IGA BETWEEN MARICOPA COUNTY -HIV MEDIA EXPANSION_ENCRYPTED_.PDF
Extracted text (via pymupdf)
40425 characters
City of Phoenix Contract Route Slip Administrative Regulation (A.R.) 4.21 provides the policy for processing and executing contracts. It is the responsibility of departments to ensure contracts are executed according to City policies and other governing statutes. For additional contract guidance contact the Law Department or visit the Contract Resource Center on the City’s Intranet. Recommended routing order for signatures: (1) Contracting party (There are cases where the Contracting party requires the City to sign first. This is permissible. If you have questions, consult the Law Department.) (2) City Manager or designee* (A.R. 1.51 requires Delegation of Authority for designee.) (3) Law Department* (Some departments require review and signature by legal counsel to “Approve As To Form” prior to the Department Director’s signature, so check with your Department.) and (4) City Clerk. (*Signature required prior to City Clerk attestation). Only one contract original is required for processing which will be returned to the department. The official record of the contract will be maintained electronically by the City Clerk Department. The signature line for City Clerk attestation MUST be on the same page as the Department Director’s signature. The Contract Route Slip MUST be filled out completely and printed on yellow paper. An incomplete Contract Route Slip may delay processing. Contracts are processed within 48 hours of receipt and are available via the Intranet Public 22-2D Rev. 4/2020 Records Search Page within 72 hours. If special processing is required, please call for arrangements at 602-262-6811. Recommended Routing for Signatures (1) Contracting Party (2) City Manager or Designee (3) Law Department (4) City Clerk Contract No. (Issued by City Clerk): Amendment No. (If Applicable) Document Type (Contract, Lease, IGA, Deed, MOU, License, Permit, etc.) All Original Signatures Required: YES NO Name of Contracting Party/ Vendor(s): Contract Term: City Council Approval? YES NO Execution Date: Council Action Date: mm/dd/year Expiration Date: Council Report No.: Does this document contain information classified as confidential or restricted?(A.R. 1.90) YES NO Agenda Item No.: Does the contract require recording with the Maricopa County Recorder’s Office? YES NO Ordinance or Resolution No.: Special Instructions for City Clerk: Primary Contact: Department: Phone: Email: Cost Center or WBS for Legal Services (If Applicable) ProLaw No. Assigned Attorney Law Department Use Only Law Department Time Stamp City Clerk Time Stamp Intergovernmental Agreement 3/1/2022-6/30/2022 Miranda Ortega 11/17/2021 602-534-5528 miranda.ortega@phoenix.gov S-48113 36 Human Services Department Luke Christian 22-021952 #-- ) //4 Ҋ.$") спссҊптҊпспуѷсп '2*)/-/.ҽ+#* )$3ѵ"*1 Maricopa County Page 1 CITY CONTRACT NO. INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF PHOENIX AND MARICOPA COUNTY by and through its DEPARTMENT OF PUBLIC HEALTH FOR HIV MEDIA EXPANSION This Intergovernmental Agreement (“Agreement”) is entered into as of March 1, 2022 (“Effective Date”), by and between the CITY OF PHOENIX (the “City”), an Arizona municipal corporation, and MARICOPA COUNTY, by and through its DEPARTMENT OF PUBLIC HEALTH (“County”), a political subdivision of the State of Arizona. The City and County are sometimes referred to collectively as “Parties” and individually as a “Party.” RECITALS A. The City Manager of Phoenix is authorized and empowered by the City Charter's provisions to execute contracts; and, B. ARIZONA REVISED STATUTES Section 11-952(A) provides that public agencies may enter into intergovernmental agreements for the provision of services or for joint/cooperative actions. The City is also authorized and empowered to enter this agreement pursuant to Chapter II, Section 2 (i), of the Phoenix City Charter; and, C. County has statutory authority to exercise all of the powers granted to municipal corporations and to cities by the constitution and laws of this State, together with all of the implied powers necessary to carry into execution all the expressed powers granted therein and the power the enter into intergovernmental agreements with other governmental entities with other governmental entities. See A.R.S. § 11-951, et seq; and, D. On November 17, 2021, the City’s City Council approved Ordinance S-48113 —as required by Ariz. Rev. Stat. § 11-952(F)—which authorizes the City Manager to enter into this Agreement; and, E. The Parties understand the terms of this Agreement—having negotiated it freely with sufficient time and opportunity to consult with an attorney—and now enter into it voluntarily. NOW THEREFORE, in consideration of the mutual promises, inducements, covenants, agreements, conditions and other good and valuable consideration, the