FINAL-MCPHD IGA 2021 LHCP GRANT.PDF
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City Contract No.
INTERGOVERMENTAL AGREEMENT
Between
THE CITY OF PHOENIX
And
MARICOPA COUNTY
On behalf of
NEIGHBORHOOD SERVICES DEPARTMENT
This Intergovernmental Agreement (“Agreement”) entered into this 1st day of January
2022 by and between the City of Phoenix, an Arizona municipal corporation (“City”), for
and on behalf of the Neighborhood Services Department (“City”) and Maricopa County
(“County”).
RECITALS
A.
WHEREAS, the City is empowered, pursuant to Arizona Revised Statute, Section
11-951 through 11-954, as amended, and Chapter IV Sections 18 and 64, Charter, City
of Phoenix to enter into this Intergovernmental Agreement and has, by ordinance,
authorized the undersigned City of Phoenix representatives to execute this Agreement
on behalf of the City.
B.
WHEREAS, the County is empowered, pursuant to Arizona Revised Statute,
Sections 11-201, 11-952, and 11-251 (paragraph 17), as amended, to enter into this
Intergovernmental Agreement and has, by resolution approved by the County Board of
Supervisors, authorized the undersigned to execute this Agreement on behalf of the
County; and
C.
WHEREAS, the City has received certain funds pursuant of Section 1011 of the
Residential Lead Based Paint Act of 1992 and the Department of Veteran’s Affairs,
Housing and Urban Development and Independent Agencies Appropriations Act of 1994
as part of a LEAD BASED PAINT HAZARD REDUCTION GRANT (the “Grant”).
D.
WHEREAS, the City is authorized to utilize the Grant in accordance with the rules
and regulations prescribed by the United States Department of Housing and Urban
Development (HUD).
E.
WHEREAS, Ordinance S-47511 dated May 5, 2021 authorized the City to enter
into an agreement with Maricopa County Department of Public Health, as necessary to
implement the program.
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F.
WHEREAS, the City has proposed that a portion of the Grant funds be allocated
to the County for the purposes of education, blood testing of children and case
management as further described in Part C, Statement of Work.
G.
WHEREAS, the County desires to provide the services described herein to assist
the City in providing the services as stated in Part C.
H.
WHEREAS, this Agreement consists of three parts
Part A - General Provisions
Part B - Special Provisions
Exhibit B-1
Exhibit B-2
Exhibit B-3
Part C - Section 1 - Statement of Work
Section 2 - Budget and/or Consideration
NOW, THEREFORE, in consideration of the promises and mutual agreements contained
and described herein, the City and County agree as follows:
PART A
GENERAL PROVISIONS
1. WORK TO BE PERFORMED
The County shall, in a satisfactory manner, conduct the program as set forth in the
Statement of Work designated as Part C – Section 1 attached hereto and by this reference
made a part hereof.
2. TERMS OF AGREEMENT
This Agreement shall commence January 1, 2022, and shall be in full force and effect
only when it has been approved by the duly authorized City officials and filed with the
County Recorder. This Agreement shall remain in effect until May 14, 2025, unless
terminated earlier pursuant to the terms and provisions of this Agreement.
3. REPORTS, RECORDS AND EVALUATIONS
The City shall evaluate and provide guidance and direction to the County in the conduct
of activities designated under this Agreement. The County agrees to submit to the City
activity reports as set forth in Part B and Part C. The County agrees further that the City
and the funding source agency(s) may carry out monitoring and evaluation activities. The
County agrees to cooperate with the City in monitoring and evaluating activities and to
provide the City copies of all reports required to be submitted to the funding source
agency(s) for this purpose.
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4. COMPLIANCE WITH APPLICABLE LAWS
The County shall comply with all applicable laws, ordinances, Executive Orders, rules,
regulations, standards, and codes of the Federal, State and local governments, including
HUD, whether or not specifically referenced herein. In particular, the parties hereto shall
be subject to Maricopa County’s Internal Policy HR2406, Prohibition Against
Discrimination, Harassment, and Retaliation and the following:
A. Equal Employment Opportunity
1. In order to do business with the City, the County must comply with Phoenix
City Code, 1969, Chapter 18, Article V, as amended, Equal Employment
Opportunity Requirements. The County will direct any questions in regard
to these requirements to the Equal Opportunity Department, at 602-262-
6790.
2. Any supplier/lessee performing under this Agreement shall not discriminate
against any worker, employee or applicant, or any member of the public,
because of race, color, religion, sex, national origin, age, or disability, nor
otherwise commit an unfair employment practice. The supplier/lessee will
ensure that applicants are employed, and employees are dealt with during
employment without regard to their race, color, religion, sex, national origin,
age, or disability, and shall adhere to a policy to pay equal compensation to
men and women who perform jobs that require substantially equal skill,
effort, and responsibility, and that are performed within the same
establishment under similar working conditions. Such action shall include
but not be limited to the following: employment, promotion, demotion or
transfer, recruitment or recruitment advertising, layoff or termination; rates
of pay or other forms of compensation; and selection for training and
apprenticeship. The supplier/lessee further agrees not to discriminate
against any worker, employee or applicant, or any member of the public,
because of sexual orientation or gender identity or expression and shall
ensure that applicants are employed, and employees are dealt with during
employment without regard to their sexual orientation or gender identity or
expression.
3. Suppliers and lessees may be required to provide additional documentation
to the Equal Opportunity Department affirming that a nondiscriminatory
policy is being utilized.
4. The Equal Opportunity Department shall monitor the employment policies
and practices of suppliers and lessees subject to this article as deemed
necessary. The Equal Opportunity Department is authorized to conduct on-
site compliance reviews of selected firms, which may include an audit of
personnel and payroll records, if necessary.
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B. The County agrees to comply with the Drug-Free Workplace Act of 1988 (P.L.
100-690). This law requires that contractors and grantees of federal funds must
certify that they will provide drug-free workplaces. This certification is a
precondition to receiving a grant or contract.
C. The County agrees to comply with the “Disclosure of Lobbying Activities”
regulations (P.L. 101-121; 31 U.S.C. 1352). This law requires that contractors
and grantees of federal funds must certify that no federal funds are used for
lobbying activities and provides for penalties for failure to provide this
certification. This certification is a requirement of contracting.
D. The County agrees to abide by Executive Order 12549, Debarment and
Suspension (34 CFR, part 85, Section 85.510, Participant responsibilities),
published as Part VII of the May 26,1988 Federal Register (pages 19159-
19211).
