IGA RE LEAD HAZARD PRGM WITH CITY OF PHX.PDF

C-86-15-095-3-00

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 attached hereto and by this
reference made a part hereof.
2. TERM OF CONTRACT
This Contract 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 Contract shall remain
in effect until November 30, 2017.
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 Contract. The County agrees to
submit to the City activity reports as set forth in Parts B and/or 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 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
i. 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.
Any supplier/lessee in performing under this Contract 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 and/or 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. 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 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 contract.
Supplier/lessee further agrees that this clause will be
incorporated in all subcontracts, job-consultant agreements or
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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.
Suppliers and lessees may be required to provide additional
documentation to the Equal Opportunity Department affirming that a
nondiscriminatory policy is being utilized.
iv. The Equal Opportunity Department shall monitor the employment
policies and practices of suppliers and lessees subject to this
article as deemed necessary. The Equal Opportunity Department is
authorized to conduct on-site compliance reviews of selected
firms, which may include an audit of personnel and payroll
records, if necessary.
D. 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.
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 Contract, act in compliance
with the City's contract with the U.S. Department of Housing and Urban
Development's Office of Healthy Homes and Lead Hazard Control. Copies of
the contract may be obtained by contacting the person to whom this
proposal is submitted.
G. Legal Worker Requirements: As mandated by Arizona Revised Statutes 41-
4401, the City of Phoenix is prohibited after September 30, 2008 from
awarding a contract to any contractor who fails, or whose subcontractors
fail, to comply with Arizona Revised Statute 23-214-A. That statute
requires that employers verify the employment eligibility of their
employees through the federal E-verify system. An "employer" is an
independent contractor, a self-employed person, the State of Arizona or
any of its political subdivisions, or any individual or type of
organization that transacts business in the State of Arizona, or that has
a license issued by an agency in the state and that employs one or more
employees in the State. (See A.R.S. 23-211) Therefore, in signing or
performing this Contract, the County fully understands that:
1. It warrants that both it and any subcontractors it may use comply
with all federal immigration laws and with A.R.S. 23-214-A;
Any breach of that warranty is material and is subject to
penalties up to and including immediate termination of the
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contract; and
City Of Phoenix or its designee is authorized by law to randomly
inspect the records relating to an employee of the County or any of
its subcontractors who works on the contract to ensure compliance
with the warranty made in paragraph G.i above.
H. 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,
5. 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. 75-5 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.
6. INDEMNIFICATION
Each party (as 'Indemnitor") agrees to indemnify, defend, and hold harmless
the other party (as "Indemniteeff) from and against any and all claims, losses,
liability, costs, or expenses (including reasonable attorney's fees)
(hereinafter collectively referred to as "Claims') arising out of bodily
injury of any person (including death) or property damage, but only to the
extent that such Claims which result in vicarious/derivative liability to the
Indemnitee are caused by the act, omission, negligence, misconduct, or other
fault of the Indemnitor, its officers, officials, agents, employees, or
volunteers.
7. INSURANCE
A. Insurance Requirements for Governmental Parties to an IGA: None.
B. Insurance Requirements for Any Subcontractors Used by a Party to this
Intergovernmental Agreement: If any part of this Contract 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 Contract shall be made by the Law Department, whose decision
shall be final. Such action will not require a formal Contract
amendment, but may be made by administrative action.
8. BONDING
The Maricopa County Treasurer is authorized to act on behalf of County for the
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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.
9. 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.
10. EMPLOYMENT DISCLAIMER
This Contract 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 Contract.
The parties agree that no individual performing under this Contract 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.
11. COVENANT AGAINST CONTINGENT FEES
The County warrants that no person or selling agent has been employed or
retained to solicit or secure this Contract 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 Contract without
liability or in its discretion to deduct from the commission, brokerage or
contingent fee.
12. 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 proposer submitting a proposal or contractor
herein, waives both any right to 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.
13. RESOLUTION OF DISPUTES
This Contract is not subject to arbitration. Any dispute concerning a question
of fact arising under the Contract 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 Contract and in accordance with the Neighborhood
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Services Director's decision.
