CITY OF TEMPE RE WDD RESOURCE AGREEMENT.PDF
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Page 1 of 19 City of Tempe IGA INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY ADMINISTERED BY ITS HUMAN SERVICES DEPARTMENT AND CITY OF TEMPE Agreement Amount: $52,199.54 Agreement Start Date: July 1, 2025 Agreement Expiration Date: June 30, 2026 Agreement Number: UEI Number: F9Z4MMJKR1X1 1.0 PARTIES This financial Intergovernmental Agreement (“Agreement”) is between the City of Tempe (City) and Maricopa County (County) administered by its Human Services Department, Workforce Development Division (Department) and pertains to Workforce Development services. The County and the City are collectively referred to herein as the “Parties” and individually as the “Party.” The County and the City are authorized to enter into this Agreement under A.R.S. § 11- 952 et seq. 2.0 PURPOSE 2.1 The purpose of this Agreement is to integrate the County’s workforce development system into the City’s social and community services resource network. The Parties’ goal is to support workforce development activities and training efforts that will enable the City’s employers to attract and retain top talent, as well as to provide Community Development Block Grant income eligible adult and youth job seekers with Workforce Innovation and Opportunity Act (WIOA) case-management services. 2.2 This integrated service delivery model will be located at two (2) City facilities: 2.2.1 Escalante Community Center – 2150 East Orange Street, Tempe, AZ 85281 – Youth services 2.2.2 Tempe Public Library – 3500 South Rural Road, Tempe, AZ 85282 2.3 The County shall assign County staff to be located at the locations listed above: 2.3.1 A Workforce Development Youth Career Guidance Specialist; and 2.3.2 A Workforce Development Coordinator 2.3.3 Both the Workforce Development Youth Career Guidance specialist and the Workforce Development Coordinator will be assigned to the City of Tempe locations 40 hours per week. 2.4 The Parties shall share the costs for funding the program. The City shall compensate the County on a monthly basis for program service delivery. Board Approved: 3/25/2026 Page 2 of 19 City of Tempe IGA 2.4.1 The City shall reimburse the County for a portion of the Workforce Development Coordinator’s salary. The funding amount, per fiscal year, is indicated in the attached Itemized Service Budget, Attachment A. The Parties acknowledge that these individuals will remain County employees and will not be considered employees of the City. 2.4.2 Subject to the terms and conditions of this Agreement, the City will utilize Community Development Block Grant (CDBG) funds for the City’s share of the costs associated with funding this program. 3.0 BACKGROUND 3.1 The Parties shall ensure all participating residents meet the Area Median Income guidelines, through means testing, to ensure all participants receiving services meet the Area Median Income qualifications as required by the CDBG as documented in Attachment C. 3.2 The Workforce Innovation and Opportunity Act of 2014, 29 U.S.C. § 3101, et seq., Public Law 113-128 was signed into law on July 22, 2014, and it became effective on July 1, 2015. WIOA is designed to help job seekers access employment, education, training and support services to succeed in the labor market and to match employers with the skilled workers they need to compete in the global economy. 3.3 Maricopa County is designated as a Local Workforce Development Area (LWDA) under the federal WIOA program. The County operates two (2) comprehensive Workforce Development One Stop Career Centers (Centers). The Centers provide employment- related services to job seekers and employers in Maricopa County, in accordance with the WIOA program regulations. 3.4 The City has received certain funds pursuant to the Housing and Community Development Act of 1974, as amended, as part of a CDBG administered through the U.S. Department of Housing and Urban Development (HUD). 3.5 This Project qualifies as CDBG eligible activity under 24 CFR 570.201 (e) and meets the national objectives under 24 CFR 570.208 (a)(2). 4.0 TERM OF AGREEMENT 4.1 The initial term of this Agreement is listed on page one of this Agreement. 4.2 This Agreement shall be effective upon approval and signature by both Parties. 4.3 The Agreement may be extended for two (2) additional one-year terms, as outlined in paragraph 5.0 Amendment. In accordance with A.R.S. 11-952, the Agreement may be extended as many times as is desirable, but each extension may not exceed the duration of the previous agreement. Extensions must be in writing and approved and signed by both Parties. The City must provide notice of intent to renew 60 calendar days prior to the end of the term. 5.0 AMENDMENTS Any changes to this Agreement shall be by written Amendment signed by both Parties. 6.0 ACRONYMS AND DEFINITION BY LAW Acronyms and Definitions found under 2 C.F.R. §§ 200.0 & 200.1 are hereby incorporated by reference. 7.0 ADMINISTRATIVE CHANGE ORDERS 7.1 The Chair of the Board of Supervisors is authorized, upon the recommendation of the Human Services Department Director and Legal Counsel, to review and execute administrative changes to the Agreement on behalf of the County through Administrative Change Orders. Administrative Change Orders will be effective upon execution by both the Parties. Administrative Change Orders shall address any of the following changes: Page 3 of 19 City of Tempe IGA 7.1.1 Modifications to the project timeline if the last day of the project timeline is within the Agreement term; 7.1.2 Modifications to Budget line items if the Agreement amount remains unchanged; 7.1.3 Modifications required by federal, state, or County regulations, ordinances, or policies; and/or 7.1.4 Modifications to Administrative requirements such as changes in reporting periods, frequency of reports, or report formats required by federal, state, and local regulations, policies, or requirements. 