SNAP-ED OFFER AND ACCEPTANCE.PDF

wu! . Four taols for grants success.

Award Notification Letter

Congratulations! This is to inform you that your application is now
awarded.

Project: AZ Health Zone
Program: AZ Health Zone (SNAP-Ed)
Approval Date:
Approved Amount:  $2,205,445.00

No federal funds were included in this

Federal Awards:
award.

Other Awards:
e¢ ORG2167 SNAP Nutritional

Education (SNAP-ED) - FY2020:
$2,205,445.00
o Agency: AZ DEPARTMENT OF
ECONOMIC SECURITY
o Fiscal Year: 2020
°0 CFDA: 10.561

Total Other: $2,205,445.00
Total Match: $0.00

Period of Performance: 10/01/2020 - 09/30/2021
Award ID: RFGA2020-001-001
Ein: 86-6000472

ATTACHMENT A

IZON
Offer And Acceptance ae ae weap eh al
150 N. 18" Avenue, Sulte 530
REQUEST FOR GRANT APPLICATION Phoenix, Aion BSOOT
AZ HEALTH ZONE (SNAP-Ed)

The Undersigned hereby applies and agrees to furnish the materials, service(s) or construction in compliance with all the terms,
conditions, specifications, any amendments in the Request and any written exceptions in the Application.

Applicant's Arizona Transaction (Sales) Privilege Tax License Number: 07-290-681D

Applicant's Federal Employer Identification Number: 86-600472

Maricopa County Department of Public Health Clint, Hickman

Applicant's Name . Name of Person Authorized to Sign Application
(Please type or print)

4041 N. Central Ave #1400 Chairman, Board of Supervisors

Street Address Title of Authorized Person

Phoenix, AZ 85012

City State Zip Code Signature of Authorized Person Date

Telephone Number: saibiaiand Facsimile Number: 602-506-6885

E-Mall Address: amanda.mitchell@maricopa.gov

ACCEPTANCE OF APPLICATION AND GRANT AWARD
(For State of Arizona Use Only)

Your Application is hereby accepted as described in the Notice of Award. You are now bound to perform based upon the RFGA
and your Application, as accepted by the State.

You are hereby cautioned not to commence any billable work or provide any material or service under this Grant until you receive
an executed purchase order, Grant release document, or written notice to proceed, if applicable.

State of Arizona

Awarded this_ BO!" day of Jimew 2020

C hiss Rum

Procurement Officer

ATTEST: APPROVED AS TO FORM:

Anne Longo /s/
MCOPH Clerk of the Board Attorney for Maricopa County
Attachmant A: Offer and Acceptance 7/8/2020
Date: Date:

RFGA2020-01 AZ Heakh Zono

Participation in Boycott of Israel Siatocof Arizona

PAGE Arizona Department of Health
Solicitation No.: RFGA2020-01 1 Services
150 N 18" Ave, Ste 530
OF i
AZ HEALTH ZONE (SNAP-Ed) 5 Phoenix, AZ 85007

Please note that if any of the following apply to this Solicitation, Contract, or Contractor, then the
Offeror shall select the “Exempt Solicitation, Contract, or Contractor” option below:

e The Solicitation or Contract has an estimated value of less than $100,000;

e Contractor is a sole proprietorship;

e Contractor has fewer than ten (10) employees; OR

e Contractor is a non-profit organization.

Pursuant to A.R.S. §35-393.01, public entities are prohibited from entering into contracts “unless
the contract includes a written certification that the company is not currently engaged in, and
agrees for the duration of the contract to not engage in, a boycott of goods or services from Israel.”

Under A.R.S. §35-393:

1. "Boycott" means engaging in a refusal to deal, terminating business activities or performing other actions
that are intended to limit commercial relations with entities doing business in Israel or in territories
controlled by Israel, if those actions are taken either:

(a) Based in part on the fact that the entity does business in Israel or in territories controlled by Israel.
(b) In a manner that discriminates on the basis of nationality, national origin or religion and that is not
based on a valid business reason.

2. "Company" means an organization, association, corporation, partnership, joint venture,
limited partnership, limited liability partnership, limited liability company or other entity or
business association, including a wholly owned subsidiary, majority-owned subsidiary,
parent company or affiliate, that engages in for-profit activity and that has ten or more
full-time employees.

5. "Public entity" means this State, a political subdivision of this State or an agency, board, commission or
department of this State or a political subdivision of this State.

The certification below does not include boycotts prohibited by 50 United States Code Section 4842 or a
regulation issued pursuant to that section. See A.R.S. §35-393.03.

In compliance with A.R.S. §§35-393 et seq., all offerors must select one of the following:

J The Company submitting this Offer does not participate in, and agrees not to participate in during the
term of the contract, a boycott of Israel in accordance with A.R.S. §§35-393 et seq. | understand that
my entire response will become public record in accordance with A.A.C. R2-7-C317.

1 The Company submitting this Offer does participate in a boycott of Israel as described in A.R.S. §§35-
393 et seq.

O Exempt Solicitation, Contract, or Contractor.

MCDPH
Attachment D: Participation in Boycott
RFGA2020-01 AZ Health Zone

SPO Form 205 — Participation in Boycott of Israel (rev 10-2019)

Participation in Boycott of Israel State of Arizona

PAGE Arizona Department of Health
Solicitation No.: RFGA2020-01 2 Services
. 150 N 18" Ave, Ste 530
OF i
AZ HEALTH ZONE (SNAP-Ed) 5 Phoenix, AZ 85007
Indicate which of the following statements applies to this Contract:
O Solicitation or Contract has an estimated value of less than $100,000;
O Contractor is a sole proprietorship;
O Contractor has fewer than ten (10) employees; and/or
O Contractor is a non-profit organization.
Maricopa County by and through Department of Public Health
Company Name Signature of Person Authorized to Sign
4041 N. Central Ave, Suite. 1400 Clint Hickman
Address Printed Name
Phoenix, AZ 85012 Chairman, Board of Supervisors
City State Zip Title
MCDPH

Attachment D: Participation in Boycott
RFGAz2020-01 AZ Health Zone

SPO Form 205 — Participation in Boycott of Israel (rev 10-2019)

TERMS AND CONDITIONS ARIZONA DEPARTMENT OF
HEALTH SERVICES

150 N. 18 A je, Suite 530
REQUEST FOR GRANT APPLICATION Henne Mince

RFGA NO. RFGA2020-01
AZ HEALTH ZONE (SNAP-Ed)

Definition of Terms. As used in this Grant, the terms listed below are defined as follows:

{

2

10

11

12

13

14

15

16

17

“Attachment” means any document attached to the Grant and incorporated into the Grant.
“ADHS” means Arizona Department of Health Services.

“Budget Term” means the period of time for which the contract budget has been created and during which funds
should be expended.

“Change Order” means a written order that is signed by a Procurement Officer and that directs the Grantee to
make changes authorized by the Terms and Conditions of the Grant.

“Cost Reimbursement” means a Grant under which a Grantee is reimbursed for already incurred costs, which
are reasonable, allowable and allocable in accordance with the Grant terms and approved by ADHS.

“Days” means calendar days unless otherwise specified.

“Fixed Price” establishes a set price per unit of service. The set price shall be based on costs, which are
reasonable, allowable and allocable.

