FINAL IGA MC COUNTY + COP INNOVATION 27 7.18.24.DOCX
Extracted text (via pymupdf)
59894 characters
Page 1 of 19
City of Phoenix
INTERGOVERNMENTAL AGREEMENT
BETWEEN
MARICOPA COUNTY
AND
CITY OF PHOENIX
Agreement Number: C-18-25-006-X-00
Agreement Amount: $1,000,000
Agreement Start Date: July 1, 2024
Agreement Termination Date: June 30, 2026
ALN; 21.027 Coronavirus State and Local Fiscal Recovery Funds
Unique Entity ID: UNVFXAX82A29
1.0
PARTIES
This financial Intergovernmental Agreement ("Agreement") is between City of Phoenix
("City" or "Subrecipient") and Maricopa County ("County"). The County and the Subrecipient
collectively are referred to as "Parties" and individually as the "Party."
2.0
PURPOSE
Through this Agreement, the Parties will expand workforce training, education, small
business support and community engagement in Phoenix. The execution of this project shall
assist residents in Maricopa County by increasing the availability and access to culinary
entrepreneurship resources, training and certification programs for in-demand careers
including workers for the semi-conductor industry and veterinary technicians, offer
classrooms and garden spaces to support the education community, and other programming
to serve the entire population. The County will allocate American Rescue Plan Act (ARPA)
Funds to support the development of these services and programs at 2526 West Northern
Avenue, Phoenix, AZ known as Innovation 27.
3.0
TERM OF AGREEMENT
3.1
The term of this Agreement is July 1, 2024, through June 30, 2026.
3.2
This Agreement may be extended, but not beyond December 31, 2026, with the
condition the Subrecipient is compliant with the terms and conditions of this
Agreement. Extensions shall be processed as identified in Section 4.0
(Amendments).
3.3
This Agreement shall be effective upon approval and signature by both Parties.
'..._
••-
:
-
Page 2 of 19
City of Phoenix
4.0
AMENDMENTS
4.1
Any changes to this Agreement shall be effective only by a written amendment signed
by both Parties.
5.0
ADMINISTRATIVE CHANGE ORDERS
5.1
The Chairman of the Board of Supervisors is authorized upon the recommendation of
Legal Counsel to make changes within the general scope of the Agreement on behalf
of the County through Administrative Change Orders will be effective upon approval
and execution by both the Chairman of the Board of Supervisors and the Subrecipient.
Administrative Change Orders may address any of the following areas:
5.1.1
Modifications to the projects' timeline if the last day of the project timeline is
within the Agreement term including adjustments to the schedule included in
Exhibit A Statement of Work.
5.1.2
Modifications to budget line items if the Agreement total amount remains
unchanged;
5.1.3
Modifications required by federal, state, or County regulations, ordinances,
or policies; and/or
5.1.4
Modifications to administrative requirements such as changes in reporting
periods, frequency of reports, or report formats required by the U.S.
Department of Treasury or local regulations, policies, or requirements.
6.0
FUNDING
The County shall provide the Subrecipient $1,000,000 in ARPA Funds under
Assistance Listing Number (ALN) 21.027 and provided to the County through the U.S.
Department of Treasury.
7.0
AVAILABILITY OF FUNDS
7.1
This Agreement and the Parties' obligations under it shall become effective when funds
assigned for the purpose of compensating the Subrecipient are available to the County
for disbursement. The County shall be the sole authority in determining the availability
of funds under this Agreement, and the County shall keep the Subrecipient fully
informed as to the availability of funds.
7.2
If any action is taken by any federal, state, local agency, or any other agency or
instrumentality other than the County to amend, suspend or terminate its fiscal
obligation under or provided in connection with this Agreement, then the County may
amend, suspend, or terminate this Agreement. In the event of termination, the County
shall be liable for payment only for services rendered prior to the effective date of the
termination, provided services were performed in accordance with the provisions of this
Agreement. Furthermore, upon termination Subrecipient shall be released from all
pending responsibilities and shall have no further obligation to perform under the
Agreement unless it is expressly provided for herein as an obligation that survives
termination. The County shall give written notice of their intent to suspend performance
or their intent to terminate this Agreement under this Section at least ten (10) calendar
days in advance.
8.0
RESPONSIBILITIES OF ORGANIZATIONS
8.1
The Subrecipient shall:
8.1.1
Complete the project descriptions in Exhibit A Statement of Work.
8.1.2
Ensure compliance with federal state, and County requirements as they
relate to the ARPA requirements.
8.1.3
Ensure compliance with all laws, rules, and regulations.
8.1.4
Maintain sufficient qualified and trained staff to provide services under this
Agreement.
8.1.5
Complete Quarterly Reports to the County no later than 30 days after the
end of the with the following information:
8.1.5.1
Status updates on projects' milestones and timelines;
8.1.5.2
Current quarter expenditures;
Page 3 of 19
City of Phoenix
8.1.5.3
Expenditure forecasting for the current quarter and duration of
the projects;
8.1.5.4
Anticipated delays or issues;
8.1.5.5
Any significant disruptions to progress or timelines, and,
8.1.5.6
Any other issues or information the Department should know.
8.2
The County shall:
8.2.1
Provide monthly payment of Subrecipient invoices.
8.2.2
Respond to Subrecipient questions in a timely manner.
8.2.3
Provide technical assistance and training to Subrecipient's staff as
necessary to ensure proper administration services under this Agreement.
8.2.4
Report to the U.S. Department of Treasury on the Subrecipient's use of
ARPA Funds, under this Agreement.
8.2.5
Provide Invoice and Program Reporting template to Subrecipient.
9.0
COMPENSATION
9.1
This agreement is on a cost reimbursement basis. Subrecipient shall submit monthly
invoices to the County for all costs associated with the projects.
9.2
Subrecipient must submit a Request for Reimbursement to the County of all
expenditures within the same fiscal year in which the expenditures are incurred. The
fiscal year is July 1st through June 30th each year. Therefore, reimbursement must be
submitted no later than July 30th for the preceding fiscal year.
9.3
Final Reimbursement Upon Agreement Termination:
9.3.1
Prior to termination of this Agreement, at the date identified on page one
(1) of this Agreement, or as may be amended, the Subrecipient shall submit
the final reimbursement request.