8.0 FUNDING 8.1 The City shall compensate the County for a portion of the service delivery. 8.2 The City shall compensate the County in an amount not to exceed $52,199.54 for the period of July 1, 2025, to June 30, 2026. 9.0 AVAILABILITY OF FUNDS 9.1 Should County’s funding for program activities be reduced for any reason and services are not funded, then the City may either accept a decrease in services offered by the County or terminate this Agreement. 9.2 If the City is unable to provide funding to support County personnel, then the County has the right to either change the availability or withdraw County staff (or both). 9.3 The terms, conditions and sums payable to the County under this Agreement are subject to funding availability, changes or limitations which may be required by the terms of the City’s CDBG Grant agreement as entered into by the City. 10.0 PAYMENTS Subject to ongoing review and possible modifications during the term or terms of this Agreement, the City shall pay the County based on the County submitting a quarterly invoice. The City shall prepare and issue payment within 30 calendar days of receipt of the invoice, except for the last quarter of the term; in which the invoice shall be sent to the City’s point of contact on the 30th calendar day of month following the last quarterly time period. The Payment shall be submitted to the Human Services Department, Finance Unit at the address 234 North Central Avenue, Suite 3000, Phoenix, Arizona 85004. 10.1 The City shall provide the County with the amount defined in the Itemized Service Budget (ISB), Attachment A. The yearly ISB has been developed between the Parties and is incorporated into this Agreement. The ISB reflects the anticipated cost(s) for the agreement term; however, Section 8.0 defines the maximum annual reimbursement to the County from City of Tempe. 10.2 The County will provide the City with the indirect cost proposal/cost allocation plan approved by the Cognizant Federal Agency, for the term of this Agreement, to support the indirect rate listed in the ISB in Attachment A. 11.0 PROGRAM SERVICE INTENT 11.1 The services to be provided at the identified facilities will benefit low and moderate-income City residents, as defined by HUD’s Area Median Income (AMI) requirements, by having County staff available to meet with job seekers and local employers to provide Workforce Development activities which will improve eligible resident’s knowledge for: 11.1.1 conducting job searches to secure stable employment; 11.1.2 exploring career opportunities; 11.1.3 improving skills necessary to enter or advance in a specific occupation or trade; and 11.1.4 employment opportunities with local employers. Page 4 of 19 City of Tempe IGA 12.0 RESPONSIBILITIES OF ORGANIZATIONS 12.1 The County shall: 12.1.1 Assign a County Workforce Development Coordinator to act as a trainer, career guidance specialist, and partner in providing case-management assistance to participants that meet HUD’s Area Median Income requirements, as well as serve as a business liaison, to businesses within the City who may employ program participants: 12.1.1.1 Enroll WIOA eligible program participants that meet the Area Median Income requirements in case-management services to ensure compliance with CDBG requirements. 12.1.1.2 Organize workshops for job seekers to assist with job searches and development of job retention skills, assessment tools for measuring interests, aptitude & skills, career exploration and vocational training; 12.1.1.3 Provide eligible case-management participants support services that may include funding assistance to enable participant to continue training, retain or obtain employment and encourage successful program completion. 12.1.1.4 Direct case-managed job seekers towards activities that lead to the attainment of a secondary school diploma or its equivalent; 12.1.1.5 Organize Job fairs for local employers recruiting employees to fill vacant positions; and 12.1.1.6 Engage with business community in collaboration with the City’s Economic Development Department; 12.1.1.7 Ensure comprehensive services are provided to case-managed individuals, to include completing Human Services Department program applications for eligible individuals and providing referral services. 12.1.2 Assign a County Workforce Development Youth Career Guidance Specialist to provide WIOA services to youth (individuals between the ages of 14 to 24 years) such as: recruitment, enrollment, case management and referral services; 12.1.3 Provide a data report on a monthly basis containing the following data metrics: 12.1.3.1 Summary of Youth and Community Outreach Efforts; 12.1.3.2 Total of Enrollments completed at Tempe Facilities - including demographics of the participants; as defined in Attachment B 12.1.3.3 Total number of services provided to Youth and Adult/Dislocated Worker participants; 12.1.3.4 Summary of Service Outcomes for case-managed Adult Worker participants; 12.1.3.5 Labor market information specific to Tempe and surrounding areas; 12.1.4 Provide Computers and Equipment for County Staff to fulfill duties. 12.2 The City shall: 12.2.1 Provide workspace at facilities listed in Section 2.2 for the County staff to provide the services identified in Section 11.1. The workspace shall be a secure location to house all computer(s) and equipment provided by the County. The workspace is to remain locked when not in use by County staff and whenever the facility is not in use; 12.2.2 Provide internet connection so the county can conduct the work identified in Section 11.1; 12.2.3 Work cooperatively with County staff to improve efficiency, effectiveness, and the coordination of workforce services; 12.2.4 Include information attributing ARIZONA@WORK – Maricopa County program in any outreach materials, website, and other promotional/marketing materials related to this joint partnership. Page 5 of 19 City of Tempe IGA 13.0 TERMINATION 13.1 Under A.R.S. §38-511, the County may cancel this Agreement without penalty or further obligation within three years after execution of this Agreement if any person significantly involved in initiating, negotiating, securing, drafting, or creating this Agreement on behalf of the County is, at any time while this Agreement or any extension of this Agreement is in effect, an employee or agent of any other party to the Agreement in any capacity or consultant to any other Party of the Agreement with respect to the subject matter of the Agreement. Additionally, under A.R.S § 38-511, the County may recoup any fee or commission paid or due to any person significantly involved in initiating, negotiating, securing, drafting, or creating this Agreement on behalf of the County from any other party to this Agreement arising as the result of this Agreement. 