E. The County shall comply with the Americans with Disabilities Act of 1990 (P.L.
101-336) and as may be amended.
F. The County shall, in the performance of this Agreement, act in compliance with
the City’s contract with the U.S. Department of Housing and Urban
Development’s Office of Lead Hazard Control and Healthy Homes. Copies of
the contract may be obtained by contacting the person to whom this proposal
is submitted.
G. The use of Disadvantaged/Minority-owned and Women-owned Business
Enterprises vendors which reflect business community ethnic composition is
strongly urged.
Appropriate
statistical and
Disadvantaged
Business
Enterprise/Minority-owned Business Enterprise/Women-owned Business
Enterprise certification information is available from the City’s Equal
Opportunity Department.
5. LEGAL WORKER REQUIREMENTS
The City is prohibited by Arizona Revised Statutes §41-4401 from awarding an agreement
to any entity who fails, or whose subcontractors fail, to comply with Arizona Revised
Statutes §23-214, subsection A. Therefore, County agrees that:
A. The County and each subcontractor it uses warrants their compliance with all
deferral immigration laws and regulations that relate to their employees and
their compliance with Arizona Revised Statues §23-214, subsection A.
B. A breach of warranty herein will be deemed a material breach of the Agreement
and is subject to penalties up to and including termination of the Agreement.
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C. The City retains the legal right to inspect the papers of the Contractor or
subcontractor employee(s) who work(s) on this Agreement to ensure that
Contractor or subcontractor is complying with the warranty herein.
6. COMPLIANCE WITH NON-DISCRIMINATION LAWS
The County shall comply with Title VII of the Civil Rights Act of 1964, as amended, the
Ade Discrimination in Employment Act, and Sate Executive Order No. 75-5 which
mandates that all persons, regardless of race, color, religion, sex, age, national origin or
political affiliation, shall have equal access to employment opportunities. The County shall
comply with the Rehabilitation Act of 1973, as amended, which prohibits discrimination in
the employment or advancement in employment of qualified persons because of physical
or mental handicap.
The County shall comply with Title VI of the Civil Rights Act of 1964, which prohibits the
denial of benefits of, or participation in, contract services on the basis of race, color, or
national origin. The County shall comply with the requirement of Section 504 of the
Rehabilitation Act of 1973, as amended, which prohibits discrimination on the basis of
disability, in delivering contract services.
7. INDEMNIFICATION
To the extent permitted by law, each party will indemnify and save the other party (as
“Non-Indemnifying Party(ies)) harmless, where the Non-Indemnifying Party(ies) includes
any of the Non-Indemnifying Party’s(ies’) departments, agencies, officers, employees,
elected officials or agents from and against all loss, damage or claim of any nature,
whatsoever, which is caused by any activity, condition or event arising out of the negligent
performance, or un-excused, non-performance by the Indemnifying Party(ies), or the
Indemnifying Party’s(ies’) departments, agencies, officers, employees, elected officials or
agents of any of the provisions of this Agreement.
Each Non-Indemnifying Party(ies), in all instances, shall be indemnified against all
liability, loss, expense, damage, or claim of any nature, whatsoever, for or on account of
any injuries, or death, of persons, or damages to, or destruction of, property arising out
of, or in any way connected with, the negligent performance or un-excused, non-
performance of this Agreement by the indemnifying Party(ies), except such and injury or
damage as shall have been occasioned by the negligence of the Non-Indemnifying
department, agencies, officers, employees, elected officers or agents shall include court
costs, expenses for litigation and reasonable attorneys’ fees.
8. INSURANCE
A. Insurance Requirements for Governmental Parties to an IGA: None.
B. Insurance Requirements for Any Subcontractors Used by a Party to this
Intergovernmental Agreement: The use of Subcontractors will require written
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approval by the City of Phoenix, and the establishment of updated insurance
requirements.
C. Approval: Any modification of variation from the insurance requirements in this
Agreement shall be made by the Law Department, whose decision shall be
final. Such action will not require a formal Agreement amendment but may be
made by administrative action.
9. BONDING
The Maricopa County Treasurer is authorized to act on behalf of the County for the
purpose of receiving or depositing funds into program accounts or issuing financial
documents, checks or other instrument of payment for program costs, shall evidence
fidelity bonding coverage in favor of the City in the amount of FIFTY THOUSAND
($50,000) DOLLARS.
10. NON-WAIVER ACTIVITY
The City of Phoenix, as a public entity supported by tax monies, in execution of its public
trust, cannot agree to waive any lawful or legitimate right to recover monies lawfully due
it. Therefore, the County agrees that it will not insist upon or demand any statement
whereby the City agrees to limit in advance or waive any right the City might have to
recover actual lawful damages in any court of law under applicable Arizona law.
11. EMPLOYMENT DISCLAIMER
This Agreement is not intended to constitute, create, give rise to, or otherwise recognize
a joint venture agreement, partnership or other formal business association or
organization of any kind, and the rights and obligations of the parties shall be only those
expressly set forth in this Agreement.
The parties agree that no individual performing under this Agreement on behalf of the
County is to be considered a City employee, and that no rights of City civil service, City
retirement, or City personnel rules shall accrue to such individual. The County shall have
total responsibility for all salaries, wages, bonuses, retirement, withholdings, worker’s
compensation, occupational disease compensation, unemployment compensation, other
employee benefits, and all taxes and premiums appurtenant thereto concerning such
individuals and shall save and hold the City harmless with respect thereto.
12. COVENANT AGAINST CONTINGENT FEES
The County warrants that no person or selling agent has been employed or retained to
solicit or secure this Agreement upon an agreement or understanding for a commission,
percentage, brokerage, or contingent fee, excepting bona fide employers or bona fide
established commercial or selling agencies maintained by the County for the purpose of
securing business. For breach of violation of this warranty, the City shall have the right to
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annul this Agreement without liability or in its discretion to deduct from the commission,
brokerage or contingent fee.
13. RESOLUTION OF DISPUTES
In the event of any dispute, claim, question, or disagreement arising from or relating to
this Agreement, or the breach thereof, the City and the County, hereto, shall use
reasonable efforts to settle the dispute, claim, question, or disagreement. Any dispute
concerning a question of fact arising under the Agreement which cannot be resolved by
the assigned Neighborhood Services Department staff and the County shall be decided
by the Neighborhood Services Director who shall render a decision in writing and mail or
otherwise furnish a copy thereof to the County. The County shall be afforded an
opportunity to present its position to Neighborhood Services Director. Pending resolution
of a dispute, the County shall proceed diligently with the performance of the Agreement
and in accordance with the Neighborhood Services Director’s decision.