9.3.2
The request shall be submitted no later than 30 calendar days after the
termination date except as noted immediately below.
9.3.2.1
If the termination date is between June 10th and June 30th, of any
fiscal year, then the final Reimbursement Request shall be
submitted to the County by July 10th.
9.3.3
The final progress report, and any other required reports, that may be
applicable, such as the program income report, shall be submitted with the
Final Reimbursement Request.
9.3.4
Late receipt of the Final Reimbursement Request (e.g., not received
within 45 days following the termination date) may result in forfeiture of
payment.
10.0
METHOD OF PAYMENT
10.1
The Subrecipient shall submit invoices to Robert.Harwood@maricopa.gov.
10.2
Funds not expended in implementing the Statement of Work or upon completion of the
Statement of Work shall be returned to the ARPA unprogrammed funds account.
10.3
The County shall reimburse the Subrecipient on a net zero (0) payments standard.
10.4
Payment by the County is not to be construed as final in the event the Department of
Treasury disallows payment for the activity or any portion thereof.
11.0
DISALLOWED COSTS
11.1
The cost principles set forth in the Code of Federal Regulations, 2 C.F.R. Part 200
Subpart E (2 C.F.R.) including later amendments and editions on file with the Arizona
Secretary of State and incorporated herein by reference, shall be used to determine
the allowability of incurred reimbursable costs under this Agreement.
11.2
Further, the Subrecipient shall follow cost principles as outlined in Office of
Management and Budget (OMB) Uniform Guidance, 2 C.F.R. §§ 200, et seq.
11.3
Costs defined as unallowable in 2 C.F.R. shall not be submitted by the Subrecipient
and will not be reimbursed by the County.
Page 4 of 19
City of Phoenix
12.0
TERMINATION
12.1
Under A.R.S. § 38-511, the Parties may cancel this Agreement without penalty or
further obligation within one (1) year after execution of this Agreement, if any person
significantly involved in initiating, negotiating, securing, drafting or creating this
Agreement on behalf of one Party at any time while this Agreement or any extension
of this Agreement is in effect, is or becomes an employee or agent of any other Party
to this Agreement in any capacity or consultant to any other party to this Agreement
with respect to the subject matter of this Agreement.
12.2
Additionally, pursuant to A.R.S. § 38-511, either Party may recoup any fee or
commission paid or due to any person significantly involved in initiating, negotiating,
securing, drafting, or creating this Agreement on behalf of the one Party from the other
Party to this Agreement arising as the result of this Agreement. A cancellation notice
made under this Subparagraph shall be effective when the recipient receives a written
notice of cancellation unless the notice specifies a later date.
12.3
Either Party may terminate this Agreement at any time by giving the other Party at least
sixty (60) calendar days prior notice in writing (unless terminated by a Party under the
Availability of Funds provision). Any notice shall be given by either personal delivery or
registered or certified mail, postage prepaid and return receipt requested, to the
persons at the addresses set forth in Section 13.0 of this Agreement.
12.4
In the event of termination, the Parties shall be liable for payment only for reimbursable
costs incurred prior to the effective date of the termination, provided services were
performed in accordance with the provisions of this Agreement. Neither Party shall be
liable for any incomplete or additional performance under the Agreement unless
expressly stated herein as an obligation that survives termination.
12.5
The County may suspend or terminate this Agreement if the Subrecipient violates any
term or condition of this Agreement or if the Subrecipient fails to maintain a good-faith
effort to carry out the purpose of this Agreement.
12.6
The Parties may terminate this Agreement for convenience upon 30 day's prior written
notice. The Parties shall agree upon the termination conditions including the effective
date of the termination. The Party initiating the termination shall notify the other Parties
in writing stating the reasons for such termination.
13.0
NOTICES
Notifications and communications concerning this Agreement shall be directed to the
following:
Subrecipient:
City of Phoenix
Gretchen Wolfe, Administrator
(602) 495-0747
Gretchen.Wolfe@phoenix.gov
200 W. Washington St. 20th floor
Phoenix, AZ 85003
Maricopa County
Robert Harwood
Office of Budget and Finance
602-372-3504
Robert.Harwood@maricopa.gov
301 W. Jefferson, 9th Floor
Phoenix, AZ 85003
Page 5 of 19
City of Phoenix
14.0
EMPLOYMENT DISCLAIMER
14.1
This Agreement is not intended to constitute, create, give rise to, or to otherwise
recognize a joint venture, partnership, or other formal business association or
organization of any kind, and the rights and obligations of the Parties shall be only
those expressly set forth in this Agreement.
14.2
The Subrecipient agrees no individual performing under this Agreement on behalf of
the Subrecipient shall be considered a County agent, employee, or representative and
those individuals are not entitled County civil service rights, County retirement rights,
or any other rights provided under the County personnel rules, nor shall those rights
accrue or apply to any such individual.
14.3
The Subrecipient shall have total responsibility for all salaries, wages, bonuses,
retirement, withholdings, workers' compensation, occupational disease compensation,
unemployment compensation, other employee benefits, and all taxes and premiums
appurtenant thereto concerning such individuals shall indemnify, defend, and hold
harmless the County with respect to the foregoing.
14.4
The County agrees no individual performing under this Agreement on behalf of County
may be considered a Subrecipient agent, employee, or representative and that no
rights of Subrecipient civil service, Subrecipient retirement, or Subrecipient personnel
rules shall accrue or apply to any such individual.
14.5
The County shall have total responsibility for all salaries, wages, bonuses, retirement,
withholdings,
workers'
compensation,
occupational
disease
compensation,
unemployment compensation, other employee benefits, and all taxes and premiums
appurtenant thereto concerning such individuals and the County shall indemnify,
defend, and hold harmless the Subrecipient with respect to the foregoing.
15.0
GENERAL REQUIREMENTS
15.1
The terms of this Agreement shall be interpreted in accordance with Arizona law and
the applicable laws and regulations of ARPA. Any lawsuit arising out of this Agreement
shall be brought in the appropriate court in Maricopa County, Arizona.