“Grant” means the combination of the Terms and Conditions, the Specifications and Statement or Scope of Work,
Attachments, Referenced Documents, any Grant Amendments and any terms applied by law.

“Grant Amendment” means a written document signed by the Procurement Officer and the Grantee that is issued
for the purpose of making changes in the Grant.

“Grantee” means any person who has a Grant with the Arizona Department of Health Services.

“Gratuity” means a payment, loan, subscription, advance, deposit of money, services, or anything of more than
nominal value, present or promised, unless consideration of substantially equal or greater value is received.

“Materials” unless otherwise stated herein, means all property, including but not limited to equipment, supplies,
printing, insurance and leases of property.

“Procurement Officer’ means the person duly authorized by the State to enter into and administer Contracts and
make written determinations with respect to the Contract.

“Purchase Order” means a written document that is signed by a Procurement Officer, that requests a vendor to
deliver described goods or services at a specific price and that, on delivery and acceptance of the goods or
services by ADHS, becomes an obligation of the State.

“Services” means the furnishing of labor, time or effort by a Grantee or Subgrantee.

“Subgrant” means any grant express or implied, between the Grantee and another party or between a subgrant
and another party delegating or assigning, in whole or in part, the making or furnishing of any material or any
service required for the performance of this Grant.

“State” means the State of Arizona and/or the ADHS. For purposes of this Grant, the term “State” shall not
include the Grantee.

1 of 17

TERMS AND CONDITIONS ARIZONA DEPARTMENT OF
HEALTH SERVICES

150 N. 18" Avenue, Suite 530
REQUEST FOR GRANT APPLICATION PHGSHE Anzone 85007

RFGA NO. RFGA2020-01
AZ HEALTH ZONE (SNAP-Ed)

1. GRANT TYPE. Payment shall be made on a Cost Reimbursement basis.

2. GRANT INTERPRETATION.

2.1.

2.2.

2.3.

2.4.

2.5.

2.6.

2.1.

2.8.

Arizona_Law. The law of Arizona applies to this Grant including, where applicable, the Uniform
Commercial Code as adopted by the State of Arizona.

Implied Contract Terms. Each provision of law and any terms required by law to be in this Grant are a
part of this Contract as if fully stated in it.

Grant Order of Precedence. In the event of a conflict in the provisions of the Grant, as accepted by the
State and as they may be amended, the following shall prevail in the order set forth below:

2.3.1. Terms and Conditions;
2.3.2. Statement or Scope of Work;
2.3.3. Attachments; and

2.3.4. Referenced Documents.

Relationship of Parties. The Grantee under this Grant is an independent Grantee. Neither party to this
Grant shall be deemed to be the employee or agent of the other party to the Grant.

Severability. The provisions of this Grant are severable. Any term or condition deemed illegal or invalid
shall not affect any other term or condition of the Grant.

No Parole Evidence. This Contract is intended by the parties as a final and complete expression of their
agreement. No course of prior dealings between the parties and no usage of the trade shall supplement
or explain any terms used in this document.

No Waiver. Either party’s failure to insist on strict performance of any term or condition of the Contract
shall not be deemed a waiver of that term or condition even if the party accepting or acquiescing in the
nonconforming performance knows of the nature of the performance and fails to object to it.

Headings. Headings are for organizational purposes only and shall not be interpreted as having legal
significance or meaning.

3. GRANT ADMINISTRATION AND OPERATION.

3.1.

3.2.

3.3.

Term. The initial terms of this Grant shall commence on DATE or upon final signature by the State
Government Administrator, and shall remain in effect for one (1) year unless terminated, canceled, or
extended as otherwise provided herein.

Contract Renewal. This Grant shall not bind, nor purport to bind, the State for any contractual
commitment in excess of the original Grant period. The term of the Grant shall not exceed five (5) years.
However, if the original Grant period is for less than five (5) years, Grant period together with the renewal
periods does not exceed five years. If the State exercises such rights, all terms, conditions and provisions
of the original Grant shall remain the same and apply during the renewal period with the exception of
price and Scope of Work, which may be renegotiated.

New Budget Term. If a budget term has been completed in a multi-term Grant, the parties may agree
to change the amount and type of funding to accommodate new circumstances in the next budget term.
Any increase or decrease in funding at the time of the new budget term shall coincide with a change in

2 of 17

TERMS AND CONDITIONS ARIZONA DEPARTMENT OF
HEALTH SERVICES
150 N. 18" A , Suite 530
REQUEST FOR GRANT APPLICATION Phoenix, Argon 0
AZ HEALTH ZONE (SNAP-Ed)

3.4.

3.5.

3.6.

3.7.

3.8.

3.9.

3.10.

the Scope of Work or change in cost of services as approved by the Arizona Department of Health
Services.

Non-Discrimination. The Contractor shall comply with State Executive Order No. 2009-09 and all other
applicable Federal and State laws, rules and regulations, including the Americans with Disabilities Act.

Records and Audit. Under A.R.S. § 35-214 and A.R.S. § 35-215, the Grantee shall retain and shall
contractually require each subgrantee to retain all data and other records (“records”) relating to the
acquisition and performance of the Grant for a period of five (5) years after the completion of the Grant.
All records shall be subject to inspection and audit by the State and where applicable the Federal
Government at reasonable times. Upon request, the Grantee shall produce a legible copy of any or all
such records.

Financial Management. For all contracts, the practices, procedures, and standards specified in and
required by the Arizona Department of Health Service’s Guidance for Federal Grant Award Management
Manual shall be used by the Grantee in the management of Grant funds and by the State when
performing a Grant audit. Funds collected by the Grantee in the form of fees, donations and/or charges
for the delivery of these Grant services shall be accounted for in a separate fund.

3.6.1. Federal Funding. Grantees receiving federal funds under this Grant shall comply with the
certified finance and compliance audit provisions of the Office of Management and Budget and
related Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards, if applicable. The federal financial assistance information shall be stated in
a Change Order or Purchase Order.

3.6.2. State Funding. Grantees receiving state funds under this Grant shall comply with the certified
compliance provisions of A.R.S. § 35-181.03.

Inspection and Testing. The Grantee agrees to permit access, at reasonable times, to its facilities.

Notices. Notices to the Grantee required by this Grant shall be made by the State to the person indicated
on the signature page by the Grantee, unless otherwise stated in the Grant. Notices to the State required
by the Grant shall be made by the Grantee to an ADHS Procurement Officer, unless otherwise stated in
the Grant. An authorized ADHS Procurement Officer and an authorized Grantee representative may
change their respective person to whom notice shall be given by written notice, and an amendment to
the Grant shall not be necessary.

Advertising and Promotion of Contract. The Grantee shall not advertise or publish information for
commercial benefit concerning this Grant without the prior written approval of an ADHS Procurement
Officer.

Property of the State.

