ARPA CONTRACT 220200 - TIGER MOUNTAIN FOUNDATION .DOCX
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Contract # C-86-22-096-X-00
CONTRACT PURSUANT TO PH RFP 220200
This Contract is entered into this 1st day of April 2022 by and between Maricopa County (“County”), a political
subdivision of the State of Arizona, and Tiger Mountain Foundation, an Arizona Foundation (“Contractor”) for
the purchase of services related American Rescue Plan Act- COVID 19.
1.0
CONTRACT TERM:
1.1
This Contract is for a term of 12 months, beginning on the 1st day of July 2022 and ending the 31st
day of May 2023.
1.2
The County may, at its option and with the agreement of the Contractor, renew the term of this
Contract for additional terms up to a maximum of four (4) additional years, (or at the County’s sole
discretion, extend the contract on a month-to-month bases for a maximum of six (6) months after
expiration). The County shall notify the Contractor in writing of its intent to extend the Contract
term at least sixty (60) calendar days prior to the expiration of the original contract term, or any
additional term thereafter.
1.3
CONTRACT COMPLETION:
The Contractor shall make all reasonable efforts for an orderly transition of its duties and
responsibilities to another provider and/or to the County. This may include, but is not limited to,
the preparation of a transition plan and cooperation with the County or other providers in the
transition. The transition includes the transfer of all records, and other data in the possession,
custody or control of Contractor required to be provided to the County either by the terms of this
agreement or as a matter of law. The provisions of this clause shall survive the expiration or
termination of this agreement.
2.0
PRICE ADJUSTMENTS:
Any requests for reasonable price adjustments must be submitted sixty (60) calendar days prior to the
Contract expiration date. Requests for adjustment in cost of labor and/or materials must be supported by
appropriate documentation. The reasonableness of the request will be determined by comparing the request
with the Consumer Price Index or by performing a market survey. If County agrees to the adjusted price
terms, County shall issue written approval of the change and provide an updated version of the Contract. The
new change shall not be in effect until the date stipulated on the Contract.
3.0
PAYMENTS:
3.1
As consideration for performance of the duties described herein, County shall pay Contractor the
sum(s) stated in Exhibit “A.”
3.2
Payment shall be made upon the County’s receipt of a properly completed invoice.
3.3
INVOICES:
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3.3.1
The Contractor shall submit one (1) legible copy of their detailed invoice before payment(s)
will be made. Incomplete invoices will not be processed. At a minimum, the invoice must
provide the following information:
•
Company name, address, and contact
•
County bill-to name and contact information
•
Contract Serial Number and Title
•
County purchase order number
•
Invoice number and date
•
Payment terms
•
Deliverable description
•
Total Amount Due
3.3.2
Problems regarding billing or invoicing shall be directed to the Department as listed on the
Purchase Order.
3.3.3
Payment shall only be made to the Contractor by Accounts Payable through the Maricopa
County Vendor Express Payment Program. This is an Electronic Funds Transfer (EFT)
process. After Contract Award the Contractor shall complete the Vendor Registration
Form located on the County Department of Finance Vendor Registration Web Site located
at https://azdom-vss-ext.hostams.com/PRDVSS2X1/Advantage4
3.3.4
Discounts offered in the contract shall be calculated based on the date a properly completed
invoice is received by the County.
3.3.5
EFT payments to the routing and account numbers designated by the Contractor will
include the details on the specific invoices that the payment covers. The Contractor is
required to discuss remittance delivery capabilities with their designated financial
institution for access to those details.
3.4
APPLICABLE TAXES:
3.4.1
Payment of Taxes: The Contractor shall pay all applicable taxes. With respect to any
installation labor on items that are not attached to real property performed by Contractor
under the terms of this Contract, the installation labor cost and the gross receipts for
materials provided shall be listed separately on the Contractor’s invoices.
3.4.2
State and Local Transaction Privilege Taxes: To the extent any State and local transaction
privilege taxes apply to sales made under the terms of this Contract it is the responsibility
of the seller to collect and remit all applicable taxes to the proper taxing jurisdiction of
authority.
3.4.3
Tax Indemnification: Contractor and all subcontractors shall pay all Federal, State, and
local taxes applicable to its operation and any persons employed by the Contractor.
Contractor shall require all subcontractors to hold Maricopa County harmless from any
responsibility for taxes, damages and interest, if applicable, contributions required under
Federal, and/or State and local laws and regulations, and any other costs including
transaction privilege taxes, unemployment compensation insurance, Social Security, and
Worker’s Compensation.
3.5
TAX (SERVICES):
No tax shall be invoiced or paid against Contractor’s labor. It is the responsibility of the Contractor
to determine any and all applicable taxes.
4.0
AVAILABILITY OF FUNDS:
4.1
The provisions of this Contract relating to payment for services shall become effective when funds
assigned for the purpose of compensating the Contractor as herein provided are available to County
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for disbursement. The County shall be the sole judge and authority in determining the availability
of funds under this Contract. County shall keep the Contractor fully informed as to the availability
of funds.
4.2
If any action is taken by, any State agency, Federal department, or any other agency or
instrumentality to suspend, decrease, or terminate its fiscal obligations under, or in connection with,
this Contract, County may amend, suspend, decrease, or terminate its obligations under, or in
connection with, this Contract. In the event of termination, County shall be liable for payment only
for services rendered prior to the effective date of the termination, provided that such services are
performed in accordance with the provisions of this Contract. County shall give written notice of
the effective date of any suspension, amendment, or termination under this Section, at least ten (10)
days in advance.
5.0
DUTIES:
5.1
The Contractor shall perform all duties stated in Exhibit “B”, or as otherwise directed in writing by
the Procurement Officer.
6.0
TERMS AND CONDITIONS:
6.1
INDEMNIFICATION:
To the fullest extent permitted by law, and to the extent that claims, damages, losses or expenses are
not covered and paid by insurance purchased by the Contractor, the Contractor shall defend
indemnify and hold harmless the County (as Owner), its agents, representatives, agents, officers,
directors, officials, and employees from and against all claims, damages, losses, and expenses
(including, but not limited to attorneys' fees, court costs, expert witness fees, and the costs and
attorneys' fees for appellate proceedings) arising out of, or alleged to have resulted from the
negligent acts, errors, omissions, or mistakes relating to the performance of this Contract.
Contractor's duty to defend, indemnify, and hold harmless the County, its agents, representatives,
agents, officers, directors, officials, and employees shall arise in connection with any claim, damage,
loss, or expense that is attributable to bodily injury, sickness, disease, death or injury to, impairment
of, or destruction of tangible property, including loss of use resulting there from, caused by negligent
acts, errors, omissions, or mistakes in the performance of this Contract, but only to the extent caused
by the negligent acts or omissions of the Contractor, a subcontractor, any one directly or indirectly
employed by them, or anyone for whose acts they may be liable, regardless of whether or not such
claim, damage, loss, or expense is caused in part by a party indemnified hereunder.
The amount and type of insurance coverage requirements set forth herein will in no way be construed
as limiting the scope of the indemnity in this paragraph.
The scope of this indemnification does not extend to the sole negligence of County.
6.2
INSURANCE:
6.2.1
Contractor, at Contractor’s own expense, shall purchase and maintain the herein stipulated
minimum insurance from a company or companies duly licensed by the State of Arizona
and possessing a current A.M. Best, Inc. rating of B++. In lieu of State of Arizona licensing,
the stipulated insurance may be purchased from a company or companies, which are
authorized to do business in the State of Arizona, provided that said insurance companies
meet the approval of County. The form of any insurance policies and forms must be
acceptable to County.
6.2.2
All insurance required herein shall be maintained in full force and effect until all work or
service required to be performed under the terms of the Contract is satisfactorily completed
and formally accepted. Failure to do so may, at the sole discretion of County, constitute a
material breach of this Contract.
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6.2.3
Contractor’s insurance shall be primary insurance as respects County, and any insurance
or self-insurance maintained by County shall not contribute to it.
6.2.4
Any failure to comply with the claim reporting provisions of the insurance policies or any
breach of an insurance policy warranty shall not affect the County’s right to coverage
afforded under the insurance policies.
6.2.5
The insurance policies may provide coverage that contains deductibles or self-insured
retentions. Such deductible and/or self-insured retentions shall not be applicable with
respect to the coverage provided to County under such policies. Contractor shall be solely
responsible for the deductible and/or self-insured retention and County, at its option, may
require Contractor to secure payment of such deductibles or self-insured retentions by a
surety bond or an irrevocable and unconditional letter of credit.
6.2.6
The insurance policies required by this Contract, except Workers’ Compensation and
Errors and Omissions, shall name County, its agents, representatives, officers, directors,
officials and employees as Additional Insureds.
6.2.7
The policies required hereunder, except Workers’ Compensation and Errors and
Omissions, shall contain a waiver of transfer of rights of recovery (subrogation) against
County, its agents, representatives, officers, directors, officials and employees for any
claims arising out of Contractor’s work or service.