15.2
The Subrecipient shall, without limitation, obtain and maintain all licenses, permits and
authority necessary to do business, render services and perform work under this
Agreement, and shall comply with all laws regarding unemployment insurance,
disability insurance and worker's compensation.
15.3
Each Party is an independent contractor under the provisions of this Agreement and
no officer, employee, or agent is to be considered an officer, employee, or agent of the
other Party.
15.4
The Subrecipient shall comply with the regulations prohibiting conflict of interest. For
purposes of this Agreement the terms within this subparagraph have the meanings
prescribed by A.R.S. § 38-502. Therefore, the Subrecipient shall not make any
payments, either directly or indirectly, to any person, partnership, corporation, trust, or
other organization that has a substantial interest in Subrecipient's organization, the
County, or the project.
15.5
Subrecipient must make full written disclosure of any proposed payments to the County
and receive written approval for the payments.
16.0
ASSIGNMENT AND SUBCONTRACTING
16.1
No right, liability, obligation, or duty under this Agreement may be assigned, delegated,
or subcontracted, in whole or in part, without the prior written approval of the County.
The Subrecipient shall bear all liability under this Agreement, even if it is assigned,
delegated, or subcontracted, in whole or in part, unless the County agrees otherwise.
16.2
In accordance with 2 C.F.R. §200.331, the Subrecipient may make a ("Subaward") as
a pass-through entity for the purpose of carrying out a portion of the federal award and
General Funds. The Subrecipient will make determinations classifying recipients of
federal funds as Subawards.
16.3
Subrecipient must ensure any Subaward recipient is compliant with all ARPA
requirements, including all reporting requirements.
Page 6 of 19
City of Phoenix
17.0
DISPUTES
17.1
Parties may attempt to informally resolve any dispute arising out of this Agreement for
a reasonable time, not to exceed one-hundred-twenty (120) calendar days. Disputes
not resolved in 120 days, shall be submitted in accordance with the following dispute
resolution process:
17.1.1 Notice of the specific grounds of a dispute shall be in writing and filed with
the County Representative herein identified in section 13.0, within ten
(10) business days from the date the Subrecipient knew of, or should have
known of, the basis of the dispute.
17.1.2 The County Representative shall respond in writing to the Subrecipient within
fourteen (14) business days. The decision of the County Representative
shall be final and conclusive unless, within seven (7) business days after the
date the Subrecipient is served with the decision, the Subrecipient files
a written Notice of Appeal with the County Manager.
17.1.3 The County Manager shall provide the Subrecipient with a written
response within fourteen (14) business days following receipt of the
Notice of Appeal. The decision of the County Manager shall be final and
not appealable.
17.1.4 Pending the decision of the County Manager, the Subrecipient shall
diligently proceed with its performance of this Agreement in accordance
with the decision.
17.1.5 In the event Subrecipient disagrees with the decision, the Subrecipient
shall have every existing and future right or remedy available by law or in
equity to resolve the dispute.
18.0
SEVERABILITY
Any provision of this Agreement determined by a court to be invalid, void, or illegal shall
in no way affect, impair, or invalidate any other provision of this Agreement, and the
remaining provisions shall remain in full force and effect.
19.0
STRICT COMPLIANCE
One Party's acceptance of the other Party's performance not in strict compliance with the
terms of this Agreement shall not be deemed to waive the requirements of strict compliance for
all future performance. All changes in performance obligations under this Agreement shall
be in writing and signed by both Parties.
20.0
SINGLE AUDIT ACT REQUIREMENTS
The Subrecipient is in receipt of ARPA Funds through the County and is subject to the federal
audit requirements of the Single Audit Act of 1984, as amended (Pub. L. No. 98-502) (codified
at 31 U.S.C. § 7501, et seq.). The Subrecipient shall comply with 2 C.F.R. 200, Subpart F.
Upon completion, such audits shall be made available for public inspection. Audits shall be
submitted to the County within twelve (12) months following the close of the fiscal year. The
Subrecipient shall take corrective actions within six (6) months of the date of the receipt of
audit findings. The County shall consider sanctions as described in 2 C.F.R.
§ 200.505 if ARPA, US Treasury, or the County determines the Subrecipient is not in
compliance with audit requirements.
21.0
AUDIT DISALLOWANCES
21.1
The Subrecipient shall, upon written notice, reimburse the County for any payments
made under this Agreement that are disallowed by a federal, state, or County audit.
Court costs and attorney and expert fees incurred will be specifically identified as
applicable to the recovery of the disallowed costs in question.
21.2
If the County determines a cost for which payment has been made is a disallowed cost,
then the County will notify the Subrecipient in writing of the disallowance and identify
the required course of action, which shall be at the option of the County, either to adjust
any future claim submitted by the Subrecipient by the amount of the disallowance or to
require immediate repayment of the disallowed amount by the Subrecipient issuing a
Page 7 of 19
City of Phoenix
check payable to the County.
22.0
LIMITATION ON LIABILITY
22.1
The County and its agents, representatives, officials, officers, directors, employees,
volunteers, departments, agencies, boards, committees, and commissions shall not be
liable for any act or omission by the Subrecipient or any and all of its agents,
representatives, officials, officers, directors, employees, volunteers, departments,
agencies, boards, committees, or commissions occurring in the performance of this
Agreement, nor shall the County and its agents, representatives, officials, officers,
directors, employees, volunteers, departments, agencies, boards, committees, and
commissions be liable 'for purchases or contracts made by the Subrecipient or any and
all of its agents, representatives, officials, officers, directors, employees, volunteers,
departments, agencies, boards, committees, or commissions in connection with this
Agreement, except as otherwise provided by law.
22.2
The Subrecipient and its agents, representatives, officials, officers, directors,
employees, volunteers, departments, agencies, boards, committees, and commissions
shall not be liable for any act or omission by the County or any and all of its agents,
representatives, officials, officers, directors, employees, volunteers, departments,
agencies, boards, committees, or commissions occurring in the performance of this
Agreement, nor shall the Subrecipient and its agents, representatives, officials, officers,
directors, employees, volunteers, departments, agencies, boards, committees, and
commissions be liable for purchases or contracts made by 'the County or any and all
of its agents, representatives, officials, officers, directors, employees, volunteers,
departments, agencies, boards, committees, or commissions in connection with this
Agreement, except as otherwise provided by law.