receipt and sufficiency which is acknowledged, the Parties agree as follows: Page 2 I. Responsibilities 1. Background This Agreement provides the County’s Ryan White Part A Program funding for expansion of the anti-stigma HIV campaign “Positively You” (“Campaign”) in the Phoenix metropolitan area. The Campaign is an educational media initiative focused on young adults aged 18 to 30 to: 1) manage their personal health and wellness, 2) reduce internalized stigma associated with HIV, and 3) achieve sustained viral suppression as a powerful method of HIV prevention. People living with HIV who take their medication as prescribed and have an undetectable viral load stay healthy and have effectively no risk of transmitting HIV to their sexual partners. Fast-Track Cities Initiative is a global partnership between the City of Paris, Joint United Nations Program on HIV/AIDs, United Nations Settlement Program, and the International Association of Providers of AIDS Care, in collaboration with the local, national, regional, and international partners and stakeholders. The City of Phoenix Fast-Track Cities Ad Hoc committee was established by former Mayor Greg Stanton and the Phoenix City Council in October 2016 with the following goals to be accomplished by 2030: • 90% people living with HIV know their HIV status • 90% of people who know their HIV-positive status are on antiretroviral therapy (ART) • 90% of people with HIV on ART achieve viral suppression • 0% discrimination and stigma against people with HIV. 2. Scope of Services and Supplemental Terms and Conditions County will be responsible for the expansion of County’s existing anti-stigma HIV campaign “Positively You” (“Campaign”) in the Phoenix metropolitan area. The Campaign is an educational media initiative focused on young adults aged 18 to 30 to: 1) manage their personal health and wellness, 2) reduce internalized stigma associated with HIV, and 3) achieve sustained viral suppression as a powerful method of HIV prevention. The City will be responsible for providing funding for expansion of the Positively You campaign. The scope of work will be in accordance with the Scope of Work as set forth in Exhibit A – Scope of Work (“Services”) which may be supplemented with additional detail from time to time during the term of the Agreement, and that are satisfactory to the City and County. In performing these services, County will also specifically comply with the applicable Supplemental Terms and Conditions that are set forth in Exhibit C. 3. Notices Between Parties. The Parties deem that any notice that one Party gives, makes, or sends to any other Party under this Agreement is fully given, made, or sent when that notice is in writing and either: (1) personally delivered, which includes delivering by recognized courier service (such as Fed Ex and United Parcel Service); or (2) deposited in the United States by postpaid certified mail, addressed as follows: AGREEMENT Page 3 3.1 To the City: City of Phoenix, Human Services Department Vanessa Quintana, Procurement Officer City of Phoenix Human Services Department 200 W. Washington Street, 18th Floor Phoenix, AZ 85003 (602) 534-1032 Vanessa.ramirez@phoenix.gov 3.2 To the County: Grants/Contracts Administrator Maricopa County Department of Public Health 4041 N. Central Ave, Suite 1400 Phoenix, AZ 85007 Phone: (602) 372-0674 Email: k.mason@maricopa.gov AND Carmen Batista Maricopa County Department of Public Health 4041 N. Central Ave, Suite 850 Phoenix, AZ 85007 Phone: (602) 372-7091 Email: Carmen.Batista@maricopa.gov By written notice, a Party may change its address to which another Party may give, make, or send a notice. II. Statutory Requirements 4. Duration – A.R.S. § 11-952(B)(1). This Agreement shall become effective on the Effective Date and shall terminate on June 30, 2022. 5. Purpose – A.R.S. § 11-952(B)(2). The City and County enter into this agreement to jointly support County’s efforts in completing the scope of work provided in § I above and Exhibit A. This work will serve to support County’s responsibility in expanding the Campaign in the Phoenix metropolitan area. The City will be responsible for providing funding as specified herein. 6. Manner of Financing/Budgeting – A.R.S. § 11-952(B)(3). 6.1 The Parties will finance this undertaking through the City’s General- Page 4 Purpose Funds in the amount specified in Section 6.3. 6.2 The City’s fiscal year begins July 1 and ends June 30 for each calendar year. Under ARIZ. REV. STAT. § 42-17108, the City can make payment for services rendered—or costs committed—only during a fiscal year and for a period of 60 days immediately following the close of that fiscal year. County must submit billings for services performed or costs incurred prior to the close of a fiscal year in ample time to facilitate payment during this 60-day period. 