CITY OF TEMPE IGA CSBG SERVICES INITIATIVE.PDF
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City of Tempe Community Services Initiative
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INTERGOVERNMENTAL AGREEMENT
BETWEEN
MARICOPA COUNTY
ADMINISTERED BY ITS
HUMAN SERVICES DEPARTMENT
AND
THE CITY OF TEMPE
Agreement Number:
Agreement Amount: $62,500
Agreement Start Date: November 1, 2023
Agreement Termination Date: June 30, 2024
Unique Entity ID: F9Z4MMJKR1X1
1.0
PARTIES
This financial Intergovernmental Agreement (“Agreement”) is between the City of Tempe
(“City” or “Contractor”) and Maricopa County (“County”) administered by its Human Services
Department, (“Department”), The County and the Contractor collectively are referred to as
the “Parties” and individually as the “Party.”
2.0
PURPOSE
Through this Agreement the County seeks to support the City’s Expanded Food Security
Initiative (the “Initiative”) to expand access to food and nutrition in the Tempe area. Food
pantry services will be targeted to vulnerable households to increase nutritional skills,
improve economic security, and improve physical health and wellbeing. The County shall
provide the Contractor with Community Service Block Grant (CSBG) funds for Initiative
activities.
3.0
TERM OF AGREEMENT
3.1
The term of this Agreement is from November 1, 2023, through June 30, 2024.
3.2
This Agreement may be extended, with the condition the Contractor is in compliance
with the terms and conditions of this Agreement. Extensions shall be process as
identified in section 4.0 (Amendment).
3.3
This Agreement shall be effective upon approval and signature by both Parties.
4.0
AMENDMENTS
Any changes to this Agreement shall be effective only through a written amendment signed
by both Parties.
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5.0
ADMINISTRATIVE CHANGE ORDERS
5.1
The Chairman of the Board of Supervisors is authorized upon the recommendation
of the Human Services Department Director and Legal Counsel to make changes
within the general scope of the Agreement on behalf of the County through
Administrative Change Orders. Administrative Change Orders will be effective upon
approval and execution by both the Chairman of the Board of Supervisors and the
City. Administrative Change Orders may address any of the following areas:
5.1.1
Modifications to the project timeline if the last day of the project timeline is
within the Agreement term;
5.1.2
Modifications to budget line items if the Agreement 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 Contractor with $62,500 in CSBG Funds under Assistance
Listing Number (ALN) 93.569 provided to the County through an Intergovernmental
Agreement with Arizona Department of Economic Security (ADES). See attached Operating
Budget.
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 Contractor 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 Contractor
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 Parties to amend, suspend, or terminate its fiscal
obligation under or provided in connection with this Agreement, then the Parties may
amend, suspend, or terminate this Agreement. In the event of termination, the
Parties shall be liable for payment only for costs incurred prior to the effective date
of the termination, provided that such services were performed in accordance with
the provisions of this Agreement. Furthermore, upon termination Contractor 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 Parties 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
CONTRACTOR RESPONSIBILITIES
8.1
Food Pantry Services:
8.1.1 Identify a minimum of 200 households, determined as “high frequency”
users of food pantry services to receive the following services:
8.1.1.1
Continued access to emergency food boxes
8.1.1.2
Nutrition education
8.1.1.3
Community resource navigation
8.1.1.4
Assistance enrolling in public benefits
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8.1.1.5
Transportation assistance.
8.1.2 Achieve the following program outcomes:
8.1.2.1
180 households will increase nutrition skills
8.1.2.2
180 households will demonstrate improved economic security
8.1.2.3
160 households will demonstrate improved physical health and
wellbeing
8.1.3 Conduct follow-ups contact with clients at intervals of 3 months, 6 months,
and 9 months following receipt of program services, to assess for the
attainment of program outcomes and the need for referrals to other
program services.
8.1.4 Ensure that all services provided are culturally relevant and linguistically
appropriate to the population to be served.
8.2
Reporting Requirements
8.2.1
Contractor shall submit programmatic reports to MCHSD as listed below:
8.2.1.1
Results
Oriented
Management
and
Accountability
(ROMA/ROMA Next Gen) Report no later than the 10th business
day after the end of each quarter of the fiscal year, to include
the following information:
8.2.1.1.1
Unduplicated number of individuals and households
served
8.2.1.1.2
Unduplicated number of individuals and households
that attained program outcomes
8.2.2
The County reserves the right to add, remove, or revise reporting
requirements to meet program goals.