23.0
GENERAL INDEMNIFICATION
Each Party (as "lndemnitor") agrees to indemnify, defend, and hold harmless the other
Party and its officers, officials, employees, and agents (collectively, "lndemnitees") from
and against any and all claims, losses, liability, costs, or expenses (including reasonable
attorney and expert fees) (collectively referred to as "claims") either arising from or
related to breach of this Agreement, but only to the extent such claims are caused by
the act, omission, negligence, misconduct, or other fault of the lndemnitor and any and
all of its agents, representatives, officials, officers, directors, employees, volunteers,
departments, agencies, boards, committees, and commissions.
24.0
INSURANCE
24.1
Each Party herein this Agreement is a public entity and shall provide the other Party a
Certificate of Self-Insurance equal to:
General Aggregate
$3,000,000
Each Occurrence Limit
$1,000,000
24.2
The Subrecipient, at Subrecipient's own expense, shall purchase and maintain, at a
minimum, the herein stipulated insurance from a company or companies duly licensed
by the State of Arizona and possessing an AM Best, Inc. category 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.
24.3
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.
24.4
In the event the insurance required is written on a claims-made basis, Subrecipient
warrants that any retroactive date under the policy shall precede the effective date of
this Contract and either continuous coverage will be maintained, or an extended
discovery period will be exercised for a period of two (2) years beginning at the time
work under this Contract is completed.
24.5
Subrecipient's insurance shall be primary insurance as respects County, and any
Page 8 of 19
City of Phoenix
insurance or self-insurance maintained by County shall not contribute to it.
24.6
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.
24.7
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. Subrecipient shall be
solely responsible for the deductible and/or self-insured retention and County, at its
option, may require Subrecipient to secure payment of such deductibles or self-insured
retentions by a surety bond or an irrevocable and unconditional letter of credit.
24.8
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 or additional loss payees as
applicable.
24.9
The policies required hereunder, except 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 Subrecipient's work or service.
24.10 If available, the insurance policies required by this Contract may be combined with
Commercial Umbrella Insurance policies to meet the minimum limit requirements. If a
Commercial Umbrella insurance policy is utilized to meet insurance requirements, the
Certificate of Insurance shall indicate which lines the Commercial Umbrella Insurance
covers.
24.11 Commercial General Liability
24.11.1
Commercial General Liability (CGL) 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.
24.12 Errors and Omissions/Professional Liability Insurance
24.12.1
Errors and Omissions (Professional Liability) insurance which will
insure and provide coverage for errors or omissions, or professional
liability of the architect engaged by the Subrecipient for the Project,
with limits of no less than $2,000,000 for each claim.
24.13 Builder's Risk (Property) Insurance
Subrecipient shall purchase and maintain, on a replacement cost
basis, Builders' Risk insurance and, if necessary, Commercial
Umbrella insurance in the amount of the initial Contract amount, as
well as subsequent modifications thereto for the entire work at the
site. Such Builders' Risk insurance shall be maintained until final
payment has been made or until no person or entity other than County
has an insurable interest in the property required to be covered,
whichever is earlier. This insurance shall include interests of County,
Subrecipient, and all subcontractors and sub-subcontractors in the
work during the life of the Contract and course of construction and
shall continue until the work is completed and accepted by County.
For new construction projects, Subrecipient agrees to assume full
responsibility for loss or damage to the work being performed and to
the structures under construction. For renovation construction
projects, Subrecipient agrees to assume responsibility for loss or
damage to the work being performed at least up to the full Contract
Page 9 of 19
City of Phoenix
amount, unless otherwise required by the Contract documents or
amendments thereto. Builders' Risk insurance shall be on a special
form and shall also cover false work and temporary buildings and
shall insure against risk of direct physical loss or damage from
external causes including debris removal, and demolition occasioned
by enforcement of any applicable legal requirements and shall cover
reasonable compensation for architect's service and expenses
required as a result of such insured loss and other "soft costs" as
required by the contract. Builders' Risk insurance must provide
coverage from the time any covered property comes under
Subrecipient's control and/or responsibility, and continue without
interruption during construction, renovation, or installation, including
any time during which the covered property is being transported to the
construction installation site and while on the construction or installation
site awaiting installation. The policy will provide coverage while the
covered premises or any part thereof are occupied. Builders' Risk
insurance shall be primary, and any insurance or self-insurance
maintained by the County is not contributory. If the Contract requires
testing of equipment or other similar operations, at the option of
County, Subrecipient will be responsible for providing property
insurance for these exposures under a Boiler and Machinery insurance
policy or the Builders' Risk Insurance policy.
24.14 Certificates of Insurance
24.14.1
Within ten (10) calendar days following the closing of construction
financing for the Project, the Subrecipient 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 Subrecipient'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.
24.14.2
In the event any insurance policy/policies required by this Contract is
(are) written on a claims-made basis, coverage shall extend for two (2)
years past completion and acceptance of Subrecipient's work or
services and as evidenced by annual certificates of insurance.
24.14.3
If a policy does expire during the life of the Contract, a renewal
certificate must be sent to County fifteen (15) business days prior to
the expiration date.
24.15 Certificate holder shall be identified as:
Maricopa County
c/o Risk Management
301 W Jefferson St., Suite 910
Phoenix, AZ 85003
24.16 Cancellation and Expiration Notice
24.16.1
Applicable to all insurance policies required within the insurance
requirements of this contract, Subrecipient's insurance shall not be
permitted to expire, be suspended, be canceled, or be materially
changed for any reason without 30 days prior written notice to
Maricopa County. Subrecipient must provide to Maricopa County,
within ten 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 and shall be mailed, or hand delivered to
301 W. Jefferson, 9th Floor, Phoenix, AZ 85003, or emailed to the
Maricopa County representative noted in the Contract.
Page 10 of 19
City of Phoenix
25.0
OFFSHORE PERFORMANCE OF WORK PROHIBITED
Due to security and identity protection concerns, direct services under this Agreement shall
be performed within the borders of the United States. Any services described in the scope
of work that directly serve State of Arizona residents and may involve access to secure or
sensitive data or personal client data or development or modification of software 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 incidental to the performance of the Agreement.