6.3 Subject to all of the terms, covenants and conditions of this Agreement, the City will provide an amount up to $50,000 to County to expand on the Campaign as described in Exhibit A – Scope of Work. The Scope of Work may not be amended or supplemented without the prior written consent of the City. If there are funds remaining at the termination of this Agreement, those funds shall be returned to the City. 6.4 County specifically agrees to be responsible for all costs necessary to operate its day-to-day business. 6.5 The City will disburse portions of the funds in such amounts and increments as may be approved by the City to reimburse County for expenses reflected in the approved budget (the "Budget") (attached as Exhibit B – Itemized Service Budget and incorporated herein by this reference) upon submission by County of proper invoices and supporting documentation, as required by the City in its reasonable discretion. The Budget may not be amended or supplemented without the prior written consent of the City. 6.6 The invoice will be submitted free of mathematical errors and include all supporting documentation. All appropriate documentation will be provided that supports the charges reflected in the monthly invoice. Upon finding of an error and/or missing documentation, the City will return the invoice to County. County will promptly resubmit the revised invoice to the City. Each revised invoice will document the date that the revised invoice is submitted to the City. Requests for payment must be submitted with documentation of dates and hours worked, hourly rate charged, and a detailed description of the Services performed. Failure of City to identify an error does not waive any of the City’s rights. The City will pay County net 45 upon receipt of an error-free invoice. 6.7 Invoices will be submitted to: sergio.gomez@phoenix.gov. 6.8 Payment Recoupment: County must reimburse the City upon demand or the City may deduct from future payments the following: a. Any amounts received by County from the City for services which have been inaccurately reported or are found to be unsubstantiated. b. Any amounts paid by 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 not in accordance with the information disclosed in a Substantial Interest Disclosure statement. Page 5 d. Any amount paid by the City for services that duplicate services covered by other specific grants and Agreements. e. Any amounts expended for items or purposes determined unallowable by the City or unallowable under applicable law. f. Any amounts paid by the City for which County's books, records, and other documents are not sufficient to clearly substantiate that those amounts were used by County to perform services. g. Any amount identified as a financial audit exception. h. Any amounts paid or reimbursed in excess of this Agreement or service reimbursement ceiling; i. Any payments made for services rendered before the Agreement begin date or after the Agreement termination date. 6.9 Payment Indemnification County shall be responsible for issuing payment for services performed by its employees, subcontractors, suppliers, or any other third party incurred in the furtherance of the performance or arising out of this Agreement and will indemnify and save the City harmless for all claims whatsoever out of the lawful demands of such parties. County shall, at the City's request, furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. 6.10 Allowable Costs Cost Allowability. The City will reimburse County promptly for properly documented and allowable costs that are within the line item categories and limits established in the approved budget. Any costs claimed by County that exceed applicable line item amounts by more than 10% in the approved budget are unallowable, unless prior written approval to exceed the line item in the budget was obtained from the City pursuant to Paragraph 6.10 of this Section 6. Back up documentation will be required when submitting invoices for reimbursement. County expressly understands and agrees that the allowability of costs will be determined in accordance with, the approved budget. County is liable for payment of any costs incurred under this Agreement that may be disallowed by the City. In this regard, County is obligated to remit to the City any funded amounts that were paid pursuant to this Section 6 and used to cover disallowed costs. Any such amounts not remitted within thirty (30) days are subject to offset against future funding obligations by the City. 6.11 Cost or Pricing Data Certification By signing this Agreement, or any amendment thereto the County certifies, to the best of the County's knowledge and belief, any cost or pricing data submitted is accurate, complete, and current as of the date submitted or other mutually agreed upon date. Furthermore, if the City finds that the price was increased because the cost or pricing data furnished by the County was inaccurate, incomplete or not current as of the date of certification, the City will readjust the price to exclude any significant amount. Such adjustment by the City may include overhead, profit or fees. Page 6 When the Agreement rates are set by law or regulation, the certifying of cost or pricing data does not apply. 