6.2.8
Commercial General Liability:
Commercial General Liability insurance and, if necessary, Commercial Umbrella
insurance with a limit of not less than $2,000,000 for each occurrence, $4,000,000
Products/Completed Operations Aggregate, and $4,000,000 General Aggregate Limit. The
policy shall include coverage for premises liability, bodily injury, broad form property
damage, personal injury, products and completed operations and blanket contractual
coverage, and shall not contain any provisions which would serve to limit third party action
over claims. There shall be no endorsement or modifications of the CGL limiting the scope
of coverage for liability arising from explosion, collapse, or underground property damage.
6.2.9
Automobile Liability:
Commercial/Business Automobile Liability insurance and, if necessary, Commercial
Umbrella insurance with a combined single limit for bodily injury and property damage of
not less than $2,000,000 each occurrence with respect to any of the Contractor’s owned,
hired, and non-owned vehicles assigned to or used in performance of the Contractor’s work
or services or use or maintenance of the premises under this Contract.
6.2.10
Workers’ Compensation:
Workers’ Compensation insurance to cover obligations imposed by Federal and State
statutes having jurisdiction of Contractor’s employees engaged in the performance of the
work or services under this Contract; and Employer’s Liability insurance of not less than
$1,000,000 for each accident, $1,000,000 disease for each employee, and $1,000,000
disease policy limit.
Contractor, its contractors and its subcontractors waive all rights against Contract and its
agents, officers, directors and employees for recovery of damages to the extent these
damages are covered by the Workers’ Compensation and Employer’s Liability, or
commercial umbrella liability insurance obtained by Contractor, its contractors and its
subcontractors pursuant to this Contract.
6.2.11
Certificates of Insurance:
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6.2.11.1 Prior to Contract award, Contractor shall furnish the County with valid and
complete certificates of insurance, or formal endorsements as required by the
Contract in the form provided by the County, issued by Contractor’s insurer(s), as
evidence that policies providing the required coverage, conditions and limits
required by this Contract are in full force and effect. Such certificates shall
identify this contract number and title.
6.2.11.2 In the event any insurance policy(ies) required by this Contract is(are) written on
a claims made basis, coverage shall extend for two years past completion and
acceptance of Contractor’s work or services and as evidenced by annual
Certificates of Insurance.
6.2.11.3 If a policy does expire during the life of the Contract, a renewal certificate must
be sent to County fifteen (15) calendar days prior to the expiration date.
6.2.12
Cancellation and Expiration Notice:
Applicable to all insurance policies required within the Insurance Requirements of this
Contract, Contractor’s insurance shall not be permitted to expire, be suspended, be
canceled, or be materially changed for any reason without thirty (30) days prior written
notice to Maricopa County. Contractor must provide to Maricopa County, within two (2)
business days of receipt, if they receive notice of a policy that has been or will be
suspended, canceled, materially changed for any reason, has expired, or will be
expiring. Such notice shall be sent directly to Maricopa County Office of Procurement
Services and shall be mailed, or hand delivered, to 4041 N. Central Avenue, #1400,
Phoenix, AZ 85012 or emailed to the Procurement Officer noted in the solicitation.
6.3
FORCE MAJEURE:
6.3.1
Neither party shall be liable for failure of performance, nor incur any liability to the other
party on account of any loss or damage resulting from any delay or failure to perform all
or any part of this Contract if such delay or failure is caused by events, occurrences, or
causes beyond the reasonable control and without negligence of the parties. Such events,
occurrences, or causes will include Acts of God/Nature (including fire, flood, earthquake,
storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities
(whether war is declared or not), civil war, riots, rebellion, revolution, insurrection, military
or usurped power or confiscation, terrorist activities, nationalization, government sanction,
lockout, blockage, embargo, labor dispute, strike, interruption or failure of electricity or
telecommunication service.
6.3.2
Each party, as applicable, shall give the other party notice of its inability to perform and
particulars in reasonable detail of the cause of the inability. Each party must use best
efforts to remedy the situation and remove, as soon as practicable, the cause of its inability
to perform or comply.
6.3.3
The party asserting Force Majeure as a cause for non-performance shall have the burden
of proving that reasonable steps were taken to minimize delay or damages caused by
foreseeable events, that all non-excused obligations were substantially fulfilled, and that
the other party was timely notified of the likelihood or actual occurrence which would
justify such an assertion, so that other prudent precautions could be contemplated.
6.4
WARRANTY OF SERVICES:
6.4.1
The Contractor warrants that all services provided hereunder will conform to the
requirements of the Contract, including all descriptions, specifications and attachments
made a part of this Contract. County’s acceptance of services or goods provided by the
Contractor shall not relieve the Contractor from its obligations under this warranty.
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6.4.2
In addition to its other remedies, County may, at the Contractor's expense, require prompt
correction of any services failing to meet the Contractor's warranty herein. Services
corrected by the Contractor shall be subject to all the provisions of this Contract in the
manner and to the same extent as services originally furnished hereunder.
6.5
INSPECTION OF SERVICES:
6.5.1
The Contractor shall provide and maintain an inspection system acceptable to County
covering the services under this Contract. Complete records of all inspection work
performed by the Contractor shall be maintained and made available to County during
Contract performance and for as long afterwards as the Contract requires.
6.5.2
County has the right to inspect and test all services called for by the Contract, to the extent
practicable at all times and places during the term of the Contract. County shall perform
inspections and tests in a manner that will not unduly delay the work.
6.5.3
If any of the services do not conform to Contract requirements, County may require the
Contractor to perform the services again in conformity with Contract requirements, at no
cost to the County. When the defects in services cannot be corrected by re-performance,
County may:
6.5.3.1
Require the Contractor to take necessary action to ensure that future performance
conforms to Contract requirements; and
6.5.3.2
Reduce the Contract price to reflect the reduced value of the services performed.
6.5.4
If the Contractor fails to promptly perform the services again or to take the necessary action
to ensure future performance in conformity with Contract requirements, County may:
6.5.4.1
By Contract or otherwise, perform the services and charge to the Contractor,
through direct billing or through payment reduction, any cost incurred by County
that is directly related to the performance of such service; or
6.5.4.1
Terminate the Contract for default.
6.6
ORDERING AUTHORITY:
Any request for purchase shall be accompanied by a valid purchase order, issued by Office of
Procurement Services, a Purchase Order issued by the using Department or direction by a Certified
Agency Procurement Aid (CAPA) with a Purchase Card for payment.
6.7
NO MINIMUM OR MAXIMUM PURCHASE OBLIGATION:
6.7.1
This Contract does not guarantee any minimum or maximum purchases will be made.
Orders will only be placed under this Contract when the County identifies a need and
proper authorization and documentation have been approved.
6.7.2
Contractors agree to accept verbal notification of cancellation of Purchase Orders from the
County Procurement Officer with written notification to follow. Contractor specifically
acknowledges to be bound by this cancellation policy.
6.8
PURCHASE ORDERS:
County reserves the right to cancel Purchase Orders within a reasonable period of time after
issuance. Should a Purchase Order be canceled, the County agrees to reimburse the Contractor for
actual and documentable costs incurred by the Contractor in response to the Purchase Order. The
County will not reimburse the Contractor for any costs incurred after receipt of County notice of
cancellation, or for lost profits, shipment of product prior to issuance of Purchase Order, etc.
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6.9
SUSPENSION OF WORK:
The Procurement Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or
any part of the work of this contract for the period of time that the Procurement Officer determines
appropriate for the convenience of the County. No adjustment shall be made under this clause for
any suspension, delay, or interruption to the extent that performance would have been so suspended,
delayed, or interrupted by any other cause, including the fault or negligence of the Contractor. No
request for adjustment under this clause shall be granted unless the claim, in an amount stated, is
asserted in writing as soon as practicable after the termination of the suspension, delay, or
interruption, but not later than the date of final payment under the Contract.
6.10
STOP WORK ORDER:
The Procurement Officer may, at any time, by written order to the Contractor, require the Contractor
to stop all, or any part, of the work called for by this contract for a period of ninety (90) calendar
days after the order is delivered to the Contractor, and for any further period to which the parties
may agree. The order shall be specifically identified as a stop work order issued under this clause.
Upon receipt of the order, the Contractor shall immediately comply with its terms and take all
reasonable steps to minimize the incurrence of costs allocable to the work covered by the order
during the period of work stoppage. Within a period of 90 calendar days after a stop-work is
delivered to the Contractor, or within any extension of that period to which the parties shall have
agreed, the Procurement Officer shall either:
6.10.1
Cancel the stop work order; or
6.10.2
Terminate the work covered by the order as provided in the Default, or the Termination for
Convenience clause of this Contract.
6.10.3
The Procurement Officer may make an equitable adjustment in the delivery schedule
and/or Contract price, or otherwise, and the Contract shall be modified, in writing,
accordingly, if the Contractor demonstrates that the stop work order resulted in an increase
in costs to the Contractor.
