Intergovernmental Agreement No. C-22-062-X-00_Updated
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INTERGOVERNMENTAL AGREEMENT
FOR SERVICES BETWEEN
MARICOPA COUNTY
ADMINISTERED BY ITS
HUMAN SERVICES DEPARTMENT
AND
THE CITY OF CHANDLER
Agreement Amount: $131 150,000
Agreement Start Date: December 61 2021.
Agreement Termination Date: June 30, 2024
Agreement Number: C-22-22-062-X-OO
CFDA Number: 21.023 Emergency Rental Assistance Program
DUNS # Maricopa County: 050391270
DUNS# City of Chandler: 077524981
1.0
PARTIES
This financial Intergovernmental Agreement ("Agreement") is between Maricopa County
("Subrecipient" or "County") administered by its Human Services Department
("Department") and City of Chandler (City), and pertains to rental assistance for COVID
impacted residents located in the City of Chandler and its unincorporated areas. The City
and the Subrecipient collectively are referred to as the "Parties" and individually as the
"Party."
2.0
PURPOSE
The City shall provide Subrecipient with U.S. Department of Treasury Emergency Rental
Assistance (1.0 and 2.0) funds for the provision of ERA 1.0 and ERA 2.0 activities.
3.0
TERM OF AGREEMENT
3.1
The term of this Agreement is from December 6, 2021, through June 30, 2024.
3.2
This Agreement may be extended for two (2) one-year terms, provided the
Subrecipient is in compliance with the terms and conditions of this Agreement and
the extension is contained in an Amendment as provided in Section 4.0 below.
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 in a written amendment signed by
both Parties.
5.0
ADMINISTRATIVE CHANGE ORDERS
5.1
The Chandler City Council is authorized upon recommendation of the City and Legal
Counsel to make changes within the general scope of the Agreement on behalf of
the City through Administrative Change Orders. Administrative Change Orders shall
be approved and fully executed by the Subrecipient's County Board of Supervisors
Chairman 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;
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5.1.3
Modifications required by federal, state, or City regulations, ordinances, or
policies; and
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
6.1
The City shall provide the Subrecipient with $6,850,000 in Catalog of Federal
Domestic Assistance (CFDA) 21.023, Emergency Rental Assistance 1.0 (ERA 1.0)
funds provided to the City through the U.S. Department of Treasury.
6.2
The City shall provide the Subrecipient with $6,300,000 in Catalog of Federal
Domestic Assistance (CFDA) 21.023, American Rescue Plan Act Emergency
Rental Assistance 2.0 (ERA 2.0) funds provided to the City through the U.S.
Department of Treasury.
6.3
Funding expenditures are:
6.3.1
A minimum of $6,300,000 ERA 1.0 funds to be spent to provide rental and
utility assistance to eligible residents; and
6.3.2
A maximum amount of $550,000 ERA 1.0 funds to be spent for
administrative costs through June 30, 2022; and
6.3.3
A minimum of $6,300,000 ERA 2.0 funds to be spent to provide rental and
utility assistance to eligible residents.
7.0
AVAILABILITY OF FUNDS
7.1
funds assigned for the purpose of compensating the Subrecipient are available to
the City for disbursement. The City shall be the sole authority in determining the
availability of funds under this Agreement, and the City shall keep the Subrecipient
fully informed as to the availability of funds.
7.2
If any action is taken by any federal, state, local agency, or any other agency or
instrumentality other than the 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 services rendered prior to the effective
date of the termination, provided that such services were performed in accordance
with the provisions of this Agreement. The Parties shall give written notice of their
intent to suspend performance or intent to terminate this Agreement under this
section at least ten (10) calendar days in advance.
8.0
RESPONSIBILITIES OF ORGANIZATIONS
8.1
The City Shall:
8.1.1
Review invoices submitted by the Subrecipient and reimburse the
Subrecipient for rental and utility assistace to eligible households.
8.1.2
Report to the U.S. Department of Treasury on th
funds.
8.1.3
Share client information with the Subrecipient as it deems necessary or at
the request of the Subrecipient in order for the Subrecipient to fulfill its
responsibilities. Client information may include but is not limited to client
name, contact information, and income.
8.2
The Subrecipient shall:
C-22-22-062-X-00
8.2.1
Provide rental and utility assistance to qualifying households located in the
City of Chandler and its unincorporated areas. Services are to assist with
stabilization of the households' immediate basic needs:
8.2.1.1
Provide rental and utility financial assistance services to income
eligible households who are unable to meet their basic housing
needs with their own income or resources and are experiencing
an economic hardship as a result of the COVID-19 pandemic.
8.2.1.1.1
Utility assistance is limited to gas, electric, water,
trash, and sewer.
8.2.1.2
The Subrecipient shall track rental assistance expenditures and
utility assistance expenditures separately.
8.2.2
Determine Eligibility:
8.2.2.1
Eligible applicants must demonstrate a reduction or loss of
income or increased expenses due to COVID and provide a
documented COVID impact occurring not before April 1, 2020.
