screening requirements of this Section are material to City's entry into this Contract and any
breach of this Section by the County shall be deemed a material breach of this Contract. In
addition to the indemnity provisions set forth in Item 6 of this Contract, the County shall defend,
indemnify and hold harmless the City for any and all Claims (as defined in Item 6) arising out of
this Background Screening Section including, but not limited to, the disqualification of a Contract
Worker by the County or the City for failure to satisfy this Section.
F. Continuing Duty; Audit. The County's obligations and requirements that Contract Workers
satisfy this Background Screening Section shall continue throughout the entire term of this
Contract. The County shall notify the City immediately of any change to a Maximum Risk
Background Screening of a Contract Worker previously approved by the City. The County shall
maintain all records and documents related to all Background Screenings and the City reserves
the right to audit the County's compliance with this Section pursuant to Paragraph 21.
PART B
SPECIAL PROVISIONS
1. Modifications of, or exclusions from, Part A, General Provisions
A. Reporting Requirements
All of the provisions of this Section shall apply except that counties who deliver contract
services through one or more subcontractors as specified in Part C shall submit
programmatic and financial reports to the City no later than the 25th day following the end of
each month or the end of each other applicable reporting period during the term of this
Agreement. Such Counties shall submit final program and fiscal reports no later than the 60th
day following termination of this Agreement. The County shall provide an invoice for services
provided by the County and a match report at least by the 10 111 of the month following the end
of each calendar quarter.
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2. Additional Provisions
A. Certification of Drug-Free Workplace (Federal funds only)
B. Certification of Non-Debarment, Suspension, Ineligibility, and Voluntary Exclusion (Federal
funds only).
C. Certification regarding Disclosure of Lobbying Activities (Federal funds only).
D. Certification of 501(c) 3 Status (if applicable).
E. Copy of most recent audit.
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EXHIBIT B-1
DRUG-FREE WORKPLACE CERTIFICATION
INSTRUCTIONS FOR DRUG-FREE WORKPLACE CERTIFICATION
A. By signing this Agreement, the County is providing the certification set out below.
B. The certification set out below is a material representation of fact upon which reliance was
placed when the City determined to award this Agreement. If it is later determined that the
County knowingly rendered a false certification or otherwise violates the requirements of the
Drug-Free Workplace Act, the City, in addition to any other remedies available to the Federal
Government, may take action authorized under the Drug-Free Workplace Act.
CERTIFICATION REGARDING DRUG-FREE
WORKPLACE REQUIREMENTS
A. The County certifies that it will provide a drug-free workplace by:
1. Publishing a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession or use of a controlled substance is prohibited in the County's
workplace and specifying the actions that will be taken against employees for violation of
such prohibition;
2. Establishing a drug-free awareness program to inform employee's about--
The dangers of drug abuse in the workplace;
The County's policy of maintaining a drug-free workplace;
Any available drug counseling, rehabilitation, and employee assistance
programs; and
iv. The penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace;
3. Making it a requirement that each employee to be engaged in the performance of this
Agreement be given a copy of the statement required by paragraph A.1.
4. Notifying the employee in the statement required by paragraph A that, as a condition of
employment under this Contract, the employee
Abide by the terms of the statement; and
Notify the employer of any criminal drug statute conviction for a violation
occurring in the workplace no later than five days after such conviction;
5. Notifying the County within ten days after receiving notice under subparagraph 4.ii from an
employee or otherwise receiving actual notice of such conviction;
6. Taking one of the following actions, within 30 days of receiving notice under subparagraph
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4.b., with respect to any employee who is so convicted--
Taking appropriate personnel action against such an employee, up to and
including termination; or
Requiring such employee to participate satisfactorily in a drug-abuse
assistance or rehabilitation program approved for such purposes by a
Federal, State, or local health, law enforcement, or other appropriate
agency;
7. Making a good faith effort to continue to maintain a drug-free workplace through
implementation of paragraphs 1, 2, 3, 4, 5, and 6.