6.11
TERMINATION FOR CONVENIENCE:
Maricopa County may terminate the Contract for convenience by providing sixty (60) calendar days
advance notice to the Contractor.
6.12
TERMINATION FOR DEFAULT:
The County may, by written notice of default to the Contractor, terminate this Contract in whole or
in part if the Contractor fails to:
6.12.1
Deliver the supplies or to perform the services within the time specified in this Contract or
any extension;
6.12.2
Make progress, so as to endanger performance of this Contract; or
6.12.3
Perform any of the other provisions of this Contract.
The County’s right to terminate this contract under these subparagraphs may be exercised if the
Contractor does not cure such failure within ten (10) business days (or more if authorized in writing
by the County) after receipt of the notice from the Procurement Officer specifying the failure.
6.13
STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF INTEREST:
Notice is given that pursuant to A.R.S. § 38-511 the County may cancel any Contract without
penalty or further obligation within three years after execution of the Contract, if any person
significantly involved in initiating, negotiating, securing, drafting or creating the Contract on behalf
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of the County is at any time while the Contract or any extension of the Contract is in effect, an
employee or agent of any other party to the Contract in any capacity or consultant to any other party
of the Contract with respect to the subject matter of the Contract. Additionally, pursuant to A.R.S
§ 38-511 the County may recoup any fee or commission paid or due to any person significantly
involved in initiating, negotiating, securing, drafting or creating the Contract on behalf of the County
from any other party to the Contract arising as the result of the Contract.
6.14
CONTRACTOR LICENSE REQUIREMENT:
The Contractor shall procure all permits, insurance, licenses and pay the charges and fees necessary
and incidental to the lawful conduct of his/her business, and as necessary complete any required
certification requirements, required by any and all governmental or non-governmental entities as
mandated to maintain compliance with and in good standing for all permits and/or licenses. The
Contractor shall keep fully informed of existing and future trade or industry requirements, Federal,
State and Local laws, ordinances, and regulations which in any manner affect the fulfillment of a
Contract and shall comply with the same. Contractor shall immediately notify both Office of
Procurement Services and the Department of all changes concerning permits, insurance, or licenses.
6.15
SUBCONTRACTING:
6.15.1
The Contractor may not assign to another contractor or subcontract to another party for
performance of the terms and conditions hereof without the written consent of the County.
All correspondence authorizing subcontracting must reference the Contract Number and
identify the job project.
6.15.2
The Subcontractor’s rate for the job shall not exceed that of the Prime Contractor’s rate, as
bid in the pricing section, unless the Prime Contractor is willing to absorb any higher rates,
or the County has approved the increase. The Subcontractor’s invoice shall be invoiced
directly to the Prime Contractor, who in turn shall pass-through the costs to the County,
without mark-up. A copy of the Subcontractor’s invoice must accompany the Prime
Contractor’s invoice.
6.16
AMENDMENTS:
All amendments to this Contract shall be in writing and approved/signed by both parties. The
designated Procurement Officer shall be responsible for approving all amendments for Maricopa
County.
6.17
ADDITIONS/DELETIONS OF REQUIREMENTS:
The County reserves the right to add and/or delete materials and services to a Contract. If a service
requirement is deleted, payment to the Contractor will be reduced proportionately to the amount of
service reduced in accordance with the bid price. If additional materials or services are required
from a Contract, prices for such additions will be negotiated between the Contractor and the County.
6.18
STRICT COMPLIANCE:
Acceptance by County of a performance that is not in strict compliance with the terms of the
Contract shall not be deemed to be a waiver of strict compliance with respect to all other terms of
the Contract.
6.19
VALIDITY:
The invalidity, in whole or in part, of any provision of this Contract shall not void or affect the
validity of any other provision of the Contract.
6.20
SEVERABILITY:
The removal, in whole or in part, of any provision of this Contract shall not void or affect the validity
of any other provision of this Contract.
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6.21
RIGHTS IN DATA:
The County shall have the use of data and reports resulting from a Contract without additional cost
or other restriction except as may be established by law or applicable regulation. Each Party shall
supply to the other Party, upon request, any available information that is relevant to a Contract and
to the performance thereunder.
6.22
NON-DISCRIMINATION:
Contractor agrees to comply with all provisions and requirements of Arizona Executive Order 2009-
09 including flow down of all provisions and requirements to any subcontractors. Executive Order
2009-09 supersedes Executive order 99-4 and amends Executive order 75-5 and may be viewed and
downloaded
at
the
Arizona
State
Library
Research
website
(http://azmemory.azlibrary.gov/cdm/singleitem/collection/execorders/id/680/rec/1)
which
is
hereby incorporated into this contract as if set forth in full herein. During the performance of this
Contract, Contractor shall not discriminate against any employee, client, or any other individual in
any way because of that person’s age, race, creed, color, religion, sex, disability, or national origin.
6.23
CERTIFICATION REGARDING DEBARMENT AND SUSPENSION:
6.23.1
The undersigned (authorized official signing on behalf of the Contractor) certifies to the
best of his or her knowledge and belief that the Contractor, it’s current officers and
directors;
6.23.1.1 are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from being awarded any contract or grant by
any United States Department or Agency or any state, or local jurisdiction;
6.23.1.2 have not within three (3) year period preceding this Contract;
6.23.1.2.1 been convicted of fraud or any criminal offense in connection with
obtaining, attempting to obtain, or as the result of performing a
government entity (Federal, State or local) transaction or contract; and
6.23.1.2.2 been convicted of violation of any Federal or State antitrust statues or
conviction for embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen
property regarding a government entity transaction or contract;
6.23.1.2.3 are not presently indicted or criminally charged by a government
entity (Federal, State or local) with commission of any criminal
offenses in connection with obtaining, attempting to obtain, or as the
result of performing a government entity public (Federal, State or
local) transaction or contract; and are not presently facing any civil
charges from any governmental entity regarding obtaining, attempting
to obtain, or from performing any governmental entity contract or
other transaction; and have not within a three (3) year period preceding
this Contract had any public transaction (Federal, State or local)
terminated for cause or default.
6.23.1.3 If any of the above circumstances described in the paragraph are applicable to the
entity submitting a bid for this requirement, include with your bid an explanation
of the matter including any final resolution.
6.23.2
The Contractor shall 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 Contract.
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6.24
VERIFICATION REGARDING COMPLIANCE WITH A.R.S. §41-4401 AND FEDERAL
IMMIGRATION LAWS AND REGULATIONS:
6.24.1
By entering into the Contract, the Contractor warrants compliance with the Immigration and
Nationality Act (INA using E-verify) and all other Federal immigration laws and regulations
related to the immigration status of its employees and A.R.S. §23-214(A). The Contractor
shall obtain statements from its subcontractors certifying compliance and shall furnish the
statements to the Procurement Officer upon request. These warranties shall remain in effect
through the term of the Contract. The Contractor and its subcontractors shall also maintain
Employment Eligibility Verification forms (I-9) as required by the Immigration Reform and
Control Act of 1986, as amended from time to time, for all employees performing work under
the Contract and verify employee compliance using the E-verify system and shall keep a
record of the verification for the duration of the employee’s employment or at least three (3)
years, whichever is longer. I-9 forms are available for download at USCIS.GOV.
6.24.2
The County retains the legal right to inspect Contractor and subcontractor employee
documents performing work under this Contract to verify compliance with paragraph 6.24.1
of this Section. Contractor and subcontractor shall be given reasonable notice of the County’s
intent to inspect and shall make the documents available at the time and date specified.
Should the County suspect or find that the Contractor or any of its subcontractors are not in
compliance, the County will consider this a material breach of the Contract and may pursue
any and all remedies allowed by law, including, but not limited to; suspension of work,
termination of the Contract for default, and suspension and/or debarment of the Contractor.
All costs necessary to verify compliance are the responsibility of the Contractor.
6.25
INFLUENCE:
As prescribed in MC1-1203 of the Maricopa County Procurement Code, any effort to influence an
employee or agent to breach the Maricopa County Ethical Code of Conduct or any ethical conduct
may be grounds for Disbarment or Suspension under MC1-902.
An attempt to influence includes, but is not limited to:
6.25.1
A Person offering or providing a gratuity, gift, tip, present, donation, money, entertainment
or educational passes or tickets, or any type of valuable contribution or subsidy,
6.25.2
That is offered or given with the intent to influence a decision, obtain a contract, garner
favorable treatment, or gain favorable consideration of any kind.
If a Person attempts to influence any employee or agent of Maricopa County, the Chief Procurement
Officer, or his designee, reserves the right to seek any remedy provided by the Maricopa County
Procurement Code, any remedy in equity or in the law, or any remedy provided by this contract.
6.26
CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO
INFORM EMPLOYEES OF WHISTLERBLOWER RIGHTS:
6.26.1
The Parties agree that this Contract and employees working on this Contract will be subject
to the whistleblower rights and remedies in the pilot program on Contractor employee
whistleblower protections 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.
6.26.2
Contractor 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 Contractor and copies provided to County
upon request.