3.10.1. Equipment. Except as provided below or otherwise agreed to by the parties, the title to any —
and all equipment acquired through the expenditure of funds received from the State shall
remain the property of the State by and through the ADHS and, as such, shall remain under
the sole direction, management and control of the ADHS. When this Grant is terminated, the
disposition of all such property shall be determined by the ADHS. For Fixed Price contracts,
when the Grantee provides the services/materials required by the Grant, any and all
equipment purchased by the Grantee remains the property of the Grantee. All purchases of
equipment need to be reported to the ADHS Office of Inventory Control

3.10.2. Title and Rights to Materials. As used in this section, the term “Materials” means all products
created or produced by the Grantee under this Grant, including, but not limited to: written and
electronic information, recordings, reports, research, research findings, conclusions, abstracts,

3 of 17

TERMS AND CONDITIONS ARIZONA DEPARTMENT OF
HEALTH SERVICES

150 N. 18'" Avenue, Suite 530
REQUEST FOR GRANT APPLICATION Phoenix, Arizona 85007

RFGA NO. RFGA2020-01
AZ HEALTH ZONE (SNAP-Ed)

3.10.3.

3.10.4.

3.10.5.

results, software, data and any other intellectual property or deliverables created, prepared, or
received by the Grantee in performance of this Grant. Grantee acknowledges that all Materials
are the property of the State by and through the ADHS and, as such, shall remain under the
sole direction, management and control of the ADHS. The Grantee is not entitled to a patent
or copyright on these Materials and may not transfer a patent or copyright on them to any other
person or entity. To the extent any copyright in any Materials may originally vest in the
Grantee, the Grantee hereby irrevocably transfers to the ADHS, for and on behalf of the State,
all copyright ownership. The ADHS shall have full, complete and exclusive rights to reproduce,
duplicate, adapt, distribute, display, disclose, publish, release and otherwise use all Materials.
The Grantee shall not use or release these Materials without the prior written consent of the
ADHS. When this Grant is terminated, the disposition of all such Materials shall be determined
by the ADHS. Further, the Grantee agrees to give recognition to the ADHS for its support of
any program when releasing or publishing program Materials.

Notwithstanding the above, if the Grantee is a State agency, the following shall apply instead:
It is the intention of ADHS and Grantee that all material and intellectual property developed
under this Agreement be used and controlled in ways to produce the greatest benefit to the
parties to this Grant and the citizens of the State of Arizona. As used in this paragraph,
“Material” means all written and electronic information, recordings, reports, findings, research
information, abstracts, results, software, data, discoveries, inventions, procedures and
processes of services developed by the Grantee and any other materials created, prepared or
received by the Grantee and subGrantees in performance of this Agreement. “Material” as
used herein shall not include any pre-existing data, information, materials, discoveries,
inventions or any form of intellectual property invented, created, developed or devised by
Grantee (or its employees, subGrantees or agents) prior to the commencement of the services
funded by this Agreement or that may result from Grantee’s involvement in other service
activities that are not funded by the Agreement.

Title and exclusive copyright to all Material shall vest in the State of Arizona, subject to any
tights reserved on behalf of the federal government. As State agencies and instrumentalities,
both ADHS and Grantee shall have full, complete, perpetual, irrevocable and non-transferable
rights to reproduce, duplicate, adapt, make derivative works, distribute, display, disclose,
publish and otherwise use any and all Material. The Grantee’s right to use Material shall
include the following rights: the right to use the Material in connection with its internal, non-
profit research and educational activities, the right to present at academic or professional
meetings or symposia and the right to publish in journals, theses, dissertations or otherwise of
Grantee’s own choosing. Grantee agrees to provide ADHS with a right of review prior to any
publication or public presentation of the Material, and ADHS shall be entitled to request the
removal of its confidential information or any other content the disclosure of which would be
contrary to the best interest of the State of Arizona. Neither party shall release confidential
information to the public without the prior expressly written permission of the other, unless
required by the State public records statutes or other law, including a court order. Each party
agrees to give recognition to the other party in all public presentations or publications of any
Material, when releasing or publishing them.

In addition, ADHS and Grantee agree that any and all Material shall be made freely available
to the public to the extent it is in the best interest of the State. However, if either party wants
to license or assign an intellectual property interest in the material to a third-party for monetary
compensation, ADHS and Grantee agree to convene to determine the relevant issues of title,
copyright, patent and distribution of revenue. In the event of a controversy as to whether the
Material is being used for monetary compensation or in a way that interferes with the best
interest of the state or ADHS, then the Arizona Department of Administration shall make the
final decision. Notwithstanding the above, “monetary compensation’ does not include
compensation paid to an individual creator for traditional publications in academia (the
copyrights to which are Employee-Excluded Works under ABOR Intellectual Property Policy

4 of 17

TERMS AND CONDITIONS ARIZONA DEPARTMENT OF
HEALTH SERVICES

150 N. 18! A\ , Suite 530
REQUEST FOR GRANT APPLICATION Phoenix, Arizong 88007

RFGA NO. RFGA2020-01
AZ HEALTH ZONE (SNAP-Ed)

3.11.

3.12.

Section 6-908C.4.), an honorarium or other reimbursement of expenses for an academic or
professional presentation, or an unprofitable distribution of Material.

E-Verify Requirements In accordance with A.R.S. § 41-4401, Grantee warrants compliance with all
Federal immigration laws and regulations relating to employees and warrants its compliance with Section
A.R.S. § 23-214, Subsection A.

Federal Immigration and Nationality Act The Grantee shall comply with all federal, state and local
immigration laws and regulations relating to the immigration status of their employees during the term of
the Grant. Further, the Grantee shall flow down this requirement to all subgrantees utilized during the
term of the Grant. The State shall retain the right to perform random audits of Grantee and subcontractor
records or to inspect papers of any employee thereof to ensure compliance. Should the State determine
that the Grantee and/or any subgrantees be found noncompliant, the State may pursue all remedies
allowed by law, including, but not limited to; suspension of work, termination of the Grant for default and
suspension and/or debarment of the Grantee.

COSTS AND PAYMENTS

4.1.

4.2.

4.3

Payments. Upon receipt and acceptance of goods or services, the Grantee shall submit a complete and
accurate Grantee's Expenditure Report for payment from the State within thirty (30) days.

Recoupment of Contract Payments.

4.2.1. Unearned Advanced Funds. Any unearned State funds that have been advanced to the
Grantee and remain in its possession at the end of each budget term, or at the time of
termination of the Grant, shall be refunded to the ADHS within forty-five (45) days of the end
of a budget term or of the time of termination.

4.2.2. Contracted Services. |n a fixed price Grant, if the number of services provided is less than the
number of services for which the Grantee received compensation, funds to be returned to the
ADHS shall be determined by the Grant price. Where the price is determined by cost per unit
of service or material, the funds to be returned shall be determined by multiplying the unit of
service cost by the number of services the Grantee did not provide during the Grant term.
Where the price for a deliverable is fixed, but the deliverable has not been completed, the
Grantee shall be paid a pro rata portion of the completed deliverable. In a cost reimbursement
contract, the ADHS shall pay for any costs that the Grantee can document as having been
paid by the Grantee and approved by ADHS. In addition, the Grantee will be paid its
reasonable actual costs for work in progress as determined by Generally Accepted Accounting
Principles up to the date of Grant termination.

4.2.3. Refunds. Within forty-five (45) days after the end of each budget term or of the time of
termination of the Grant, the Grantee shall refund the greater of: i) the amount refundable in
accordance with paragraph 4.2.1, Unearned Advanced Funds; or ii) the amount refundable in
accordance with paragraph 5.2.2, Contracted Services.

4.2.4. Unacceptable Expenditures. The Grantee agrees to reimburse the ADHS for all Grant funds
expended, which are determined by the ADHS not to have been disbursed by the Grantee in
accordance with the terms of this Grant or within the Federal Awarding Agency’s award terms
and conditions. The Grantee shall reimburse ADHS within forty-five (45) days of the
determination of unacceptability.