8.2.3
Failure to submit required reports in the designated timeframe listed may
result:
8.2.3.1
in a forfeiture of payment, if not submitted by the forty-fifth (45th)
calendar days following the end of a month.
8.2.3.2
in a forfeiture of final payment, if final program report is not
submitted within the designated time period, determined by
MCHSD following the Contract term.
8.3
Staff Requirements
8.3.1
The Contractor shall:
8.3.1.1
Maintain documentation indicating key staff have received
appropriate training or hold appropriate certification/licensure in
accordance with roles, responsibilities and job descriptions.
8.3.1.2
Ensure that staff and volunteers do not have any conflicts of
interest in the provision of services and management of
programs.
8.3.1.3
Provide staff and volunteers with supervision, equipment,
materials, and supplies necessary to perform contracted
services.
8.3.1.4
Ensure staff and/or volunteers do not provide direct services to
clients unless appropriate background checks and fingerprint
clearance have been completed with satisfactory results.
8.3.1.5
Maintain the Central Registry Background Check and Fingerprint
Clearance results and any related forms or documents in a
confidential file for five years after termination of the contract.
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Upon request, the Contractor shall make available valid
background check information to County.
8.3.1.6
Ensure procedures are in place if staff/volunteer background or
fingerprint clearance results are unsatisfactory.
8.4
Safeguarding Of Participant/ Client Information
8.4.1 Contractor shall observe and abide by all applicable State and federal
statutes, rules and regulations regarding the use or disclosure of information
including, but not limited to, information concerning applicants for and
recipients of contract services. To the extent permitted by law, the Contractor
shall release information to the County, Arizona Department of Economic
Security, and to the Attorney’s General’s Office as required by the terms of
this contract, by law or upon their request.
8.4.2
Contractor shall comply with the requirements of Arizona Address
Confidentiality Program, A.R.S. § 41-161 et. seq., the County will advise the
Contractor as to applicable policies and procedures adopted for compliance.
8.5
Child Support Services
Contractor shall have a process to ensure that custodial parents in single-parent
families must be informed of the availability of child support services, and eligible
parents must be referred to the child support offices of State and local
governments.
8.6
Grievance Procedures
Contractor shall establish a system through which applicants for, and recipients of,
services may present grievances and may take appeals about eligibility and other
aspects of the Contractor’s work under the Contract. The grievance procedure shall
include provisions for notifying the applicants for, and recipients of, services of their
eligibility or ineligibility for service and their right to appeal to the Department if the
grievance is not satisfied at the Contractor’s level.
9.0
COMPENSATION
9.1
Contractor shall adhere to the regulations issued in the federal Community Services
Block Grant Act, 42 U.S.C.§ 9901, 2 CFR 200, along with other federal, state, and
local rules and regulations.
9.2
Administrative expenses shall not exceed 10% of the total award or the Contractor’s
negotiated Federal Administrative Rate.
9.3
Funds shall not be used to purchase or improve land.
9.4
Funds shall not be used to purchase, construct, or permanently improve a building
or other facility.
9.5
The Agreement is on a cost reimbursement basis.
9.6
Contractor shall submit monthly invoices to the County for all costs related to this
Project:
9.6.1
By the 15th calendar day of the month after month close out.
9.6.2
For costs incurred for the fiscal year, no later than the 30th of July.
9.7
Final Reimbursement Upon Agreement Termination.
9.7.1
The Contractor shall submit the final reimbursement request no later than 30
calendar days after the termination date. except as noted immediately below:
9.7.2
If the termination date is between June 10 and June 30, then the final
reimbursement request shall be submitted by July 10th.
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9.8
If final reimbursement request not received within 45 days following the termination
date may result in forfeiture of payment.
10.0
METHOD OF PAYMENT
10.1
The
Contractor
shall
submit
invoices
for
project
activities
to
hsdfinance@maricopa.gov.
10.2
Payment by the County is not to be construed as final in the event that ADES
disallows payment for the activity or any portion thereof.
10.3
The County shall reimburse the Contractor on a net 0 payments standard.