13.2 Either Party may terminate this Agreement at any time by giving the other Party at least sixty (60) calendar days prior notice in writing (unless terminated by the Board of Supervisors under the Availability of Funds provision). The notice shall be given by either mail or via email to the persons listed in Section 14 (Notices) of this Agreement. 13.3 This Agreement may be terminated by mutual written agreement of the Parties specifying the termination date therein. 13.4 The County has the right to terminate this Agreement upon twenty-four (24) hour notice when the County determines that the health or welfare of the service recipients are endangered, or the City’s non-compliance jeopardizes funding source financial participation. If not terminated by one of the above methods, then this Agreement shall terminate upon the expiration of the term stated on page one of this Agreement or expiration of any extended term described in Section 4.0. 14.0 NOTICES Notifications and communications concerning this Agreement shall be directed to the following: County: Name: Jared Beard Title: Workforce Development Assistant Director Maricopa County Human Services Department 234 N Central Avenue, Suite 3000 Phoenix, AZ 85004 Telephone: 623-280-7487 Email: Jared.Beard@maricopa.gov City of Tempe: Name: Dennis Newburn Title: Housing Services Manager Address: 3500 S. Rural Rd, Suite 202 Tempe, AZ 85282 Telephone: 480-858-6280 Email: dennis_newburn@tempe.gov 15.0 EMPLOYMENT DISCLAIMER 15.1 This Agreement is not intended to constitute, create, give rise to, or otherwise recognize a joint venture agreement, partnership, or other formal business association or organization of any kind, and the rights and obligations of the Parties shall be only those expressly set forth in this Agreement. 15.2 The City agrees that no individual performing under this Agreement on behalf of City may be considered a County agent, employee, or representative and that no rights of County civil service, County retirement, or County personnel rules shall accrue or apply to any such individual. The City shall have total responsibility for all salaries, wages, bonuses, Page 6 of 19 City of Tempe IGA retirement, withholdings, workers’ compensation, occupational disease compensation, unemployment compensation, other employee benefits, and all taxes and premiums appurtenant thereto concerning such individuals shall indemnify, defend and hold harmless the County with respect to the foregoing. 15.3 The County agrees that no individual performing under this Agreement on behalf of County may be considered a City agent, employee, or representative and that no rights of City civil service, City retirement, or City personnel rules shall accrue or apply to any such individual. The County shall have total responsibility for all salaries, wages, bonuses, retirement, withholdings, workers’ compensation, occupational disease compensation, unemployment compensation, other employee benefits, and all taxes and premiums appurtenant thereto concerning such individuals and the County shall indemnify, defend and hold harmless the City with respect to the foregoing. 16.0 SAFEGUARDING OF PARTICIPANT INFORMATION The use or disclosure by either Party of any information concerning an applicant for, or recipient of, service under this Agreement is directly limited to the conduct of this Agreement. The City and any and all of its agents, representatives, officials, officers, directors, employees, volunteers, departments, agencies, boards, committees, and commissions shall safeguard the confidentiality of this information, just as they would safeguard their own confidential information. 17.0 RECIPROCAL INDEMNIFICATION Each Party (as “Indemnitor”) agrees to indemnify, defend, and hold harmless the other Party and its officers, officials, employees, and agents (collectively, “Indemnitees”) from and against all claims, losses, liability, costs, or expenses (including reasonable attorneys’ fees, expert fees and other litigation costs) (collectively referred to as “Claims”) either arising from or related to breach of this Agreement, property damage, or bodily injury (including death) of any person, but only to the extent that such Claims are caused by the act, omission, negligence, misconduct, or other fault of the Indemnitor or any of its officers, officials, agents, representatives, directors, employees, volunteers, departments, agencies, boards, committees, and commissions. The obligations under this Section 17.0 shall survive termination of this Agreement. The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this paragraph. 