B. The County shall insert in the space provided below the site(s) for the performance of work done
in connection with the specific agreement.
PLACE OF PERFORMANCE (STREET ADDRESS, CITY, COUNTY, STATE, ZIP CODE)
Maricopa County Department of Public Health Services
4041 N. Central Avenue, Suite 700
Phoenix, AZ 85012
Certifying Official Date
ATTEST:
Clerk of the Board Date
[REMAINDER OF PAGE LEFT BLANK]
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EXHIBIT B-2
CERTIFICATION REGARDING
DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION
LOWER TIER COVERED TRANSACTIONS
This certification is required by the regulations implementing Executive Order 12549, Debarment and
Suspension, 34 CFR Part 85, Section 85.510, Participants' responsibilities. The regulations were published
as Part VII of the May 26, 1988 Federal Register (pages 19159-19211). Copies of the regulations may be
obtained by contacting the person to whom this proposal is submitted.
A. The County certifies, by signing this Agreement that neither it nor its principals are presently
debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any Federal department or agency.
B. If the County is unable to certify to any of the statements in this certification, the County shall
attach an explanation to this proposal.
Name and Title of Authorized Representative
Signature Date
ATTEST:
Clerk of the Board Date
[REMAINDER OF PAGE LEFT BLANK]
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CERTIFICATION REGARDING
DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION
LOWER TIER COVERED TRANSACTIONS
INSTRUCTIONS FOR CERTIFICATION
1. By signing and submitting this Agreement, the County, as a lower tier participant, is providing the
certification set out below.
2. The certification in this clause is a material representation of fact upon which reliance was placed
when this transaction was entered into. If it is later determined that the County knowingly rendered
an erroneous certification, in addition to other remedies available to the Federal Government, the
City with which this transaction originated may pursue available remedies, including suspension
and/or debarment.
3. The County shall provide immediate written notice to the City at any time the County learns that its
certification was erroneous when submitted or has become erroneous by reason of changed
circumstances.
4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered
transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and
"voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and
Coverage sections of rules implementing Presidential Executive Order 12549. The County may
contact the City for assistance in obtaining a copy of those regulations.
5. The County agrees by signing this Agreement that, it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this Agreement, unless authorized by the City.
6. The County further agrees by signing this Agreement that it will include the clause titled ''Certification
Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion - Lower Tier Covered
Transactions," without modification, in all lower tier covered transactions and in all solicitations for
lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a
lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from
the covered transaction, unless it knows that the certification is erroneous. A participant may decide
the method and frequency by which it determines the eligibility of its principals. Each participant
may, but is not required to, check the Non-procurement List.
8. Nothing contained in the forgoing shall be construed to require establishment of a system of records
in order to render in good faith the certification required by this clause. The knowledge and
information of a participant is not required to exceed that which is normally possessed by a prudent
person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who is
suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in
addition to other remedies available to the Federal Government, the department or agency with
which this transaction originated may pursue available remedies, including suspension and/or
debarment.
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EXHIBIT B-3
CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal grant,
the making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement.
(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
this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and
submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions.
(3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by Section 1352, Title 31. U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
such failure.
APPLICANT ORGANIZATION
NAME AND TITLE OF AUTHORIZED REPRESENTATIVE
SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL DATE
ATTEST:
Clerk of the Board DATE
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PART C
SECTION 1
STATEMENT OF WORK
COMPLIANCE WITH APPROVED WORK PROGRAM
All activities authorized under this Agreement will be performed in accordance with the approved work plan.
Any shift of funds between budget categories and/or funding sources involving City funds, above 10% of the
contract amount, requires prior written request from the County and written approval by the City.
WORK TO BE PERFORMED
The County shall in a satisfactory manner, as determined by the City, provide the following program services
and administrative support for the City of Phoenix Lead-Based Paint Hazard Control Program Grant (the
"Lead Grant Program").
