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City of Mesa ERA
Page 1 of 19
INTERGOVERNMENTAL AGREEMENT
FOR SERVICES BETWEEN
MARICOPA COUNTY
ADMINISTERED BY ITS
HUMAN SERVICES DEPARTMENT
AND
THE CITY OF MESA
Agreement Number:
Agreement Amount: $5,500,000
Agreement Start Date: September 26, 2022
Agreement Termination Date: December 29, 2022
ALN Number: 21.023 Emergency Rental Assistance Program
UEI #: E2Y8LRS18AU3
1.0
PARTIES
This financial Intergovernmental Agreement (“Agreement”) is between the City of Mesa
(“Subrecipient”) and Maricopa County (“County”) administered by its Human Services
Department, (“Department”), and pertains to rental assistance for COVID-impacted
residents of the City of Mesa and its unincorporated areas. The County and the Subrecipient
collectively are referred to as the “Parties” and individually as the “Party.”
2.0
PURPOSE
The County shall provide Subrecipient with U.S. Department of Treasury Emergency Rental
Assistance (ERA) 1.0 funds for the provision of ERA 1.0 activities.
3.0
TERM OF AGREEMENT
3.1
The term of this Agreement is from September 26, 2022, through December 29,
2022.
3.2
This Agreement shall be effective upon approval and signature by both Parties.
4.0
AMENDMENTS
Any changes to this Agreement shall be effective only in a written amendment signed by
both Parties.
5.0
ADMINISTRATIVE CHANGE ORDERS
5.1
The Chairman of the Board of Supervisors is authorized upon the recommendation
of the Human Services Department Director and Legal Counsel to make changes
within the general scope of the Agreement on behalf of the County through
Administrative Change Orders. The Subrecipient’s City Manager, or his designee, is
authorized to approve and sign Administrative Change Orders on behalf of
Subrecipient. Administrative Changes shall be approved by both Parties and fully
executed by the Chairman of the Board of Supervisors and Subrecipient.
Administrative Change Orders may address any of the following areas:
5.1.1
Modifications to the project timeline if the last day of the project timeline is
within the Agreement term;
5.1.2
Modifications to Budget line items if the Agreement Amount remains
unchanged;
5.1.3
Modifications required by federal, state, or County regulations, ordinances,
or policies; and
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5.1.4
Modifications to Administrative requirements such as changes in reporting
periods, frequency of reports, or report formats required by the U.S.
Department of Treasury or local regulations, policies, or requirements.
6.0
FUNDING
6.1
The County shall provide the Subrecipient with $5,500,000 in Assistance Listing
Number (ALN) 21.023, American Rescue Plan Act Emergency Rental Assistance
provided to the County through the U.S. Department of Treasury.
6.2
Funding expenditures are:
6.2.1
A maximum of $5,000,000 to be spent to provide rental and utility
assistance to eligible residents; and
6.2.2
A maximum amount of $500,000 of funds for administrative costs.
7.0
AVAILABILITY OF FUNDS
7.1
This Agreement and the Parties’ obligations under it shall become effective when
funds assigned for the purpose of compensating the Subrecipient are available to
the County for disbursement. The County shall be the sole authority in determining
the availability of funds under this Agreement, and the County shall keep the
Subrecipient fully informed as to the availability of funds.
7.2
If any action is taken by any federal, state, local agency, or any other agency or
instrumentality other than the Parties to amend, suspend, or terminate its fiscal
obligation under or provided in connection with this Agreement, then the Parties may
amend, suspend, or terminate this Agreement. In the event of termination, the
Parties shall be liable for payment only for services rendered prior to the effective
date of the termination, provided that such services were performed in accordance
with the provisions of this Agreement. The Parties shall give written notice of their
intent to suspend performance or intent to terminate this Agreement under this
section at least ten (10) calendar days in advance.
8.0
RESPONSIBILITIES OF ORGANIZATIONS
8.1
The County Shall:
8.1.1
Review invoices submitted by the Subrecipient and reimburse the
Subrecipient for rental and utility assistance to eligible households.
8.1.2
Report to the U.S. Department of Treasury on the Subrecipient’s use of
funds.
8.2
The Subrecipient shall:
8.2.1
Provide rental and utility assistance to qualifying households of the City of
Mesa and its unincorporated areas. Services are to assist with stabilization
of the households’ immediate basic needs:
8.2.1.1
Provide rental and utility financial assistance services to income-
eligible households who are unable to meet their basic housing
needs with their own income or resources and are experiencing
an economic hardship as a result of the COVID-19 pandemic.
8.2.1.1.1
Utility assistance is limited to gas, electric, water, trash,
and sewer.
8.2.1.2
The Subrecipient shall track and report rental assistance and
utility assistance expenditures separately.
8.2.2
Determine Eligibility:
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City of Mesa ERA
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8.2.2.1
Eligible applicants must demonstrate a reduction or loss of
income or increased expenses due to COVID and provide a
documented COVID impact occurring not before April 1, 2020.
8.2.2.2
Utilizing the Area Median Income (80%) to determine eligibility
for assistance.
8.2.2.3
Eligible applicants must have an existing lease agreement.
8.2.2.4
Eligible applicants must have rent and/or utilities owed, which is
verified by either the landlord or property management company
or the applicable utility company in writing.