18.0 LIMITATION ON LIABILITY The Parties hereby mutually agree that each Party and their respective agents, representatives, officials, officers, directors, employees, volunteers, departments, agencies, boards, committees, and commissions shall not be liable for any act or omission by the other Party or any and all of its agents, representatives, officials, officers, directors, employees, volunteers, departments, agencies, boards, committees, or commissions occurring in the performance of this , nor shall the Parties and their respective agents, representatives, officials, officers, directors, employees, volunteers, departments, agencies, boards, committees, and commissions be liable for purchases or contracts made by the other Party or any and all of its agents, representatives, officials, officers, directors, employees, volunteers, departments, agencies, boards, committees, or commissions in connection with this Agreement, except as otherwise provided by law. 19.0 INSURANCE 19.1 Each Party is a Public entity and shall provide the other Party with a Certificate of Self- Insurance equal to the types and amounts specified below: General Aggregate $3,000,000 Each Occurrence Limit $1,000,000 Sexual Molestation $1,000,000 19.2 Within ten (10) calendar days following execution of this Agreement, the City shall furnish the County, to the persons listed in Paragraph 14.0 (Notices), with valid and complete Page 7 of 19 City of Tempe IGA Certificate(s) of Insurance, or formal endorsements as required in the form provided by the County, issued by the City, as evidence that policies providing the required coverage, conditions and limits as required by this Agreement are in full force and effect. Such certificates shall identify this Agreement number and title. 19.2.1 In addition to the above, the City shall provide a copy by mail to the following and Certificate holder shall be identified as: Mail COI to: Maricopa County c/o Risk Management 301 W Jefferson St., Suite 910 Phoenix, AZ 85003 19.3 Cancellation and Expiration Notice: 19.3.1 Applicable to all insurance policies required within the insurance requirements of this contract, City’s insurance shall not be permitted to expire, be suspended, be canceled, without 30 days prior written notice to Maricopa County. Such notice shall be sent directly to Maricopa County Human Services Department, Workforce Development Division and shall be mailed, or hand delivered to 234 N. Central Avenue, Phoenix Suite 3000, AZ 85004, or emailed to the Human Services representative noted in the Contract. 20.0 EQUAL EMPLOYMENT OPPORTUNITY 20.1 The Parties shall not discriminate against any employee or applicant for employment because of race, age, disability, color, religion, sex, sexual identity, gender identity, or national origin. 20.2 The Parties shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, age, disability, color, religion, sex sexual identity, gender identity, or national origin. Such action shall include, but is not limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, lay-off or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 20.3 The Parties will, in all solicitations or advertisements for employees placed by or on behalf of the City, state that it is an Equal Opportunity or Affirmative Action employer. 20.4 The Parties shall post on public display for all employees that it is an Equal Opportunity or Affirmative Action employer. 20.5 The Parties shall and shall cause their respective contractors and subcontractors to comply with: 20.5.1 Title VI and VII of the Civil Rights Act of 1964, as amended (42 U.S.C. §§ 2000a, et seq.); 20.5.2 the Rehabilitation Act of 1973, as amended (29 U.S.C. §§ 701, et seq.). 20.5.3 the Age Discrimination in Employment Act of 1967, as amended (29 U.S.C. §§ 621, et seq.); 20.5.4 the Americans With Disabilities Act of 1990 (42 U.S.C. §§ 12101, et seq.); and 20.5.5 Arizona Executive Order 2009-09, as amended, et seq. which mandates that all persons shall have equal access to employment opportunities. 20.6 The Parties shall include the above listed provisions in every subcontract or purchase order, specifically or by reference. The inclusion of these provisions is binding and a requirement of this Agreement. 21.0 COMPLIANCE WITH APPLICABLE LAWS 21.1 Each Party shall comply with all applicable laws, ordinances, resolutions, executive orders, rules, regulations, standards, and codes of the federal, state, and local governments whether or not specifically referenced in this Agreement. Specifically, the following apply: Page 8 of 19 City of Tempe IGA 21.1.1 The City will utilize CDBG funding to support the eligible activity described in this Agreement as identified in Section 12.0 Responsibilities and as further outlined in 24 CFR 570.201 (e) (https://www.ecfr.gov/current/title-24/part-570#p-570.201(e)) and to meet the CDBG national objectives as outlined in 24 CFR 570.208 (a)(2). The County shall be solely responsible for understanding and complying with all applicable regulations and requirements throughout this Agreement. 21.1.2 Unless exempt under federal law, the Parties 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, as updated in State Executive Order No. 99-4 (Executive Order 2009-09 superseded Executive Order 99-4 and amended Executive Order 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 Parties shall comply with the Rehabilitation Act of 1973, as amended, which prohibits discrimination in the employment of qualified persons because of physical or mental disability. The Parties shall comply with the requirements of the Fair Labor Standards Act of 1938, as amended. 21.1.3 The Parties 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 Parties 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; and with Title II of the Americans with Disabilities Act, and the Arizona Disability Act, which prohibits discrimination on the basis of physical or mental disabilities in the provision of contract programs, services, and activities. 21.1.4 The Parties shall not discriminate upon the basis of race, color, creed, religion, ancestry, national origin, sex, gender, sexual orientation, gender identity, disability, age, marital status or status with regard to the benefits of, or participation in, or use of the programs, services, and activities. 