14. CONTINUATION DURING DISPUTES
Each party shall continue to perform its obligations as described in this
Contract during the continuation of any dispute, unless prohibited by an
Arizona Court of competent jurisdiction.
15. APPLICABLE LAW
Any and all disputes arising under any contract awarded hereunder or out of the
proposals submitted for this contract, which cannot be administratively
resolved, shall be tried according to the laws of the State of Arizona, and the
County shall agree that the venue for any such action shall be in the State of
Arizona.
16, DELAY IN EXERCISING CONTRACT REMEDY
Failure or delay by either party to exercise any right, power or privilege
shall not be deemed a waiver thereof. Failure to exercise any right, power or
privilege under this Contract 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. INTENTIONALLY OMITTED
18. ASSIGNMENT OF CONTRACT
This Contract shall not be assigned in whole or in part without the City's
prior written consent.
19. 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.
20. FUND APPROPRIATION CONTINGENCY
The County recognizes that this Contract 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 Contract 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.
21. CITY AUDIT OF COUNTY RECORDS
The County must keep all contract records separate and make them available for
audit by City personnel upon request.
During the term of this Contract, financial operations associated with this
contract are subject to audit by the City and by any other appropriate agent of
State or Federal Government at any time within five (5) years after termination
of this Contract. At the discretion of the City, a financial audit will be
performed by the City or its agents, or by a private firm retained for such
purposes by the City or the County. Final financial settlement of this
Contract shall be contingent upon the final audit.
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The County shall preserve and make available to the City or its representative
all records for a period of five years from the date of final payment under the
contract. If records relate to disputes, litigation, or settlement of claims
arising out of performance of this Contract, 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.
22. AUDIT REQUIREMENTS
If the County is a State or Local Government, the County will arrange to have
this Contract 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 Contract. 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 Contract. In
the event, however, that this Contract extends beyond the end of the County's
fiscal year, each portion of this Contract will be audited as a part of the
year to which it adheres. However, this Contract in total must be audited not
later than six months after the County's fiscal year in which this Contract
terminates.
Two copies 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.
25. GRATUITIES
The City may, by written notice to the County, terminate the right of the
County to proceed under this contract 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
Contract or securing favorable treatment with respect to the awarding or
amending, or the making of any determinations with respect to the performance
of this Contract; 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 teLmination, 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 contract 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
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procedures.
27. PROFESSIONAL STANDARDS AND LEVELS OF SERVICE
The County shall deliver contract 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 contract services.
28. CONFIDENTIALITY
A. The City and the County shall observe and abide by all applicable State
and Federal statutes and regulations regarding use or disclosure of
information, including, but not limited to, information concerning applicants
for and recipients of contract services.
B. All data, regardless of form, including originals, images and
reproductions, prepared by, obtained by, or transmitted to the County in
connection with this Contract is confidential, proprietary information owned
by the City. Except as specifically provided in this Contract, the County
shall not disclose data generated in the performance of the contract services
to any third person without the prior written consent of the City Manager, or
City Manager's designee.
C. In the event that data collected or obtained by the County in connection
with this Contract is believed to have been compromised, the County shall
notify the City Privacy Officer immediately. The 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. The County agrees that the requirements of this Section shall be
incorporated into all subcontractor/sub consultant agreements entered into by
the County. It is further agreed that a violation of this Section shall be
deemed to cause irreparable harm that justifies injunctive relief in court. A
violation of this Section may result in immediate termination of this Contract
without notice.
E. The obligations of the County under this Section shall survive the
termination of this Contract.
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 Contract, 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 Contract, 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
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the County and refer to contract services shall state that such services are
funded under this Contract 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
contract services or the contract 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 Contract, 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 without an amendment
to this Contract in accordance with Part A, Section 39, "Amendment of
Contract", 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 contract 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 contract period the following:
A. Any amounts received by the County from the City for contract services
which have been inaccurately reported or are found to be unsubstantiated due to
a lack of source documents and invoices.