Page 11 of 32
6.26.3
Contractor shall insert the substance of this clause, including this paragraph, in all
subcontracts over the simplified acquisition threshold ($150,000 as of September 2013).
6.27
UNIFORM ADMINISTRATIVE REQUIREMENTS:
By entering into this Contract, Contractor 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.
6.28
ACCESS TO AND RETENTION OF RECORDS FOR THE PURPOSE OF AUDIT AND/OR
OTHER REVIEW:
6.28.1
In accordance with section MC1-371 of the Maricopa County Procurement Code the
Contractor agrees to retain (physical or digital copies of) all books, records, accounts,
statements, reports, files, and other records and back-up documentation relevant to this
Contract 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 latest. The County, Federal
or State auditors and any other persons duly authorized by the Department shall have full
access to, and the right to examine, copy and make use of, any and all said materials.
6.28.2
If the Contractor’s books, records, accounts, statements, reports, files, and other records
and back-up documentation relevant to this Contract are not sufficient to support and
document that requested services were provided, the Contractor shall reimburse Maricopa
County for the services not so adequately supported and documented.
6.29
AUDIT DISALLOWANCES:
If at any time it is determined by the County that a cost for which payment has been made is a
disallowed cost, the County shall notify the Contractor in writing of the disallowance. The course
of action to address the disallowance shall be at sole discretion of the County, and may include
either an adjustment to future invoices, request for credit, request for a check or a deduction from
current invoices submitted by the Contractor equal to the amount of the disallowance, or to require
reimbursement forthwith of the disallowed amount by the Contractor by issuing a check payable to
Maricopa County.
6.30
OFFSET FOR DAMAGES:
In addition to all other remedies at Law or Equity, the County may offset from any money due to
the Contractor any amounts Contractor owes to the County for damages resulting from breach or
deficiencies in performance of the Contract.
6.31
CONFIDENTIAL INFORMATION:
Any information obtained in the course of performing this Contract may include information that is
proprietary or confidential to the County. This provision establishes the Contractor’s obligation
regarding such information.
The Contractor shall establish and maintain procedures and controls that are adequate to assure that
no information contained in its records and/or obtained from the County or from others in carrying
out its functions (services) under the Contract shall be used by or disclosed by it, its agents, officers,
or employees, except as required to efficiently perform duties under the Contract. The Contractor’s
procedures and controls at a minimum must be the same procedures and controls it uses to protect
its own proprietary or confidential information. If, at any time during the duration of the Contract,
the County determines that the procedures and controls in place are not adequate, the Contractor
shall institute any new and/or additional measures requested by the County within fifteen (15)
calendar days of the written request to do so.
Page 12 of 32
Any requests to the Contractor for County proprietary or confidential information shall be referred
to the County for review and approval, prior to any dissemination.
6.32
PUBLIC RECORDS:
Under Arizona law, all Offers submitted and opened are public records and must be retained by the
Records Manager at the Office of Procurement Services. Offers shall be open to public inspection
and copying after Contract award and execution, except for such Offers or sections thereof
determined to contain proprietary or confidential information by the Office of Procurement Services.
If an Offeror believes that information in its Offer or any resulting Contract should not be released
in response to a public record request under Arizona law, the Offeror shall indicate the specific
information deemed confidential or proprietary and submit a statement with its offer detailing the
reasons that the information should not be disclosed. Such reasons shall include the specific harm
or prejudice which may arise from disclosure. The Records Manager of the Office of Procurement
Services shall determine whether the identified information is confidential pursuant to the Maricopa
County Procurement Code.
6.33
PRICES:
Contractor warrants those prices extended to County under this Contract are no higher than those
paid by any other customer for these or similar services.
6.34
INTEGRATION:
This Contract represents the entire and integrated agreement between the parties and supersedes all
prior negotiations, proposals, communications, understandings, representations, or agreements,
whether oral or written, express or implied.
6.35
RELATIONSHIPS:
6.35.1
In the performance of the services described herein, the Contractor shall act solely as an
Independent Contractor or Subrecipient, and nothing herein or implied herein shall at any
time be construed as to create the relationship of employer and employee, co-employee,
partnership, principal and agent, or joint venture between the County and the Contractor.
6.35.2
For Task Order contracts: The County reserves the right of final approval on proposed staff
for all services performed. Also, upon request by the County, the Contractor shall be
required to remove any employees working on County projects and substitute personnel
based on the discretion of the County within two (2) business days, unless previously
approved by the County.
6.35.3
Federal Regulations and Policies:
6.36.2.1 Uniform Administrative Requirements, Cost Principles, and Audit Requirement
for HHS Awards (45 CFR Part 75) - Part 75—Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for HHS Awards
6.36.2.2 Uniform Administrative Requirements, Cost Principles, and Audit Requirements,
Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part
200) – Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards
6.36.2.3 HHS Grants Policies and Regulations -
https://www.hhs.gov/grants/grants/grants-policies-regulations/index.html
6.36.2.4 HHS Grants Policy Statement -
https://www.hhs.gov/sites/default/files/grants/grants/policies-
regulations/hhsgps107.pdf
Page 13 of 32
6.36.2.5 Federal Funding Accountability and Transparency Act (FFATA) -
https://www.fsrs.gov/
6.36.2.6 HHS Acquisition Regulation (HHSAR) -
https://www.hhs.gov/grants/contracts/contract-policies-
regulations/hhsar/index.html
6.36.2.7 Coronavirus Disease 2019 (COVID-19) Funds – As a recipient of funds
awarded by HHS under one or more Coronavirus funding initiatives, Contractor
agrees to:
6.36.2.7.1
As applicable to the award, comply with existing and/or future
directives and guidance from HHS regarding control of the spread
of COVID-19
6.36.2.7.2
In consultation and coordination with HHS, provide,
commensurate with the condition of the individual, COVID-19
patient care regardless of the individual’s home jurisdiction and/or
appropriate public health measures (e.g., social distancing, home
isolation)
6.36.2.7.3
Assist the United States Government in the implementation and
enforcement of federal orders related to quarantine and isolation.
6.36.2.7.4
To the extent applicable, comply with Section 18115 of the
CARES Act, with respect to the reporting to the HHS Secretary of
results of tests intended to detect SARS–CoV–2 or to diagnose a
possible case of COVID–19.
6.37
OFFSHORE PERFORMANCE OF WORK PROHIBITED:
Due to security and identity protection concerns, direct services under this Agreement shall be
performed within the borders of the United States. Any services that are described in the
specifications or scope of work that directly serve the State of Arizona or its clients and may involve
access to secure or sensitive data or personal client data or development or modification of software
for the State shall be performed within the borders of the United States. Unless specifically stated
otherwise in the specifications, this definition does not apply to indirect or “overhead” services,
redundant back-up services, or services that are incidental to the performance of the Agreement.
This provision applies to work performed by the Contractor as well as any Subcontractors.
6.38
AGREEMENT REGARDING COMPLIANCE MONITORING/AUDITING:
The County shall monitor Contractor’s compliance for fiscal and programmatic performance
under the terms and conditions of this Contract and applicable regulations promulgated by the
Federal Funding Agency 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 Contractor’s normal business hours, announced and/or unannounced. For auditing
purposes, the County shall provide the Contractor with 30-days’ advance notice of any proposed
on-site visit. During an on-site visit(s), Contractor shall make all of its records and accounts
related to work performed or services provided under this Contract available to the County for
inspection and copying. County may request information for fiscal monitoring/audits per OMB
Uniform Guidance 2 C.F.R. § 200.
6.39
CONTINGENCY RELATING TO OTHER AGREEMENTS AND GRANTS:
Contractor shall, during the term of this Contract, within 15 business days from acceptance, inform
the MCDPH Grant Administrator 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 Contract. The Contractor’s failure to notify the
County of any such agreement shall be a breach of this Contract and the County may immediately
terminate this Contract without liability.
Page 14 of 32
The MCDPH Grant Administrator may request, and Contractor 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 MCDPH Grant Administrator, the award of the agreement or grant may
affect the costs being paid or reimbursed under this Contract.
If the MCDPH Grant Administrator determines that the award to the Contractor of such other
agreements or grants has affected the costs being paid or reimbursed under this Contract, then the
MCDPH Grant Administrator shall prepare an amendment to this Contract effecting a cost
adjustment. If the Contractor disputes the proposed cost adjustment, then the dispute shall be
resolved pursuant to the "Disputes" paragraph of this Contract.
6.40
DISPUTES:
Except as may otherwise be provided for in this Contract, the Parties may attempt to informally
resolve any dispute arising out of this Contract for a reasonable period of time which shall not
exceed one hundred twenty (120) calendar days. Disputes which are not resolved in that time
period shall be submitted in accordance with the following formal dispute resolution process:
6.40.1
If a dispute cannot be resolved informally, then the Contractor shall notify the
Department in writing by mailing notice of the dispute to the MCDPH Procurement
Officer within ten (10) business days from expiration of the informal dispute resolution
process described above.