21.1.5 Each Party warrants that it is in compliance with A.R.S. § 41-4401 and further acknowledges that: 21.1.5.1 The Parties and their vendors, if any, warrant their compliance with all federal immigration laws and regulations that relate to their employees and their compliance with A.R.S. § 23-214; 21.1.5.2 A breach of a warranty under this Section 21.1.4 shall be deemed a material breach of this Agreement that is subject to penalties up to and including termination of this Agreement; and 21.1.5.3 The Parties retain the legal right to inspect the papers of any contractor or (sub)contractor or vendor employee who works on this Agreement to ensure that the Parties are complying with the warranty provided under subsections listed above and that the Parties agree to make all papers and employment records of said employee(s) available during normal working hours in order to facilitate such an inspection. 22.0 EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS 22.1 The Parties agrees that this Agreement and their employees working on this Agreement will be subject to the whistleblower rights and remedies in the federal pilot program established at 41 U.S.C. § 4712 by Section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112–239) and Section 3.908 of the Federal Acquisition Regulation; 22.2 The City shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. § 4712, as described in Section 3.908 of the Federal Acquisition Regulation. Documentation of such employee Page 9 of 19 City of Tempe IGA notification must be kept on file by the City and copies provided to County upon request; and 22.3 The Parties shall insert the substance of this clause, including this Paragraph 22.0, in all subcontracts over the agreed upon simplified acquisition threshold ($250,000 as of June 2021). 23.0 CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY, AND VOLUNTARY EXCLUSION 23.1 The undersigned, by signing this Agreement, represents that the Parties have the authority to bind the Parties to the terms of this Certification. The Parties, in accordance with 2 C.F.R. Part 180, certify to the best of their knowledge and belief that they and their principals: 23.1.1 Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; 23.1.2 Have not within a 3-year period preceding the Start Date of this Agreement, been convicted of or had a civil judgment rendered against them for: (1) the commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, State, or local) transaction or a contract under a public transaction; (2) the violation of any federal or State antitrust statutes; or (3) the commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property 23.1.3 Are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with the commission of any of the offenses enumerated in Sub-subparagraph 23.1.2 above; and 23.1.4 Have not, within a three-year period preceding the Start Date of this this Agreement, had one or more public transactions (federal, state, or local) terminated for cause or default. The Parties agree to include, without modification, this clause in all lower tier covered transactions (i.e., transactions with Subcontractors) and in all solicitations for lower tier covered transactions related to this Agreement. 24.0 IMMIGRATION LAWS AND REGULATIONS 24.1 Federal Immigration and Nationality Act 24.1.1 The Parties understand and acknowledge the applicability of the Immigration Reform and Control Act of 1986 (“IRCA”). The Parties agree to comply with the IRCA in performing under this Agreement and to permit the other Party to reasonably inspect personnel records to verify such compliance, to the extent required by law. 24.1.2 By entering into this Agreement, the Parties warrant compliance with the Federal Immigration and Nationality Act (“FINA”) and all other federal immigration laws and regulations related to the immigration status of its employees. The Parties shall obtain statements from their subcontractors certifying compliance and shall furnish the statements to either Party upon request. These warranties shall remain in effect through the term of the Agreement. The Parties and their subcontractors shall also maintain Employment Eligibility Verification forms (“I-9”) as required by the U.S. Department of Labor’s Immigration and Control Act for all employees performing work under the Agreement. I-9 forms are available for download at USCIS.GOV. 24.1.3 The Parties may request verification of compliance for any employee, contractor or subcontractor performing work under the Agreement. Should the Parties suspect or find that either Party or any of its contractors or subcontractors are not in compliance, then the compliant Party may pursue any and all remedies allowed by law, including, but not limited to: suspension of work, termination of the Agreement for default, and suspension or debarment (or both) of the non- Page 10 of 19 City of Tempe IGA compliant Party. All costs necessary to verify compliance are the responsibility of the non-compliant Party or its contractors or subcontractors. 24.2 Arizona Law: The Parties warrant that they are in compliance with A.R.S. § 41-4401 (E- Verify requirements) and further acknowledge that: 24.2.1 The Parties and their respective Vendors, if any, warrant their compliance with all federal immigration laws and regulations that relate to their employees and their compliance with A.R.S. § 23-214; 24.2.2 A breach of a warranty under Subparagraph 24.2.1 shall be deemed a material breach of this Agreement and either Party may immediately terminate this Agreement without liability; and 24.2.3 The Parties and any respective contracting government entity retain the legal right to inspect the papers and employment records of the other Party or its Vendor’s or Subcontractor’s employees who work on this Agreement to ensure that the other Party or Subcontractor or Vendor is complying with the warranty provided under Subparagraph 24.2.1 and that the Parties mutually agrees to make all papers and employment records of those employees available during normal working hours in order to facilitate such an inspection. 25.0 DEFAULT AND REMEDIES FOR NONCOMPLIANCE 25.1 Notwithstanding anything to the contrary, this Section shall not be deleted or superseded by any other provision of this Agreement. 