B. 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, Section 12, "Conflict of Interest".
D. Any amounts expended for items or purposes not outlined in Part C, The
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 contract services as described in Part C.
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 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 C7 and (c)
no costs are included as both direct and indirect costs. The County certifies
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that funds received under this Contract will be expended to achieve the
purposes of this Contract 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 Contract 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 Contract 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 Contract. Services actually performed before
notice of termination is received will be paid for upon termination of this
Contract for loss of funding.
36. PREDECESSOR AND SUCCESSOR CONTRACTS
The execution or termination of this Contract 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 contract with the County. The City has no obligation
to renew this Contract.
37. CONTRACT CANCELLATION
A. Termination of Contract - 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:
i. Failure, for any reason, of the County to fulfill in a timely and
proper manner the obligations under this Contract, including
compliance with the Statement of Work, or budget considerations, or
compliance with federal, state, and/or local laws;
Failure of the County to submit reports or the consistent
furnishing of incorrect or incomplete reports or records;
Ineffective or improper use of funds provided under this Contract.
iv. The City may, by giving 60 days written notice, specifying the
effective date, terminate this Contract without cause.
B. Termination of Contract - County. The County may, by giving 60 days
written notice to the City specifying the effective date, terminate this
Contract in whole or in part.
C. In addition to the foregoing, both parties acknowledge that this Contract
is subject to cancellation by either party pursuant to the provisions of
Section 38-511, Arizona Revised Statutes.
38. IMMIGRATION REFORM AND CONTROL ACT OF 1986
The County acknowledges the applicability of the Immigration Reform and Control
Act of 1986 (IRCA) to it. The County agrees to comply with IRCA in performing
under this Contract and permit City inspection of personnel records to verify
such compliance.
39. AMENDMENT OF CONTRACT
Any amendment to this Contract shall be in writing and agreed to and signed by
both parties. Any change to this Contract shall be carried out in accordance
with amendment policies and procedures promulgated by the City, including the
following:
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A. A written amendment signed by both parties to this Contract 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.
ii. Whenever the term of this Contract is extended and whenever the term
is reduced without terminating the Contract.
Whenever there is a change in contract services, the service
delivery methodology, or the level of service as set forth in Parts
B or C.
iv. In Fixed Rate and Negotiated Rate contracts, whenever there is a
change in the rate.
V. Except where the Special Provisions provide otherwise, in Cost
Reimbursement or Unit Fee contracts, 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 Contract.
vi. For any other change in the terms and conditions of this Contract
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 Contract as set forth in Parts B or C.
Non-material alterations that do not require a written amendment are as
follows:
i. Change of address.
Change of telephone number.
Change of County Authorized Signatory or his/her designee.
iv. Changes in the name and/or address of the person to who notices are
to be sent.
V. Changes in Contract related personnel positions of the County which
do not affect staffing ratios or staff qualifications required
under this Contract.
vi. Change in the name of the County where the ownership of the County
remains the same.
vii. 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.
40. 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
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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 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.
i. 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 §5
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 (ii) 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
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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 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 Verna Elmer, 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 Section
21.
PART B
SPECIAL PROVISIONS
I. 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 Contract. Such Counties shall submit
final program and fiscal reports no later than the 60th day
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following termination of this Contract. The County shall provide an
invoice for services provided by the County and a match report at
least by the 10th of the month following the end of each calendar
quarter.
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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PART B, EXHIBIT 1
DRUG-FREE WORKPLACE CERTIFICATION
INSTRUCTIONS FOR DRUG-FREE WORKPLACE CERTIFICATION
A. By signing this Contract, 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 Contract. 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 info II
employee's about--
i. The dangers of drug abuse in the workplace;
The County's policy of maintaining a drug-free workplace;
iii. 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 Contract 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 will--
i. 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;
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6. Taking one of the following actions, within 30 days of
receiving notice under subparagraph 4.b., with respect to any
employee who is so convicted--
i. Taking appropriate personnel action against such an
employee, up to and including teLfflination; 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 contract.