7. Termination – A.R.S. § 11-952(B)(4). This Agreement will terminate upon the earliest occurrence of any of the following: 7.1 the Agreement reaches the end of its term; 7.2 County completes—and the City accepts—all services set forth in the Scope of Work (“Services”), attached and incorporated by reference as Exhibit A; 7.3 The City pays—and County receives—the maximum compensation as set forth above (or as amended by additional compensation); or 7.4 The City or County terminates agreement upon furnishing the other with a written notice at least 30 days before the effective termination date, with each Party to bear its own costs and expenses to date of termination. III. Standard Terms and Conditions 8. Recitals and Captions: The Parties acknowledge that recitals set forth above are true and correct, and are incorporated into this Agreement by reference. The captions in this Agreement are merely for reference, and not to construe or limit the text. 9. Governing Law and Jurisdiction. The laws of the State of Arizona will govern this Agreement. Any citations to a statute in this Agreement refers to the version of that statute in effect when the Parties execute this Agreement. ARIZ. REV. STAT. §§ 12-133 and 12-1518 may require arbitration of a dispute. Otherwise, the dispute is subject to the jurisdiction of the Maricopa County Superior Court. 10. Compliance with Laws. The City and County will comply with all applicable federal, state, and local laws, ordinances, codes, rules, regulations, and executive orders, including those governing equal employment opportunity, immigration, nondiscrimination, and the Americans with Disabilities Act. 11. Mutual Benefits. In making the promises contained in this Agreement, the Parties agree that certain benefits and advantages will accrue for each Party by performance of this Agreement, so they enter this Agreement in reliance on the mutual benefits afforded each Party. 12. No Adverse Inference. This Agreement shall not be construed more strongly against one Party or the other. The Parties to this Agreement had equal access to, input with respect to, and influence over the provisions of this Agreement. Accordingly, no rule of construction which requires that any allegedly ambiguous provision be interpreted more strongly against one Party than the other shall be used in interpreting this Agreement. Page 7 13. Successors and Assigns. The Parties bind themselves and their successors, assigns, and legal representatives to this Agreement’s covenants. A Party may not assign or otherwise transfer its interest in this Agreement without the other Party’s prior written consent. 14. No Agency Created. Nothing in this Agreement: creates any partnership, joint venture, employment, or agency relationship between the Parties. 15. No Third-Party Beneficiaries or Agency. Nothing in this Agreement gives any rights or benefits to anyone but the Parties. All duties and responsibilities undertaken under this Agreement are for the exclusive benefit of the City and County— and not any other party. This Agreement does not create a contractual relationship with any third party or otherwise establish any third-party beneficiaries. No third party may enforce the terms and conditions of this Agreement. 16. Conflict of Interests. All Parties acknowledge that this Agreement is subject to cancellation within three years under ARIZ. REV. STAT. § 38-511 in the event of a City or County official/employee’s conflict of interest. No official/employee of the City or County may: (1) have any direct or indirect interest in this Agreement; or (2) participate in any decision relating to the Agreement that is prohibited by law. 17. No Payment of Consideration for Agreement. The City and County warrant that they have not paid or given—and will not pay or give—any third person any money or other consideration for obtaining this Agreement. 18. Entire Agreement. This Agreement expresses the full agreement and understanding of the Parties with respect to the subject matter hereof, superseding all prior written or oral communications with respect to the subject matter hereof. 19. Modification. No supplement, modification, or amendment of this Agreement’s terms are effective unless in writing and signed by the Parties. 20. Severability. If any provision or application of this Agreement is invalid or illegal, then the Agreement’s remainder endures unaffected and enforceable to the fullest extent permitted by law—so long as the severability does not defeat this Agreement’s fundamental purposes. 