8.2.2.5
The Subrecipient shall determine eligibility in accordance with
ERA 1.0 guidance and regulations established by the U.S.
Department of Treasury.
8.2.3
Process applications for financial assistance to include:
8.2.3.1
Emergency Rental and Utility Assistance: Allow payments for up
to 15 months of rent and utilities owed for months not before April
1, 2020:
8.2.3.1.1
Rental assistance may include utility payments when
utilities are included in rent.
8.2.3.1.2
Rental and utility assistance may include any fees
that are on the account.
8.2.3.1.3
The Subrecipient shall prioritize and process
applications in accordance with ERA guidance and
regulations established by the U.S. Department of
Treasury.
8.2.4
Process rental and utility assistance payments:
8.2.4.1
For approved households receiving rental and/or utility
assistance payments, the Subrecipient or its designee shall
process checks payable and/or electronic funds transfers (EFT)
in accordance with applicable ERA guidance and regulations
established by the U.S. Department of Treasury.
8.2.5
Service Requirements:
8.2.5.1
The Subrecipient shall adhere to the following service
requirements:
8.2.5.1.1
Determine eligibility for households applying for ERA
1.0;
8.2.5.1.2
Utilize a case management database to record
services provided to households; and
8.2.5.1.3
Maintain files and confidential information on each
household, whether paper-based or electronic, in a
secure manner.
8.2.6
Program Standards/Guides:
8.2.6.1
The Subrecipient shall:
8.2.6.1.1
Ensure that no more than $500,000 under this
agreement is expended on administration, including
case management;
8.2.6.1.2
Ensure staff and volunteers do not provide direct
services
to
individuals
until
all
appropriate
Background Checks and Fingerprint clearances have
been completed with satisfactory results and ensure
that procedures are in place if the results are
unsatisfactory;
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City of Mesa ERA
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8.2.6.1.3
Provide staff and volunteers with supervision,
training,
equipment,
materials,
and
supplies
necessary to perform contracted services;
8.2.6.1.4
Maintain documentation that verifies staff have
received
relevant
training
required
to
assist
households;
8.2.6.1.5
Maintain documentation that key staff have either
received appropriate training or hold appropriate
certification/licensure in accordance with their roles,
responsibilities, and job descriptions;
8.2.6.1.6
Ensure that staff and volunteers do not have any
conflicts of interest in the provision of services and
management of programs; and
8.2.6.1.7
Reimburse the County for authorized payments that
do not meet the requirements under this Agreement,
and
ERA
1.0
service
requirements,
program
standards, or program guidelines.
8.2.7
Procedures for service provision:
8.2.7.1
The Subrecipient shall employ procedures for intake and
processing ERA 1.0 that are responsive to the needs of
households in crisis.
8.2.7.2
The
Subrecipient
shall
document
each
individual’s
or
household’s COVID-19 crisis reasons and services provided.
8.2.7.3
The Subrecipient shall obtain all hard copy or electronic
documents needed to verify household eligibility for assistance
and document such eligibility in the household’s case file.
8.2.8
Grievance Procedure:
The Subrecipient shall establish a system through which households may
file complaints or grievances regarding any work completed under this
Agreement or may appeal an eligibility decision made by the Subrecipient.
8.2.9
Reporting
8.2.9.1
The Subrecipient shall submit monthly reports identifying all
required information for the ERA Monthly Reports including total
number of participating households and the total amount of ERA
funds expended.
8.2.9.2
Monthly reports shall be due no later than 10 days after the end
of the reporting month.
8.2.9.3
The Subrecipient shall submit Quarterly Reports which shall
include all data components and measures for Reporting
Modules A through G described in Emergency Rental Assistance
Program: Reporting Guidance version 1 (dated June 30,2021).
8.2.9.4
Quarterly Report must be submitted not later than 10 calendar
days after end of the reporting period.
8.2.9.5
The Subrecipient shall ensure the report information included in
the submitted Monthly and Quarterly Reports pursuant to this
Agreement meets the standards set by the U.S. Treasury for
ERA Quarterly Reporting.
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City of Mesa ERA
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8.2.10 Compliance
The Subrecipient shall be responsible for compliance with federal, state, and
County requirements as they relate to the federal American Rescue Plan Act
Emergency Rental Assistance funding requirements.
9.0
COMPENSATION
9.1
The County shall provide financial assistance in an amount not to exceed the
amount listed on page 1 of this Agreement and subject to the terms of this
Agreement and availability of funds.
9.2
Subject to the availability and authorization of funds for the explicit purposes set forth
in this Agreement, the County will pay the Subrecipient compensation for services
rendered as indicated in the following subsections.
9.3
The Subrecipient shall be reimbursed utilizing Assistance Listing Number (ALN)
Number 21.023
9.4
The County shall reimburse the Subrecipient on a net 0 payments standard.
10.0
METHOD OF PAYMENT
10.1
The Subrecipient agrees to submit monthly reimbursement requests to the County.
10.2
The County agrees to reimburse the Subrecipient for actual allowable costs incurred,
following submittal by the Subrecipient of an itemized statement of actual allowable
expenditures incurred, supported by back-up documentation such as invoices and
copies of checks showing payment of invoices.