14. COMPLIANCE WITH LAWS
The City and County will comply with all existing and subsequently enacted federal, state
and local laws, ordinances, codes, and regulations that are, or become applicable to this
Agreement. If a subsequently enacted law imposes substantial additional costs on the
City or County, a request for an amendment may be submitted pursuant to this
Agreement.
15. DELAY IN EXERCISING AGREEMENT REMEDY
Failure to exercise any right, power or privilege under this Agreement shall not operate
as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or
further exercise of that or any other right, power or privilege.
16. ASSIGNMENT OF AGREEMENT
This Agreement shall not be assigned in whole or in part without the City’s prior written
consent.
17. PAYMENT
The County recognizes the provisions of the City Code of the City of Phoenix which
require and demand that no payment be made to any County as long as there is any
outstanding obligation due the City and direct that any such obligation be offset against
payment due the County.
18. FUND APPROPRIATION CONTINGENCY
The County recognizes that this Amendment shall commence upon the day first provided
and continue in full force and effect until termination in accordance with its provisions.
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The County and the City herein recognize that the continuation of this Agreement after
the close of any given fiscal year of the City of Phoenix, which fiscal years end on June
30 of each year, shall be subject to the approval of the budget of the City of Phoenix
providing for or covering such contract item as an expenditure therein. The City does not
represent that said budget item will be actually adopted, said determination being the
determination of the City Council at the time of adoption of the budget.
19. CANCELLATION FOR NON-APPROPRIATIONS
The County and the City recognize that this Agreement may depend upon appropriation
of funds. If the County or the City fails to appropriate the necessary funds, of if the
appropriation for this Agreement is reduced during the fiscal year, the affected Party may
reduce the scope of this Agreement, if appropriate, or cancel this Agreement without
further duty or obligation. The County and the City will notify each other as soon as
reasonably possible after the affected Party(ies) know(s) of the loss of funds.
20. CITY AUDIT OF COUNTY RECORDS
The County agrees to retain all records relating to this Agreement and make them
available for inspection and audit by the City or its representative upon request.
The City reserves the right, at reasonable times, to audit all books, accounts, reports, files
and other records relative to the performance of service under this Agreement. All records
pertaining to this Agreement will be kept on a generally accepted accounting basis for a
period of five years following termination of the Agreement.
If records relate to disputes, litigation, or settlement of claims arising out of performance
of this Agreement, all applicable records must be retained until final resolution. Records
include but are not limited to invoices, contracts, cancelled checks, bank statements,
journals, ledgers, and accounting records whether prepared manually or electronic,
whether existing in physical or electronic form. If said records exist in electronic form, it is
incumbent upon the County to maintain a means of transferring said records to hardcopy
form.
If, following an audit of this Agreement, the audit discloses the County has provided false,
misleading, or inaccurate cost and pricing data, and the cost discrepancies exceed 1% of
the total Agreement billings, the County will be liable for reimbursement of the reasonable,
actual cost of the audit.
21. AUDIT REQUIREMENTS
As the County is a State or Local Government, the County will arrange to have this
Agreement audited in accordance with OMB Circular A-128. The County will insure that
the auditor lists in the Schedule of Federal Awards the expenditures that were expended
to this Agreement. A separate schedule should be attached detailing program income for
each contract. The audit report will be issued within a reasonable time after the end of the
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County’s fiscal year, but not later than six months after the expiration date of this
Agreement. In the event, however, that is Agreement extend beyond the end of the
County’s fiscal year, each portion of this Agreement will be audited as a part of the year
to which it adheres. However, this Agreement in total must be audited not later than six
months after the County fiscal year in which this Agreement terminates.
One copy of the audit report shall be submitted to the City upon completion.
22. ACCOUNTING
All accounting practices will be in conformance with generally accepted accounting
principles (GAAP). Separate accountability must be maintained for City funds (i.e., City
funds should not be commingled with other funds).
23. PROCUREMENT
Purchases by County will be made in compliance with the Maricopa County Procurement
Code. The County must spend City funds in a way that will serve the public interest and
honor the public trust.
24. GRATUITIES
The City may, by written notice to the County, terminate the right of the County to proceed
under this Agreement upon one (1) calendar day notice, if it is found that gratuities in the
form of entertainment, gifts, or otherwise were offered or given by the County, or any
agent of representative of the County, to any officer or employee of the City with a view
toward securing this Agreement or securing favorable treatment with respect to the
awarding or amending, or the making of any determination with respect to the
performance of this Agreement; provided that the existence of the facts upon which the
City makes such funds available shall be an issue and may be reviewed in any competent
court. In the event of such termination, the City shall be entitled to pursue the same
remedies against the County as the City could pursue in the event of default by the
County.
25. CLIENT FEES AND PROGRAM INCOME
Unless mandated by controlling law, the County shall impose no fees or charges of any
kind upon recipients of Agreement services. Any program income generated and received
by the County as a result of contract services shall be disposed of as provided by law and
reported in accordance with applicable policies and procedures.
26. PROFESSIONAL STANDARDS AND LEVELS OF SERVICE
The County shall deliver Agreement services in a humane and respectful manner, and in
accordance with any and all appliable professional accreditation standards. The County
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shall obtain and maintain all applicable licenses, permits and authority required to provide
agreement services.
27. CONFIDENTIALITY AND DATA SECURITY
A. All data, regardless of form, including originals, images and reproductions,
prepared by, obtained by, or transmitted to the County in connection with this
Agreement is confidential, proprietary information owned by the City. Except as
specifically provided in this Agreement, the County will not disclose data generated
in the performance of the Services to any third party without the prior written
consent of the City Manager, or his/er designee.
B. Personal identifying information, financial account information, or restrict City
information, whether electronic format or hard copy, must be secured and
protected at all times to avoid unauthorized access. This includes data saved in
laptop computers, computerized devices, or removable storage devices. When
personal identifying information, financial account information, or restricted City
information, regardless of its format, is no longer necessary, the information must
be redacted or destroyed through appropriate and secure methods that ensure the
information cannot be viewed, accessed, or reconstructed.