21. Counterparts. The Parties may sign this Agreement in counterparts, and each counterpart will be effective and enforceable as though it were the original agreement. 22. Authority. Each Party represents and warrants that: (a) the person signing this Agreement on the Party’s behalf is duly authorized and empowered to enter into and execute the Agreement; and (b) all persons or entities affiliated with the Party are bound by the terms of this Agreement. 23. Default. In the event of default under this Agreement, the nondefaulting Page 8 Party will have all rights and remedies available to it at law or in equity. The exercise by any Party of one or more such rights or remedies will not preclude that Party from exercising—at a different time—any other rights or remedies for the same default or any other default by the defaulting Party. 24. Nonliability of Officials and Employees. In the event of any default or breach by the City or County, no official or employee of the City or County will be personally liable for any payments or other obligations due under this Agreement. 25. No Waiver. A Party may not construe the failure or delay of another Party to enforce—or require performance of—any of this Agreement’s provisions to be a waiver of that provision. Such failure or delay will not affect the validity of any part of this Agreement or the rights of the Parties to enforce every provision. 26. Additional Documents/Actions. The Parties agree to execute and deliver all documents and take all actions reasonably necessary to implement and enforce this Agreement. IV. Special Terms and Conditions 27. Indemnity. Each Party (as “Indemnitor”) agrees to indemnify, defend, and hold harmless the other Party (as “Indemnitee”) from and against any and all claims, losses, liability, costs, or expenses (including reasonable attorney’s fees) (hereinafter collectively referred to as “Claims”) arising out of bodily injury of any person (including death) or property damage, but only to the extent that such Claims which result in vicarious/derivative liability to the Indemnitee are caused by the act, omission, negligence, misconduct, or other fault of the Indemnitor, its officers, officials, agents, employees, or volunteers. 28. Insurance. Each Party shall maintain insurance coverage to insure against the risks associated with the duties to be performed by each Party pursuant to the terms of the Agreement. The City shall meet its insurance requirements through its self-insurance program. The County shall meet its insurance requirements through its self-insurance program. The Parties will meet their statutory obligation to maintain workers' compensation insurance for all of their employees. 29. Legal Worker Requirements. County acknowledges that ARIZ. REV. STAT. § 41-4401 prohibits it and the City from entering a contract for services with anyone who fails—or whose subcontractors fail—to comply with e-verify requirements under ARIZ. REV. STAT. § 23-214(A). County warrants its own compliance—and the compliance of each contractor it uses—with ARIZ. REV. STAT. § 23-214(A) and all federal immigration laws and regulations that relate to employed personnel. Breach of this warranty is a material breach of the Agreement, subject to penalties including termination of the Agreement. the City retains the legal right to inspect the papers of any County or contractor employee who works under the Agreement to ensure that County is complying with this warranty. 30. Audit. The City reserves the right to audit County’s books, accounts, Page 9 reports, files, and other records concerning County’s performance under this Agreement. All records relating to this Agreement will be subject at all reasonable times to inspection and audit by the City for three years following this Agreement’s termination. For that duration, County will keep all records pertaining to this Agreement on a generally accepted accounting basis and produce them at an office designated by the City upon request. [remainder of page intentionally left blank] Page 10 Date ATTEST: Clerk of the Board Date APPROVED AS TO FORM: Attorney for Maricopa County Date IN WITNESS WHEREOF, the City and County, having carefully read and reviewed the foregoing paragraphs, have executed this Agreement to be effective on the Effective Date. MARICOPA COUNTY, A POLITICAL SUBDIVISION IN THE STATE OF ARIZONA FOR AND ON BEHALF OF MARI COPA COUNTY B y C hairman, Board of Supervisors CITY OF PHOENIX, AN ARIZONA MUNICIPAL CORPORATION Jeffrey Barton, City Manager Marchelle F. Franklin Human Services Department Director ATTEST: ___________ City Clerk APPROVED AS TO FORM: Cris Meyer, City Attorney Assistant Chief Counsel ______________________ TSTS LC Patricia Boland (Mar 7, 2022 09:53 MST) Page 11 INTERGOVERNMENTAL AGREEMENT DETERMINATION In accordance with the requirements of A.R.S. § 11-952(D), each of the undersigned attorneys acknowledge: (1) that they have reviewed the above Agreement on behalf of their respective clients; and, (2) that, as to their respective clients 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 OF PHOENIX MARICOPA COUNTY By: ___________________________ ______________________________ Assistant Chief Counsel Attorney for County Patricia Boland (Mar 7, 2022 09:53 MST) Page 12 EXHIBIT A – SCOPE OF WORK 1. BACKGROUND This agreement provides the Maricopa County Ryan White Part A Program in the Department of Public Health funding for expansion of the anti-stigma HIV campaign “Positively You” (“Campaign”) in the Phoenix metropolitan area. The Campaign is an educational media initiative focused on young adults aged 18 to 30 to: 1) manage their personal health and wellness, 2) reduce internalized stigma associated with HIV, and 3) achieve sustained viral suppression as a powerful method of HIV prevention. People living with HIV who take their medication as prescribed and have an undetectable viral load stay healthly and have effectively no risk of transmitting HIV to their sexual partners. This agreement is based on support from the City of Phoenix Fast Track Initiatives Ad Hoc committee. Background: Fast-Track Cities Initiative is a global partnership between the city of Paris, Joint United Nations Program on HIV/AIDs, United Nations Settlement Program, and the International Association of Providers of AIDS Care, in collaboration with the local, national, regional, and international partners and stakeholders. The City of Phoenix Fast-Track Cities Ad Hoc committee was established by former mayor Greg Stanton and the Phoenix City Council in October 2016 with the following goals to be established by 2030: • 90% people living with HIV know their HIV status • 90% of people who know their HIV-positive status are on antiretroviral therapy (ART) • 90% of people with HIV on ART achieve viral suppression • 0% discrimination and stigma against people with HIV. 2. OBJECTIVE Reduce HIV stigma as measured through increased enrollment of eligible young adults into HIV care and support services as well as reaching distribution/interaction targets for print media and virtual media campaign materials. 3. SCOPE OF WORK By June 30, 2022, Maricopa County will expand the Positive Peers component of the Campaign in the Phoenix area by completing the following activities: • Identify at a minimum four (4) additional ambassadors to participate in videos and photo shoots as well as complete videos and photo shoots. Ambassadors will be selected in partnership with the City of Phoenix and will be young adults living with HIV. • Ensure that materials are updated to include the Ad Hoc Committee logo and formatted for any new media platforms. • Distribute targeted digital and print ads to LGBT print magazines such as IONAZ, digital ads for Facebook, Instagram, TikTok as well as Dating App Ads for Grindr, Scruff, etc. Digital engagement will be used to determine which platforms are prioritized. Page 13 • Ensure that ads are placed at Transit Stops, if approval is granted by the City. • Distribute influencer incentive payments for local influencers and Ambassadors to share/engage on social media and at outreach events in support of the Campaign. Incentives must be equitably offered and approved by the City of Phoenix. • Engage community at LGBT focused events such as Pride, AIDS Walk, Rainbow Festival in support of the Campaign. • Engage through the distribution of printed materials, purchase of booths and incentives for Ambassadors working the booths at LGBT-focused events in support of the Campaign. • Purchase a widget for the Positively You website that will address ADA compliance and help viewers with accessibility concerns, including but not limited to: dyslexia, visual impairments, etc. • Manage media reporting and administration related to this Agreement. • Present to the City of Phoenix Ad Hoc Committee on project progress and metrics, on a quarterly basis and as requested. The above activities, with the exception of incentive payments to influencers, will be completed through existing Maricopa County vendors and contracts and overseen by the Maricopa County Ryan White Part A Program. Work will be completed remotely and at events such as Pride, AIDS Walk, Rainbow Festival and Maricopa County contracted provider outreach events. Maricopa County Points of contact include: Carmen Batista at Carmen.Batista@maricopa.gov and Jeremy Hyvarinen Jeremy.Hyvarinen@maricopa.gov. 4. CRITERIA OF ACCEPTANCE 4.1. The City will review digital copies of all newly reformatted or developed materials and must provide prior written approval of the materials. Basecamp, a digital sharing platform, will be used to communicate with Maricopa County and the Media vendor to discuss revisions to campaign materials. County will provide access to Basecamp to applicable City staff. 