11.0
DISALLOWED COSTS
11.1
The cost principles set forth in the Code of Federal Regulations (“C.F.R.”), 2 C.F.R.
Part 200 Subpart E including later amendments and editions on file with the Arizona
Secretary of State and incorporated here by reference, shall be used to determine
the allowability of incurred reimbursable costs under this Agreement. The Contractor
shall follow cost principles as outlined in Office of Management and Budget (OMB)
Uniform Guidance, 2 C.F.R. §§ 200, et seq.
11.2
Those costs that are specifically defined as unallowable in 2 C.F.R. Part 200,
Subpart E shall not be submitted for reimbursement by the Contractor and shall not
be reimbursed with County funds.
12.0
TERMINATION
12.1
Under A.R.S. § 38-511, the Parties may cancel this Agreement without penalty or
further obligation within three years (3) 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. 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.
12.2
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. 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
that such 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.
12.3
The County may suspend or terminate this Agreement if the Contractor violates any
term or condition of this Agreement or if the Contractor fails to maintain a good-faith
effort to carry out the purpose of this Agreement.
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13.0
NOTICES
Notifications and communications concerning this Agreement shall be directed to the
following:
Contractor:
City of Tempe
Irma Hollamby Cain, Deputy Community
Health & Human Services Director
(480) 858-2264
Irma_HollambyCain@tempe.gov
P.O. Box 5002
Tempe, AZ 85280
Maricopa County
Human Services Department
Cathy
Chiang,
Assistant
Director
Community Services Division
(602) 506-4206
Cathy.Chiang@maricopa.gov
234 N. Central Avenue 3rd Floor
Phoenix, AZ 85004
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 Contractor agrees that no individual performing under this Agreement on behalf
of the Contractor shall be considered a County agent, employee, or representative
and those individuals are not entitled to 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. The Contractor 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.
14.3
The County agrees that no individual performing under this Agreement on behalf of
County may be considered a Contractor agent, employee, or representative and that
no rights of Contractor civil service, Contractor retirement, or Contractor personnel
rules shall accrue or apply to any such individual. 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 Contractor with respect to the foregoing.
15.0
GENERAL REQUIREMENTS
15.1
The terms of this Agreement shall be construed in accordance with Arizona law and
the applicable laws and regulations of CSBG. Any lawsuit arising out of this
Agreement shall be brought in the superior court of Maricopa County, Arizona.
15.2
The Contractor 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
The Contractor shall comply with the regulations prohibiting a conflict of interest. The
Contractor shall not make any payments, either directly or indirectly, to any person,
partnership, corporation, trust, or other organization that has a substantial interest in
Contractor's organization or with which the Contractor (or any of its directors,
officers, owners, trust certificate holders, or a relative thereof) has a substantial
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interest, unless the Contractor has made full written disclosure of the proposed
payments to the County and has received written approval for the payments.
15.4
For purposes of this provision, the terms "substantial interest" and "relative" shall
have the meanings prescribed by A.R.S. § 38-502.
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 other Party. The Contractor 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 Contractor 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 Contractor will make determinations classifying recipients
of federal funds as a Contractor.
16.3
The Contractor shall ensure compliance by any subcontractor with all CSBG
requirements, including reporting requirements.
17.0
DISPUTES
17.1
Except as otherwise provided for in this Agreement, the Parties may attempt to
informally resolve any dispute arising out of this Agreement for a reasonable period
of time, but which shall not exceed ninety (90) calendar days. Disputes which are
not resolved in that time period, shall be submitted in accordance with the following
formal dispute resolution process.
17.2
Notice of the specific grounds of a formal dispute shall be in writing and filed with the
County Representative listed in the Notices paragraph, within ten (10) business days
from the date the Contractor knew or should have known of the basis of the dispute.
17.3
The County Representative shall respond in writing to the Contractor 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 Contractor is
served with the decision, the Contractor files a written notice of appeal with the
Human Services Department Director.
17.4
The Department Director shall provide the Contractor with a written response within
fourteen (14) business days following receipt of the notice of appeal. The decision
of the Director shall be final and not appealable.
17.5
Pending a final decision of the Director, the Contractor shall diligently proceed with
its performance of this Agreement in accordance with the County Representative’s
decision.