25.2 This Agreement may be immediately terminated by a Party if the other Party defaults by failing to perform any objective or breaches any obligation under this Agreement, or any event occurs that jeopardizes the other Party’s ability to perform any of its obligations under this Agreement. 25.3 Failure to comply with the requirements of this Agreement and all the applicable federal, state, or local laws, rules, and regulations may result in suspension or termination of this Agreement, the return of unexpended funds (less just compensation for work satisfactorily completed that, to date, had not been reimbursed), the reimbursement of funds improperly expended, or the recovery of funds improperly acquired. Noncompliance includes, but is not limited to: 25.3.1 Non-performance of any obligations required by this Agreement. 25.3.2 Noncompliance with any applicable federal, state, or local laws, rules, or regulations. 25.3.3 Noncompliance with applicable financial record requirements, accounting principles, or standards established by OMB circulars and 2 C.F.R. §§ 200 et seq. 25.3.4 Noncompliance with recordkeeping, record retention, or reporting requirements. 25.4 Notwithstanding the suspension or termination of this Agreement, or the final determination of the proper disposition of funds, the Parties, without intent to limit or with restrictions, be subject to the following: 25.4.1 Acknowledge that suspension or termination of this Agreement does not affect or terminate any rights against any Party at the time of suspension or termination, or that may accrue later. Nothing herein shall be construed to limit or terminate any right or remedy available under this Agreement. 25.4.2 Waiver of a breach or default of any term, covenant, or condition of this Agreement or any federal, state, or local law, rule, or regulation shall not operate as a waiver of any subsequent breach of the same or any other term, covenant, condition, law, rule, or regulation. 25.5 Each Party shall, upon notice or with knowledge obtained by itself or others, take any and all proactive actions necessary, and provide any and all applicable remedies to address and correct any act by itself, and any and/or all of its agents, representatives, officers, officials, directors, employees, volunteers, successors, assigns, or Subcontractors that resulted in any wrongdoing (intentional or unintentional); misuse or misappropriation of Page 11 of 19 City of Tempe IGA funds; the incorrect or improper disposition of funds; any violation of any federal, state, or local law, rule, or regulation; or the breach of any certification or warranty provided in this Agreement. 26.0 UNIFORM ADMINISTRATIVE REQUIREMENTS By entering into this Agreement, the Parties agree to comply with all applicable provisions of Title 2, Subtitle A, Chapter II, Part 200—UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS contained in Title 2 C.F.R. §§ 200, et seq, and OMB Circulars. 27.0 RETENTION OF RECORDS 27.1 This provision applies to all financial and programmatic records, supporting document, statistical records, and other records of the Parties that are related to this Agreement. 27.2 The Parties, HUD, the Comptroller General of the United States, the Government Accounting Office or any of their duly authorized representatives shall have access to any books, documents, papers and records of the Parties which are pertinent to any activity performed under this Agreement as required under 2 CFR 200.333 et seq. and 24 CFR 570.502(7)(ii) for the purpose of making audit, examination, excerpts and transcriptions. 27.3 The Parties shall keep and maintain such books, documents, papers and records in accordance with 2 CFR 200.333 et seq. and under A.R.S. §§ 41-151.14 and 41-151.15, for a period of at least six (6) years after the expiration or termination of this Agreement or six (6) years after the submission of the annual performance and evaluation report as prescribed in 24 CFR 91.520. The Parties right of access is not limited to the retention period but lasts so long as the records are retained by the Parties. The Parties shall permit independent auditors access to its records and financial statements as necessary to comply with federal audit requirements. 28.0 STRICT COMPLIANCE One Party’s acceptance of the other Party’s performance, that is not in strict compliance with the terms of this Agreement, shall not be deemed to waive the requirements of strict compliance for all future performance. All changes in performance obligations under this Agreement shall be in writing and signed by both Parties. 29.0 DISPUTES 29.1 Except as otherwise provided for in this Agreement, the Parties may attempt to informally resolve any dispute arising out of this Agreement for a reasonable period of time, but which shall not exceed ninety (90) calendar days. Disputes which are not resolved in that time period shall be submitted in accordance with the following formal dispute resolution process. 29.2 Notice of the specific grounds of a formal dispute shall be in writing and filed with the County Representative listed in the Notices paragraph within ten (10) business days from the expiration of the informal dispute resolution process described above in 29.1. 29.3 The County Representative shall respond in writing to the City within fourteen (14) business days. The decision of the County Representative shall be final and conclusive unless, within seven (7) business days after the date the City is served with the decision, the City files a written notice of appeal with the Human Services Department Director. 29.4 The Department Director shall provide the City with a written response within fourteen (14) business days following receipt of the notice of appeal. The decision of the Director shall be final. 