This provision applies to all work performed by Subrecipients or subcontractors at all tiers.
26.0
TECHNICAL ASSISTANCE
The County will provide reasonable technical assistance to the Subrecipient to assist in
complying with state and federal laws, and regulations, and accountability for diligent
performance and compliance with the terms and conditions of this Agreement and all
applicable laws, regulations, and standards. However, this assistance in no way relieves the
Subrecipient of full responsibility and accountability for its actions and performance in
compliance with the terms of this Agreement.
27.0
STAFF AND VOLUNTEER TRAINING
The County may make available to the Subrecipient the opportunity to participate in any
applicable training activities conducted by the County.
28.0
CLEAN AIR ACT
The Subrecipient agrees to comply with all regulations, standards and orders issued
pursuant to the Clean Air Act of 1970, as amended (42 U.S.C. §§ 7401, et seq.), to the
extent any are applicable by reason of performance of this Agreement.
29.0
LOBBYING
29.1
No federal appropriated funds have been paid or will be paid by or on behalf of the
Subrecipient to any person for influencing or attempting to influence an officer or
employee of any agency, a member of Congress, an officer or employee of Congress,
or an employee of a member of Congress in connection with the awarding of any
federal agreement, the making of any federal grant, the making of any federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any federal agreement, grant, loan, or cooperative
agreement.
29.2
If any funds, other than federal appropriated funds, have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, an officer or employee of Congress, or an employee
of a member of Congress in connection with any federal agreement, grant, loan or
cooperative agreement, then the Subrecipient shall complete and submit OMB Form-
LLL, titled "Disclosure of Lobbying Activities," in accordance with its instructions and
31 U.S.C. § 1352.
30.0
RELIGIOUS ACTIVITIES
The Subrecipient warrants that none of its costs incurred will include any expense related
to any religious activities.
31.0
POLITICAL ACTIVITY PROHIBITED
None of the funds, materials, property, or services contributed by the County under this
Agreement shall be used for any partisan political activity, or to further the election or defeat
of any candidate for public office.
32.0
COVENANT AGAINST CONTINGENT FEES
The Subrecipient warrants no persons or entities have been employed or retained by it
to solicit or secure this Agreement upon an agreement or understanding for a
commission, percentage, brokerage, or contingent fee. For breach or violation of this
Page 11 of 19
City of Phoenix
warranty, the County may immediately terminate this Agreement without liability.
33.0
RIGHTS IN DATA
Each Party shall have the use of all data and reports resulting from this Agreement
without cost or other restriction, except as otherwise provided by law or applicable
regulation. Each Party shall supply the other Party, upon request, any available relevant
information to this Agreement and to the performance under it, except to the extent
prohibited by law.
34.0
COPYRIGHTS
If this Agreement results in a book or written material, the author is free to copyright the
work, but the Parties reserve a royalty-free, nonexclusive, perpetual, and irrevocable
license to reproduce, publish, and otherwise use and to authorize others to use, all
copyrighted material and all material that may be copyrighted as a result of this
Agreement.
35.0
AGREEMENT COMPLIANCE MONITORING/AUDITING
35.1
The County will monitor the Subrecipient's compliance as needed for fiscal and
programmatic performance under the terms and conditions of this Agreement and
applicable regulations promulgated by ARPA and Maricopa County. On-site visits for
compliance monitoring may be made by the County and/or its granter agencies at any
time during the Subrecipient's normal business hours, announced and/or
unannounced. For auditing purposes, the County shall provide the Subrecipient with
30-days' advance notice of any proposed on-site visit. During an on-site visit(s), the
Subrecipient shall reasonably make all its records and accounts related to work
performed or services provided under this Agreement available to the County for
inspection and copying.
35.2
The County shall request information for fiscal monitoring/audit per OMB Uniform
Guidance 2 C.F.R. § 200, to include as applicable:
35.2.1
Financial Management 2 C.F.R. § 200.302
35.2.2
Internal Controls 2 C.F.R. § 200.303
35.2.3
Bonds 2 C.F.R. § 200.304
35.2.4
Payment and Financial Reporting 2 C.F.R. § 200.305
35.2.5
Cost Sharing or Matching 2 C.F.R. § 200.306
35.2.6
Program Income 2 C.F.R. § 200.307
35.2.7
Revision of Budget and Program Plans 2 C.F.R. § 200.308
35.2.8
Period of Performance 2 C.F.R. § 200.309
35.2.9
Insurance Coverage 2 C.F.R. § 200.310
35.2.10
Record Retention and Access 2 C.F.R. §§ 200.334 - 200.338
35.2.11
Procurement Standards 2 C.F.R. § 200.318
35.2.12
Indirect Costs 2 C.F.R. § 200.414
35.2.13
Compensation-Personal Services 2 C.F.R. § 200.430
35.2.14
Audit Requirements 2 C.F.R. §§ 200.501-200.517
36.0
CONTINGENCY RELATING TO OTHER AGREEMENTS AND GRANTS
36.1
The Subrecipient shall, within fifteen (15) business days from acceptance of this
Agreement, inform the Director in writing of the award of any other agreement or grant,
including any other agreement or grant awarded by the County, where the award may
affect either the direct or indirect costs being paid or reimbursed under this Agreement.
The Subrecipient's failure to notify the County of any such award shall be a breach of
this Agreement and the County may immediately terminate this Agreement without
liability.
37.0
MINIMUM WAGE REQUIREMENTS
The Subrecipient warrants it shall pay all its employees who are engaged in either
performing work or providing services under the terms of this Agreement not less than
the minimum wage specified under Section 206(a)(1) of the Fair Labor Standards Act of
Page 12 of 19
City of Phoenix
1938, as amended (29 U.S.C. §§ 201, et seq.), by law and regulation, and, as applicable,
Executive Order 13658, as amended, and as specified by Arizona law.
38.0
RECOGNITION OF COUNTY SUPPORT
The Subrecipient shall give recognition to the County and ARPA for its support when the
Subrecipient publishes materials or releases public information paid for in whole or in part
with funds received by the Subrecipient under this Agreement.