C. In the event that data collected or obtained by the County in connection with this
Agreement is believed to have been compromised, the County will notify the City
Privacy Officer immediately. The County agrees to reimburse the City of any costs
incurred by the City to investigate potential breaches of this data and, where
applicable, the cost of notifying individuals who may be impacted by the breach.
D. County agrees that the requirements of this Section will be incorporated into all
Contractor/subcontractor agreements entered into by the County. It is further
agreed that a violation of this Section will be deemed to cause irreparable harm
that justifies injunctive relief in court. A violation of this Section may result in
immediate termination of this Agreement without notice.
E. The obligations of County under this Section will survive the termination of the
Agreement.
28. REPORTING REQUIREMENTS
The County shall comply with the reporting requirements as set forth in Part B. Failure to
submit accurate and complete reports according to the terms set forth in Part B may
result, at the option of the City, in forfeiture of right to payment.
No later than the 45th day following the termination of this Agreement, the County shall
submit to the City a final program and fiscal report. Failure to submit the final program
and fiscal report withing the above time period may result, at the option of the City, in
forfeiture of right and final payment.
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29. SUPPORTING DOCUMENTS AND INFORMATION
In addition to any document, reports or information required by any other section of this
Agreement, the County shall furnish the City with any additional documents and
information upon reasonable request.
30. IDENTIFICATION OF FUNDING AND COPYRIGHTS
All advertisements, publications and printed materials which are produced by the County
and refer to agreement services shall state that such services are funded under this
Agreement with the City and where Federal and/or Sate funds are involved, state by
reference the specific funding source.
The County shall not copyright any materials or products developed through the
Agreement services or the Agreement expenditures without prior written approval by the
City. Upon approval, the City shall have a non-exclusive and irrevocable license to
reproduce, publish or otherwise use or authorize the use of any copyrighted material.
31. PAYMENT
Upon receipt by the City of a properly executed and documented request for payment,
the City will authorize payment in accordance with the budget as set forth in Part C,
Section 2. The format and detail of the documents required for requesting payment shall
be mutually agreed upon by both parties. If the County is in any manner in default in the
performance of any obligation under this Agreement, or if audit exceptions are identified,
the City may, at its option and in addition to other available remedies, either adjust the
amount of payment or withhold payment until satisfactory resolution of the default or
exception.
Under no circumstances will the City authorize payment to the County that exceeds the
reimbursement ceiling contained within Part C, Section 2 without an amendment to this
Agreement in accordance with Part A, Section 37, “Amendment of Agreement,” nor will
the City authorize final payment to the County until after receipt of final reports in
accordance with Part A, Section 28, “Reporting Requirements.” In any event, the City will
pay the amount billed, so long as the payment does not bring the total amount paid overall
to more than 90% of the agreement amount, unless all of the work has been completed
and accepted by the City. Payment is subject to the City of Phoenix net 45 payment terms.
32. PAYMENT RECOUPMENT
The County must reimburse the City upon demand, or the City may deduct from future
payments for the same agreement period the following:
A. Any amounts received by the County from the City for agreement services which
have been inaccurately reported or are found to be unsubstantiated due to lack of
source documents and invoices.
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B. Any amounts paid by the County to a subcontractor not authorized in writing by
the City.
C. Any amount or benefit paid directly or indirectly to an individual or organization as
specified in Part A, Paragraph 13, “Conflict of Interest.”
D. Any amounts expended for items or purposes not outlined in Part C, Statement of
Work, unless approved by the City in writing.
E. Any amounts paid by the City for which the County’s books, records, and other
documents are not sufficient to clearly substantiate that those amounts were used
by the County to perform Agreement services as described in Part C, Statement
of Work.
F. Any amount identified was a financial audit exception.
33. RATE OR BUDGET CERTIFICATION
The County certifies relative to the Budget set forth in Part C, Section 2 that: (a) the
information which was provided to the City by the County for use as a basis in approving
the budget or rate is accurate; (b) similar types of costs were accorded consistent
accounting treatment in the development of Part C; and (c) no costs are included as both
direct and indirect costs. The County certifies that funds received under this Agreement
will be expended to achieve the purposes of this Agreement and to meet costs defined
as allowable in applicable federal or state laws, rules, regulations and guidelines.
34. BUDGET REDUCTION
The City may reduce or terminate this Agreement without further recourse, obligation or
penalty in the event that insufficient amounts are appropriated by the City, State or
Federal Government and/or other funding source for the purposes of this Agreement or
in the event that appropriated amounts are reduced or eliminated by the City, State, or
Federal Government and/or other funding source during the term of this Agreement.
Services actually performed before notice of termination is received will be paid for upon
termination of this Agreement for loss of funding.
35. PREDECESSOR AND SUCCESSOR AGREEMENTS
The execution or termination of this Agreement shall not be considered a waiver by the
City of any and all rights it may have for damages suffered through a breach of this or a
prior agreement with the County. The City has no obligation to renew this Agreement.
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36. AGREEMENT CANCELLATION
A. Termination of Agreement – City. The City may, by giving 15 days written notice
specifying the effective date, terminate or suspend the Contract in whole or in part
for any of the following causes or as provided for in other section of Part A:
1. Failure, for any reason, of the County to fulfill in a timely and proper manner
the obligations under the Agreement, including compliance with the
Statement of Work, and/or Budget Considerations, or compliance with
federal, state, and/or local laws.
2. Failure of the County to submit reports or the consistent furnishing of
incorrect or incomplete reports or records.
3. Ineffective or improper use of funds provided under this Agreement.
4. The City may, by giving 60 days written notice, specifying the effective date,
terminate the Agreement without cause.
B. Termination of Agreement – County. The County may, by giving 60 days written
notice to the City specifying the effective date, terminate this Agreement in whole
or in part.
C. In addition to the foregoing, both parties acknowledge that this Agreement is
subject to cancellation by either party pursuant to the provisions of Section 38-511,
Arizona Revised Statutes.
37. AMENDMENT OF AGREEMENT
Any amendment to this Agreement shall be in writing and agreed to and signed by both
parties. Any change to this Agreement shall be carried out in accordance with amendment
policies and procedures promulgated by the City, including the following:
A. A writing amendment signed by both parties to this Agreement shall be required
for every standard purpose listed below and for all other purposed except those
listed in paragraph B of this Section.
1. Whenever there is a change in the reimbursement ceiling.
2. Whenever the term of this Agreement is extended and whenever the term
is reduced without terminating the Agreement.