17.6
In the event the Contractor disagrees with the Director’s decision, the Contractor
shall have every existing and future right or remedy available by law or in equity to
resolve the dispute.
18.0
SEVERABILITY
In any provision of this Agreement is determined to be invalid, void, or illegal by a court, that
determination 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 that is not in strict compliance with
the terms of this Agreement shall not be deemed to waive the requirements of strict
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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 Contractor is in receipt of federal 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 Contractor 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 the twelve (12) months following the close of
the fiscal year. The Contractor 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 it is determined by the County that the Contractor is not in compliance with the
audit requirements.
21.0
AUDIT DISALLOWANCES
21.1
The Contractor 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 that a cost for which payment has been made is a
disallowed cost, then the County will notify the Contractor 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 Contractor by the
amount of the disallowance or to require immediate repayment of the disallowed
amount by the Contractor issuing a check payable to the County.
22.0
PROPERTY
22.1
Any County property furnished or leased pursuant to the terms of this Agreement
shall be utilized, maintained, repaired, and accounted for in accordance with the
instructions furnished by the County, and title to all such property shall revert to the
County upon the expiration or termination of this Agreement. The costs to repair
such property is the responsibility of the Contractor within the limits budgeted in this
Agreement.
22.2
Any Contractor property furnished or purchased pursuant to the terms of the
Agreement shall be utilized, maintained, repaired, and accounted for by the
Contractor or Contractor’s Contractor, as applicable. Repair costs of such property
shall be the responsibility of the Contractor or Contractor’s Contractor, as applicable.
23.0
LIMITATION ON LIABILITY
23.1
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 Contractor 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 Contractor 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.
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23.2
The Contractor 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 Contractor 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.
24.0
GENERAL INDEMNIFICATION
Each Party (as “Indemnitor”) agrees to indemnify, defend, and hold harmless the other
Party and its officers, officials, employees, and agents (collectively, “Indemnitees”) 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 that such Claims are caused
by the act, omission, negligence, misconduct, or other fault of the Indemnitor and any
and all of its agents, representatives, officials, officers, directors, employees, volunteers,
departments, agencies, boards, committees, and commissions. The obligations under
this Section 26 shall survive termination of this Agreement.
25.0
INSURANCE
The Contractor shall provide the County a Certificate of Self-Insurance equal to:
General Aggregate
$3,000,000
Each Occurrence Limit
$1,000,000
26.0
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 that are described in
the specifications or scope of work that directly serve the State of Arizona or its clients and
may involve access to secure or sensitive data or personal client data or development or
modification of software for the State shall be performed within the borders of the United
States. Unless specifically stated otherwise in the specifications, this definition does not
apply to indirect or “overhead” services, redundant back-up services, or services that are
incidental to the performance of the Agreement. This provision applies to all work
performed by Contractors or Subcontractors at all tiers.
27.0
TECHNICAL ASSISTANCE
The County will provide reasonable technical assistance to the Contractor 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
Contractor of full responsibility and accountability for its actions and performance in
compliance with the terms of this Agreement.
28.0
STAFF AND VOLUNTEER TRAINING
The County may make available to the Contractor the opportunity to participate in any
applicable training activities conducted by the County.
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29.0
CLEAN AIR ACT
If the total face value of this Agreement exceeds $100,000, the Parties agree 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.
30.0
LOBBYING
30.1
No federal appropriated funds have been paid or will be paid by or on behalf of the
Contractor 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.
30.2
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 Contractor shall complete and submit OMB Form-
LLL, titled "Disclosure of Lobbying Activities," in accordance with its instructions and
31 U.S.C. § 1352.
31.0
RELIGIOUS ACTIVITIES
The Contractor warrants that none of its costs and none of the costs incurred by the
Contractor or any of its subcontractors or Contractors will include any expense for related
to any religious activities.
32.0
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.
33.0
COVENANT AGAINST CONTINGENT FEES
The Contractor warrants that 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 warranty, the
County may immediately terminate this Agreement without liability.
34.0
RIGHTS IN DATA
The Parties shall each have the use of 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 to the other Party, upon request, any available
information that is relevant to this Agreement and to the performance under it, except to the
extent prohibited by law.