10.2.1 Invoiced expenditures must be separated between rental and utility
assistance provided.
10.2.2 Invoiced expenditures must be separated between administrative and
assistance provided.
10.3
The Subrecipient shall submit to the County a Request for Reimbursement of all
expenditures within the same fiscal year in which the expenditures are incurred. The
fiscal year runs July 1st through June 30th and all Requests for Reimbursement shall
be submitted no later than July 30th for the preceding fiscal year.
10.4
The Subrecipient shall submit invoices for services and for costs incurred to
hsdfinance@maricopa.gov.
10.5
Reimbursement by the County is not to be construed as final in the event that the
Department of the Treasury disallows reimbursement for the activity or any portion
thereof.
11.0
DISALLOWED COSTS
11.1
The applicable cost principles set forth in the Code of Federal Regulations, 48
C.F.R., Chapter 1, Subchapter E, Part 31 including later amendments and editions
on file with the Arizona Secretary of State and incorporated by this reference, shall
be used to determine the allowability of incurred costs for the purpose of reimbursing
costs under Agreement provisions that provide for the reimbursement of costs.
Those costs that are specifically defined as unallowable in 48 C.F.R., Chapter 1,
Subchapter E, Part 31 therein will not be submitted for reimbursement by the
Subrecipient and may not be reimbursed with County funds.
11.2
The Subrecipient shall follow cost principles as outlined in Office of Management
and Budget (OMB) Uniform Guidance, 2 C.F.R. §§ 200, et seq.
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City of Mesa ERA
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12.0
FINAL REIMBURSEMENT UPON CONTRACT TERMINATION
12.1
Prior to or following termination of this Agreement, at the date identified on page 1
of this Agreement, or as may be amended, the Subrecipient shall submit the final
reimbursement request.
12.1.1 This request shall be submitted no later than 10 calendar days after the
termination date.
12.1.2 The final progress report, and any other required reports that may be
applicable, shall be submitted with the final reimbursement request.
13.0
TERMINATION
13.1
Under A.R.S. § 38-511, the Parties may cancel this Agreement without penalty or
further obligation within three years after execution of this Agreement, if any person
significantly involved in initiating, negotiating, securing, drafting or creating this
Agreement on behalf of a Party is at any time while this Agreement or any extension
of this Agreement is in effect, is or becomes an employee or agent of any other Party
to this Agreement in any capacity or consultant to any other Party to this Agreement
with respect to the subject matter of this Agreement. Additionally, pursuant to A.R.S.
§ 38-511, a Party 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 Party from any other Party to this Agreement arising as
the result of this Agreement. A cancellation notice made under this Subparagraph
shall be effective when the recipient receives a written notice of cancellation unless
the notice specifies a later date.
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 a Party
under the Availability of Funds provision). The notice shall be given by either
personal delivery or registered or certified mail, postage prepaid and return receipt
requested, to the persons at the addresses set forth in Section 14 of this Agreement.
13.3
A Party has the right to terminate this Agreement upon twenty-four (24) hour notice
when it deems the health or welfare of the service recipients are endangered or
when the other Party’s noncompliance jeopardizes funding source financial
participation. If not terminated by one of the above methods, then this Agreement
will terminate upon the expiration of the Term of this Agreement stated on page 1 of
this Agreement.
13.4
In accordance with 2 C.F.R. §§ 200, et seq., the County may suspend or terminate
this Agreement if the Subrecipient violates any material term or condition of this
Agreement or if the Subrecipient fails to maintain a good-faith effort to carry out the
purpose of this Agreement.
13.5
The Parties may terminate this Agreement for convenience in accordance with 2
C.F.R. § 200. The Parties shall agree upon the termination conditions including the
effective date of the termination. The Party initiating the termination shall notify the
other Parties in writing stating the reasons for such termination.
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City of Mesa ERA
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14.0
NOTICES
Notifications and communications concerning this Agreement shall be directed to the
following:
Subrecipient:
Mary Brandon, Deputy Director
City of Mesa Community Services and
Housing Authority
(480) 644-5852
Mary.Brandon@mesaaz.gov
20 East Main Street
Mesa, AZ 85201
Maricopa County:
Jacqueline Edwards, Deputy Director
Maricopa
County
Human
Services
Department
(602) 506-4812
Jacqueline.Edwards@maricopa.gov
234 N. Central Avenue 3rd Floor
Phoenix, AZ 85004
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 Subrecipient agrees that no individual performing under this Agreement on
behalf of the Subrecipient 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
Subrecipient 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 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 Subrecipient agent, employee, or representative and
that no rights of Subrecipient civil service, Subrecipient retirement, or Subrecipient
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 Subrecipient 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 Subrecipient 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.
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City of Mesa ERA
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17.0
GENERAL REQUIREMENTS
17.1
The terms of this Agreement shall be construed in accordance with Arizona law and
the applicable laws and regulations of the American Rescue Plan Act. Any lawsuit
arising out of this Agreement shall be brought in the appropriate court in Maricopa
County, Arizona.
17.2
The Subrecipient shall, without limitation, obtain and maintain all licenses, permits
and authority necessary to do business, render services and perform work under
this Agreement, and shall comply with all laws regarding unemployment insurance,
disability insurance and worker's compensation.