Unit Costs/Rates or Fees. Unit costs/rates or fees shall be based on costs, which are determined by
ADHS to be reasonable, allowable and allocable.

5 of 17

TERMS AND CONDITIONS ARIZONA DEPARTMENT OF
HEALTH SERVICES
150 N. 18'" Avenue, Suite 530
REQUEST FOR GRANT APPLICATION Phnorli, Acbore SEbG?
RFGA NO. RFGA2020-01
AZ HEALTH ZONE (SNAP-Ed)

44 Applicable Taxes.

4.4.1 State and Local Transaction Privilege Taxes. The State of Arizona is subject to all applicable
state and local transaction privilege taxes. Transaction privilege taxes apply to the sale and
are the responsibility of the seller to remit. Failure to collect taxes from the buyer does not
relieve the seller from its obligation to remit taxes.

4.4.2 Tax Indemnification. The Grantee and all subgrantees shall pay all federal, state and local
taxes applicable to its operation and any persons employed by the Grantee. Grantee shall
require all subgrantees to hold the State harmless from any responsibility for taxes, damages
and interest, if applicable, contributions required under Federal, and/or state and local laws
and regulations and any other costs, including transaction privilege taxes, unemployment
compensation insurance, Social Security and Worker’s Compensation.

4.4.3 LR.S. W9 Form. In order to receive payment under any resulting Grant, the Grantee shall
have a current I.R.S. W9 Form on file with the State of Arizona.

4.5 Availability of Funds for the Next Fiscal Year. Funds may not be presently available for performance
under this Grant beyond the first year of the budget term or Grant term. The State may reduce payments
or terminate this Grant without further recourse, obligation or penalty in the event that insufficient funds
are appropriated in the subsequent budget term. The State shall not be liable for any purchases or
Subgrants entered into by the Grantee in anticipation of such funding. The Procurement Officer shall
have the discretion in determining the availability of funds.

46 Availability of Funds for the Current Grant Term. Should the State Legislature enter back into session

and decrease the appropriations through line item or general fund reductions, or for any other reason
these goods or services are not funded as determined by ADHS, the following actions may be taken by
ADHS:

4.6.1 Accept a decrease in price offered by the Grantee;

4.6.2 Reduce the number of goods or units of service and reduce the payments accordingly;

4.6.3 Offer reductions in funding as an alternative to Grant termination; or

4.6.4 Cancel the Grant.

5 CONTRACT CHANGES

5.1

5.2

5.3

Amendments, Purchase Orders and Change Orders. This Grant is issued under the authority of the
Procurement Officer who signed this Grant. The Grant may be modified only through a Grant
Amendment, Purchase Order and/or Change Order within the scope of the Grant, unless the change is
administrative or otherwise permitted by the Special Terms and Conditions. Changes to the Grant,
including the addition of work or materials, the revision of payment terms, or the substitution of work or
materials, directed by an unauthorized State employee or made unilaterally by the Grant are violations
of the Grant and of applicable law. Such changes, including unauthorized Grant Amendments, Purchase
Orders and/or Change Orders, shall be void and without effect, and the Grant shall not be entitled to any
claim under this Grant based on those changes.

Subgrants. The Grantee shall not enter into any subcontract under this Grant without the advance written
approval of the Procurement Officer. The subcontract shall incorporate by reference all material and
applicable terms and conditions of this Grant.

Assignments and Delegation. The Grantee shall not assign any right nor delegate any duty under this
Grant without the prior written approval of the Procurement Officer. The State shall not unreasonably

6 of 17

TERMS AND CONDITIONS ARIZONA DEPARTMENT OF
HEALTH SERVICES

150 N. 18" Avenue, Suite 530
REQUEST FOR GRANT APPLICATION Phoenix, ‘Ariconc BODE

RFGA NO. RFGA2020-01
AZ HEALTH ZONE (SNAP-Ed)

withhold approval.

6 RISK AND LIABILITY

6.1

6.2

6.3

Risk of Loss. The Grantee shall bear all loss of conforming material covered under this Grant until
received and accepted by authorized personnel at the location designated in the Purchase Order,
Change Order or Grant. Mere receipt does not constitute final acceptance. The risk of loss for
nonconforming materials shall remain with the Grantee regardless of receipt.

Force Majeure.

6.2.1

6.2.2

6.2.3

6.2.4

Liability and Definition. Except for payment of sums due, neither party shall be liable to the
other nor deemed in default under this Grant if and to the extent that such party’s performance
of this Grant is prevented by reason of force majeure. The term “force majeure” means an
occurrence that is beyond the control of the party affected and occurs without its fault or
negligence. Without limiting the foregoing, force majeure includes acts of God; acts of the
public enemy; acts of terrorism; war; riots; strikes; mobilization; labor disputes; civil disorders;
fire; flood; lockouts; injunctions-interventions not caused by or resulting from the act or failure
to act of the parties; failures or refusals to act by government authority not caused by or
resulting from the act or failure to act of the parties; and other similar occurrences beyond the
control of the party declaring force majeure, which such party is unable to prevent by exercising
reasonable diligence.

Exclusions. Force Majeure shall not include the following occurrences:

6.2.2.1 Late delivery of Materials caused by congestion at a manufacturer's plant or
elsewhere, or an oversold condition of the market;

6.2.2.2 _ Late performance by a subcontractor unless the delay arises out of a force majeure
occurrence in accordance with this force majeure term and condition; or

6.2.2.3 Inability of either the Grantee or any subgrantee to acquire or maintain any required
insurance, bonds, licenses or permits.

Notice. If either party is delayed at any time in the progress of the work by force majeure, the
delayed party shall notify the other party in writing of such delay, as soon as is practicable and
no later than the following working day of the commencement thereof, and shall specify the
causes of such delay in such notice. Such notice shall be delivered or mailed certified-return
receipt and shall make a specific reference to this article, thereby invoking its provisions. The
delayed party shall cause such delay to cease as soon as practicable and shall notify the other
party in writing when it has done so. The time of completion shall be extended by Grant
Amendment for a period of time equal to the time that the results or effects of such delay
prevent the delayed party from performing in accordance with this Grant.

Default. Any delay or failure in performance by either party hereto shall not constitute default
hereunder or give rise to any claim for damages or loss of anticipated profits if, and to the
extent that, such delay or failure is caused by force majeure.

Third Party Antitrust Violations. The Grantee assigns to the State any claim for overcharges resulting

from antitrust violations to the extent that those violations concern materials or services supplied by third
parties to the Grantee for or toward the fulfillment of this Grant.

7 of 17

TERMS AND CONDITIONS ARIZONA DEPARTMENT OF
HEALTH SERVICES
150 N. 18!" A\ , Suite 530
REQUEST FOR GRANT APPLICATION Phoenix, Azone 85007
RFGA NO. RFGA2020-01
AZ HEALTH ZONE (SNAP-Ed)

7 DESCRIPTION OF MATERIALS The following provisions shall apply to Materials only:

tA

12

7.3

7.4

7.5

Liens. The Grantee agrees that the Materials supplied under this Grant are free of liens. In the event the
Materials are not free of liens, Grantee shall pay to remove the lien and any associated damages or
replace the Materials with Materials free of liens.