35.0
COPYRIGHTS
If this Agreement results in a book or other written material, the author is free to copyright
the work, but the Parties reserve a royalty-free, nonexclusive, perpetual and irrevocable
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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.
36.0
AGREEMENT COMPLIANCE MONITORING/AUDITING
36.1
The County will monitor the Contractor’s compliance as needed for programmatic
performance under the terms and conditions of this Agreement and applicable
regulations promulgated by CSBG and Maricopa County. On-site visits for
compliance monitoring may be made by the County and/or its grantor agencies at
any time during the Contractor’s normal business hours, announced and/or
unannounced. For auditing purposes, the County shall provide the Contractor with
30-days’ advance notice of any proposed on-site visit. During an on-site visit(s), the
Contractor shall reasonably make all of its records and accounts related to work
performed or services provided under this Agreement available to the County for
inspection and copying.
37.0
CONTINGENCY RELATING TO OTHER AGREEMENTS AND GRANTS
37.1
The Contractor shall, during the term of this Agreement, within fifteen (15) business
days from acceptance, 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 Contractor’s failure to notify the County of
any such agreement shall be a breach of this Agreement and the County may
immediately terminate this Agreement without liability.
37.2
The Director may request, and Contractor shall provide within a reasonable time,
which shall not exceed ten (10) business days, a copy of all such other agreements
or grants, when, in the opinion of the Director, the award of the agreement or grant
may affect the costs being paid or reimbursed under this Agreement, except to the
extent prohibited by law.
37.3
If the Director determines that the award to the Contractor from such other
agreements or grants has affected the costs being paid or reimbursed under this
Agreement, then the Director shall prepare an amendment to this Agreement
effecting a cost adjustment. If the Contractor disputes the proposed cost adjustment,
then the dispute shall be resolved pursuant to the "Disputes" paragraph of this
Agreement.
38.0
MINIMUM WAGE REQUIREMENTS
The Contractor warrants that it shall pay all of 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 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.
39.0
RECOGNITION OF COUNTY SUPPORT
The Contractor shall give recognition to the County and the funding source for its support
when the Contractor publishes materials or releases public information that is paid for in
whole or in part with funds received by the Contractor under this Agreement.
40.0
NONDISCRIMINATION, EQUAL OPPORTUNITY AND EQUAL ACCESS
The Contractor, 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,
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sex, national origin, age, disability, political affiliation or belief. The Contractor shall include
this clause in all its Subcontracts.
41.0
DISABILITY REQUIREMENTS
The Contractor agrees that any electronic or information technology offered under this
Agreement shall comply with A.R.S. §§41-2531 and -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.
42.0
EQUAL EMPLOYMENT OPPORTUNITY
42.1
The Contractor 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.
42.2
The Contractor shall take affirmative action to ensure that applicants are employed
and that 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.
42.3
The Contractor shall and shall cause their respective Subcontractors to comply with:
42.3.1 Title VI and VII of the Civil Rights Act of 1964, as amended (42 U.S.C. §§
2000a, et seq.);
42.3.2 the Rehabilitation Act of 1973, as amended (29 U.S.C. §§ 701, et seq.);
42.3.3 the Age Discrimination in Employment Act of 1967, as amended (29 U.S.C.
§§ 621, et seq.);
42.3.4 the Americans With Disabilities Act of 1990 (42 U.S.C. §§ 12101, et seq.);
and
42.3.5 Arizona Executive Order 2009-09, et seq. as amended, which mandates that
all persons shall have equal access to employment opportunities.
43.0
UNIFORM ADMINISTRATIVE REQUIREMENTS
By entering into this Agreement, the Parties agree 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.
44.0
FINANCIAL MANAGEMENT
The Contractor 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 Contractor. 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.
45.0
RETENTION OF RECORDS
45.1
This provision applies to all financial and programmatic records, supporting
document, statistical records, and other records of the Contractor that are related to
this Agreement.
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45.2
The Contractor 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.
46.0
ADEQUACY OF RECORDS
If the Contractor’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 Contractor shall
reimburse the County for the services not supported and/or documented.
47.0
IMMIGRATION LAWS AND REGULATIONS
47.1
Federal Immigration and Nationality Act
47.1.1 The Contractor understands and acknowledges the applicability of the
Immigration Reform and Control Act of 1986 (“IRCA”). The Contractor
agrees to comply with the IRCA in performing under this Agreement and to
permit the other Party to reasonably inspect personnel records to verify such
compliance, to the extent required by law.