4.2. Outreach venues and digital platforms identified in this contract may be staffed or promoted with these funds. Any other physical or virtual venues must be approved in writing prior to use of funds to staff or promote. 5. COUNTY’S REQUIREMENTS AND QUALIFICATIONS 5.1. Must retain ownership of media rights for the anti-stigma HIV related Campaign materials developed under this Agreement. 5.2. Must use employees or vendors with previous experience designing marketing materials for diverse audiences, including low-income individuals. County’s media vendor, Catywompus, must demonstrate experience in the types of marketing collateral deliverables outlined in this scope of work. Previous experience marketing/media initiatives to promote HIV and/or STD testing, prevention, treatment, and supportive services is desired. Page 14 6. COUNTY’S RESPONSIBILITIES Maricopa County will, in addition to its other obligations under this Agreement: 6.1. Maintain a safe and clean work environment. 6.2. Request clarification to resolve barriers to service in a timely manner. 6.3. Provide the City with proper and accurate invoices and documentation to support expenditures. 7. CITY’S RESPONSIBILITIES The City will, in addition to its other obligations under this Agreement: 7.1. Monitor project activities and deliverables outlined in this Scope of Work. 7.2. Provide direction on which demographic characteristics the new ambassadors will reflect, and which materials will include the Ad Hoc Committee logo. 7.3. Provide written approval for revised or new media materials. 8. REPORTING REQUIREMENTS 8.1. The County will submit program invoices, supporting documentation and monthly reports via email to: Sergio.gomez@phoenix.gov no later than the 25th day following the end of the month being reported. Monthly reports shall detail the expended funds. Invoice to include detailed description of the activities accomplished. Reports shall include the following: 8.1.1. Digital activities such as social media ads will include analysis of reach and impact. 8.1.2. Print materials will include information about the quantity and where materials have been distributed. 8.1.3. Health outcome tracking will report on the number of all new clients as well as young adults (18-30 years) who are accessing Ryan White HIV care services, linking to medical services, and achieving viral load suppression 8.2. Submit the final invoice no later than September 30, 2022. Page 15 EXHIBIT B – ITEMIZED SERVICE BUDGET [attached on the following page.] ITEMIZED SERVICE BUDGET CONTRACT SERVICE: HIV Campaign Expansion NAME: Contract Period: November 17, 2021 to June 30, 2022 I. PERSONNEL TOTAL Number of FTE Total Salary for the % Allocated Service SERVICE CITY Positions Level Position Title Contract Period * A + D + O = Total COST COST 0 No staff. 0 TOTAL: $0.00 $0.00 *A = % Administrative Functions D = % Direct Service Functions O = % Other (excluded portion) II. EMPLOYEE RELATED EXPENSES TOTAL CITY ITEM BASIS COST COST Various Fringe Benefits $0.00 $0.00 $0.00 III. PROFESSIONAL AND OUTSIDE SERVICES TOTAL CITY ITEM BASIS COST COST $100 an hour for 150 hours for consultant design and media management = $15,000 + $21,883 in media placements = 36,883.00 $36,883.00 $36,883.00 $36,883.00 TOTAL: $36,883.00 $36,883.00 IV. TRAVEL TOTAL CITY ITEM BASIS COST COST TOTAL: $0.00 $0.00 V. MATERIALS AND SUPPLIES TOTAL CITY ITEM BASIS COST COST Posters and materials at $1,000 $1,000.66 $1,000.66 Estimated booth costs at $2,000 + tablets at $2,500 + Ambassador passes at $500. $4,500.00 $4,500.00 TOTAL: $5,500.66 $5,500.66 VI. OPERATING SERVICES TOTAL CITY ITEM BASIS COST COST TOTAL: $0.00 $0.00 VII. EQUIPMENT TOTAL CITY ITEM BASIS COST COST $0.00 TOTAL: $0.00 $0.00 TOTAL DIRECT COST: $42,383.66 $42,383.66 VIII. INDIRECT TOTAL CITY ITEM BASIS COST COST Maricopa Public Health Indirect Rate 17.97% on 42,383.66 = 7,616.34 $7,616.34 $7,616.34 Campaign Expansion Activities: Includes contracted video/photo production, design of new ad templates, placement of targeted digital and print ads, transit ads, influencer incentives, ADA compliance website widget, outreach materials and media management. Outreach Materials for events including booth costs, tablets looping videos and surveys at events, extra passess for Ambassadors. Printing additonal materials for events, poster placements Maricopa County Department of Public Health Ryan White Program 2/23/2022 S:\MSD\Procurement\Contracts\Management Services Division\Agreements in Development\Fast Track Cities - Maricopa County IGA - 50k\Maricopa County FTC ISB 2021 FINAL.xls TOTAL: $7,616.34 $7,616.34 SUBTOTAL ADMIN COST: $7,616.34 $7,616.34 TOTAL SERVICE COST: $50,000.00 $50,000.00 REVENUE SOURCES: TOTAL REVENUE: $50,000.00 $50,000.00 2/23/2022 S:\MSD\Procurement\Contracts\Management Services Division\Agreements in Development\Fast Track Cities - Maricopa County IGA - 50k\Maricopa