Quality. Unless otherwise modified elsewhere in these terms and conditions, the Grantee agrees that,
for one (1) year after acceptance by the State of the Materials, they shall be:

7.2.1 Of a quality to pass without objection in the Grant description;
12:2 Fit for the intended purposes for which the Materials are used;

7.2.3 Within the variations permitted by the Grant and are of even kind, quantity, and quality within
each unit and among all units;

7.2.4 Adequately contained, packaged and marked as the Grant may require; and
7.2.5 Conform to the written promises or affirmations of fact made by the Grantee.

Inspection/Testing. Subparagraphs 7.1 through 7.2 of this paragraph are not affected by inspection or
testing of or payment for the Materials by the State.

Compliance with Applicable Laws. The Materials and services supplied under this Grant shall comply
with all applicable federal, state and local laws, and the Grantee shall maintain all applicable license and
permit requirements.

Survival of Rights and Obligations After Grant Expiration and Termination.

7.54 Grantee’s Representations. All representations and warranties made by the Grantee under
this Grant in paragraphs 7 and 8 shall survive the expiration or termination hereof. In addition,
the parties hereto acknowledge that pursuant to A.R.S. § 12.510, except as provided in A.R.S.
§ 12-529, the State is not subject to or barred by any limitations of actions prescribed in A.R.S.
Title 12, Chapter 5.

7.5.2 Purchase Orders and Change Orders. Unless otherwise directed in writing by the
Procurement Officer, the Grantee shall fully perform and shall be obligated to comply with all
Purchase Orders and Change Orders received by the Grantee prior to the expiration or
termination hereof, including, without limitation, all Purchase Orders and Change Orders
received prior to but not fully performed and satisfied at the expiration or termination of this
Grant.

8. STATE’S CONTRACTUAL REMEDIES

8.1.

8.2.

Right to Assurance. If the State, in good faith, has reason to believe that the Grantee does not intend to,
or is unable to, perform or continue performing under this Grant, the Procurement Officer may demand
in writing that the Grantee give a written assurance of intent to perform. Failure by the Grantee to provide
written assurance within the number of Days specified in the demand may, at the State’s option, be the
basis for terminating the Grant.

Stop Work Order.

8.2.1. Terms. The State may, at any time, by written order to the Grantee, require the Grantee to
stop all or any part of the work called for by this Grant for a period up to ninety (90) Days after
the order is delivered to the Grantee, and for any further period to which the parties may agree.

8 of 17

TERMS AND CONDITIONS ARIZONA DEPARTMENT OF
HEALTH SERVICES
150 N. 18% A\ , Suite 530
REQUEST FOR GRANT APPLIGATION | Phoenix, Arizona 68007
AZ HEALTH ZONE (SNAP-Ed)

8.3.

8.4.

The order shall be specifically identified as a stop work order issued under this clause. Upon
receipt of the order, the Grantee shall immediately comply with its terms and take all
reasonable steps to minimize the incurrence of costs allocable to the work covered by the
order during the period of work stoppage.

8.2.2. Cancellation or Expiration. lf a stop work order issued under this clause is canceled or the
period of the order or any extension expires, the Grantee shall resume work. The Procurement
Officer shall make an equitable adjustment in the delivery schedule or Grant price, or both,
and the Grant shall be amended in writing accordingly.

Non-exclusive Remedies. The rights and remedies of ADHS under this Grant are not exclusive, and
ADHS is entitled to all rights and remedies available to it, including those under the Arizona Uniform
Commercial Code and Arizona common law.

Right of Offset. The State shall be entitled to offset against any sums due the Grantee in any Grant with
the State or damages assessed by the State because of the Grantee’s non-conforming performance or
failure to perform this Grant. The right to offset may include, but is not limited to, a deduction from an
unpaid balance and a collection against the bid and/or performance bonds. Any offset taken for damages
assessed by the State shall represent a fair and reasonable amount for the actual damages and shall
not be a penalty for non-performance.

GRANT TERMINATION

9.15

9.2.

9.3.

9.4.

Cancellation for Conflict of Interest. Pursuant to A.R.S. § 38-511, the State may cancel this Grant within
three (3) years after Grant execution without penalty or further obligation if any person significantly
involved in initiating, negotiating, securing, drafting or creating the Grant t on behalf of the State is, or
becomes at any time while the Grant or an extension of the Grant is in effect, an employee of or a
consultant to any other party to this Grant with respect to the subject matter of the Grant. The cancellation
shall be effective when the Grantee receives written notice of the cancellation, unless the notice specifies
a later time. If the Grantee is a political subdivision of the State, it may also cancel this Grant as provided
in A.R.S. § 38-511.

Gratuities. The State may, by written notice, terminate this Grant, in whole or in part, if the State
determines that employment or a Gratuity was offered or made by the Grantee or a representative of the
Grantee to any officer or employee of the State for the purpose of influencing the outcome of the
procurement, securing the Grant or an Amendment to the Grant, or receiving favorable treatment
concerning the Grant, including the making of any determination or decision about Grant performance.
The State, in addition to any other rights or remedies, shall be entitled to recover exemplary damages in
the amount of three times the value of the Gratuity offered by the Grantee.

Suspension or Debarment. The State may, by written notice to the Grantee, immediately terminate this
Grant if the State determines that the Grantee or its subgrantee has been debarred, suspended or
otherwise lawfully prohibited from participating in any public procurement activity, including but not limited
to, being disapproved as a subsubgrantee of any public procurement unit or other governmental body.

Termination Without Cause.

9.4.1. Both the State and the Grantee may terminate this Grant at any time with thirty (30) days’
notice in writing specifying the termination date. Such notices shall be given by personal
delivery or by certified mail, return receipt requested.

9.4.2. If the Grantee terminates this Grant, any monies prepaid by the State, for which no service or
benefit was received by the State, shall be refunded to the State within five (5) days of the
termination notice. In addition, if the Grantee terminates the Grant, the Grantee shall indemnify
the State for any sanctions imposed by the funding source as a result of the Grantee’s failure

9 of 17

TERMS AND CONDITIONS ARIZONA DEPARTMENT OF
HEALTH SERVICES

150 N. 18" A\ , Suite 530
REQUEST FOR GRANT APPLICATION Phoenix, Arizona 85007

RFGA NO. RFGA2020-01
AZ HEALTH ZONE (SNAP-Ed)

10.

11.

9.5.

9.6.

9.7.

9.8.

to complete the Grant.

9.4.3. If the State terminates this Grant pursuant to this Section, the State shall pay the Grantee the
Grant price for all Services and Materials completed up to the date of termination. In a fixed
price Grant, the State shall pay the amount owed for the Services or Materials by multiplying
the unit of service or item cost by the number of unpaid service units or items. In a cost
reimbursement contract, the ADHS shall pay for any costs that the Grantee can document as
having been paid by the Grantee and approved by ADHS. In addition, the Grantee will be paid
its reasonable actual costs for work in progress as determined by GAAP up to the date of
termination. Upon such termination, the Grantee shall deliver to the ADHS all deliverables
completed. ADHS may require Grantee to negotiate the terms of any remaining deliverables
still due.

Mutual Termination. This Grant may be terminated by mutual written agreement of the parties specifying
the termination date and the terms for disposition of property and, as necessary, submission of required
deliverables and payment therein.