39.0
NONDISCRIMINATION, EQUAL OPPORTUNITY, AND EQUAL ACCESS
The Subrecipient, in connection with any services or other activities under this
Agreement, shall not in any way discriminate against any person on the grounds of race,
color, religion, sex, national origin, age, disability, political affiliation or belief. The
Subrecipient shall include this clause in all Subcontracts.
40.0
DISABILITY REQUIREMENTS
The Subrecipient agrees that any electronic or information technology offered under this
Agreement shall comply with A.RS.'§§41-2531 and 41-2532 and Section 508 of the
Rehabilitation Act of 1973, which requires that employees and members of the public shall
have access to and use of information technology that is comparable to the access and
use by employees and members of the public who are not individuals with disabilities.
41.0
EQUAL EMPLOYMENT OPPORTUNITY
41.1
The Subrecipient shall not discriminate against any employee or applicant for
employment because of race, age, disability, color, religion, sex, sexual identity, gender
identity, or national origin.
41.2
The Subrecipient shall take affirmative action to ensure applicants are employed and
employees are treated during employment without regard to their race, age, disability,
color, religion, sex, sexual identity, gender identity, or national origin. Such action shall
include, but is not limited to, the following: employment, upgrading, demotion or
transfer, recruitment, or recruitment advertising, lay-off or termination, rates of pay or
other forms of compensation, and selection for training, including apprenticeship.
41.3
The Subrecipient shall and shall require all subcontractors to comply with:
41.3.1
Title VI and VII of the Civil Rights Act of 1964, as amended (42 U.S.C. §§
2000a, et seq.);
41.3.2
The Rehabilitation Act of 1973, as amended (29 U.S.C. §§ 701, et seq.);
41.3.3
The Age Discrimination in Employment Act of 1967, as amended (29
U.S.C. §§ 621, et seq.);
41.3.4
The Americans With Disabilities Act of 1990 (42 U.S.C. §§ 12101, et seq.);
and
41.3.5
Arizona Executive Order 2009-09, et seq. as amended, which mandates
that all persons shall have equal access to employment opportunities.
42.0
UNIFORM ADMINISTRATIVE REQUIREMENTS
The Subrecipient agrees to comply with all applicable provisions of Title 2, Subtitle A,
Chapter II, Part 200 Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards contained in Title 2 C.F.R. §§ 200, et seq.
43.0
FINANCIAL MANAGEMENT
The Subrecipient shall establish an accounting system that assures the safeguarding
and accountability of all money and assets provided under this Agreement. No part of the
money deposited in the bank account shall be commingled with other funds or money
belonging to the Subrecipient. All interest earned on the account shall be disbursed in
the manner specified by the County in accordance with applicable State of Arizona and
federal regulations. If an accounting system is used, then it shall .be in accordance with
generally accepted accounting principles.
Page 13 of 19
City of Phoenix
44.0
RETENTION OF RECORDS
44.1
This provision applies to all financial and programmatic records, supporting document,
statistical records, and other records of the Subrecipient that are related to this
Agreement.
44.2
The Subrecipient shall retain all records relevant to this Agreement for six (6) years
after final payment or until after the resolution of any audit questions which could be
more than six (6) years, whichever is longer, and the County, federal and state auditors
and any other persons duly authorized by the County shall have full access to, and the
right to examine, copy, and make use of any and all of the records.
45.0
ADEQUACY OF RECORDS
If the Subrecipient's books, records and other documents related to this Agreement are
not sufficient to support and document that allowable services were provided to eligible
participants as determined by a court of competent jurisdiction, then the Subrecipient
shall reimburse the County for the services not supported and documented.
46.0
IMMIGRATION LAWS AND REGULATIONS
46.1
Federal Immigration and Nationality Act
46.1.1
The Subrecipient understands and acknowledges the applicability of
the Immigration Reform and Control Act of 1986 (IRCA). The
Subrecipient agrees to comply with the IRCA in performing under this
Agreement and to permit the County to reasonably inspect personnel
records to verify such compliance, to the extent required by law.
46.1.2
By entering into this Agreement, the Subrecipient warrants compliance
with the Federal Immigration and Nationality Act (FINA) and all other
federal immigration laws and regulations related to the immigration
status of its employees. The Subrecipient shall obtain statements
from their subcontractors certifying compliance and shall furnish
the statements to the County upon request. These warranties shall
remain. in effect through the term of the Agreement. The
Subrecipient and their subcontractors shall also
maintain
Employment Eligibility Verification forms (1-9) as required by the
U.S. Department of Labor's Immigration and Control Act for all
employees performing work under the Agreement. 1-9 forms are
available for download at USCIS.GOV.
46.1.3
The County may request verification of compliance for any employee or
subcontractor performing work under the Agreement. Should the
County suspect or find that the Subrecipient or any of its subcontractors
are not in compliance, then the County may pursue all remedies allowed
by law, including, but not limited to, suspension of work, termination of
the Agreement for default, and suspension or debarment (or both) of
the Subrecipient. All costs necessary to verify compliance are the
responsibility of the Subrecipient or its subcontractor.
46.2
Arizona Law: The Subrecipient warrants it is compliant with A.RS. § 41-4401 (E- Verify
requirements) and further acknowledges that:
46.2.1
The Subrecipient, and its contractors and vendors, warrant their
compliance with all federal immigration laws and regulations that relate to
their employees and their compliance with A.RS.§ 23-214;
46.2.2
A breach of a warranty under this Subparagraph 46.2.2 shall be deemed
a material breach of this Agreement and the County may immediately
terminate this Agreement without liability; and
46.2.3
The County and any contracting government entity retain the legal right
to inspect the papers and employment records of the Subrecipient or their
Vendor's employees who works on this Agreement to ensure such Party
or Vendor is complying with the warranty provided under this
Page 14 of 19
City of Phoenix
Subparagraph 46.2.3 and the Subrecipient agrees to make all papers and
employment records of those employees available during normal working
hours to facilitate such an inspection.
47.0
DRUG FREE WORKPLACE ACT
The Subrecipient shall comply with the Drug-Free Workplace Act of 1988 (41 U.S.C. §§ 701,
et seq.), which requires that Subrecipients and grantees of federal funds must certify they
will provide Drug-Free workplaces. This certification is a precondition to receiving a grant
or entering into this Agreement.