17.3
The Subrecipient is an independent contractor in the performance of work and the
provision of services under this Agreement and is not to be considered an officer,
employee, or agent of the County.
17.4
The Subrecipient shall comply with the applicable regulations prohibiting a conflict
of interest. The Subrecipient shall not make any payments, either directly or
indirectly, to any person, partnership, corporation, trust, or other organization that
has a substantial interest in Subrecipient's organization or with which the
Subrecipient (or any of its directors, officers, owners, trust certificate holders, or a
relative thereof) has a substantial interest, unless the Subrecipient has made full
written disclosure of the proposed payments to the County and has received written
approval for the payments.
17.5
For purposes of this provision, the terms "substantial interest" and "relative" shall
have the meanings prescribed by A.R.S. § 38-502.
17.6
The Parties specifically acknowledge and agree that, notwithstanding anything to
the contrary in this Agreement, any reference to a requirement pertaining to a
statute, ordinance, law, rule, regulation, or published guidance/circular shall apply
only insofar as the statute, ordinance, law, rule, regulation, or published
guidance/circular is applicable to this Agreement and the Party against whom the
requirement is being enforced.
18.0
ACCEPTANCE OF FUNDS
Subrecipient hereby accepts the award of funds under the terms of this Agreement and
agrees to execute and return this Agreement to the County within thirty (30) days after
receipt, unless Subrecipient receives a written waiver of this requirement by the County.
19.0
ASSIGNMENT AND SUBCONTRACTING
19.1
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 County. The Subrecipient shall bear all liability under this Agreement, even if it
is assigned, delegated, or subcontracted, in whole or in part, unless the County
agrees otherwise.
19.2
In accordance with 2 C.F.R. §200.331, the Subrecipient may make a “Subaward” as
a pass-through entity for the purpose of carrying out a portion of the federal award.
The Subrecipient will make determinations classifying recipients of federal funds as
a Subrecipient.
20.0
DISPUTES
20.1
Except as may otherwise be 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, which shall not exceed one hundred twenty (120) calendar days.
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Disputes which are not resolved in that time period, shall be submitted in accordance
with the following formal dispute resolution process.
20.2
If a dispute cannot be resolved informally, then the Subrecipient shall notify the
Department in writing by mailing notice of the dispute to the Department’s Deputy
Director (“Deputy Director”) within ten (10) business days from expiration of the
informal dispute resolution process described in Subparagraph 20.1 above.
20.3
The Deputy Director shall respond in writing to the Subrecipient within fourteen (14)
business days. The decision of the Deputy Director shall be final and conclusive
unless, within seven (7) business days after the date the Subrecipient is served with
the decision, the Subrecipient files a written notice of appeal with the Human
Services Department Director.
20.4
The Human Services Department Director shall provide the Subrecipient with a
written response within fourteen (14) business days following receipt of the notice of
appeal. The decision of the Director shall be final and not appealable.
20.5
Pending a final decision of the Director, the Subrecipient shall diligently proceed with
its performance of this Agreement in accordance with the Deputy Director’s decision.
21.0
SEVERABILITY
Any provision of this Agreement that is determined to be invalid, void, or illegal by a court
shall in no way affect, impair, or invalidate any other provision of this Agreement, and the
remaining provisions shall remain in full force and effect.
22.0
STRICT COMPLIANCE
A 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.
23.0
SINGLE AUDIT ACT REQUIREMENTS
The Subrecipient is in receipt of federal funds through the County and is subject to the
federal audit requirements of the Single Audit Act of 1984, as amended (Pub. L. No. 98-502)
(codified at 31 U.S.C. § 7501, et seq.). The Subrecipient shall comply with 2 C.F.R. 200,
Subpart F. Upon completion, such audits shall be made available for public inspection.
Audits shall be made available to the County within the twelve (12) months following the
close of the fiscal year. The Subrecipient shall take corrective actions within six (6) months
of the date of receipt of audit findings. The County shall consider sanctions as described in
2 C.F.R. § 200.505 if it is determined by HUD or the County that the Subrecipient is not in -
compliance with the audit requirements.
24.0
AUDIT REQUIREMENTS
24.1
Subrecipient acknowledges its requirements under A.R.S. § 9-481 related to
audits. Subrecipient is required pursuant to A.R.S. § 9-481(E) to post in a
prominent location on Subrecipient’s website a copy of the financial statements
submitted to the Arizona Auditor General. Subrecipient’s annual financial reports
are available at website listed below:
https://www.mesaaz.gov/government/accounting
24.2
The Subrecipient shall submit a copy of the final A.R.S. § 9 481 audit report that
contains information on County provided ERA 1.0 funds provided pursuant to this
Agreement, within ten (10) days of posting on the Subrecipient’s website
referenced above, which shall occur following the end of the 2022/2023 fiscal year
and such audit is estimated to be complete in March 2024.
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25.0
AUDIT DISALLOWANCES
25.1
The Subrecipient shall, upon written notice, reimburse the County for any payments
made under this Agreement that are disallowed by a federal, state, or County audit
in the amount of the disallowance. Court costs and attorney and expert fees incurred
will be specifically identified as applicable to the recovery of the disallowed costs in
question.