Termination for Default. The State reserves the right to terminate the Grant in whole or in part due to the
failure of the Grantee to comply with any material obligation, term or condition of the Grant, to acquire
and maintain all required insurance policies, bonds, licenses and permits, or to make satisfactory
progress in performing the Grant. In the event the ADHS terminates the Grant in whole or in part as
provided in this paragraph, the ADHS may procure, upon such terms and in such manner as deemed
appropriate, Services or Materials, similar to those terminated, and Grantee shall be liable to the ADHS
for any excess costs incurred by the ADHS in obtaining such similar Services or Materials.

Continuation of Performance Through Termination. Upon receipt of the notice of termination and until

the effective date of the notice of termination, the Grantee shall perform work consistent with the

.tequirements of the Grant and, if applicable, in accordance with a written transition plan approved by the

ADHS. If the Grantee terminated in part, the Grantee shall continue to perform the Grant to the extent
not terminated. After receiving the notice of termination, the Grantee shall immediately notify all
subgrantees, in writing, to stop work on the effective date of termination, and on the effective date of
termination, the Grantee and subcontractors shall stop all work.

Disposition of Property. Upon termination of this Grant t, all property of the State, as defined herein, shall
be delivered to the ADHS upon demand.

ARBITRATION

Pursuant to A.R.S. § 12-1518, disputes under this Grant t shall be resolved through the use of arbitration when
the case or lawsuit is subject to mandatory arbitration pursuant to rules adopted under A.R.S. § 12 -133.

COMMUNICATION

1415

11.2.

Program Report. When reports are required by the Grant, the Grantee shall provide them in the format
approved by ADHS.

Information and Coordination. The State will provide information to the Grantee pertaining to activities
that affect the Grantee’s delivery of services, and the Grantee shall be responsible for coordinating their
activities with the State’s in such a manner. as not to conflict or unnecessarily duplicate the State’s
activities. As the work of the Grantee progresses, advice and information on matters covered by the
Grant shall be made available by the Grantee to the State throughout the effective period of the Grant.

10 of 17

TERMS AND CONDITIONS ARIZONA DEPARTMENT OF
HEALTH SERVICES

150 N. 18" Avenue, Suite 530
REQUEST FOR GRANT APPLICATION Phoenix, Arizona 85007

RFGA NO. RFGA2020-01
AZ HEALTH ZONE (SNAP-Ed)

12.

13.

14.

15.

16.

CLIENT GRIEVANCES

If applicable, the Grantee and its subgrantees shall use a procedure through which clients may present
grievances about the operation of the program that result in the denial, suspension or reduction of services
provided pursuant to this Grant and which is acceptable to and approved by the State.

SOVEREIGN IMMUNITY

Pursuant to A.R.S. § 41-621(O), the obtaining of insurance by the State shall not be a waiver of any sovereign
immunity defense in the event of suit.

ADMINISTRATIVE CHANGES

The Procurement Officer, or authorized designee, reserves the right to correct any obvious clerical, typographical
or grammatical errors, as well as errors in party contact information (collectively, “Administrative Changes”), prior
to or after the final execution of a Grant or Grant Amendment. Administrative Changes subject to permissible
corrections include: misspellings, grammar errors, incorrect addresses, incorrect Grant Amendment numbers,
pagination and citation errors, mistakes in the labeling of the rate as either extended or unit, and calendar date
errors that are illogical due to typographical error. The Procurement Office shall subsequently send to the
Grantee notice of corrections to administrative errors in a written confirmation letter with a copy of the corrected
Administrative Change attached.

SURVIVAL OF TERMS AFTER TERMINATION OR CANCELLATION OF CONTRACT

All applicable Grant terms shall survive and apply after Grant termination or cancellation to the extent necessary
for Grantee to complete and for the ADHS to receive and accept any final deliverables that are due after the date
of the termination or cancellation.

HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY AT OF 1996 (HIPAA)

16.1. The Grantee warrants that it is familiar with the requirements of HIPAA, as amended by the Health
Information Technology for Economic and Clinical Health Act (HITECH Act) of 2009, and accompanying
regulations and will comply with all applicable HIPAA requirements in the course of this Grant. Grantee
warrants that it will cooperate with the Arizona Department of Health Services (ADHS) in the course of
performance of the Grant so that both ADHS and Grantee will be in compliance with HIPAA, including
cooperation and coordination with the Arizona Department of Administration-Arizona Strategic Enterprise
Technology (ADOA-ASET) Office, the ADOA-ASET Arizona State Chief Information Security Officer and
HIPAA Coordinator and other compliance officials required by HIPAA and its regulations. Grantee will
sign any documents that are reasonably necessary to keep ADHS and Grantee in compliance with
HIPAA, including, but not limited to, business associate agreements.

16.2. If requested by the ADHS Procurement Office, Grantee agrees to sign a “Pledge To Protect Confidential
Information” and to abide by the statements addressing the creation, use and disclosure of confidential
information, including information designated as protected health information and all other confidential
or sensitive information as defined in policy. In addition, if requested, Grantee agrees to attend or
participate in HIPAA training offered by ADHS or to provide written verification that the Grantee has
attended or participated in job related HIPAA training that is: (1) intended to make the Grantee proficient
in HIPAA for purposes of performing the services required and (2) presented by a HIPAA Privacy Officer
or other person or program knowledgeable and experienced in HIPAA and who has been approved by
the ADOA-ASET Arizona State Chief Information Security Officer and HIPAA Coordinator.

11 of 17

TERMS AND CONDITIONS ARIZONA DEPARTMENT OF
HEALTH SERVICES
150 N. 18° A , Suite 530
REQUEST FOR GRANT APPLICATION Phoenix, Arizonn 85007
RFGA NO. RFGA2020-01
AZ HEALTH ZONE (SNAP-Ed)

17.

18.

19.

20.

21.

DATA UNIVERSAL NUMBERING SYSTEM (DUNS) REQUIREMENT

For federal funding, pursuant to 2 CFR 25.100 et seq., no entity (defined as a Governmental organization, which
is a State, local government, or Indian tribe; foreign public entity; domestic or foreign nonprofit organization;
domestic or foreign for-profit organization; or Federal agency, but only as a subrecipient under an award or
subaward to a non-Federal entity) may receive a subaward from ADHS unless the entity provides its Data
Universal Numbering System (DUNS) Number to ADHS.

The Federal Funding Accountability and Transparency Act (FFATA or Transparency Act - P.L.109-282, as
amended by section 6202(a) of P.L. 110-252), found at httos://www.fsrs.gov/

If applicable, the Contractor/Grantee shall submit to ADHS via email the Grant Reporting Certification Form. This
form and the instructions can be downloaded from the ADHS Procurement website at
http://www.azdhs.gov/operations/financial-services/procurement/index.php#ffata and must be returned to the
ADHS by the 15" of the month following date the Grant Offer and Acceptance was executed by the ADHS
Procurement Officer (Attachment A). The form shall be completed electronically, and submitted using the steps
outlined in the Grant Reporting Certification Form Instructions to the following email address:
ADHS _Grant@azdhs.gov. All required fields must be filled including Top Employee Compensation, if applicable.
Completing the Grant Reporting Certification Form is required for compliance with the Office of Management and
Budget (OMB), found at http://www.whitehouse.gov/omb/open. Failure to timely submit the Grant Reporting
Certification Form could result in the loss of funds. This requirement applies to all subcontractors/sub-awardees
utilized by the Contractor/Grantee for amounts exceeding $30,000.00 during the term of the Award.