48.0
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND
VOLUNTARY EXCLUSION
48.1
The undersigned, by signing this Agreement, represents that he/she has the authority
to bind the Subrecipient to the terms of this Certification. The Subrecipient, as the
primary participant in accordance with 2 C.F.R Part 180, certifies to the best of its
knowledge and belief that it and its principals:
48.1.1
Are not presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from covered transactions
by any federal department or agency;
48.1.2
Have not within a three (3) year period preceding the start date of this
Agreement, been convicted of or had a civil judgment rendered
against them for (1) the commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public
(federal, State, or local) transaction or a contract under a public
transaction; (2) the violation of any federal or State antitrust statutes
or (3) the commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements, or
receiving stolen property;
48.1.3
Are not presently indicted or otherwise criminally or civilly charged by
a governmental entity (federal, state, or local) with the commission of
any of the offenses enumerated in sub-subparagraph 48.1.2 above;
and
48.1.4
Have not, within a three (3) year period preceding the Start Date of
this Agreement, had one (1) or more public transactions (federal,
state, or local) terminated for cause or default.
48.2
The Subrecipient agrees to include, without modification, this clause in all lower tier
covered transactions (i.e., transactions with subcontractors, vendors) and in all
solicitations for lower tier covered transactions related to this Agreement.
49.0
SUBRECIPIENT EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO
INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS:
49.1
The Subrecipient agrees this Agreement and its employees working on this Agreement
will be subject to the whistleblower rights and remedies in the federal pilot program
established at 41 U.S.C. § 4712 by Section 828 of the National Defense Authorization
Act for Fiscal Year 2013 (Pub. L. 112-239) and Section 3.908 of the Federal Acquisition
Regulation;
49.2
The Subrecipient shall inform its employees in writing, in the predominant language of
the workforce, of employee whistleblower rights and protections under 41 U.S.C.
§ 4712, as described in Section 3.908 of the Federal Acquisition Regulation.
Documentation of such employee notification must be kept on file by the Subrecipient,
and copies provided to County upon request; and
49.3
The Subrecipient shall insert the substance of this clause, including this paragraph,
(herein section 49.0), in all subcontracts awarded above the agreed upon simplified
acquisition threshold of $250,000 (as of June 2021).
50.0
WRITTEN CERTIFICATION PURSUANT TO A.R.S. § 35-393.01
If the Subrecipient engages in for-profit activity and has ten (10) or more employees, and if
Page 15 of 19
City of Phoenix
this Agreement has a value of $100,000 or more, then the Subrecipient certifies it is not
currently engaged in and agrees for the duration of this Agreement not to engage in, a
boycott of goods and services from Israel. This certification does not apply to a boycott
prohibited by 50 U.S.C. § 4842 or a regulation issued pursuant to 50 U.S.C. § 4842.
51.0
SURVIVAL
The indemnification, hold harmless, defense, and non-liability provisions of this Agreement
shall have full force and effect notwithstanding any other provisions in this Agreement and
shall survive the termination or expiration of this Agreement.
52.0
DEFAULT AND REMEDIES FOR NONCOMPLIANCE
52.1
Notwithstanding anything to the contrary, this section (herein section 52.0) shall not be
deleted or superseded by any other provision of this Agreement.
52.2
This Agreement may be immediately terminated by a Party if the other Party defaults
by failing to perform any objective or breaches any obligation under this Agreement, or
any event occurs that jeopardizes the other Party's ability to perform any of its
obligations under this Agreement.
52.3
Failure to comply with the requirements of this Agreement and all the applicable
federal, state, or local laws, rules, and regulations may result in suspension or
termination of this Agreement, the return of unexpended funds (less just compensation
for work satisfactorily completed that, to date, had not been reimbursed), the
reimbursement of funds improperly expended, or the recovery of funds improperly
acquired. Noncompliance includes, but is not limited to:
52.3.1
Non-performance of any obligations required by this Agreement.
52.3.2
Noncompliance with any applicable federal, state, or local laws, rules, or
regulations.
52.3.3
Unauthorized expenditure of funds.
52.3.4
Noncompliance with applicable financial record requirements, accounting
principles, or standards established by OMB circulars and 2 C.F.R. §§ 200
et seq.
52.3.5
Noncompliance with recordkeeping, record retention, or reporting
requirements.
52.4
Notwithstanding the suspension or termination of this Agreement, or the final
determination of the proper disposition of funds, the Subrecipients, without intent to
limit or with restrictions, are subject to the following:
52.4.1
Acknowledge suspension or termination of this Agreement does not affect
or terminate any rights against that Party at the time of suspension or
termination, or that may accrue later. Nothing herein shall be construed to
limit or terminate any right or remedy available under Agreement.
52.4.2
Waiver of a breach or default of any term, covenant, or condition of this
Agreement or any federal, state, or local law, rule, or regulation shall not
operate as a waiver of any subsequent breach of the same or any other
term, covenant, condition, law, rule, or regulation.
52.5
The Subrecipient shall, upon notice or with knowledge obtained by itself or others, take
any and all proactive actions necessary, and provide any and all applicable remedies
to address and correct any act by itself, and any and all of its agents, representatives,
officers, officials, directors, employees, volunteers, successors, assigns, or
subcontractors that resulted in any wrongdoing (intentional or unintentional); misuse or
misappropriation of funds; the incorrect or improper disposition of funds; any violation
of any federal, state, or local law, rule, or regulation; or the breach of any certification
or warranty provided in this Agreement.
53.0
ADMINISTRATIVE REQUIREMENTS
53.1
Accounting Standards - The Subrecipient agrees to comply with this Agreement and
to adhere to the accounting principles and procedures required to utilize adequate
internal controls and maintain necessary source documentation for all costs incurred,
as well as any applicable federal laws and regulations. The Subrecipient further agrees
Page 16 of 19
City of Phoenix
to maintain an adequate accounting system that provides for appropriate grant
accounting (including calculation of program income).