25.2
If the County determines that a cost for which payment has been made is a
disallowed cost, then the County will notify the Subrecipient in writing of the
disallowance and the required course of action, which shall be at the option of the
County, either to adjust any future claim submitted by the Subrecipient by the
amount of the disallowance or to require immediate repayment of the disallowed
amount by the Subrecipient issuing a check payable to the County.
26.0
PROPERTY
26.1
Any County property furnished or purchased pursuant to the terms of this Agreement
shall be utilized, maintained, repaired, and accounted for in accordance with
instructions furnished by the County, and title to all such property shall revert to the
County upon the expiration or termination of this Agreement. The costs to repair
such property are the responsibility of the Subrecipient within the limits budgeted in
this Agreement.
26.2
Any Subrecipient property furnished or purchased pursuant to the terms of the
Agreement shall be utilized, maintained, repaired, and accounted for by the
Subrecipient. Repair costs of such property shall be the responsibility of the
Subrecipient.
27.0
LIMITATION ON LIABILITY
27.1
The County and its agents, representatives, officials, officers, directors,
employees, volunteers, departments, agencies, boards, committees, and
commissions shall not be liable for any act or omission by the Subrecipient 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 Agreement, nor shall the County and its agents,
representatives, officials, officers, directors, employees, volunteers, departments,
agencies, boards, committees, and commissions be liable for purchases or
contracts made by the Subrecipient or any and all of its agents, representatives,
officials, officers, directors, employees, volunteers, departments, agencies,
boards, committees, or commissions in connection with this Agreement.
27.2
The Subrecipient and its agents, representatives, officials, officers, directors,
employees, volunteers, departments, agencies, boards, committees, and
commissions shall not be liable for any act or omission by the County 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 Agreement, nor shall the Subrecipient and its
agents, representatives, officials, officers, directors, employees, volunteers,
departments, agencies, boards, committees, and commissions be liable for
purchases or contracts made by the County or any and all of its agents,
representatives, officials, officers, directors, employees, volunteers, departments,
agencies, boards, committees, or commissions in connection with this Agreement.
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28.0
GENERAL INDEMNIFICATION
Each Party (as “Indemnitor”) agrees to indemnify, defend, and hold harmless the other
Party (as “Indemnitee”) from and against any and all claims, losses, liability, costs, or
expenses (including reasonable attorney and expert fees) (collectively referred to as
“Claims”) either arising from or related to breach of this Agreement, but only to the extent
that such Claims are caused by the act, omission, negligence, misconduct, or other fault
of the Indemnitor and any and all of its agents, representatives, officials, officers,
directors, employees, volunteers, departments, agencies, boards, committees, and
commissions.
29.0
INSURANCE
Each Party is a public entity. For such reason, insurance policy requirements shall not apply.
Instead, each Party shall provide the other Party a Certificate of Self-Insurance equal to:
General Aggregate
$3,000,000
Each Occurrence Limit
$1,000,000
30.0
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. The provision applies to work performed
by Subrecipients or Subcontractors at all tiers.
31.0
TECHNICAL ASSISTANCE
The County will provide reasonable technical assistance to the Subrecipient to assist in
complying with state and federal laws, and regulations, and accountability for diligent
performance and compliance with the terms and conditions of this Agreement and all
applicable laws, regulations, and standards. However, this assistance in no way relieves the
Subrecipient of full responsibility and accountability for its actions and performance in
compliance with the terms of this Agreement.
32.0
STAFF AND VOLUNTEER TRAINING
The County may make available to the Subrecipient the opportunity to participate in any
applicable training activities conducted by the County.
33.0
CLEAN AIR ACT
If the total face value of this Agreement exceeds $100,000, the Subrecipient agrees 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.
34.0
LOBBYING
34.1
No federal appropriated funds have been paid or will be paid by or on behalf of the
Subrecipient 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
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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.
34.2
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 Subrecipient shall complete and submit OMB
Form-LLL, titled "Disclosure of Lobbying Activities," in accordance with its
instructions and 31 U.S.C. § 1352.
35.0
RELIGIOUS ACTIVITIES
The Subrecipient warrants that none of its costs and none of the costs incurred by the
Subrecipient or any of its Subcontractors will include any expense for any religious activities.
36.0
POLITICAL ACTIVITY PROHIBITED
None of the funds, materials, property, or services contributed by the County or the
Subrecipient or any Subcontractor 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 Subrecipient 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.
38.0
RIGHTS IN DATA
The County shall have the use of data and reports resulting from this Agreement without
cost or other restriction, except as otherwise provided by law or applicable regulation. Each
Party shall supply to the other Party, upon request, any available information that is relevant
to this Agreement and to the performance under it.
39.0
COPYRIGHTS
If this Agreement results in a book or other written material, the author is free to copyright
the work, but the County reserves a royalty-free, nonexclusive, perpetual and irrevocable
license to reproduce, publish, and otherwise use and to authorize others to use, all
copyrighted material and all material that may be copyrighted as a result of this Agreement.