CONTRACTING; PROCUREMENT; INVESTMENT; PROHIBITIONS

19.1. A public entity may not enter into a contract with a company to acquire or dispose of services, supplies,
information technology or construction unless the contract includes a written certification that the
company is not currently engaged in, and agrees for the duration of the contract to not engage in, a
boycott of Israel.

19.2. A public entity may not adopt a procurement, investment or other policy that has the effect of inducing or
requiring a person or company to boycott Israel.

19.3. Grantee hereby certifies that it is not currently engaged in, and will not for the duration of this Grant
engage in, a boycott of Israel as defined by A.R.S. § 35-393.01. Violation of this certification by Grantee
may result in action by the State up to and including termination of this Grant.

TECHNOLOGY REPLACEMENT

In any event where product is discontinued, no longer available or technically inferior to newly developed product,
the Grantee shall provide an equivalent replacement model at no additional cost and shall honor the original
contract terms

AUTHORIZATION FOR PROVISION OF SERVICES

Authorization for purchase of services under this Grant shall be made only upon ADHS issuance of a Purchase
Order that is signed by an authorized agent. The Purchase Order will indicate the Grant number and the dollar
amount of the funds authorized. The Grantee shall only be authorized to perform services up to the amount of
the Purchase Order. ADHS shall not have any legal obligation to pay for services in excess of the amount
indicated on the Purchase Order. No further obligation for payment shall exist on behalf of ADHS unless 2) the
Purchase Order is changed or modified with an official ADHS Procurement Change Order, and/or an additional
Purchase Order is issued for purchase of services under this Grant.

12 of 17

TERMS AND CONDITIONS ARIZONA DEPARTMENT OF
HEALTH SERVICES

150 N. 18" A , Suite 530
REQUEST FOR GRANT APPLICATION Phoenix, Arizona 85007

RFGA NO. RFGA2020-01
AZ HEALTH ZONE (SNAP-Ed)

22.

23.

24,

25.

26.

27.

28.

KEY PERSONNEL.

It is essential the Grantee provide an adequate staff of experienced personnel, capable of and devoted to the
successful accomplishment of work performed under this Grant. The Grantee must assign specific individuals to
key positions of responsibility. If any of the assigned Key/Essential Personnel does not satisfactorily perform the
assigned duties, the Grantee shall withdraw such Key/Essential Personnel immediately upon ADHS’ notification
and shall replace the withdrawn Key/Essential Personnel with other Key/Essential Personnel at no additional cost
to ADHS.

INFORMATION DISCLOSURE

The Grantee shall establish and maintain procedures and controls that are acceptable to the State for the purpose
of assuring that no information contained in its records or obtained from the State or from others in carrying out
its functions under the Grant shall be used or disclosed by it, its agents, officers, or employees, except as required
to efficiently perform duties under the Grant. Persons requesting such information should be referred to the
State. The Grantee also agrees that any information pertaining to individual persons shall not be divulged other
than to employees or officers of Grantee as needed for the performance of duties under the Grant, unless
otherwise agreed to in writing by the State.

GRANT RESTRICTIONS

Grantees will provide a copy of all printed or broadcast media or any other educational materials developed using
funds awarded under this Grant to the ADHS Program Manager for approval. Media and/or printed educational
materials will adhere to the required wording as follows: “Funded in part by the Bureau of PROGRAM NAME as
made available through the Arizona Department of Health Services” or add ADHS logo.

ARIZONA SUBSTITUTE/IRS W-9 FORM.

In order to receive payment the Grantee shall have a current Arizona Substitute W-9 Form on file with the State
of Arizona, unless not required by law.

OFFSHORE PERFORMANCE OF WORK PROHIBITED.

Any services that are described in the specifications or scope of work that directly serve the State of Arizona or
its clients and involve access to secure or sensitive data or personal client data shall be performed within the
defined territories of the United States. Unless specifically stated otherwise in the specifications, this paragraph
does not apply to indirect or ‘overhead’ services, redundant back-up services or services that are incidental to
the performance of the Grant. This provision applies to work performed by subcontractors at all tiers.

PURCHASE ORDERS.

The Grantee shall, in accordance with all terms and conditions of the Grant, fully perform and shall be obligated

to comply with all Purchase Orders received by the Grantee prior to the expiration or termination hereof, unless

otherwise directed in writing by the ADHS Administrator, including, without limitation, all Purchase Orders

received prior to but not fully performed and satisfied at the expiration or termination of this Grant.

PANDEMIC CONTRACTUAL PERFORMANCE.

28.1. The State shall require a written plan that illustrates how the Grantee shall perform up to contractual
standards in the event of a pandemic. The State may require a copy of the plan at any time prior or post
award of a Grant. Ata minimum, the pandemic performance plan shall include:

28.1.1. Key succession and performance planning if there is a sudden significant decrease in

13 of 17

TERMS AND CONDITIONS ARIZONA DEPARTMENT OF
HEALTH SERVICES
150 N. 18! A\ , Suite 530
REQUEST FOR GRANT APPLICATION Phoonk None S007
AZ HEALTH ZONE (SNAP-Ed)

28.2.

Grantee’s workforce.
28.1.2. Alternative methods to ensure there are products in the supply chain.
28.1.3. | Anup to date list of company contacts and organizational chart.
In the event of a pandemic, as declared the Governor of Arizona, U.S. Government or the World Health
Organization, which makes performance of any term under this Grant impossible or impracticable, the
State shall have the following rights:
28.2.1. After the official declaration of a pandemic, the State may temporarily void the Grant(s) in
whole or specific sections, if the Grantee cannot perform to-the standards agreed upon in the

initial terms.

28.2.2. The State shall not incur any liability if a pandemic is declared and emergency procurements
are authorized by the Director as per A.R.S. 41-2537 of the Arizona Procurement Code.

28.2.3. | Once the pandemic is officially declared over and/or the Grantee can demonstrate the ability
to perform, the State, at is sole discretion, may reinstate the temporarily voided Grant(s).

28.2.4. The State, at any time, may request to see a copy of the written plan from the Grantee. The
Grantee shall produce the written plan within seventy-two (72) hours of the request

29. CIVIL RIGHTS ASSURANCE STATEMENT.

30.

31.

The Grantee and subgrantee are subject to Title VI of the Civil Rights Act of 1964, Section 504 of Rehabilitation
Act of 1973, Title Il of the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Title IX of
the Education Amendment of 1972, and offers all persons the opportunity to participate in programs or activities
regardless or race, color, national origin, age, sex, or disability. Further, it is agreed that no individual will be
turned away from or otherwise denied access to or benefit from any program or activity that is directly associated
with a program of the RECIPIENT on the basis of race, color, national origin, age, sex (in educational activities)
or disability.

AMERICANS WITH DISABILITIES ACT OF 1990.

30.1.

30.2.

The Grantee shall comply with the Americans With Disabilities Act of 1990 (Public Law 101-336) and
the Arizona Disability Act of 1992 (A.R.S § 41-1492 et. seq.), which prohibits discrimination of the basis
of physical or mental disabilities in delivering contract services or in the employment, or advancement
in employment of qualified individuals.