1. Testing of Children for Lead Poisoning and Case Management
• The County will arrange for children under the age of 6 years old living in housing units enrolled in the
Lead Grant Program to have their blood tested for lead. Voluntary parental consent will be obtained
in writing prior to the testing process. Children under 6 years old will be tested before lead hazard
control work begins and after it is completed.
• The County will arrange for the results of the blood lead test to be given to the parents or caretakers of
the children involved.
• The County will provide case management for all children identified with an elevated blood lead level,
including referral to medical and social services, follow-up testing, and education.
• The City will receive timely information from the County regarding the results of all blood lead tests
given to children under the age of 6 living in housing units enrolled in the Lead Grant program.
• The County will report all elevated blood lead levels to the Arizona Department of Health Services, as
required by law.
• The County will assist in the development and maintenance of a quality control program for the
collection, handling, and analysis of blood samples.
2. Educational Intervention and Referrals
The County will provide the educational intervention developed in prior funding cycles of the Lead Grant
Program to families enrolled in the Lead Grant program. This intervention will be linguistically appropriate
and culturally sensitive. Families will be provided lead poisoning prevention education at the time of the
initial blood draw before lead hazard control work begins.
The County will facilitate referrals for enrollment of high-risk infants and children from various programs
offered by the Maricopa County Department of Public Health's Office of Family Health.
The County will provide appropriate lead poisoning information in Spanish and English to expectant
mothers through the County's prenatal programs and promote the Baby Be Lead Safe Initiative to facilitate
increased lead poisoning prevention awareness.
21

The County will incorporate Healthy Homes concepts into the health education component of the home visit
using the Pediatric Environmental Home Assessment tool and Nursing Care Plan. The approach will
include conducting home assessments, assessing the health of children in the home, and providing healthy
homes education and referral services for each household.
The County will provide supportive medical, social and other service referrals as needed by enrolled
families.
3. Data Gathering
The County will actively participate in data gathering activities appropriate to this Statement of Work,
including submission of quarterly work products and reports.
4. Public Education
County staff will assist with grass roots level public education on childhood lead poisoning prevention and
Healthy Homes concepts to small neighborhood and parent groups and at community events, which may
be conducted on evenings and weekends, as allowable within the constraints of the budget. County staff
will assist with four events during the grant period, providing lead and healthy homes information to
community residents.
5. Management and Work Plan
The County will assist the City in developing a detailed management and work plan that is acceptable to
HUD's Office of Lead Hazard Control and Healthy Homes. These plans will outline procedures, schedules,
resources, and other necessary details needed to implement the Lead Grant program. Any changes in
procedure will be documented in the Lead Grant Program's written procedures.
The County will participate in case review meetings to coordinate, customize and improve services to
families enrolled in the lead program.
PAYMENT AND REPORTS
1. The County, when requesting payment, shall submit an invoice to the City, which is organized according to
the budget categories as listed in this Agreement (see Part C, Section 2). The statements shall be certified
by an officer of the County attesting to the accuracy, completeness, and fair presentation of the financial
condition and results to the City. The County will submit monthly invoices for services performed by the 15 1b
of the following month. The requested monthly invoice payment cannot bring the total amount paid overall to
more than 90% of the contract amount, unless all of the work has been completed and accepted by the City.
In the month following the calendar quarter, the invoice must be submitted by the 10 1h, along with a report
documenting any matching funds and/or in-kind services taking place during the reporting quarter. Also by
the 10th of the month following each calendar quarter, the County must provide information pertinent to the
County's role in the grant program to the Project Manager by completing and submitting an information form
provided by the Lead Grant Program. All statements against this Agreement should be submitted to the City
of Phoenix no later than 45 days following the termination of this Agreement. Time sheets must be kept for
all staff at less than 1.0 FTE, demonstrating that the committed time is being used for the conduct of the
Lead Grant Program.
All accounting and reporting should be in compliance with generally accepted accounting principles, or
GAAP. If a regulatory basis is used, this basis should be disclosed.