40.0
AGREEMENT COMPLIANCE MONITORING/AUDITING
40.1
The County will annually monitor the Subrecipient's compliance for fiscal and
programmatic performance under the terms and conditions of this Agreement and
applicable regulations promulgated by the U.S. Department of Housing and Urban
Development and Maricopa County. On-site visits for compliance monitoring may
be made by the County or its grantor agencies (or by both the County and its grantor
agencies) at any time during the Subrecipient's normal business hours, announced
and/or unannounced. For auditing purposes, the County shall provide the
Subrecipient with 30-days’ advance notice of any proposed on-site visit. During an
on-site visit(s), the Subrecipient shall make all of its records and accounts related to
work performed or services provided under this Agreement available to the County
for inspection and copying.
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40.2
The County shall request information for fiscal monitoring/audit per Office of
Management and Budget (OMB) Uniform Guidance 2 C.F.R. § 200, to include:
40.2.1 Financial Management 2 C.F.R. § 200.302
40.2.2 Internal Controls 2 C.F.R. § 200.303
40.2.3 Bonds 2 C.F.R. § 200.304
40.2.4 Federal Payment 2 C.F.R. § 200.305
40.2.5 Cost Sharing or Matching 2 C.F.R. § 200.306
40.2.6 Program Income 2 C.F.R. § 200.307
40.2.7 Revision of Budget and Program Plans 2 C.F.R. § 200.308
40.2.8 Modifications to Period of Performance 2 C.F.R. § 200.309
40.2.9 Insurance Coverage 2 C.F.R. § 200.310
40.2.10
Record Retention and Access 2 C.F.R. §§ 200.334 – 200.338
40.2.11
General Procurement Standards 2 C.F.R. § 200.318
40.2.12
Indirect (F&A) Costs 2 C.F.R. § 200.414
40.2.13
Compensation-Personal Services 2 C.F.R. § 200.430
40.2.14
Audit Requirements 2 C.F.R. §§ 200.501-200.517
41.0
CONTINGENCY RELATING TO OTHER AGREEMENTS AND GRANTS
41.1
The Subrecipient shall, during the term of this Agreement, within 15 business days
from acceptance, inform the Deputy Director in writing of the award of any other
agreement or grant, including any other agreement or grant awarded by the County,
where the award may affect either the direct or indirect costs being paid or
reimbursed under this Agreement. The Subrecipient’s failure to notify the County of
any such agreement shall be a breach of this Agreement and the County may
immediately terminate this Agreement without liability.
41.2
The Deputy Director may request, and Subrecipient shall provide within a
reasonable time, which shall not exceed ten (10) business days, a copy of all such
other agreements or grants, when, in the opinion of the Deputy Director, the award
of the agreement or grant may affect the costs being paid or reimbursed under this
Agreement.
41.3
If the Deputy Director determines that the award to the Subrecipient of such other
agreements or grants has affected the costs being paid or reimbursed under this
Agreement, then the Director shall prepare an amendment to this Agreement
effecting a cost adjustment. If the Subrecipient disputes the proposed cost
adjustment, then the dispute shall be resolved pursuant to the "Disputes" paragraph
of this Agreement.
42.0
MINIMUM WAGE REQUIREMENTS
The Subrecipient warrants that it shall pay all of its employees who are engaged in either
performing work or providing services under the terms of this Agreement not less than the
minimum wage specified under Section 206(a)(1) of the Fair Labor Standards Act of 1938,
as amended (29 U.S.C. §§ 201, et seq.), by law and regulation, and, as applicable,
Executive Order 13658, as amended, and as specified by Arizona law.
43.0
RECOGNITION OF COUNTY SUPPORT
The Subrecipient shall give recognition to the County and the funding source for its support
when the Subrecipient publishes materials or releases public information that is paid for in
whole or in part with funds received by the Subrecipient under this Agreement.
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44.0
NONDISCRIMINATION, EQUAL OPPORTUNITY AND EQUAL ACCESS
The Subrecipient, in connection with any services or other activities under this Agreement,
shall not in any way discriminate against any person on the grounds of race, color, religion,
sex, national origin, age, disability, political affiliation or belief. The Subrecipient shall include
this clause in all its Subcontracts.
45.0
DISABILITY REQUIREMENTS
The Subrecipient agrees that any electronic or information technology offered under this
Agreement shall comply with A.R.S. §§41-2531 and 41-2532 and Section 508 of the
Rehabilitation Act of 1973, which requires that employees and members of the public shall
have access to and use of information technology that is comparable to the access and
use by employees and members of the public who are not individuals with disabilities.
46.0
EQUAL EMPLOYMENT OPPORTUNITY
46.1
The Subrecipient 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.
46.2
The Subrecipient 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.
46.3
The Subrecipient shall and shall cause its Subcontractors to comply with:
46.3.1 Title VI and VII of the Civil Rights Act of 1964, as amended (42 U.S.C. §§
2000a, et seq.);
46.3.2 the Rehabilitation Act of 1973, as amended (29 U.S.C. §§ 701, et seq.);
46.3.3 the Age Discrimination in Employment Act of 1967, as amended (29 U.S.C.
§§ 621, et seq.);
46.3.4 the Americans With Disabilities Act of 1990 (42 U.S.C. §§ 12101, et seq.);
and
46.3.5 Arizona Executive Order 2009-09, as amended, which mandates that all
persons shall have equal access to employment opportunities.