47.1.2 By entering into this Agreement, the Contractor warrant 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
Contractor
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 Contractor and their subcontractors shall
also maintain Employment Eligibility Verification forms (“I-9”) as required
by the U.S. Department of Labor’s Immigration and Control Act for all
employees performing work under the Agreement. I-9 forms are available
for download at USCIS.GOV.
47.1.3 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 Contractor or any of its subcontractors are not in
compliance, then the County may pursue any and 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
Contractor. All costs necessary to verify compliance are the responsibility
of the Contractor or its Subcontractor.
47.2
Arizona Law: The Contractor warrants that it is in compliance with A.R.S. § 41-4401
(e-verify requirements) and further acknowledges that:
47.2.1 The Contractor and their respective Vendors, if any, warrant their compliance
with all federal immigration laws and regulations that relate to their
employees and their compliance with A.R.S. § 23-214;
47.2.2 A breach of a warranty under this Subparagraph 47.2.2 shall be deemed a
material breach of this Agreement and the County may immediately
terminate this Agreement without liability; and
47.2.3 The County and any contracting government entity retain the legal right to
inspect the papers and employment records of the Contractor or their
Vendor’s employees who works on this Agreement to ensure that such Party
or Vendor is complying with the warranty provided under this Subparagraph
47.2.3 and that the Parties agree to make all papers and employment
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records of those employees available during normal working hours in order
to facilitate such an inspection.
48.0
DRUG FREE WORKPLACE ACT
The Contractor shall comply with the Drug-Free Workplace Act of 1988 (41 U.S.C. §§ 701,
et seq.), which requires that Contractors and grantees of federal funds must certify that they
will provide Drug-Free workplaces. This certification is a precondition to receiving a grant or
entering into this Agreement.
49.0
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND
VOLUNTARY EXCLUSION
49.1
The undersigned, by signing this Agreement, represents that he/she has the
authority to bind the Contractor to the terms of this Certification. The Contractor, 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:
49.1.1 Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any federal
department or agency;
49.1.2 Have not within a 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
49.1.3 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 49.1.2 above; and
49.1.4 Have not, within a three-year period preceding the Start Date of this
Agreement, had one or more public transactions (federal, state, or local)
terminated for cause or default.
49.2
The Contractor agrees to include, without modification, this clause in all lower tier
covered transactions (i.e., transactions with Subcontractors) and in all solicitations
for lower tier covered transactions related to this Agreement.
50.0
CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO
INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS:
50.1
The Contractor agrees that 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;
50.2
The Contractor shall inform its employees in writing, in the predominant language
of the workforce, of employee whistleblower rights and protections under 41 U.S.C.
§ 4712, as described in Section 3.908 of the Federal Acquisition Regulation.
Documentation of such employee notification must be kept on file by the Contractor
and copies provided to County upon request; and
50.3
The Contractor shall insert the substance of this clause, including this Paragraph
50.0, in all subcontracts over the agreed upon simplified acquisition threshold
($250,000 as of June 2021).
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51.0
WRITTEN CERTIFICATION PURSUANT TO A.R.S. § 35-393.01
If the Contractor engages in for-profit activity and has 10 or more employees, and if this
Agreement has a value of $100,000 or more, then the Contractor 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.
52.0
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.
53.0
DEFAULT AND REMEDIES FOR NONCOMPLIANCE
53.1
Notwithstanding anything to the contrary, this Section shall not be deleted or
superseded by any other provision of this Agreement.
53.2
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.
53.3
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:
53.3.1 Non-performance of any obligations required by this Agreement.
53.3.2 Noncompliance with any applicable federal, state, or local laws, rules, or
regulations.
53.3.3 Unauthorized expenditure of funds.
53.3.4 Noncompliance with applicable financial record requirements, accounting
principles, or standards established by OMB circulars and 2 C.F.R. §§ 200
et seq.
53.3.5 Noncompliance with recordkeeping, record retention, or reporting
requirements.
53.4
Notwithstanding the suspension or termination of this Agreement, or the final
determination of the proper disposition of funds, the Contractors, without intent to
limit or with restrictions, be subject to the following:
53.4.1 Acknowledge that suspension or termination of this Agreement does not
affect or terminate any rights against the Contractor 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 this
Agreement.