6.40.2
The MCDPH Procurement Officer shall respond in writing to the Contractor within
fourteen (14) business days. The decision of the MCDPH Procurement Officer shall be
final and conclusive unless, within seven (7) business days after the date the Contractor is
served with the decision, the Contractor files a written notice of appeal with the MCDPH
Department Director.
6.40.3
The MCDPH Director shall provide Contractor with a written response within fourteen
(14) business days following receipt of the notice of appeal. The decision of the MCDPH
Director shall be final and not able to be appealed.
6.40.4
Pending a final decision of the MCDPH Director, Contractor shall diligently proceed
with its performance of this Contract in accordance with the MCDPH Procurement
Officer’s decision.
6.41
GOVERNING LAW:
This Contract shall be governed by the laws of the State of Arizona. Venue for any actions or
lawsuits involving this Contract will be in Maricopa County Superior Court, Phoenix, Arizona.
6.42
ORDER OF PRECEDENCE:
In the event of a conflict in the provisions of this Contract and Contractor’s proposed initial or best
and final response to the solicitation, the terms of this Contract shall prevail.
6.43
INCORPORATION OF DOCUMENTS:
The following are to be attached to and made part of this Contract:
6.43.1
Exhibit A, Pricing and Budget Worksheets
6.43.2
Exhibit B, Scope of Work
6.43.3
Exhibit C, Office of Procurement Services Contractor Travel and Per Diem Policy
6.44
NOTICES:
Page 15 of 32
All notices given pursuant to the terms of this Contract shall be addressed to:
For County:
For Contractor:
Maricopa County Department of Public Health
Tiger Mountain Foundation
Purchasing & Contracts Unit
ATTN: Darren Chapman
ATTN: Cheryl Bucalo, Procurement Officer
3146 E Wier Ave, #31
4041 N. Central Avenue, #1400
Phoenix, AZ 85040
Phoenix, AZ 85012
darren.chapman@tigermoutainfoundation.org
Cheryl.Bucalo@Maricopa.gov
(602) 687-7725
(602) 506-6886
IN WITNESS WHEREOF, this Contract is executed on the date set forth above.
CONTRACTOR
AUTHORIZED SIGNATURE
PRINTED NAME AND TITLE
ADDRESS
DATE
MARICOPA COUNTY
CHAIRMAN, BOARD OF SUPERVISORS
DATE
ATTESTED:
CLERK OF THE BOARD
DATE
APPROVED AS TO FORM:
DEPUTY COUNTY ATTORNEY
DATE
Page 16 of 32
EXHIBIT A
PRICING AND BUDGET WORKSHEETS
$499,882.23
American Rescue Plan Act
Page 17 of 32
Budget Detail Worksheet
RFP # and Title:
Section I -- Organization Information
Date Prepared:
Organization Name:
Section II -- Budget at a Glance
Formulas in this section will auto-calculate with information entered into the Budget Detail Tab
Total Budget Requested
Personnel
Salaries
19,440.00
$
Personnel
Fringe Benefits
2,257.20
$
Total Personnel and Staff Expenses:
21,697.20
$
Total Equipment and Supplies Cost:
50,743.00
$
Total Contractual Costs:
362,240.00
$
Total Operating / Infrastructure Costs:
-
$
Total Amount Requested Before Indirect Applied:
434,680.20
$
Indirect Costs (15% of Total):
65,202.03
$
Total Amount Requested:
499,882.23
$
Section III -- Compensation Schedule
PH RFP 220200, Building Healthy and Resilient Communities - Central Region
TigerMountain Foundation
1/9/2022
Deliverable
Deadline
% of Total Grant Award
Completion of Signed Contract
July 1, 2022
40%
August Report and Invoice
August 30, 2022
12%
September Report and Invoice
September 30, 2022
12%
December Report and Invoice
December 31, 2022
12%
March Report and Invoice
March 31, 2023
12%
Final Report and Invoice
May 31, 2023
12%
Page 18 of 32
Budget Detail Worksheet
Category
Line Item
Description
Staff Last Name & Title
% of staff person budgeted to contract
Requested budget amount
Personnel
Staff 1
Darren Chapman CEO/Founder will serve as
project manager and will oversee the capacity
building plan, ensuring the project is completed
on time and meets all requirements of the
city/county/state. He also will oversee hiring of
new agri-landscaping staff. Darren will work 4
hours per week on the project. $40x4x54=$8,640
10% $ 8,640.00
Personnel
Staff 2
Rachel Manley will oversee purchase of
equipment needed for the tree new teams
ensuring that the new crews will have adequate
tools etc. to complete their jobs safely and
effectively. She will spend 4 hours per week on
this project. $20 per hr. x 4 hrs. per wk. x 54wks.=
$4,320
10% $ 4,320.00
Personnel
Staff 3
Doniesha Higgins, will handle payroll and oversee
onboarding of new staff for this grant.
$20x4x54=$4,320
10% $ 4,320.00
Personnel
Staff 5
Jade Jackson, data collection, will record data
related to the grant and provide reports as
needed. $20x2x54=$2,160
5% $ 2,160.00
0.35 $ 19,440.00
Category
Line Item
Description
Types of fringe (FICA, Medical, etc.)
% budgeted to contract
Requested budget amount
Personnel
Fringe Benefits
Employer costs for W-2 employees based on staff
salaries listed above @ 11%
100% of salaries for staff listed above in this grant
proposal
$ 2,257.20
Personnel
Fringe Benefits
$ -
$ 2,257.20
Health Disparities 5.5.4.1 Salaries and Wages
Health Disparities 5.5.4.2 Fringe Benefits
Total Budgeted FTE:
Total Fringe Benefits:
PH RFP 220200, Building Healthy and Resilient Communities - Central Region
TigerMountain Foundation
Page 19 of 32
Budget Detail Worksheet (continued)
Category
Line Item
Description
Requested budget amount
Supplies
Seeds and plants
Seeds, plants selected for implementation stage
$ 1,250.00
Supplies
Rental tractor with
tilling/harrowing
$ 6,000.00
Equipment
Augers (1)
$ 300.00
Equipment
Trencher (1)
$ 3,000.00
Equipment
Rental backhoe
$ 6,000.00
Equipment
Tools and
equipment
$ 33,653.00
Marketing / Engagement
Nutrient analysis
software
$ 540.00
$ 50,743.00
Category
Line Item
Description
Consultant / Contractor Name
Service Provided
Requested budget amount
Contractor
Contractor
Anne Cimarelli-Stears, Registered Dietitian
Nutritionist
Develop culturally appropriate curriculum on
obesity, teach TMF educators the curriculum and
how to teach it to participants, including use of
evaluation tools 2 hrs. per wk. $30x 54 hours
=$3,240
$ 3,240.00
Contractor
Contractor
Crew Lead - To Be Hired During Grant Period
Will manage 6-person crew to implement agri-
landscaping design plan, perform maintenance,
harvest as needed. Will teach agri-landscaping
skills through experiential learning prior to
project start, will ensure all deliverables are met.
related duties as necessary - 1FTE
$ 35,000.00
Contractor
Contractor
Tanner Properties
Will design the layout and other plans for 30 mini
homes as part of the housing/agri-landscaping
PSE model
$ 117,000.00
Contractor
Contractor
First New Life Community Development
Create a nutritious food hub community plan as
part of the PSE housing/agri-landscaping model
food distribution
$ 72,000.00
Contractor
Contractor
Labor Crew Staff - To Be Hired During Grant Period
in May/June
Perform all landscaping construction duties
including soil preparation, bed construction,
planting, garden maintenance and harvesting as
scheduled. Related duties as necessary 4 laborers
@ 25 hrs/wk at $20/hr. x 52 wks. = $156,000
$ 104,000.00
Financial sponsor
Financial services
$ 31,000.00
$ 362,240.00
Health Disparities 5.5.4.3 Equipment and Supplies
Total Equipment and Supply Costs:
Health Disparities 5.5.4.4 Contractual Services
Detail
TAPAZ (Technical Assistance Partnership of Arizona) Handles all financial matters related to the
grant
10% of TMF share of grant total
Needed for building beds, trimming gras, planting trees, bushes, and seedlings, etc. Detailed list is
on next tab of this spreadsheet, added due to limited space.
Allows participants to learn about the nutrient composition of their diets to assist in weight
management. Also used to educate community members about the nutrition value in seasonal
produce grown in agri-landscaping projects $45 per month x 12 months
Needed to make trenches for irrigation systems
As needed to remove roots, move soil, transfer compost, and other clearing, digging
As needed to till and harrow incubator farm plots, prepare community garden plots
Needed to dig post holes
Page 20 of 32
Budget Detail Worksheet (continued)
Category
Line Item
Description
Description
Target Population(s)
Requested budget amount
Staff Expenses
Staff Development
Operating costs all covered under fixed indirect
cost amounts (administrative salaries, office
supplies, rent, electricity, Internet, etc.