29.5 In the event the City disagrees with the Director’s decision, the City shall have every existing and future right or remedy available by law or in equity to resolve the dispute. If the Parties fail to come to a resolution through the dispute process set forth in this Section 29.0, either Party may pursue formal litigation. Page 12 of 19 City of Tempe IGA 30.0 CLEAN AIR ACT If the total face value of this Agreement exceeds $100,000, the Parties agree to comply with all regulations, standards and orders issued pursuant to the Clean Air Act of 1970, as amended (42 U.S.C. §§ 7401, et seq.), to the extent any are applicable by reason of performance of this Agreement. 31.0 LOBBYING 31.1 No federal appropriated funds have been paid or will be paid by or on behalf of the Parties to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal agreement, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal agreement, grant, loan, or cooperative agreement. 31.2 If any funds, other than federal appropriated funds, have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with any federal agreement, grant, loan or cooperative agreement, then the Party shall complete and submit OMB Form-LLL, titled "Disclosure of Lobbying Activities," in accordance with its instructions and 31 U.S.C. § 1352. 32.0 DRUG-FREE WORKPLACE ACT OF 1988: The Parties must comply with drug-free workplace requirements in subpart b of 2 CFR § 2429, which adopts the government-wide implementation (2 CFR part 182) of sections 5152- 5158 of the drug-free workplace act of 1988 (pub. L. 100-690, title v, subtitle D; 41 U.S.C. 701-707). 33.0 ADEQUACY OF RECORDS If the City’s books, records and other documents related to this Agreement are not reasonably sufficient to support and document that allowable services were provided to eligible participants as determined by a court of competent jurisdiction, then the City shall reimburse the County for the services not supported and/or documented. 34.0 WRITTEN CERTIFICATION UNDER A.R.S. § 35-393.01 If the City engages in for-profit activity and has 10 or more employees, and if this Agreement has a value of $100,000 or more, then the City certifies it is not currently engaging in and agrees for the duration of this Agreement not to engage in, a boycott of goods or services from Israel. This certification does not apply to a boycott prohibited by 50 U.S.C. § 4842 or a regulation issued pursuant to 50 U.S.C. § 4842. 35.0 RELIGIOUS ACTIVITIES The Parties warrant that none of their costs and none of the costs incurred by them or any of their contractors or subcontractors will include any expense related to any religious activities. 36.0 POLITICAL ACTIVITY PROHIBITED None of the funds, materials, property, or services contributed by the County under this Agreement shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office. 37.0 COVENANT AGAINST CONTINGENT FEES The City warrants that no persons or entities have been employed or retained by it to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee. For breach or violation of this warranty, the County may immediately terminate this Agreement without liability. Page 13 of 19 City of Tempe IGA 38.0 RECOGNITION OF COUNTY SUPPORT The City shall give recognition to the County and the funding source for its support when the City publishes materials or releases public information that is paid for in whole or in part with funds received by the City under this Agreement. 39.0 ASSIGNMENT AND SUBCONTRACTING No right, liability, obligation, or duty under this Agreement may be assigned, delegated, or subcontracted, in whole or in part, without the prior written approval of the other Party. 40.0 OFFSHORE PERFORMANCE OF WORK PROHIBITED Due to security and identity protection concerns, direct services under this Agreement shall be performed within the borders of the United States. Any services that are described in the specifications or scope of work that directly serve the State of Arizona or its clients and may involve access to secure or sensitive data or personal client data or development or modification of software for the State shall be performed within the borders of the United States. Unless specifically stated otherwise in the specifications, this definition does not apply to indirect or “overhead” services, redundant back-up services, or services that are incidental to the performance of the Agreement. This provision applies to all work performed by Cities or Subcontractors at all tiers. 41.0 ASSIGNABILITY AND SUBCONTRACTING No rights, liabilities, obligations, or duties under this Agreement may be assigned, delegated, or subcontracted, in whole or part, without the prior written approval of the County. The City shall bear all liability under this Agreement, even if it is assigned, delegated, or subcontracted, in whole or in part, unless the County approves the assignment, delegation, or subcontract or agrees otherwise. 42.0 RIGHTS/OBLIGATIONS OF PARTIES ONLY The terms of this Agreement are intended only to define the respective rights and obligations of the Parties. Nothing in this Agreement shall create any rights or duties in favor of any potential third-party beneficiary or other person, agency, or organization. Nothing in this Agreement shall affect the legal liabilities of either Party by imposing any standard of care different from the standard of care imposed by law. 43.0 WAIVER OF TERMS, CONDITIONS, AND DEFENSES The failure of either Party to insist in any one or more instances on performance of any of the terms and conditions of, or to exercise any rights or privileges contained in, this Agreement shall not be considered as waiving such terms, conditions, rights, or privileges, and they shall remain in full force and effect. Nothing in this Agreement shall be construed as consent to any lawsuits or waiver of any defenses in a lawsuit brought against the County in any state or federal court. 44.0 ENTIRE AGREEMENT This Agreement contains the entire understanding of the Parties. There are no representations or other provisions besides those contained in either this Agreement or in any written amendments approved and signed by both Parties. 