Persons with a disability may request a reasonable accommodation, such as a sign language interpreter,
by contracting the Contract Manager for the Grant. Request should be made as early as possible to
allow time to arrange the accommodation.

FEDERAL FUNDING.

31.1

31.2

Funding for these services is contingent upon the availability of federal government funding. No
commitment of any kind is made by the State concerning this Grant unless there are monies provided
by a federal grant. The Grantee should take this fact into consideration.

For the purposes of this Grant, a capital expenditure means expenditures to acquire capital assets, as
defined in 2 C.F.R. 200.12, or expenditures to make additions, improvements, modifications,

14 of 17

TERMS AND CONDITIONS ARIZONA DEPARTMENT OF
HEALTH SERVICES

150 N. 18'" Avenue, Suite 530
REQUEST FOR GRANT APPLICATION Phoenix, Atzona 35007

RFGA NO. RFGA2020-01
AZ HEALTH ZONE (SNAP-Ed)

31.3

31.4

31.5

31.6

31.7

31.8

31.9

31.10

31.11

31.12

replacements, rearrangements, reinstallations, renovations, or alterations to capital assets that
materially increase their value or useful life, with a cost of $250 or greater.

Grantee agrees to maintain property records for equipment purchased with grant funds and perform a
physical inventory and reconciliation with property records at least every year. Grantee agrees that
funds will not be used for the construction of new facilities.

Grantee agrees to follow equipment disposition policies as determined by the Federal Awarding Agency
at Award Completion or as depicted in the State of Arizona Accounting Manual. Grantee also agrees to
follow the directives in ADHS Property and Procedure Policy FIN 111.

Charges to Federal awards for salaries and wages must be based on records that accurately reflect the
work performed. These records must: Be supported by a system of internal control which provides
reasonable assurance that the charges are accurate, allowable, and properly allocated; Be incorporated
into the official records of the non-Federal entity; Reasonably reflect the total activity for which the
employee is compensated by the non-Federal entity, not exceeding 100% of compensated activities (for
IHE, this per the IHE's definition of IBS); Encompass both federally assisted and all other activities
compensated by the non-Federal entity on an integrated basis, but may include the use of subsidiary
records as defined in the non-Federal entity's written policy; Comply with the established accounting
policies and practices of the non-Federal entity (See paragraph above for treatment of incidental work
for IHEs) and Support the distribution of the employee's salary or wages among specific activities or
cost objectives if the employee works on more than one Federal award; a Federal award and non-
Federal award; an indirect cost activity and a direct cost activity; two or more indirect activities which
are allocated using different allocation bases; or an unallowable activity and a direct or indirect cost
activity. | Budget estimates (i.e., estimates determined before the services are performed) alone do
not qualify as support for charges to Federal awards, but may be used for interim accounting purposes
only.

Grantee understands that financial reports are required as an accounting of expenditures for either
reimbursement or ADHS-approved advance payments.

The final request for reimbursement of grant funds must be received by the ADHS no later than sixty
(60) days after the last day of the award period.

All goods and services must be received or have reasonable expectations thereof and placed in service
by Grantee by the expiration of this award.

Grantee agrees that all encumbered funds must be expended and that goods and services must be
paid by GRANTEE within sixty (60) days of the expiration of this award unless funding guidelines permit
funds to be used at a future date.

Grantee agrees to remit all unexpended grant funds to the ADHS within thirty (30) days of written request
from the ADHS.

Grantee agrees to account for interest earned on federal grant funds and shall manage interest income
in accordance with the Cash Management Improvement Act of 1990 and as indicated in the State of
Arizona Accounting Manual (SAAM) located at the following website.
https://gao.az.gov/publications/saam Interest earned in excess of allowable limits must be remitted to
the ADHS within thirty (30) days after receipt of a written request from the ADHS.

Grantee agrees not to use grant funds for food and/or beverage unless explicitly approved in writing by
the ADHS.

15 of 17

TERMS AND CONDITIONS ARIZONA DEPARTMENT OF
HEALTH SERVICES

150 N. 18!" A je, Suite 530
REQUEST FOR GRANT APPLICATION ene ee

RFGA NO. RFGA2020-01
AZ HEALTH ZONE (SNAP-Ed)

31.14

31.15

31.16

31.17

31.18

31.19

31.20

31.21

31.22

Grantee agrees to comply with all applicable laws, regulations, policies and guidance (including specific
cost limits, prior approvals and reporting requirements, where applicable) governing the use of grant
funds for expenses related to conferences, meetings, trainings, and other events, including the provision
of food and/or beverages at such events, and costs of attendance at such events unless explicitly
approved in writing by the ADHS.

No funds shall be used to supplant federal, state, county or local funds that would otherwise be made
available for such purposes. Supplanting means the deliberate reduction of state or local funds because
of the existence of any grant funds.

Grantee agrees that grant funds are not to be expended for any indirect costs that may be incurred by
Grantee for administering these funds unless explicitly approved in writing by the ADHS. This may
include, but is not limited to, costs for services such as accounting, payroll, data processing, purchasing,
personnel, and building use which may have been incurred by the Grantee.

Grantee will comply with the audit requirements of OMB Office of Management and Budget’s (OMB)
Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awardslland
provide the ADHS with the Single Audit Report and any findings within ninety (90) days of receipt of
such finding(s). If the report contains no findings, the Grantee must provide notification that the audit
was completed. All completed Single Audits should be uploaded in the format specified to the Federal
Audit Clearinghouse no later than nine months after the entities fiscal year-end at the attached Link:
https://harvester.census.gov/facweb/default.aspx/.

Grantee certifies that it will comply with OMB Circulars A-102 and 2 CFR, Part 215 Uniform
Administrative Requirements for Grants and Cooperative Agreements as codified in (1) 28 CFR, Part
66.32 or (2) 28 CFR, Part 70.34 and Cost Principles (1) 2 CFR, Part 225, (2) 2 CFR, Part 220 or (3) 2
CFR, Part 230, the OJP Financial Guide. OMB A-102 is obsolete, these references can likely be
removed in their entirety as they simply reference Uniform Administrative Requirements, Cost Principles
and Audit Requirements for Federal Awards located at 2 CFR 200.

Grantee understands and agrees that misuse of award funds may result in a range of penalties,
including suspension of current and future funds, suspension or debarment from federal grants,
recoupment of monies provided under an award, and civil and/or criminal penalties.

Grantee agrees not to do business with any individual, agency, company or corporation listed in the
Excluded Parties Listing Service. Link: System for Award Management

https:/www.sam.gov/portal/public/SAM/

Grantee agrees to ensure that, no later than the due date of the Grantee's first financial report after the
award is made, Grantee and any subgrantees have a valid DUNS profile and active registration with the
System for Award Management (SAM) database.

GRANTEE certifies that it presently has no financial interest and shall not acquire any financial interest,
direct or indirect, which would conflict in any manner or degree with the performance of services required
under this Agreement.

Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) Grantee must
comply with, and is subject to, all applicable provisions of 41 U.S.C. 4712, including all applicable
provisions that prohibit, under specified circumstances, discrimination against an employee as
reprisal for the employee's disclosure of information related to gross mismanagement of a federal
grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial
and specific danger to public health or safety, or a violation of law, rule, or regulation related to a
federal grant.

16 of 17