$ -
Staff Expenses
Staff Travel
Policy Change
Policy 1
$ -
Policy Change
Policy 2
$ -
Policy Change
Policy 3
$ -
System Change
System 1
$ -
System Change
System 2
$ -
System Change
System 3
$ -
Environmental Change
Environmental 1
$ -
Environmental Change
Environmental 2
$ -
Environmental Change
Environmental 3
$ -
$ -
Total Amount Requested Before Indirect Applied: $ 434,680.20
Indirect Costs
Fixed cost
$ 65,202.03
Total Budget Requested: $ 499,882.23
Indirect costs are calculated automatically and are capped at 15% of the total budget
Health Disparities 5.5.4.6 Indirect Costs
Health Disparities 5.5.4.5 Other Operating / Infrastructure Costs
Total Operating / Infrastructure Costs:
Equipment and rental costs listed above are to
build TMF capacity to expand our edible
landscaping (agri-landscaping projects. That will
allow us to expand our South Phoenix projects
throughout the Central Region at a more efficient
rate. We want to build capacity for PSE projects
that eliminate barriers of transportation and cost
to get fresh produce. This effort will include a
model housing/agri-landscaping that promotes
policy changes that allow environmental changes
that create a system change whereby low-income
residents will have fresh produce growing at their
homes or at commercial sites in their
neighborhoods and they no longer face
transportation barriers or unaffordable prices for
fresh produce.
Our target audience is low-income and other
socially disadvantaged residents who face
barriers to eating healthy. As a result of poor
diets, obesity and other food-linked diseases are
higher than average. This project provides fresh
produce through agri-landscaping, community
gardens and incubator farm lots for people who
want to be farmers. As we build projects such as
the model housing/edible landscaping project
mentioned in our proposal, it will open the door
for policy changes in other areas of the Central
Region to allow similar projects that change the
environment in urban communities. This creates a
system change where communities have
increased access to fresh produce, have enhanced
ability to eat healthy meals for less cost, and learn
ways to fight obesity through healthy meals and
Page 21 of 32
Budget Detail Worksheet (continued)
0 TOOL & EQUIPMENT LIST
0
$169 each
6 Gorilla 7 cubic foot poly carts
1014
$20 each
50 craftsman spade shovels
1000
$40 each
10 pitch forks
400
$11 each
20 rakes - 1/2 iron; 1/2 leaf
220
$75 each
6 wheelbarrows (no flat tire) 6 CU ft.
450
$20 each
15 pairs of gloves
300
$7 per box
12 boxes of 50 disposable dust protection masks
84
$350 each
3 gas powered chain saws
1050
$350 each
2 gas powered hedge trimmers
700
$350 each
2 gas powered weed eaters
700
$15 each
10 short handle spade shovels
150
$20 each
10 two-prong hoes
200
$60 each
10 Compound Lopper
600
$22 each
5 hand held pruning saws
110
$20 each
10 Hand Pruners
200
$30 each
10 hedge shears
300
$500 each
3 pressure washers
1500
$1100 each
Husquerv or Peterbilt A 2500 generator
1100
$75 each
10 3-5 gallon sprayers
750
$3,500 yearly
Seeds and plants
3,500
$360 each
5 Extended Pole saw, gas powered
1800
$35 each
15 trench shovels
525
$3,500 each
2 trailers
7000
$10,000 each
1 used truck
10000
TOTAL TOOLS
0
33653
Page 22 of 32
EXHIBIT B
Scope of Work
Original Scope of Work from Solicitation
2.0 SCOPE OF WORK:
2.1 Funded proposals shall:
2.1.1
Focus on policy, environmental, and/or systems change regarding at least one priority area
identified for the Central Region.
2.1.2
Describe how any resources that may be developed with grant funds will directly support
the enactment of policy, systems, and/or environmental change.
2.1.3
Include a project plan and timeline with details of how your innovative new or existing
project(s) will improve priority areas and address health disparities.
2.1.4
Attend quarterly required training provided by MCDPH staff in areas such as health equity,
Maricopa County Public Health Priorities, and motivational interviewing.
2.2 In addition to the proposed plan, each agency shall be required to actively participate in a Community
Advisory Board (CAB) made up of funded and non-funded partners representing the Central Region.
Please account for this time when making funding and budget proposals. The CAB will work
collaboratively with MCDPH staff and the Health Improvement Partnership of Maricopa County
(HIPMC) to develop and implement a Regional Action Plan / Community Health Improvement Plan for
the Central Region. The CAB will be led by a contracted consultant who will help guide the process.
Each agency’s participation in the CAB will support the following, but not be limited to:
2.2.1
Develop goals, objectives, and shared timelines to address social determinants of health in
rural, suburban, and urban parts of the region for priority areas.
2.2.2
Review and implement solutions based on the 2019 and 2021 Community Health Needs
Assessment data to address priority areas within the specified region.
2.2.3
Determine data gaps for further analysis.
2.2.4
Inform and educate MCDPH regarding outreach and engagement techniques that are
culturally and linguistically appropriate for macro and micro communities within the
region.
2.2.5
Complete a Health Equity Readiness Assessment to determine health equity needs,
trainings, supports, and other resources as well as identify opportunities for additional and
future funding.
2.2.6
Determine strategies for increasing COVID-19 testing and vaccine availability across
populations that have been disproportionally impacted by the pandemic.
2.2.7
Mobilize community partners, community-based organizations (CBO), and residents to
participate in the 2022/2023 Maricopa County Community Health Needs Assessment to
ensure accurate and equitable data collection that will represent the Central Region.
2.2.8
Create community emergency response plan templates and develop general processes for
facilitating a public health emergency response amongst community-based partners.
2.3 Work with MCDPH funded Consultants (selected through a separate process) to:
2.3.1
Maintain regular communication (meeting at least once per month) to meet action plan
development deliverables.
Page 23 of 32
2.3.2
Disseminate regional and awardee updates through HIPMC.
2.3.3
Identify gaps in representation and opportunities to address those gaps.
2.3.4
Attend quarterly required training provided by MCDPH staff in areas such as health equity
and motivational interviewing.
2.4 Reporting
2.4.1
MCDPH shall require quarterly reporting on a template that will be provided to Contractor.
2.4.2
Other reporting may be necessary as agreed upon with Contractor, MCDPH, and
consultants.
2.5 Compensation
2.5.1
In order to ensure equitable access to resources and assist smaller agencies with limited
resources but with strong ties to their community, funds will be provided in advance upon
receipt of the following deliverables and then quarterly thereafter according to the
following timetable.
Deliverable
Deadline
% of Total Grant Award
Completion of Signed Contract
April 1, 2022
40%
June Report and Invoice
June 30, 2022
12%
September Report and Invoice
September 30, 2022
12%
December Report and Invoice
December 31, 2022
12%
March Report and Invoice
March 31, 2023
12%
Final Report and Invoice
May 31, 2023
12%
Page 24 of 32
Contractor’s Response
PROPOSAL
This proposal allows us to build capacity so we can position ourselves to provide agri-landscaping to commercial
sites and housing areas throughout low-income communities in the Central Region, beginning with the Tanner
Properties project on Broadway in South Phoenix. Funds will purchase equipment, supplies, and tools for projects,
as well as provide funding to hire crew leaders and agri-landscaping team members (Participants). TMF will hire
workers from low-income and food desert communities, which are largely comprised of BIPOC families. TMF’s
commitment to diversity is evident in its Board of Directors, its staff, and its participants. In its hiring practices,
TMF actively seeks people of all races, ethnicities, ages, genders, etc. We welcome everyone on an equal footing.
Benefits to the community from this increased capacity to accomplish this and future projects include, but are not
limited to increased food access, healthier living knowledge, and job opportunities for residents. In addition, we will
have the capacity to increase the number of agri-landscaping projects and bring this PSE housing/edible landscaping
concept to other interested areas in the Central Region.
Our BIPOC and marginalized community-led agri-landscaping initiative will assist veteran and families of low
income neighborhoods by building capacity that will then allow us to successfully enact the following strategies:
Community development – TMF and developmental entrepreneur businesses will expand our agri
landscaping initiative to be at the forefront of innovative food access while also creating 200 jobs in South
Phoenix.
Personal Strategy Roadmap – our unique point of entry that includes mentors/instructors/educators and
teachers who will address substance abuse, housing, and mental health issues.
Housing/Healthy development – in partnership with our partners, First New Life Community
Development/Tanner Community Development Corp, Tanner Properties Inc. and HEAAL Coalition:
o
Partners will build low-income and veteran homes on the properties next to and adjacent to the
Tanner Gardens.
o
TMF will plant edible landscaping and establish a working incubator farm on the property.
o
TMF and entrepreneur businesses will establish a health/farm food store near 19th Ave. and
Roeser Road, which will feature fresh fruits and vegetables from the edible landscaping gardens
and the incubator farm to provide overall community narrative change.
TMF Background
TMF is a minority-led initiative with leadership and participants including people of color, women, seniors,
veterans, at-risk youth, LBGTQI community, multi-national farmers, youth, and adults who are homeless, and the
disabled. Our participants include men and women re-entering society from prison or jail and youth referred to us by
juvenile services. All who want to improve their lives are welcome to be part of TMF.