County FTC ISB 2021 FINAL.xls Page 16 EXHIBIT C – SUPPLEMENTAL TERMS AND CONDITIONS 1. CONTRACT WORKER ACCESS CONTROLS, BADGE AND KEY ACCESS REQUIREMENT: 1.1. County and Subcontractor Workers Background Screening: County agrees that all County and subcontractors’ workers (collectively “Contract Worker(s))” pursuant to this Agreement will be subject to background and security checks and screening (collectively “Background Screening”) at County’s sole cost and expense, unless otherwise provided for in the scope of work. County’s background screening will comply with all applicable laws, rules and regulations. County further agrees that the background screening is necessary to preserve and protect the public health, safety and welfare. 1.1.1. The City requires a completed Contract Worker Badge/Key/Intrusion Detection Responsibilities Agreement for each Contract Worker who requires a badge or key. 1.2. Background Screening Risk Level: The City has established two levels of risk: Standard and Maximum risk. If the scope of work changes, the City may amend the level of risk, which could require the County to incur additional contract costs to obtain background screens or badges. The current risk level and background screening required is STANDARD RISK LEVEL. 1.3. Standard Risk Level: A standard risk background screening will be performed when the Contract Worker’s work assignment will: 1.3.1. require a badge or key for access to City facilities; or 1.3.2. allow any access to sensitive, confidential records, personal identifying information or restricted City information; or 1.3.3. allow unescorted access to City facilities during normal and non- business hours. 1.4. Requirements: The background screening for this standard risk level will include a background check for real identity/legal name, and will include felony and misdemeanor records from any county in the United States, the state of Arizona, plus any other jurisdiction where the County worker has lived at any time in the preceding seven years from the Contract Worker’s proposed date of hire. 1.5. County Certification; City Approval of Background Screening: 1.5.1. Unless otherwise provided for in the Scope, County will be responsible for: 1.5.1.1. determining whether Contract Worker(s) are disqualified from performing work for the City for standard risk level background checks; and, 1.5.1.2. for reviewing the results of the background check every five years; and, 1.5.1.3. to engage in whatever due diligence is necessary to make the decision on whether to disqualify a Contract Worker; and, Page 17 1.5.1.4. Submitting the list of qualified Contract Workers to the contracting department. 1.5.2. For sole proprietors, the County must comply with the background check for himself and any business partners, or members or employees who will assist on the contract and for whom the requirements of the Agreement apply. 1.5.3. By executing this agreement, County certifies and warrants that County has read the background screening requirements and criteria in this section, and that all background screening information furnished to the City is accurate and current. Also, by executing this agreement, County further certifies and warrants that County has satisfied all background screening requirements for the standard risk background screening, and verified legal worker status, as required. 1.6. Terms of This Section Applicable to all County’s Contracts and Subcontracts: County will include Contract Worker background screening in all contracts and subcontracts for services furnished under this Agreement. 1.7. Materiality of Background Screening Requirements; Indemnity: The background screening requirements are material to City’s entry into this agreement and any breach of these provisions will be deemed a material breach of this contract. In addition to the indemnity provisions set forth in this agreement, County will defend, indemnify and hold harmless the City for all claims arising out of this background screening section including, but not limited to, the disqualifications of a Contract Worker by County. The background screening requirements are the minimum requirements for the Agreement. The City in no way warrants that these minimum requirements are sufficient to protect County from any liabilities that may arise out of the County’s services under this Agreement or County’s failure to comply with this section. Therefore, County and its Contract Workers will take any reasonable, prudent and necessary measures to preserve and protect public health, safety and welfare when providing services under this Agreement. 1.8. Continuing Duty; Audit: County’s obligations and requirements will continue throughout the entire term of this Agreement. County will maintain all records and documents related to all background screenings and the City reserves the right to audit County’s records.