3. Whenever there is a change in agreement services, the service delivery
methodology, or the level of service as set forth in Parts B or C.
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4. Except where the Special Provisions provide otherwise, in Cost
Reimbursement or Unit Fee agreements, whenever there is a change in the
Part C budget categories of personnel, employee related expenses,
equipment or space. In all Cost Reimbursement and Unit Fee Contracts
whenever any other budget category is increased or decreased by an
amount equal to or greater than 10% during the term of the Agreement.
5. For any other change in the terms and conditions of the Agreement which
the City deems substantial.
B. Paragraph A above notwithstanding, the County shall give notice to the City of any
non-material alteration that affects either programmatic or financial provisions of
the Agreement as set forth in Parts B or C. Non-material alterations that do not
require a written amendment are as follows:
1. Change of address.
2. Change of telephone number.
3. Change of County Authorized Signatory or his/her designee.
4. Changes in the name and/or address of the person to whom notices are to
be sent.
5. Changes in the Agreement related personnel positions of the County, which
do not affect staffing ratios or staff qualification required under this
Agreement.
6. Change in the name of the County where the ownership of the County
remains the same.
7. In Cost Reimbursement or Unit Fee Contracts, whenever there is less than
a 10% increase or decrease in any budget category other than personnel,
employee related expenses, equipment or space; and whenever the
Special Provisions state that a change of less than 10% in personnel,
employee related expenses, equipment or space does not require a written
amendment.
38. NO ORAL ALTERATIONS
No alteration or variation of the terms of this agreement will be binding on the parties
herein unless such alteration or variation is in writing and signed by each of the parties to
this Agreement. No oral understanding or agreement not incorporated in this Agreement
will be binding on any of the parties herein.
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39. NOTICES
Any notice, consent or other communication (“Notice”) required or permitted under this
Agreement will be in writing and either: (1) delivered in person; (2) sent via e-mail, return
receipt requested; (3) sent via facsimile transmission; (4) deposited with any commercial
air courier or express delivery service; or (5) deposited in the United States Postal Service
mail, postage prepaid.
Notice will be deemed received: (1) at the time it is personally serviced; (2) on the day it
is sent via e-mail; (3) on the day it is sent by facsimile transmission; (4) on the second
day after is deposit with any commercial air courier or express delivery service; or (5) five
business days after the Notice is deposited I the United States Postal Service mail as
above provided. Any time period state in a Notice will be computed from the time the
Notice is deemed received.
Notices sent by e-mail and facsimile transmission will also be sent by regular mail to the
recipients at the addresses below:
If to the City:
Thaddis Jackson
Neighborhood Services Department
200 West Washington Street, 4th Floor
Phoenix, AZ 85003
If to the County:
Dejanee Lambert
Maricopa County Department of Public Health
4041 N. Central Avenue, Ste.1400
Phoenix, AZ 85012
40. CONTRACTOR AND SUBCONTRACTOR BACKGROUND SCREENING
A. Contract Worker Background Screening. The County agrees that all contract
workers and subcontractors (collectively “Contract Workers(s)”) that the County
furnishes to the City pursuant to this Contract shall be subject to background and
security checks and screening (collectively “Background Screening”) at the
County’s sole cost and expense as set forth in this Section. The Background
Screening provided by the County shall comply with all applicable laws, rules and
regulations. The County further agrees that the Background Screening required in
this Section is necessary to preserve and protect public health, safety, and welfare.
The Background Screening requirements set forth in this section are the minimum
requirements for this Agreement. The City in no way warrants that these minimum
requirements are sufficient to protect the County from any liabilities that may arise
out of the County’s services under this Contract or the County’s failure to comply
with this Section. Therefore, in addition to the specific measures set forth below,
the County and its Contract Workers shall take such other reasonable, prudent and
necessary measures to further preserve and protect public health, safety and
welfare when providing services under this Agreement.
16
B. Background Screening Requirements and Criteria: Because of the varied types of
services performed, the City has established three levels of risk and associated
Background Screening. The risk level and Background Screening required for this
Agreement is Maximum Risk.
1. Minimum Risk and Background Screening (“Minimum Risk”)
A Minimum Risk Background Screening shall be performed when (i) the
Contractor will not work with information systems; (ii) will not work with
vulnerable adults or children; or (iii) when access to City facilitates requires
being escorted by City workers. The Background Screening for Minimum
Risk shall consist of the screening required by Arizona Revised Statues
§41-4401 and following to verify legal Arizona worker status.
2. Standard Risk and Background Screening (“Standard Risk”)
A Standard Risk Background Screening shall be performed when the
Contractor’s work assignment will: (i) require a badge or key for access to
City facilities; or (ii) allow any access to sensitive, confidential records,
personal identifying information or restricted City information; or (iii) allow
unescorted access to City facilities during normal and no-business hours.
The Background Screening for this Standard Risk level shall include the
Background Screening required for the Minimum Risk level and a
background check for real identify/legal name, and shall include felony and
misdemeanor records from any county in the United States, the state of
Arizona, plus any other jurisdiction where the Contractor has lived at any
time in the preceding seven (7) years from the Contractor’s proposed date
of hire.
3. Maximum Risk and Background Screening (“Maximum Risk”)
A Maximum Risk Background Screening shall be performed when the
Contractor’s work assignment will: (i) have any contact with vulnerable
people such as children/youth, the elderly, individuals with disabilities; or (ii)
have any responsibility for the receipt or payment of City funds or control of
inventories, assets, or records that are at risk of misappropriation; or (iii)
have unescorted access to City data centers, money rooms, or high-value
equipment rooms; or (iv) have access to City data centers, money rooms,
or high-value equipment rooms; or (v) have access to private residences;
or (vi) have access to Homeland Defense Bureau identified critical
infrastructure sites/facilities. The Background Screening for this Maximum
Risk level, plus a sexual offender search, a credit check, and driving record
search for the preceding (7) years from the Contractor’s proposed date of
hire. Contractors who work directly with children or vulnerable adults are
also subject to fingerprint verification through the Arizona Department of
Public Safety and mandated by Phoenix City Code, §2-45.6.