Since its inception, TigerMountain’s MISSION has been to empower people by building flourishing community
gardens on vacant lots in South Phoenix while providing healthy eating and life skills support and workforce
development through neighborhood revitalization and beautification. Our VISION is to act as a change agent for
healthy living - a healthy community where all citizens can reach their maximum potential.
Since 2007, TMF has been successful at helping to improve the health of BIPOC and other socially disadvantaged
individuals through our gardens: Garden of Tomorrow, Brooks Academy gardens, and Spaces of Opportunity. Our
latest agri-landscaping project is located in the MAC6 area of Tempe where homelessness and substance abuse have
been a chronic problem. Through our community engagement and job opportunities for people who want to change
their current lifestyles, we are building community gardens, an urban food forest, and decorative plots of fruits,
vegetables, edible flowers, nuts, legumes, and herbs.
TMF began by turning blighted lots in food deserts into gardens to help people learn how to grow, prepare, and eat
healthy foods. That continues to be crucial for residents of food deserts, where food insecurity and poor eating habits
contribute to overweight, obesity, high blood pressure, cardiovascular problems, and diabetes. TMF currently grows
produce at the Garden of Tomorrow and Spaces of Opportunity gardens and gives part of the harvest to participants.
The rest is taken to pop-up stands and farmers markets or donated to food pantries.
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PSR and Mentors
One of the keys to our success is the Personal Strategy Roadmap (PSR) and the accompanying mentor project.
Every participant and staff member at TMF fills out a PSR that provides our organization with basic demographics
and identification of needs. Mentors are assigned to help individuals reach their goals and ensure needs are met.
Each participant sets three personal and three community goals they want to achieve. Achievements are celebrated,
one step at a time. Progress toward completing goals is one tool TMF uses to evaluate our effectiveness. Other
evaluation tools include pre- and post- surveys, KWLs (what you Know about a topic, What you want to learn and
what you Learned from the lesson), and anecdotal reports. One of the keys to our success is the Personal Strategy
Roadmap (PSR) and the accompanying mentor project. Every participant and staff member at TMF fills out a PSR
that provides our organization with basic demographics and identification of needs. Mentors are assigned to help
individuals reach their goals and ensure needs are met. Each participant sets three personal and three community
goals they want to achieve. Achievements are celebrated, one step at a time. Progress toward completing goals is
one tool TMF uses to evaluate our effectiveness. Other evaluation tools include pre- and post- surveys, KWLs (what
you Know about a topic, What you want to learn and what you Learned from the lesson), and anecdotal reports.
The transition and transformation of the lives of our participants through healthy eating and lifestyle sessions
provide lifelong impact to their health equity and resiliency by enhancing their wellness and bolstering immunity.
Some examples of our success in helping people eat healthier and increase wellness:
Mr. X struggles with obesity and his mentor encouraged him to eat healthy foods and exercise to start
losing pounds in a safe, healthy manner.
Several youths reported not eating carrots. After learning how to prepare fresh vegetables as health snacks,
they said they were surprised at how good carrots taste.
Two teenage brothers harvested greens from their garden and prepped and cooked them for dinner when
their mother was running late – but they enjoyed them so much, there was none left for their mother!
A former college student who worked with TMF several years ago now has a family and owns a home in
Gilbert. He has turned his front yard into edible landscaping based on what he learned at TMF. During
COVID pandemic, he has had readily available fresh food for his family, along with extra he used to barter
for eggs from his neighbor.
Five youths used the knowledge they gained at TMF to start gardens at their own homes.
Ms. N came to our volunteer sessions and learned how to navigate and post on TMF’s social media pages.
Through experiential learning in our gardens, she discovered how beneficial nutritious foods and activities
are for her health. Her efforts brought in additional volunteers and built a digital archive of our
achievements.
These and hundreds of other examples demonstrate that TMF healthy eating and active living strategies work.
Timeline and Activities
During the planning stages of the Tanner property housing plan project, TMF will build capacity for the plan and
design the project. That includes buying equipment, tools, supplies, along with hiring and teaching the staff needed
to do the work.
TMF will work with our partners to design the agri-landscaping components of this PSE model: community garden
and incubator farm plots, an urban food forest of fruit and nut trees, fruits and vegetables in gardens and community
garden plots, incubator farm lots, and weight-management curriculum.
Agri-landscaping staff will be comprised of low-income youth and adults from the area. We will hire and teach them
with this funding so everyone is ready to go when agri-landscaping begins on the first PSE project at Tanner
property and at subsequent commercial and housing sites throughout the Central Region.
Funding will be used to build capacity for these steps in the project:
Design and related planning for agri-landscaping, community garden, and incubator farm layouts
Buy sufficient tools, equipment, and supplies to start the construction
Recruit and teach low-income residents to work as paid participants on the agri-landscaping teams
Develop obesity prevention and mitigation curriculum that will be culturally and reading-level appropriate
for the audience
No funds from this proposal will be used for direct services.
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Evaluation of this project will begin at implementation. Evaluation tools will include tracking progress of paid
participants through pre-and post-surveys, KWLs, anecdotal evidence, and self-reporting. Evaluation of our capacity
building plan will include adherence to timeline and successful solutions to challenges or barriers that arise.
Given any supply chain or building permit approval issues as construction is contingent on permit approval and
high volume of equipment – Are delays anticipated? If so, how will delays affect completion of deliverables? Explain
in full detail
Potential Delays
Current supply chain issues potentially could affect the timeline. However, TMF buys from several suppliers,
decreasing the risk of a holdup in purchasing equipment as part of this grant. Supply chain issues will not affect the
following:
Model design of Tanner property PSE project
Hiring and education of staff
Obesity curriculum development and instruction
Presentation to city planners, amendments as needed, and permitting
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Even if supply chain or building approval permits cause a delay on the Tanner property project, three other
developers in South Phoenix and the greater Phoenix area have approached TMF asking that we implement agri-
landscaping. This funding would allow us to hire and educate team members so we could accept those contracts and
promote the PSE model at other sites. Having three established and educated agri-landscaping teams will let TMF
become sustainable in the future and will reduce food scarcity across Central Arizona, not just in South Phoenix.
Commitment to Continuous Improvement
TMF has been committed to improving our services since we became an organization. We are always looking for
the best curriculum and highly qualified educational expertise to ensure that our participants are learning in a
manner that is adapted to their learning styles, is culturally appropriate, and is relevant to their future success. In
2020, we hired experienced educators who have taught K-12 through graduate studies and have extensive expertise
in working with diverse populations. We also hired an additional Master Gardener educator with years of experience
in gardening and teaching. These consultants work with our participants to teach them skills that all those
participants to move up and become educators. TMF hired a Registered Dietitian Nutritionist to expand the nutrition
initiatives and provide additional hands-on learning in nutrition and wellness topics. We are finalizing the
establishment of two college level nutrition and wellness classes that provide equivalent college credit at Rio Salado
Community College.
Education and peer-to-peer mentoring ensure that when current leaders move on, they will be replaced by younger
leaders who have learned and developed those same skills. They, in turn, will pass on that knowledge and those
skills to others to make sure future generations of TMF participants will have the same quality education, the same
effective support, and the same opportunities to move up in our organization.
Our gardening and farming staff and participants are always seeking innovative strategies to improve crop
production. Agri-landscaping is one example of the way TMF embraces new strategies to improve community
health.
In recent years, TMF has increasingly focused on data to evaluate our progress as well as that of our participants.
With the addition of evaluation tools, we are able to look at individual and group approaches to see how effective
they are at teaching skills. When data shows weaknesses, we find ways to strengthen that deliverable. For example,
since the beginning of COVID, we knew that the number of volunteers was down, but data showed that we still
managed to produce and distribute similar amounts from before the pandemic. (More than 19,000 pounds of produce
were distributed to individuals and families in 2021, even though Covid continued to affect the number of
volunteers.) That and other data told us that the strategies we put in place at the Garden of Tomorrow and Spaces of
Opportunity were effective in maintaining the quality and amounts of produce we provide to the community.
If given the funding to build our capacity so we can implement PSE and additional agri-landscaping projects, we
will continue to provide education, collect data, and use it to continually improve.
Our plans to continue addressing health disparities include the three issues addressed in the community assessment.
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In accordance with grant requirements, TMF staff will attend quarterly required training and will actively participant
in a Community Advisory Board to develop and implement a regional action plan/community health improvement
plan for the Central Region.
PERSONNEL AND PAYMENT
TMF needs to hire additional staff to take on this project and create similar projects throughout the Central Region.
Existing staff will work on the design planning for the PSE project and will hire and teach all new staff needed for
this proposal. Leadership roles for the new crew will require some experience. However, labor positions may be
filled by newcomers to TMF. Inexperienced participants will learn and hone skills by working on existing agri-
landscaping projects. Our goal is to ensure every crew member has the skills and confidence needed to work more
semi independently on this and future projects. During the learning phase of capacity building, all new participants
will complete a PSR, receive mentoring services, and learn financial literacy, workforce development, nutrition, and
life skills. As with all our participants, they will be connected with any needed services that TMF does not provide.