8.2.2.2
Utilizing the Area Median Income (80%) to determine eligibility
for assistance.
8.2.2.3
Eligible applicants must have an existing lease agreement.
8.2.2.4
Eligible applicants must have rent owed, which is verified by
either the landlord or property management company in writing.
8.2.2.5
In accordance with U.S. Department of Treasury, the
Suprecipient shall take client attestations or utilize proxies for any
and all eligibility requirements.
8.2.2.6
The Subrecipient shall determine eligibility in accordance with
ERA 1.0 and 2.0 guidance and regulations established by the
U.S. Department of Treasury.
8.2.3
Process applications for financial assistance to include:
8.2.3.1
Any applications prior to the period of the agreement term that
was received by the City and or its delegated agent.
8.2.3.2
Allow payments for up to 15 months of rent owed for months not
before April 1, 2020 for ERA 1.0; and
8.2.3.3
Allow payments for up to 18 months of rent owed for months not
before April 1, 2020 for ERA 2.0;
8.2.3.4
Rental assistance may include utility payments when utilities are
included in rent.
8.2.3.5
Rental assistance may include any fees that are on the account.
8.2.3.6
The Subrecipient shall prioritize and process applications in
accordance with ERA guidance and regulations established by
the U.S. Department of Treasury.
8.2.4
Process rental assistance payments:
8.2.4.1
For approved households receiving rental assistance payments,
the Subrecipient or its designee shall process checks payable
and/or electronic funds transfers (EFT) in accordance with
applicable ERA guidance and regulations established by the U.S.
Department of Treasury.
8.2.4.2
Rental assistance may include fees owed on the account.
8.2.5 Service Requirements:
8.2.5.1
The Subrecipient shall adhere to the following service
requirements:
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8.2.5.1.1
Determine eligibility for households applying for ERA
1.0 and ERA 2.0 services;
8.2.5.1.2
Utilize a case management database to record
services provided to households; and
8.2.5.1.3
Maintain files and confidential information on each
household, whether paper-based or electronic, in a
secure manner.
8.2.6
Program Standards/Guides:
8.2.6.1
The Subrecipient shall:
8.2.6.1.1
Be
responsible
for
the
development
and
implementation of ERA 1.0 and ERA 2.0 program
standards,
guides,
processes,
policies,
and
procedures in its entirety, which will be in alignment
with the law and regulations for these federal
programs.
8.2.6.1.2
Reimburse the City for authorized payments that do
not meet the service requirements
under this
Agreement and ERA 1.0 and ERA 2.0 service
requirements, program standards, or program
guidelines.
8.2.7
Procedures for Rent Financial Services:
8.2.7.1
The Subrecipient shall employ procedures for intake and
processing ERA 1.0 and ERA 2.0 that are responsive to the
needs of households in crisis.
8.2.7.2
The Subrecipient shall obtain all hard copy or electronic
documents needed to verify household eligibility for assistance
and document such eligibility.
8.2.8
Grievance Procedure:
The Subrecipient shall establish a system through which households may
file complaints or grievances regarding any work completed under this
Agreement or may appeal an eligibility decision made by the Subrecipient.
8.2.9
Reporting.
8.2.9.1
The Subrecipient shall submit monthly reports identifying all
required information for the ERA 1.0 and ERA 2.0 Monthly
Reports including total number of participating households and
the total amount of ERA 1.0 and ERA 2.0 funds expended.
8.2.9.2
Monthly reports shall be due no later than 10 days after the end
of the reporting month.
8.2.9.3
The Subrecipient shall submit Quarterly Reports which shall
include all data components and measures for Reporting
Modules A through G described in Emergency Rental Assistance
Program: Reporting Guidance version 1 (dated June 30,2021).
8.2.9.4
Quarterly Reports will be due no later than 25 days after the end
of the reporting quarter.
8.2.9.5
The Subrecipient shall ensure the report information included in
the submitted Monthly and Quarterly Reports pursuant to this
Agreement meets the standards set by the U.S. Treasury for
ERA Quarterly Reporting.
C-22-22-062-X-00
8.2.1 0 Compliance
The Subrecipient shall be responsible for compliance with federal, state, and
City requirements as they relate to the federal American Rescue Plan Act
Emergency Rental Assistance funding requirements.
9.0
COMPENSATION
9.1
The City shall provide financial assistance in an amount not to exceed the amount
listed on page 1 of this Agreement and subject ot the terms of this Agreement and
availability of funds.
9.2
Subject to the availability and authorization for funds for the explicit purposes set
fOrth in this Agreement, the City shall pay the Subrecipient compensation for
services rendered as indicated in the following subsections.
9.3
The Subrecipient shall be reimbursed utilizing Catalog of Federal Domestic
Assistance (CFDA) Number 27.023
9.4
The City shall reimburse the Subrecipient on a net 0 payments standard.