17
C. Contractor Certification; City Approval of Maximum Risk Background Screening.
By executing the Contract, the County certifies and warrants that the County has
reads the Background Screening requirements and criteria in this section,
understand them and that all Background Screening information furnished to the
City is accurate and current. Also, by executing this Contract, the County further
certifies and warrants that the County has satisfied all such Background Screening
requirements for the Minimum Risk and standard Risk Background Screenings as
required. In addition, for Maximum Risk Background Screening, the County shall
furnish to Brenda Hope, Neighborhood Services Department Project Manager, for
the City’s review and approval of Background Screenings for all Contractors
considered for performing services under this Contract where human safety or
facility security is classified as a Maximum Risk level. The subject Contractor shall
not apply for the appropriate City of Phoenix identification and access badge or
keys until the County has received the City’s written acceptance of the subject
Contractor’s Maximum Risk Background Screening. The City may, in its sole
discretion, accept or reject any or all of the Contract Workers proposed by the
County for performing work under this Contract. A Contractor rejected for work
under other City contracts or engagements without the City’s prior written approval.
D. Terms of This Section Applicable to All of the County’s Contracts and
Subcontracts. The County shall include the terms of this Section for Contractor
Background Screening in all contracts and subcontracts for services furnished
under this Contract including, but not limited to, supervision and oversight services.
E. Materiality of Background Screening Requirements: Indemnity. The Background
Screening requirements of this Section are material to the City’s entry into this
Contract and any breach of this Section by the County shall be deemed a material
breach of this Contract. In addition to the indemnity provisions set forth in Item 6
of this Contract, the County shall defend, indemnify and hold harmless the City for
any and all Claims (as identified in Item 6) arising out of this Background Screening
Section including, but not limited to, the disqualification of a Contractor by the
County or the City for failure to satisfy this section.
F. Continuity Duty; Audit. The County’s obligations and requirements that Contract
Workers satisfy this Background Screening Section shall continue throughout the
entire term of this Contract. The County shall notify the City immediately of any
change to a Maximum Risk Background Screening of a Contract Worker previously
approved by the City. The County shall maintain all records and documents related
to all Background Screenings and the City reserves the right to audit the County’s
compliance with this Section pursuant to Paragraph 21.
18
PART B
SPECIAL PROVISIONS
1. Modifications of, or Exclusions from Part A, General Provisions
A. Reporting Requirements
All of the provisions of this Section shall apply except that counties who deliver
contract services through one or more subcontractors as specified in Part C shall
submit programmatic and financial reports to the City no later than the 25th day
following the end of each month or the end of each other applicable reporting
period during the term of this Agreement. The County shall submit final program
and fiscal reports no later than the 45th day following termination of this Agreement.
The County shall provide an invoice for services provided by the County and a
match report at least by the 15th of the month following the end of each calendar
quarter.
2. Additional Provisions
A. Certification of Drug-Free Workplace (Federal funds only)
B. Certification of Non-Debarment, Suspension, Ineligibility, and Voluntary Exclusion
(Federal funds only)
C. Certification Regarding Disclosure of Lobbying Activities (Federal funds only)
19
EXHIBIT B-1
DRUG-FREE WORKPLACE CERTIFICATION
INSTRUCTIONS FOR DRUG-FREE WORKPLACE CERTIFICATION
A. By signing this Agreement, the County is providing the certification set out below.
B. The certification set out below is a material representation of fact upon which reliance
was placed when the City determined to award the Agreement. If it is later determined
that the County knowingly rendered a false certification or otherwise violates the
requirements of the Drug-Free Workplace Act, the City, in addition to any other
remedies available to the Federal Government, may take action authorized under the
Drug-Free Workplace Act.
CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS
A. The County certifies that it will provide a drug-free workplace by:
1. Publishing a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession or the use of a controlled substance is
prohibited in the County’s workplace and specifying the actions that will be
taken against employees for violation of such prohibition.
2. Establishing a drug-free awareness program to inform employee’s about:
a. The dangers of drug abuse in the workplace.
b. The County’s policy of maintaining a drug-free workplace.
c. Any available drug counseling, rehabilitation, and employee
assistance programs.
d. The penalties that may be imposed upon employees for drug abuse
violations occurring in the workplace.
3. Making it a requirement that each employee be engaged in the performance of
this Agreement be given a copy of the statement required by paragraph A.1.
4. Notifying the employee in the statement required by paragraph A that, as a
condition of employment under this Contract, the employee will:
a. Abide by the terms of the statement.
20
b. Notify the employer of any criminal drug statute conviction for a
violation occurring in the workplace no later than five days after such
conviction.
5. Notifying the County within ten (10) days after receiving notice under
subparagraph 4.b from an employee or otherwise receiving actual notice of
such conviction.
6. Taking one of the following actions, within 30 days of receiving notice under
subparagraph 4.b with respect to any employee who is so convicted.
a. Taking appropriate personnel action against such an employee, up to
and including termination.
b. Requiring such employee to participate satisfactorily in a drug-abuse
assistance or rehabilitation program approved for such purposes by a
Federal, State, or local health, law enforcement, or other appropriate
agency.
7. Making a good faith effort to continue to maintain a drug-free workplace through
implementation of paragraphs 1, 2, 3, 4, 5, and 6 in this Section.
B. The County shall insert in the space provided below the site(s) for the performance of
work done in connection with the specific Agreement.
PLACE OF PERFORMANCE (STREET ADDRESS, CITY, STATE, ZIP CODE)
Maricopa County Department of Public Health Services
4041 North Central Avenue, Suite 700
Phoenix, AZ 85012
__________________________________
___________________
Bill Gates, Chairman Board of Supervisors
Date
ATTEST:
______________________________________
____________________
Juanita Garza, Clerk Board of Supervisors
Date
21
EXHIBIT B-2
DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION
LOWER TIER COVERED TRANSACTIONS
This certification is required by the regulations implementing Executive Order 12549,
Debarment and Suspension, 34 CFR Part 85, Section 85.510, Participants’
responsibilities. The regulations were published as Part VII of the May 26, 1988 Federal
Register (pages 19159-19211). Copies of the regulations may be obtained by contacting
Brenda Hope, Neighborhood Services Department Project Manager.
A. The County certifies, by signing this Agreement that neither it nor its principals are
presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in this transaction by any Federal
department or agency.
B. If the County is unable to certify to any of the statements in this certification, the
County shall attach an explanation to this proposal.
__________________________________
____________________
Bill Gates, Chairman Board of Supervisors
Date
ATTEST:
__________________________________
____________________
Juanita Garza, Clerk Board of Supervisors
Date
22
CERTIFICATION REGARDING
DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION
LOWER TIER COVERED TRANSACTIONS
INSTRUCTIONS FOR CERTIFICATION
1. By signing and submitting this Agreement, the County, as a lower tier participant, is
providing the certification set out below.