TMF Staff
Darren Chapman, CEO/Founder will serve as project manager and will oversee the capacity building plan
on this project, ensuring all deliverables are met in a timely manner. He also will manage hiring of new
Agri landscaping staff. Darren will work 4 hours per week on the project. His resume is attached. (10%
FTE)
Leticia Scearce will oversee purchase of equipment needed for the tree new teams ensuring that the new
crews will have adequate tools etc. to complete their jobs safely and effectively. She will spend 4 hours per
week on this project. (10% FTE) Resume is pending
Doniesha Higgins will handle payroll and oversee onboarding of new staff for this grant. She will spend 4
hours per week on this grant. (10% FTE) Her resume is attached.
Jade Jackson, data collection, will record data related to the grant and provide reports as needed. She will
spend two hours per week on this project (5% FTE) Resume is pending.
New staff will start as 1099 employees.
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TMF Contractors
Anne Cimarelli-Stears, Registered Dietician Nutritionist – Will research and identify weight-management
curriculum and will adapt as needed to ensure it meets the learning style needs of the audience and that it is
culturally appropriate for all. She will prepare education leads to teach the curriculum, in part through
modeling and peer-to-peer coaching. 42 hours total
Crew Lead – To Be Hired During Grant Period Will manage 6-person crew to implement agri-landscaping
design plan, perform maintenance, harvest as needed. Will teach agri-landscaping skills through
experiential learning prior to project start, will ensure all deliverables are met. Related duties as necessary -
1FTE
Labor Crew Staff – To Be Hired During Grant Period in May/June Perform all landscaping construction
duties including soil preparation, bed construction, planting, garden maintenance and harvesting as
scheduled. Related duties as necessary 4 laborers @ 25 hrs./wk.
Tanner Properties – Will design the layout and other plans for 30 mini homes as part of the
housing/agrilandscaping PSE model
First New Life Community Development –Create a nutritious food hub community plan as part of the PSE
housing/agri-landscaping model food distribution
Technical Assistance Partnership of Arizona (TAPAZ) – handles all financial matters of the grant
This level of staffing with full-time and part-time employees will let us fulfill more than double the contracts we
have been able to handle in the past. As we bring fresh produce to more neighborhoods through agri-landscaping,
we will be able to add on to our crews to further reduce food insecurity and increase the health of Central Region
residents.
Salaries and Wages
Darren Chapman $40 per hr. x 4 hrs. per wk. x 54 wks. = $8,640
Doniesha Higgins $20 per hr. x 4 hrs. per wk. x 54wks.= $4,320
Leticia Scearce $20 per hr. x 4 hrs. per wk. x 54wks.= $4,320
Jade Jackson $20 per hr. x 2 hrs. per wk. x 54wks.=$2,160
Fringe Benefits
Employer costs for W-2 employees based on staff salaries above @ 11% = $2257.20
Equipment and Supplies
Rental tractor with tilling/harrowing as needed to till and harrow incubator farm plots, prepare community
garden plots - $6,000.00
Augers (1) Needed to dig post holes - $300.00
Trencher (1) Needed to make trenches for irrigation systems $3,000.00
Rental backhoe as needed to remove roots, move soil, transfer compost, and other clearing, digging -
$6,000.00
Tools and equipment Needed for building beds, trimming
TOOL & EQUIPMENT LIST
$169 each 6 Gorilla 7 cubic foot poly carts 1014
$20 each 50 craftsman spade shovels 1000
$40 each 10 pitch forks 400
$11 each 20 rakes - 1/2 iron: 1/2 leaf 220
$75 each 6 wheelbarrows (no flat tire) 6 CU ft. 450
$20 each 15 pairs of gloves 300
$7 per box 12 boxes of 50 disposable dust protection masks 84
$350 each 3 gas powered chain saws 1050
$350 each 2 gas powered hedge trimmers 700
$350 each 2 gas powered weed eaters 700
$15 each 10 short handle spade shovels 150
$20 each 10 two-prong hoes 200
$60 each 10 Compound Lopper 600
$22 each 5 handheld pruning saws 110
$20 each 10 Hand Pruners 200
$30 each 10 hedge shears 300
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$500 each 3 pressure washers 1500
$1100 each Husquerv or Peterbilt A 2500 generator 1100
$75 each 10 3–5-gallon sprayers 750
$3,500 yearly Seeds and plants 3,500
$360 each 5 Extended Pole saw, gas powered 1800
$35 each 15 trench shovels 525
$3,500 each 2 trailers 7000
$10,000 each 1 used truck 10000
TOTAL TOOLS 33653
Contractual Services
Anne Cimarelli-Stears $30 per hr. x 2 hrs. per wk. x 54wks. = $3,240
Crew Lead – $21.64 per hr. x 40 hrs. per wk. x 52 wks. = $35,000
Labor Crew Staff – 4 laborers @ at $20 per hr. x 25 hrs. per wk. x 52 wks. = $104,000
TAPAZ financial services – 10% of TMF grant total = $31,000
Tanner Properties – $117,000
First New Life Community Development - $72,000
Other Operating / Infrastructure Costs – covered under fixed indirect cost amounts (administrative salaries,
office supplies, rent, electricity, Internet, etc.
Indirect Cost, not to exceed 15% of the total budget $64,283.10
Proposal exceptions NA
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EXHIBIT C
OFFICE OF PROCUREMENT SERVICES CONTRACTOR TRAVEL AND PER DIEM POLICY
1.0
All contract-related travel plans and arrangements shall be prior-approved by the County Contract
Administrator.
2.0
Lodging, per diem and incidental expenses incurred in performance of Maricopa County/Special District
(County) contracts shall be reimbursed based on current U.S. General Services Administration (GSA)
domestic per diem rates for Phoenix, Arizona. Contractors must access the following internet site to
determine rates (no exceptions): (www.gsa.gov).
2.1
Additional incidental expenses (i.e., telephone, fax, internet and copying charges) shall not be
reimbursed. They should be included in the contractor’s hourly rate as an overhead charge.
2.2
The County will not (under no circumstances) reimburse for Contractor guest lodging, per diem or
incidentals.
3.0
Commercial air travel shall be reimbursed as follows:
3.1
Coach airfare will be reimbursed by the County. Business class airfare may be allowed only when
preapproved in writing by the County Contract Administrator as a result of the business need of the
County when there is no lower fare available.
3.2
The lowest direct flight airfare rate from the Contractors assigned duty post (pre-defined at the time
of contract signing) will be reimbursed. Under no circumstances will the County reimburse for
airfares related to transportation to or from an alternate site.
3.3
The County will not (under no circumstances) reimburse for Contractor guest commercial air travel.
4.0
Rental vehicles may only be used if such use would result in an overall reduction in the total cost of the trip,
not for the personal convenience of the traveler. Multiple vehicles for the same set of travelers for the same
travel period will not be permitted without prior written approval by the County Contract Administrator.
4.1
Purchase of comprehensive and collision liability insurance shall be at the expense of the contractor.
The County will not reimburse contractor if the contractor chooses to purchase this coverage.
4.2
Rental vehicles are restricted to sub-compact, compact or mid-size sedans unless a larger vehicle is
necessary for cost efficiency due to the number of travelers. (NOTE: contractors shall obtain pre-
approval in writing from the County Contract Administrator prior to rental of a larger vehicle.)
4.3
County will reimburse for parking expenses if free, public parking is not available within a
reasonable distance of the place of County business. All opportunities must be exhausted prior to
securing parking that incurs costs for the County. Opportunities to be reviewed are the DASH;
shuttles, etc. that can transport the contractor to and from County buildings with minimal costs.
4.4
County will reimburse for the lowest rate, long-term uncovered (e.g. covered or enclosed parking
will not be reimbursed) airport parking only if it is less expensive than shuttle service to and from
the airport.
4.5
The County will not (under no circumstances) reimburse the Contractor for guest vehicle rental(s)
or other any transportation costs.
5.0
Contractor is responsible for all costs not directly related to the travel except those that have been pre-
approved by the County Contract Administrator. These costs include (but not limited to) the following: in-
room movies, valet service, valet parking, laundry service, costs associated with storing luggage at a hotel,
fuel costs associated with non-County activities, tips that exceed the per diem allowance, health club fees,
and entertainment costs. Claims for unauthorized travel expenses will not be honored and are not
reimbursable.
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6.0
Travel and per diem expenses shall be capped at 15% of project price unless otherwise specified in individual
contracts.
7.0
Contractor shall provide, (upon request) with their invoice(s), copies of receipts supporting travel and per
diem expenses, and if applicable with a copy of the written consent issued by the Contract Administrator. No
travel and per diem expenses shall be paid by County without copies of the written consent as described in
this policy and copies of all receipts.