45.0 PROVISIONS REQUIRED BY LAW Each and every provision of law and any clause required by law to be in this Agreement will be read and enforced as though it were included herein and, if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party, this Agreement will promptly be physically amended to make such insertion or correction. Page 14 of 19 City of Tempe IGA 46.0 FORCE MAJEURE 46.1 Neither Party shall be liable for failure of performance, nor incur any liability to the other Party on account of any loss or damage resulting from any delay or failure to perform all or any part of this Agreement if such delay or failure is caused by events, occurrences, or causes beyond the reasonable control and without negligence of the Parties. Such events, occurrences, or causes will include Acts of God/Nature (including fire, flood, earthquake, storm, hurricane, or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, riots, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, lockout, blockage, embargo, labor dispute, strike, pandemic, and interruption or failure of electricity or telecommunication service. 46.2 Each Party, as applicable, shall give the other Party notice of its inability to perform and particulars in reasonable detail of the cause of the inability. Each party must use best efforts to remedy the situation and remove, as soon as practicable, the cause of its inability to perform or comply. 46.3 The Party asserting Force Majeure as a cause for non-performance shall have the burden of proving that reasonable steps were taken to minimize delay or damages caused by foreseeable events, all non-excused obligations were substantially fulfilled, and the other Party was timely notified of the likelihood or actual occurrence that would justify such an assertion, so that other prudent precautions could be contemplated. 47.0 SYSTEM FOR AWARD MANAGEMENT The City shall have a valid Unique Entity Identifier (UEI) number and an active profile in the federal System for Award Management, or SAM.gov. Documentation of the UEI Number must be included in all project files. The City must remain current with their registration throughout the term of the Agreement per 2 C.F.R. § 25.300; Appendix A to 2 C.F.R. § 25. The City and any subcontractors will not receive a subaward until that entity has provided its UEI number 2 C.F.R. § 25.300; Appendix A to 2 C.F.R. § 25. 48.0 SURVIVAL The indemnification, hold harmless, defense, and non-liability provisions of this Agreement shall have full force and effect notwithstanding any other provisions in this Agreement and shall survive the termination or expiration of this Agreement. 49.0 SEVERABILITY The Parties agree that should any part of this Agreement be held invalid or void, the remainder of this Agreement shall remain in full force and effect and shall be binding on the Parties. 50.0 EXECUTION OF AGREEMENT/COUNTERPARTS This Agreement may be executed in counterparts. Each counterpart shall be deemed an original, and all counterparts shall form a single instrument. 51.0 CHOICE OF LAW; VENUE This Agreement shall be construed in accordance with and governed by the laws of the State of Arizona. The proper venue for any proceedings relating to this Agreement shall be Maricopa County, Arizona. 52.0 AUTHORIZATION Each Party warrants to the other Party that the appropriate governing body of the Party has authorized approval and signature of this Agreement. Page 15 of 19 City of Tempe IGA 53.0 UYGHUR FORCED LABOR PREVENTION ACT (UFLPA) 53.1 The Parties mutually warrant and certify that they do not currently, and agree for the duration of this Agreement that they will not use: 53.1.1 the forced labor of ethnic Uyghurs in the People’s Republic of China. 53.1.2 any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China. 53.1.3 any contractors, subcontractors or suppliers that use the forced labor or any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China. 53.2 If either of the Parties become aware during the term of this Agreement that they are not in compliance with this paragraph, the Party(ies) shall notify the other within five business days after becoming aware of the noncompliance. Failure of either Party to provide a written certification that the other Party has remedied the noncompliance within one hundred eighty (180) days after notifying the public entity of its noncompliance, this Agreement shall terminate unless the Term of this Agreement shall end prior to said one hundred eighty (180) day period. [Signatures are contained on following page] Page 16 of 19 City of Tempe IGA IN WITNESS, the Parties have approved and signed this Agreement: FOR CITY OF TEMPE: ___________________________________ Corey Woods, Mayor Date FOR MARICOPA COUNTY: ____________________________________ Kate Brophy McGee Date Chair, Board of Supervisors Attested to: ___________________________________ Kara DeArrastia, City Clerk Date Attested to: ____________________________________ Juanita Garza, Clerk of the Board Date IN ACCORDANCE WITH A.R.S. §§ 9-240 AND 11-952, THIS AGREEMENT HAS BEEN REVIEWED BY THE UNDERSIGNED ATTORNEY WHO HAS DETERMINED THIS AGREEMENT IS PROPER IN FORM AND WITHIN THE POWERS AND AUTHORITY GRANTED TO THE CITY OF TEMPE UNDER THE LAWS OF THE STATE OF ARIZONA. Approved as to form: By: _____________________________________ City Attorney Date IN ACCORDANCE WITH A.R.S. §§ 11-201, 11-251, AND 11-952, THIS AGREEMENT HAS BEEN REVIEWED BY THE UNDERSIGNED ATTORNEY WHO HAS DETERMINED THIS AGREEMENT IS PROPER IN FORM AND WITHIN THE POWERS AND AUTHORITY GRANTED TO MARICOPA COUNTY UNDER THE LAWS OF THE STATE OF ARIZONA. Approved as to form: By: ______________________________________ Deputy County Attorney Date Page 17 of 19 City of Tempe IGA Page 18 of 19 City of Tempe IGA Attachment B Monthly Reporting Template Page 19 of 19 City of Tempe IGA Attachment C 2025 Area Median Income Guidelines