2. The certification in this clause is a material representation of fact upon which reliance
was placed when this transaction was entered into. If it is later determined that the
County knowingly rendered an erroneous certification, in addition to other remedies
available to the Federal Government, the City with which this transaction originated
may pursue available remedies, including suspension and/or debarment.
3. The County shall provide immediate written notice to the City at any time the County
learns that its certification was erroneous when submitted or has become erroneous
by reason of changed circumstances.
4. The terms “covered transaction,” “debarred,” “suspended,” “ineligible,” “lower tier
covered transaction,” “participant,” “person,” “primary covered transaction,” “principal,”
“proposal,” and “voluntarily excluded,” as used in this clause, have the meanings set
out in the Definitions and Coverage sections of rules implementing Presidential
Executive Order 12549. The County may contact the City for assistance in obtaining
copies of these regulations.
5. The County agrees by signing this Agreement that, it shall not knowingly enter into
any lower tier covered transaction with a person who is disbarred, suspended,
declared ineligible, or voluntarily excluded from participation in this Agreement, unless
authorized by the City.
6. The County further agrees by signing this Agreement that it will include the clause
titled “Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary
Exclusion – Lower Tier Covered Transactions,” without modification, in all lower tier
covered transactions and in all solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective
participant in a lower tier covered transaction that is not debarred, suspended,
ineligible, or voluntarily excluded from the covered transaction, unless it knows that
the certification is erroneous. A participant may decide the method and frequency by
which it determines the eligibility of its principals. Each participant may, but is not
required to, check the Non-procurement List.
8. Nothing contained in the forgoing shall be construed to require establishment of a
system of records in order to render in good faith the certification required by this
clause. The knowledge and information of a participant is not required to exceed that
23
which is normally possessed by a prudent person in the ordinary course of business
dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a
participant in a covered transaction knowingly enters into a lower tier covered
transaction with a person who is suspended, debarred, ineligible, or voluntarily
excluded from participation in this transaction in addition to other remedies available
to the Federal Government, the department or agency with which this transaction
originated may pursue available remedies, including suspension and/or debarment.
24
EXHIBIT B-3
CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of
the undersigned, to any person for influencing or attempting to influence an officer
or employee of any agency, a Member of Congress, and officer or employee of
Congress, or an employee of a Member of Congress in connection with the
awarding of any Federal contract, the making of any Federal grant, the making of
any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal
contract, grant loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, or an employee of Congress, or an employee
of a Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard
Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its
instructions.
3. The undersigned shall require that the language of this certification be included in
the award documents for all subawards at all tiers (including subcontracts,
subgrant, and contracts under grants, loans, and cooperative agreements) and
that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by Section 1352, Title 31. U.S. Code.
Any person who fails to file the required certification shall be subject to a civil penalty of
not less than $10,000 and not more than $100,000 for each such failure.
Maricopa County of Public Health Department
Applicant Organization
_____________________________________
________________
Bill Gates, Chairman Board of Supervisors
Date
ATTEST:
_____________________________________
________________
Juanita Garza, Clerk Board of Supervisors
Date
25
PART C
SECTION 1 - STATEMENT OF WORK
COMPLIANCE WITH APPROVED WORK PROGRAM
All activities authorized under this Agreement will be performed in accordance with the
HUD approved Lead Safe Phoenix work plan. Any shift of funds between budget
categories and/or funding sources involving City funds requires prior writing request from
the County and written approval by the City.
WORK TO BE PERFORMED
The County shall, in a satisfactory manner as determined by the City, provide the following
program services and administrative support for the City of Phoenix Lead-Based Paint
Hazard Control Program grant (Lead Safe Phoenix).
1. Testing of Children for Blood Lead Level
•
The County will arrange for children under the age of six (6) years old living in
housing units enrolled in the Lead Safe Phoenix program or children participating
in community events to have their blood tested for lead. Voluntary parental consent
will be obtained in writing and provided to the County prior to the testing process.
Children under six years old will be tested before lead hazard control work begins
and after the work is completed. Testing will be conducted at the home enrolled in
the Lead Safe Phoenix program, or at a designated location.
•
The County will arrange for the results of the blood lead test to be given to the
parents of legal guardian of the child tested.
•
The County will report all blood lead levels to the Arizona Department of Health
Services, as required by law.
•
The City will receive information from the County regarding the results of all blood
lead tests performed on children under the age of six years old living in housing
units enrolled in Lead Safe Phoenix, and children tested at community events
within two weeks of the blood lead test date.
•
The County will assist in the development and maintenance of a quality control
program for the collection, handling, and analysis of blood samples.
2. Case Management
•
The County will provide case management for all children identified with an
elevated blood lead level, including referral to medical and social services, follow-
up testing, and education.
26
•
The County will facilitate referrals for enrollment of high-risk infants and children
from various programs offered by the Maricopa County Department of Public
Health’s Office of Family Health and other Maricopa County Department of Public
Health Programs, as appropriate.
3. Educational Intervention
•
The County will provide educational interventions as approved by the Lead Safe
Phoenix Project Manager. This intervention will be linguistically appropriate and
culturally sensitive. Lead poisoning prevention education will be provided before
lead hazard control work begins.
•
The County will provide City approved lead poisoning information in English and
Spanish to expectant mother through the County’s prenatal programs and promote
Lead Safe Phoenix initiatives that facilitate lead poisoning prevention awareness.
•
The County will incorporate Healthy Homes concepts into the health education
component of the home visit using the Pediatric Environmental Home Assessment
(PEHA) tool and Nursing Care Plan. The approach includes conducting home
assessments, assessing the health of children in the home, and providing healthy
homes education and referral services. All reports will be provided to the Lead Safe
Phoenix Project Manager.
4. Data Collection
•
The County will actively participate in data collection activities appropriate to the
Statement of Work, including submission of quarterly activity reports, time sheets,
and other appropriate work products as requested by the Lead Safe Phoenix
Project Manager.
5. Public Education
•
County staff will provide childhood lead poisoning prevention education to medical,
case management, and other childhood health focused professionals. These
educational events will promote the Lead Safe Phoenix program, and the health
and safety of communities. Events will be coordinated through the Lead Safe
Phoenix Project Manager or a delegate.