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
[REMAINDER OF PAGE LEFT BLANK]
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PART B, EXHIBIT 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 Contract 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
[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 Contract, 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 Contract 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 Contract, unless authorized by the City.
6. The County further agrees by signing this Contract 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.
8

PART B, EXHIBIT 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
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PART C
SECTION 1
STATEMENT OF WORK
COMPLIANCE WITH APPROVED WORK PROGRAM
All activities authorized under this Contract 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 a 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 Lead 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 rounds 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 the 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 in the 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.
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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
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 report.
4. Public Education
The 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 tour 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. 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 Lean Grant
Program's written procedures.
The County will participate in weekly 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 statement to
the City, which is organized according to the budget categories as listed in
this contract (see Part C, Section 2). The statements shall be certified by an
office 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 th 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 th, along with a report
documenting any matching funds and/or in-kind services taking place during the
reporting quarter. Also by the 10 th 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 Contract should be submitted to the City of Phoenix no later than 45 days
following the termination of this contract. Time sheets must be kept for all
staff at less than 1.0 FTF, 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.
2. The County shall submit all required reports, fo no, etc., to the City,
Neighborhood Services Department, including:
21

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 contract shall be kept on file for a
period of 5 years from the end of the funding period, and made available
to the City or representatives of the City upon reasonable request.
PART C
SECTION 2
BUDGET AND/OR CONSIDERATION
I. The City shall pay the County a maximum of three hundred thirty-nine
thousand six hundred thirty-one DOLLARS ($339,631) for the period December 1,
2014 through November 30, 2017, subject to availability of funds for the Lead
Hazard Control Grant. This funding is comprised of funds from the U.S.
Department of Housing and Urban Development, Office of Healthy Homes and Lead
Hazard Control.
Funds shall be expended in the following budget categories.
Personnel
(1.0 FTE for total grant period) $226,817
Benefits 69,643
Travel 5,213
Supplies 4,440
Laboratory 1,960
Subtotal $308,073
Indirect Costs (10.0%) 31,558
Total Grant Funds $339,631
In-Kind Funds (MCDPH-General Fund)
Nurse Manager .10 FTE $28,938
Finance Manager .25 15,203
Administrative Support .08 FTE 11,001
Data Support .03 FTE 4,584
Fringe Benefits 14,125
Rent 4,494
Discounted lab fee 1,248
$79,593
Indirect Costs (4.8%) 18,705
Total Grant Funds $98,298
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 Contract will be expended to achieve the purposes of
this Contract and to meet costs defined as allowable in applicable federal or
state laws, rules, regulations, and guidelines.
III. 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.
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IV. Title to all capital and equipment purchased with City funds under this
Contract remains with the City. Upon termination of the Contract, continued
use of such equipment by the County shall be at the discretion of the City.
V. 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.
VT. 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 contract 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.
VII. The County shall submit such written and/or financial reports as required
by this Contract. Failure to submit such reports may result in withholding of
funds until requirements are met or the contract may be terminated.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
CITY OF PHOENIX, an Arizona municipal corporation
Ed Zuercher, City Manager
By:
Chris Hallett, Director
Neighborhood Services Department
MARICOPA COUNTY, a political subdivision of the State of Arizona
By:
CHAIRMAN, BOARD OF SUPERVISORS DATE
ATTEST:
CLERK OF THE BOARD DATE
CITY CLERK, CITY OF PHOENIX, ARIZONA DATE
APPROVED BY CITY COUNCIL:
DATE:
IN ACCORDANCE WITH A.R.S. 311-952 THIS CONTRACT HAS BEEN REVIEWED BY THE
UNDERSIGNED WHO HAVE DETERMINED THAT THIS CONTRACT IS IN APPROPRIATE FORM AND
WITHI THE POWERS AND AUTHORITY GRANTED TO EACH RESPECTIVE PUBLIC BODY.
2015
This day of , 2015
By:
Deputy Maricopa County Attorney
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