53.2
Repayment of Funds - The Subrecipient agrees to repay funds provided under this
Agreement for noncompliance with the terms of this Agreement. Repayment shall be
in accordance with the terms of this Agreement or the requirement of applicable laws
and regulations, including continuing use compliance. The County shall specify in
writing, the terms of the repayment or alternative terms in lieu of repayment. However,
in no case shall repayment or compliance with the alternative terms be complete any
later than sixty (60) calendar days following the written determination of noncompliance
by the County.
53.3
Documentation and Record Keeping - The Subrecipient agrees to comply with this
Agreement and the following record keeping requirements:
53.3.1
Records to be maintained - The Subrecipient shall maintain all financial
records as required by 2 C.F.R. § 200, and OMB Circulars.
53.3.2
System for Award Management - Subrecipient and all subrecipients shall
have a valid Unique Entity Identifier (UEI) number and an active profile in
the federal System for Award Management, or SAM.gov. Documentation
of the UEI Number must be included in all project files.
53.3.3
Records Retention - The Subrecipient shall retain all records pertinent to
this Agreement for a period of six (6) years after all requirements have
been met. In the event of litigation, a claim, or an audit is begun before the
expiration of this retention period, said records shall be retained until all
such action or audit findings involving the records have been resolved.
53.3.4
Disclosure - The Subrecipient understands that client information collected
under this Agreement is private and the use or disclosure of such
information, when not directly connected with the administration of the
County's or the Subrecipient's responsibilities with respect to services
provided under this Agreement, is prohibited unless written consent is
obtained from such person receiving service.
53.3.5
Property Records - The Subrecipient shall maintain property and
equipment inventory records that clearly identify properties and equipment
purchased, improved, or sold. Properties and equipment retained shall
continue to meet eligibility criteria and shall conform to the use of property
and equipment.
54.0
UYGHUR FORCED LABOR PREVENTION ACT (UFLPA)
54.1
The Subrecipient warrants and certifies it does not currently, and agrees for the
duration of the Agreement that it will not, use:
54.1.1
The forced labor of ethnic Uyghurs in the People's Republic of China.
54.1.2
Any goods or services produced by the forced labor of ethnic Uyghurs in
the People's Republic of China.
54.1.3
Any contractors, subcontractors or suppliers that use the forced labor or
any goods or services produced by the forced labor of ethnic Uyghurs in
the People's Republic of China.
54.2
If the Subrecipient becomes aware during the term of the Agreement that the
Subrecipient is not in compliance with this paragraph, the Subrecipient shall notify the
County within five (5) business days after becoming aware of the noncompliance.
Failure of the Subrecipient to provide a written certification that the Subrecipient has
remedied the noncompliance within one-hundred-eighty (180) days after notifying the
public entity of its noncompliance, this Agreement shall terminate unless the Term of
this Agreement shall end prior to said -hundred- eighty (180) day period.
55.0
FORCE MAJEURE
55.1
The Subrecipient shall be liable for failure of performance, nor incur any liability to the
other Party on account of any loss or damage resulting from any delay or failure to
perform all or any part of this Agreement if such delay or failure is caused by events,
occurrences, or causes beyond the reasonable control and without negligence of the
Page 17 of 19
City of Phoenix
Parties. Such events, occurrences, or causes will include Acts of God/Nature (including
fire, flood, earthquake, storm, hurricane, or other natural disaster), war, invasion, act of
foreign enemies, hostilities (whether war is declared or not), civil war, riots, rebellion,
revolution, insurrection, military or usurped power or confiscation, terrorist activities,
nationalization, government sanction, lockout, blockage, embargo, labor dispute,
strike, pandemic, and interruption or failure of electricity or telecommunication service.
55.2
The·Subrecipient, 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.
55.3
The Party asserting Force Majeure as a cause for non-performance shall have the
burden of proving that reasonable steps were taken to minimize delay or damages
caused by foreseeable events, all non-excused obligations were substantially fulfilled,
and the other Party was timely notified of the likelihood or actual occurrence that would
justify such an assertion, so other prudent precautions could be contemplated.
[Signatures contained on following page]
City of Phoenix
Page 18 of 19
C-18-25-006-X-00
IN WITNESS, the Parties have approved and signed this Agreement:
APPROVED BY:
CITY OF PHOENIX,
Jeffrey Barton,
City Manager
APPROVED BY:
MARICOPA COUNTY
Christine Mackay,
Date
Community and Economic
Development Director
Attested to:
Jack Sellers, Chairman
Date
Board of Supervisors
Attested to:
City Clerk
Date
IN ACCORDANCE WITH A.R.S. §§ 9-240
AND 11-952, THIS AGREEMENT HAS
BEEN REVIEWED BY THE
UNDERSIGNED ATTORNEY WHO HAS
DETERMINED THIS AGREEMENT IS
PROPER IN FORM AND WITHIN THE
POWERS AND AUTHORITY GRANTED
TO THE CITY OF PHOENIX UNDER THE
LAWS OF THE STATE OF ARIZONA.
APPROVED AS TO FORM:
JULIE M. KRIEGH, City
Attorney
Assistant Chief Counsel
Date
Juanita Garza, Clerk of the Board
Date
IN ACCORDANCE WITH A.R.S. §§ 11-201,
11-251, AND 11-952, THIS AGREEMENT
HAS BEEN REVIEWED BY THE
UNDERSIGNED ATTORNEY WHO HAS
DETERMINED THIS AGREEMENT IS
PROPER IN FORM AND WITHIN THE
POWERS AND AUTHORITY GRANTED TO
MARICOPA COUNTY UNDER THE LAWS
OF THE STATE OF ARIZONA.
APPROVED AS TO FORM:
Deputy County Attorney
Date
City of Phoenix
Page 19 of 19
EXHIBIT A
Statement of Work
Subrecipient will use the funds awarded by the County to complete the adaptive reuse construction of
a former big box department store into a workforce training, education and innovation facility known
as the Innovation 27 Workforce Training and Education Collaborative (Innovation 27). The project is
approximately 128,000 square feet and is located on 8 acres.
Subrecipient has competitively procured or will competitively procure design services and construction
services in compliance with this Agreement and applicable local, state and federal regulations for the
following services:
1)
Site Analysis
2)
Design Development
3)
Code and Zoning Compliance
4)
Construction Documents
5)
Construction Administration and Inspection
6)
Construction of the site