•
County staff will assist with grass roots level public education on childhood lead
poisoning prevention and Healthy Homes concepts to parent groups,
neighborhood or other identified organizations, and or at community events. The
events may be conducted on evenings and weekends and will be scheduled by
the Lead Safe Phoenix Project Manager or a delegate.
27
6. Work Plan and Program Operations
•
The County will assist the City in developing a detailed work plan that is acceptable
to the U.S. Department of Housing and Urban Development (HUD) Office of Lead
Hazard Control and Healthy Homes. The plan will outline procedures, schedules,
resources, and other items need to fully implement Lead Safe Phoenix. Any
changes in procedure will be reflected in the plan.
•
When serving as a contractor for the City, the County will use approved program
materials provided by the Lead Safe Phoenix program. Program materials include,
but are not limited to, presentations, handouts, flyers, and promotional items. The
design, content, images, and likeness of the Lead Safe Phoenix program materials
are not to be shared with or used by other programs without prior written consent
from the Lead Safe Phoenix Project Manager.
•
The County will participate in Lead Safe Phoenix program meetings to coordinate,
customize, and improve services offered to the families enrolled in the program.
PAYMENTS AND REPORTS
1. The County, when requesting payment for contracted services, shall submit an invoice
to the City. The invoice will be organized according to the budget categories listing in
this Agreement (see Part C, Section 2). The information provided shall be certified by
the designee of the County, and shall attest to the accuracy, completeness, and fair
presentation of the financial condition and results to the City. The County will submit
monthly invoices for services performed by the 15th of the following month. The
requested monthly invoice payment cannot bring the total amount paid overall to more
than 90% of the contract amount unless all of the work has been completed and
accepted by the City.
As part of the monthly invoice, the County must document any matching funds and/or
in-kind services provided during the previous month. Timesheets for all HUD funded
staff at less than 1.0 FTE should be provided, demonstrating that the committed time
is being used for operation of Lead Safe Phoenix.
All accounting and reporting should be in compliance with generally accepted
accounting principles, or GAPP. If a regulatory basis is used, this basis should be
disclosed.
•
The County shall submit all required reports, forms, etc., to the Lead Safe Phoenix
Project Manager, Neighborhood Services Department, including all data required
by the City. Data will be provided on the approved forms and in the approved
format.
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PART C
SECTION 2 - BUDGET AND/OR CONSIDERATION
1. The City shall pay the County a maximum of THREE HUNDRED NINETEEN
THOUSAND FOUR HUNDRED FIFTY-THREE DOLLARS ($319,453) for the
activities performed during the period of January 1, 2022, through May 14, 2025
subject to the availability of funds for the Lead Safe Phoenix program. This funding is
awarded from the U.S. Department of Housing and Urban Development, Office of
Lead Hazard Control and Healthy Homes.
2. Funds shall be expended in the following budget categories:
Grant Funds:
Personnel
Community Health Nurse (.60 FTE)
$197,897
Nurse Case Manager (.03 FTE)
$11,177
Fringe Benefits
Community Health Nurse (.60 FTE)
$68,326
Nurse Case Manager (.03 FTE)
$3,673
Mileage (Home Visits)
$4,704
Medical Supplies (Blood Lead Tests, etc.)
$3,235
Training (Lead Related: 60% of costs)
$1,400
Subtotal $290,412
Indirect Costs (10% Allowed)
$29,041
TOTAL GRANT FUNDS $319,453
In-Kind Funds (Match):
Accountant (.15 FTE – Salary and Fringe)
$43,832
Administrative Support (.10 FTE – Salary and Fringe)
$23,178
Cell Phone for Community Health Nurse (.60 of Estimated Cost)
$1,304
Office Supplies (.60 of Estimated Cost)
$504
Rent (.60 of estimated cost)
$3,826
Subtotal $72,644
Indirect Costs (17.97% of In-Kind)
$13,054
Uncollected Indirect Costs (7.97% of Grant Funds)
$23,146
TOTAL IN-KIND FUNDS $108,844
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The County certifies relative to the contract rate and budget that the information which
was provided to the City for use as a basis in approving the budget or rate is accurate
and that no costs are included as both direct and indirect costs. The County certifies that
the funds received under this Agreement will be expended to achieve the purposes of this
Agreement and to meet costs defined as allowable in applicable federal or state laws,
rules, regulations, and guidelines.
1. Expenditures shall be reimbursed on a cost incurred basis as outlined in Part A-33.
Indirect cost will be paid as a percentage of the total of each month’s expenditures.
2. Title to all capital and equipment purchased with City funds under this Agreement
remains with the City. Upon termination of the Agreement, continued use of such
equipment by the County shall be at the discretion of the City.
3. The County may solicit additional donations for additional expenditures necessary to
operate Lead Safe Phoenix. Such donations, whether cash, goods or services shall
be approved by the Lead Safe Phoenix Project Manager prior to acceptance and
reported on the monthly expenditure report.
4. The City will provide reimbursement of costs associated with services rendered by the
County upon completion of the work described in Part C, Section 1, and after receipt
of an invoice. In any event, the City will reimburse up to the amount billed, so long as
the reimbursement does not bring the total amount paid overall to more than 90% of
the agreement amount, unless all of the work has been completed and accepted by
the City. Payments are subject to the City of Phoenix net 45 payments terms.
5. The County shall submit such written and/or financial reports as required by this
Agreement. Failure to submit such reports may result in withholding of funds until
requirements are met, or the Agreement may be terminated.
30
IN WITNESS WHEREOF, the parties hereto have executed this Agreement which is
effect on January 1, 2022.
City of Phoenix
Maricopa County Board of Supervisors
Jeffrey Barton, City Manager
Bill Gates, Chairman of the Board
___________________________________
Bill Gates, Chairman
Date
ATTEST:
ATTEST:
______________________________
___________________________________
Denise Archibald
Date
Juanita Garza
Date
City Clerk
Clerk of Board of Supervisors
City of Phoenix Neighborhood Services Department
______________________________
Spencer Self, Director
Date
APPROVED BY CITY COUNCIL
DATE: May 5, 2021
ATTORNEY DETERMINATION
In accordance with the requirement of A.R.S. §11-952(D), each of the undersigned
attorneys acknowledge that (1) they have reviewed the above Agreement on behalf of
their respective client(s) and (2) as their respective client(s) only, each attorney has
determined that this Agreement is in proper form and is within the powers and authority
granted under the laws of the State of Arizona.
________________________________
__________________________________
City Attorney
Date
Deputy County Attorney
Date