47.0
UNIFORM ADMINISTRATIVE REQUIREMENTS
By entering into this Agreement, the Subrecipient agrees to comply with all applicable
provisions of Title 2, Subtitle A, Chapter II, Part 200—UNIFORM ADMINISTRATIVE
REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL
AWARDS contained in Title 2 C.F.R. §§ 200, et seq.
48.0
FINANCIAL MANAGEMENT
The Subrecipient shall establish and maintain a separate, interest-bearing bank account for
money provided under this Agreement, or shall establish an accounting system that assures
the safeguarding and accountability of all money and assets provided under this Agreement.
No part of the money deposited in the bank account shall be commingled with other funds
or money belonging to the Subrecipient. All interest earned on the account shall be
disbursed in a manner specified by the County in accordance with applicable State of
Arizona and federal regulations. The Subrecipient shall provide a signed bank account
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agreement authorizing the County to obtain information about the account. If an accounting
system is used, then it shall be in accordance with generally accepted accounting principles.
49.0
RETENTION OF RECORDS
49.1
This provision applies to all financial and programmatic records, supporting
document, statistical records, and other records of the Subrecipient that are related
to this Agreement.
49.2
The Subrecipient shall retain all records relevant to this Agreement for six (6) years
after final payment or until after the resolution of any audit questions which could be
more than six (6) years, whichever is longer, and the County, federal and state
auditors and any other persons duly authorized by the County shall have full access
to, and the right to examine, copy, and make use of any and all of the records.
50.0
ADEQUACY OF RECORDS
If the Subrecipient’s books, records and other documents related to this Agreement are not
sufficient to support and document that allowable services were provided to eligible
participants, then the Subrecipient shall reimburse the County for the services not supported
and documented.
51.0
IMMIGRATION LAWS AND REGULATIONS
51.1
Federal Immigration and Nationality Act
51.1.1 The Subrecipient understands and acknowledges the applicability of the
Immigration Reform and Control Act of 1986 (IRCA). The Subrecipient
agrees to comply with the IRCA in performing under this Agreement and to
permit the County to inspect personnel records to verify such compliance.
51.1.2 By entering into this Agreement, the Subrecipient 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 Subrecipient shall obtain statements from their
Subcontractors certifying compliance and shall furnish the statements to
the County upon request. These warranties shall remain in effect through
the term of the Agreement. The Subrecipient 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.
51.1.3 The Subrecipient may request verification of compliance for any employee
or Subcontractor performing work under the Agreement. Should the County
suspect or find that the Subrecipient or any of its Subcontractors are not in
compliance, then the County may pursue any and all remedies allowed by
law, including, but not limited to: suspension of work, termination of the
Agreement for default, and suspension or debarment (or both) of the
Subrecipient. All costs necessary to verify compliance are the responsibility
of the Subrecipient or its Subcontractor.
51.2
Arizona Law: The Subrecipient warrants that it is in compliance with A.R.S. § 41-
4401 (e-verify requirements) and further acknowledges that:
51.2.1 That then Subrecipient and its Subcontractors, if any, warrant their
compliance with all federal immigration laws and regulations that relate to
their employees and their compliance with A.R.S. § 23-214;
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51.2.2 A breach of a warranty under this Subparagraph 51.2 shall be deemed a
material breach of this Agreement and the County may immediately
terminate this Agreement without liability; and
51.2.3 The County and any contracting government entity retain the legal right to
inspect the papers and employment records of any Subrecipient or Vendor
employees who works on this Agreement to ensure that the Subrecipient or
Subcontractor is complying with the warranty provided under this
Subparagraph 51.2 and that the Subrecipient agrees to make all papers and
employment records of those employees available during normal working
hours in order to facilitate such an inspection.
52.0
DRUG FREE WORKPLACE ACT
The Subrecipient shall comply with the Drug-Free Workplace Act of 1988 (41 U.S.C. §§ 701,
et seq.), which requires that Subrecipients and grantees of federal funds must certify that
they will provide drug-free workplaces. This certification is a precondition to receiving a grant
or entering into this Agreement.
53.0
CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY AND
VOLUNTARY EXCLUSION
53.1
The undersigned, by signing this Agreement, represents that he/she has the
authority to bind the Subrecipient to the terms of this Certification. The Subrecipient,
as the primary participant in accordance with 2 C.F.R. Part 180, certifies to the best
of its knowledge and belief that it and its principals:
53.1.1 Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any federal
department or agency;
53.1.2 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 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;
53.1.3 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 53.1.2 above; and
53.1.4 Have not, within a three-year period preceding this Start Date of this
Agreement, had one or more public transactions (federal, state, or local)
terminated for cause or default.
53.2
The Subrecipient agrees 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.
54.0
SUBRECIPIENT EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO
INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS:
54.1
The Subrecipient agrees that this Agreement and employees working on this
Agreement will be subject to the whistleblower rights and remedies 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;
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54.2
The Subrecipient shall inform its employees in writing, in the predominant
language of the workforce, of employee whistleblower rights and protections under
41 U.S.C. § 4712, as described in Section 3.908 of the Federal Acquisition
Regulation. Documentation of such employee notification must be kept on file by
the Subrecipient and copies provided to County upon request; and
54.3
The Subrecipient shall insert the substance of this clause, including this Paragraph
54.0, in all subcontracts over the simplified acquisition threshold ($250,000 as of
June 2021).