22

2. The County shall submit all required reports, forms, etc., to the City, Lead Hazard Control Program Project
Manager, Neighborhood Services Department, including:
A. All data as required by the City; Data will be provided on the approved forms and in the approved
format.
B. All receipts, correspondence and other material relating to the expenditure of funds under this
Agreement shall be kept on file for a period of five (5) years from the end of the funding period, and
made available to City staff or representatives of the City upon reasonable request
PART C
SECTION 2
BUDGET AND/OR CONSIDERATION
1. The City shall pay the County a maximum of: Two Hundred Forty-Three Thousand Eight Hundred Forty-
Four DOLLARS ($243,844) for the period January 1, 2018 through December 31, 2020, subject to
availability of funds for the Lead Hazard Contra Grant. This funding is awarded from the U.S.
Department of Housing and Urban Development, Office of Lead Hazard Control and Healthy Homes.
2. Funds shall be expended in the following budget categories:
Personnel (0.6 FTE for total grant period)
FTE $153,257
Benefits 63,549
Travel 1,870
Supplies 1,785
Laboratory 1 215
Subtotal $221,676
Indirect Costs (10.0%) 22 168
Total Grant Funds $243,844
In-Kind Funds (MCDPH-General Fund)
Nurse Manager .10 FTE $28,911
Finance Manager .25 15,204
Administrative Support .08 FTE 11,001
Data Support .03 FTE 4,584
Fringe Benefits 19,701
Rent 4,494
Discounted lab fee 810
$84,705
Indirect Costs (15.7%) 13,299
Total Funds $98,004
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The County certifies relative to the contract rate or budget that the information which was provided to the City
for use as a basis in approving the budget or rate is accurate and that no costs are included as both direct
and indirect costs (if indirect costs are allowed). The County certifies that funds received under this
Agreement will be expended to achieve the purposes of this Agreement and to meet costs defined as
allowable in applicable federal or state laws, rules, regulations, and guidelines.
1. Expenditures shall be reimbursed on a cost incurred basis as outlined in Part A-34. Indirect costs will be
paid as a percentage of the total of each month's expenditures.
2. Title to all capital and equipment purchased with City funds under this Agreement remains with the City.
Upon termination of the Agreement, continued use of such equipment by the County shall be at the
discretion of the City.
3. The County may solicit additional donations for additional expenditures necessary to operate the Lead
Grant Program. Such donations, whether cash, goods or services shall be reported on the monthly
expenditure report.
4. The City of Phoenix will provide payments for services rendered by the County upon completion of the
work described in Part C, Section 1, and after receipt of an invoice. In any event, the City will pay the
amount billed, so long as the payment does not bring the total amount paid overall to more than 90% of
the agreement amount, unless all of the work has been completed and accepted by the City. Payments
are subject to the City of Phoenix net 30 payment terms.
5. The County shall submit such written and/or financial reports as required by this Agreement. Failure to
submit such reports may result in withholding of funds until requirements are met or the agreement may
be terminated.
THIS SECTION INTENTIONALLY LEFT BLANK
SIGNATURE PAGE FOLLOWS
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
City of Phoenix Maricopa County Board of Supervisors
Ed Zuercher, City Manager Denny Barney, Chairman of the Board
Denny Barney, Chairman Date
ATTEST: ATTEST:
Signature Date Fran McCarroll, Date
City Clerk Clerk of the Board
City of Phoenix Neighborhood Services Department
By: Chris Hallett, Director Date
APPROVED BY CITY COUNCIL:
DATE: January 11,2017
ATTORNEY DETERMINATION
In accordance with the requirement of A.R.S. §11-952(D), each of the undersigned attorneys acknowledge
that (1) they have reviewed the above Agreement on behalf of their respective client(s) and (2) as to their
respective client(s) only, each attorney has determined that this Agreement is in proper form and is within the
powers and authority granted under the laws of the State of Arizona.
APPROVED AS TO FORM: APPROVED AS TO FORM:
Deputy County Attorney Date
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