53.4.2 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.
53.5
The Contractor 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/or all of its agents,
representatives, officers, officials, directors, employees, volunteers, successors,
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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.
54.0
ADMINISTRATIVE REQUIREMENTS
54.1
Accounting Standards – The Contractor 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 Contractor
further agrees to maintain an adequate accounting system that provides for
appropriate grant accounting (including calculation of program income).
54.2
Repayment of Funds – The Contractor 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.
54.3
Documentation and Record Keeping - The Contractor agrees to comply with this
Agreement and the following record keeping requirements:
54.3.1 Records to be maintained – The Contractor shall maintain all financial
records as required by 2 C.F.R. § 200, and OMB Circulars;
54.3.2 System for Award Management -The Contractor and all subcontractors or
Contractors 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.
54.3.3 Records Retention - The Contractor 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.
54.3.4 Disclosure - The Contractor 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 Contractor's responsibilities with respect to services
provided under this Agreement, is prohibited unless written consent is
obtained from such person receiving service.
54.3.5 Property Records - The Contractor 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.
55.0
UYGHUR FORCED LABOR PREVENTION ACT (UFLPA)
55.1
The Contractor warrants and certifies that it does not currently, and agrees for the
duration of the agreement that it will not, use:
55.1.1 the forced labor of ethnic Uyghurs in the People's Republic of China.
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55.1.2 any goods or services produced by the forced labor of ethnic Uyghurs in
the People's Republic of China.
55.1.3 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.
55.2
If the Contractor becomes aware during the term of the Agreement that the
Contractor is not in compliance with this paragraph, the Contractor shall notify the
County within five business days after becoming aware of the noncompliance.
Failure of the Contractor to provide a written certification that the Contractor has
remedied the noncompliance within one hundred eighty (180) days after notifying
the County of its noncompliance, this Agreement shall terminate unless the Term
of this Agreement shall end prior to said one hundred eighty (180) day period.
56.0
FORCE MAJEURE
56.1
Neither Party shall be liable for failure of performance, nor incur any liability to the
other Party on account of any loss or damage resulting from any delay or failure to
perform all or any part of this Agreement if such delay or failure is caused by
events, occurrences, or causes beyond the reasonable control and without
negligence of the Parties. Such events, occurrences, or causes will include Acts
of God/Nature (including fire, flood, earthquake, storm, hurricane, or other natural
disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared
or not), civil war, riots, rebellion, revolution, insurrection, military or usurped power
or confiscation, terrorist activities, nationalization, government sanction, lockout,
blockage, embargo, labor dispute, strike, pandemic, and interruption or failure of
electricity or telecommunication service.
56.2
Each Party, as applicable, shall give the other Party notice of its inability to perform
and particulars in reasonable detail of the cause of the inability. Each party must
use best efforts to remedy the situation and remove, as soon as practicable, the
cause of its inability to perform or comply.
56.3
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 that other prudent precautions
could be contemplated.
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IN WITNESS, the Parties have approved and signed this Agreement:
APPROVED BY:
THE CITY OF TEMPE
APPROVED BY:
MARICOPA COUNTY
___________________________________
City Manager Date
____________________________________
Clink Hickman Date
Chairman of the Board of Supervisors
Attested to:
City Clerk Date
Attested to:
Juanita Garza, Clerk of the Board 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 TEMPE UNDER
THE LAWS OF THE STATE OF ARIZONA.
APPROVED AS TO FORM:
City Attorney 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:
Kim Miles, Deputy County Attorney Date
City of Tempe Community Services Initiative
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City of Tempe Operating Budget - CSBG Service Initiative
Contract Period
November 1st, 2023, through June 30th, 2024
Funding
County Funds
$62,500
Cash Match Contributions
$16,985
$79,485
Budget Category
Direct Cost
Administration Cost
Total Cost
Personnel
$45,172
$0
$45,172
ERE
$9,034
$0
$9,034
P & O Services
$5,000
$0
$5,000
Materials & Supplies
$16,779
$0
$16,979
Operating Services
$3,500
$0
$3,500
Total Expenses
$79,485
$0
$79,485