55.0
WRITTEN CERTIFICATION PURSUANT TO A.R.S. § 35-393.01
If the Subrecipient 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 Subrecipient certifies it is not
currently engaged in, and agrees for the duration of this Agreement not to engage in, a
boycott of goods and services from Israel. This certification does not apply to a boycott
prohibited by 50 U.S.C. § 4842 or a regulation issued pursuant to 50 U.S.C. § 4842.
56.0
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.
57.0
DEFAULT AND REMEDIES FOR NONCOMPLIANCE
57.1
Notwithstanding anything to the contrary, this Section shall not be deleted or
superseded by any other provision of this Agreement.
57.2
This Agreement may be immediately terminated by either Party if the other Party
defaults by failing to perform any material objective or breaches any material
obligation under this Agreement, or any event occurs that materially jeopardizes a
Party’s ability to perform any of its obligations under this Agreement. A Party will
not be in default until the other Party provides reasonable notice of the default, and
an opportunity to cure, which shall be a minimum of thirty (30) days.
57.3
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, has not been paid),
the reimbursement of funds improperly expended, or the recovery of funds
improperly acquired. Noncompliance includes, but is not limited to:
57.3.1 Non-performance of any material obligations required by this Agreement.
57.3.2 Noncompliance with any applicable federal, state, or local laws, rules, or
regulations.
57.3.3 Unauthorized expenditure of funds.
57.3.4 Noncompliance with applicable financial record requirements, accounting
principles, or standards established by OMB circulars and 2 C.F.R. § 200
et seq.
57.3.5 Noncompliance with recordkeeping, record retention, or reporting
requirements.
57.4
Notwithstanding the suspension or termination of this Agreement, or the final
determination of the proper disposition of funds, the defaulting Party shall, without
intent to limit or with restrictions, be subject to the following:
57.4.1 Acknowledge that suspension or termination of this Agreement does not
affect or terminate any rights against the defaulting Party at the time of
suspension or termination, or that may accrue later. Nothing herein shall
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be construed to limit or terminate any right or remedy available under
Agreement or rule.
57.4.2 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.
57.5
The defaulting 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 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 funds; the incorrect or
improper disposition of funds; any violation of any applicable federal, state, or local
law, rule, or regulation; or the breach of any certification or warranty provided in
this Agreement.
58.0
ADMINISTRATIVE REQUIREMENTS
58.1
Accounting Standards - The Subrecipient agrees to comply with this Agreement
and to adhere to the accounting principles and procedures required to utilize
adequate internal controls and maintain necessary source documentation for all
costs incurred, as well as any applicable federal laws and regulations. The
Subrecipient further agrees to maintain an adequate accounting system that
provides for appropriate grant accounting (including calculation of program
income, if any).
58.2
Repayment of Funds – The Subrecipient agrees to repay funds provided under
this Agreement for noncompliance with the terms of this Agreement. Repayment
shall be in accordance with the terms of this Agreement or the requirement of
applicable laws and regulations, including continuing use compliance. The County
may specify in writing, the terms of the repayment or alternative terms in lieu of
repayment. However, in no case shall repayment or alternative terms be
accomplished later than sixty (60) calendar days following the written
determination of noncompliance by the County.
58.3
Documentation and Record Keeping - The Subrecipient agrees to comply with this
Agreement and the following record keeping requirements:
58.3.1 Records to be maintained - The Subrecipient shall maintain all financial
records as required by 2 C.F.R. § 200, and OMB Circulars;
58.3.2 UEI Number and SAM Profile - All Subrecipients shall have a valid Duns
and Bradstreet (DUNS) number and an active profile in the Federal System
for Award Management (SAM).
58.3.2.1
To
obtain
a
DUNS
Number
use
this
link:
https://www.dnb.com/duns-number.html
58.3.3 Records Retention - The Subrecipient shall retain all records pertinent to
this Agreement for a period of six (6) years after all ERA requirements have
been met. In the event of litigation, a claim, or an audit is begun before the
expiration of this retention period, said records shall be retained until all
such action or audit findings involving the records have been resolved.
58.3.4 Disclosure - The Subrecipient understands that client information collected
under this Agreement is private and the use or disclosure of such
information, when not directly connected with the administration of the
County's or the Subrecipient's responsibilities with respect to services
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provided under this Agreement, is prohibited unless written consent is
obtained from such person receiving service.
58.3.5 Property Records - The Subrecipient shall maintain property and
equipment inventory records that clearly identify properties and equipment
purchased, improved, or sold. Properties and equipment retained shall
continue to meet eligibility criteria and shall conform to the use of property
and equipment.
IN WITNESS, the Parties have approved and signed this Agreement:
APPROVED BY:
THE CITY OF MESA
APPROVED BY:
MARICOPA COUNTY
___________________________________
Name Date
Title
____________________________________
Bill Gates Date
Chairman, Board of Supervisors
Attested to:
City Clerk Date
Attested to:
Juanita Garza Date
Clerk of the Board
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 MESA UNDER
THE LAWS OF THE STATE OF ARIZONA.
APPROVED AS TO FORM:
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:
Deputy County Attorney Date