10.0
METHOD OF PAYMENT
10.1
The Subrecipient agrees to submit monthly reimbursement requests to the City
unless monthly expenditures fo the activity do not exceed One Thousand Dollars
($1,000.00). The City agrees to reimburse the Subrecipient for actual allowable
costs inclurred, following submittal by the Subrecipient of an itemized statement of
actual allowable expenditures incurred, supported by back-up documentation such
as invoices and copies of checks showing payment of invoices.
10.1.1 In the event, the City is not able to fully fund reimbursement requests made
under ERA 1.0, the City shall reimburse the County with ERA 2.0 and
indicate it as such.
10.2
The Subrecipient shall submit to the City a Request for Reimbursement of all
expenditures within the same fiscal year in which the expenditures are incurred. The
fiscal year runs July 1st through June 30th and all Requests for Reimbursement shall
be submitted no later than July 30th for the preceding fiscal year.
10.3
The Subrecipient shall submit invoices for Services and for costs incurred to
riann.balch@chandleraz.gov.
10.4
Reimbursement by the City is not to be construed as final in the event that the
Department of Treasury disallows reimbursement for the activity or any portion
thereof. Funds not expended in implementing this activity or upon completion of the
activity shall be returned to the ARPA unprogrammed funds account. Request for
reimbursement must be made using the Request for Reimbursement form provided
by the City.
11.0
DISALLOWED COSTS
11.1
The cost principles set forth in the Code of Federal Regulations, 48 C.F.R., Chapter
1, Subchapter E, Part 31 including later amendments and editions on file with the
Arizona Secretary of State and incorporated by this reference, shall be used to
determine the allowability of incurred costs for the purpose of reimbursing costs
under Agreement provisions that provide for the reimbursement of costs. Those
costs that are specifically defined as unallowable in 48 C.F.R., Chapter 1,
Subchapter E, Part 31 therein will not be submitted for reimbursement by the
Subrecipient and may not be reimbursed with City funds.
11.2
The Subrecipient shall follow cost principles as outlined in Office of Management
and Budget (0MB) Uniform Guidance, 2 C.F.R. §§ 200, et seq.
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12.0
FINAL REIMBURSEMENT UPON CONTRACT TERMINATION
12.1
Prior to termination of this Agreement, at the date identified on page 1 of this
Agreement, or as may be amended, the Subrecipient shall submit the final
reimbursement request.
12.1.1 This request shall be submitted no later than 30 calendar days after the
termination date except as noted immediately below.
12.1.2 If the termination date is between June 10 and June 30, then the final
reimbursement request shall be submitted by July 10th.
12.1.3 The final progress report, and any other required reports that may be
applicable, such as the program income report, shall be submitted with the
final reimbursement request.
13.0
TERMINATION
13.1
Under A.R.S. § 38-511, either party may cancel this Agreement without penalty or
further obligation within three years after execution of this Agreement, if any person
significantly involved in initiating, negotiating, securing, drafting or creating this
Agreement on behalf of the City or County 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, the City 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 City from any 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.
13.2
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 the City
under the Availability of Funds provision). The 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 on page 1 of this Agreement.
13.3
The City has the right to terminate this Agreement upon twenty-four (24) hour notice
when the City deems the health or welfare of the service recipients are endangered
participation. If not terminated by one of the above methods, then this Agreement
will terminate upon the expiration of the Term of this Agreement stated on page 1 of
this Agreement.
13.4
In accordance with 2 C.F.R. §§ 200, et seq., the City may suspend or terminate this
Agreement if the Subrecipient violates any term or condition of this Agreement or if
the Subrecipient fails to maintain a good-faith effort to carry out the purpose of this
Agreement.
13.5
The Parties may terminate this Agreement for convenience in accordance with 2
C.F.R. § 200. The Parties shall agree upon the termination conditions including the
effective date of the termination. The Party initiating the termination shall notify the
other Parties in writing stating the reasons for such termination.
14.0
NOTICES
Notifications and communications concerning this Agreement shall be directed to the
following:
City of Chandler:
Joshua Wright, City Manager
(480) 782-2000
Joshua.wright@chandleraz.gov
175 S. Arizona Ave.
Chandler, AZ 85225
16.0
EMPLOYMENT DISCLAIMER
C-22-22-062-X-00
Subrecipient:
Jacqueline Edwards, Director
(602) 506-4812
Jacqueline.Edwards@maricopa.gov
234 N. Central Avenue 3rd Floor
Phoenix, AZ 85004
15.1
This Agreement is not intended to constitute, create, give rise to, or otherwise
recognize a joint venture agreement, 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.
15.2
The Subrecipient agrees that no individual performing under this Agreement on
behalf of the Subrecipient may be considered a City agent, employee, or
representative and that no rights of City civil service, City retirement, or City
personnel rules shall accrue or apply to any such individual. The Subrecipient shall
have total responsibility for all salaries, wages, bonuses, retirement, withholdings,
workers' compensation, occupational disease compensation, unemployment
compensation, other employee benefits, and all taxes and premiums appurtenant
thereto concerning such individuals shall indemnify, defend and hold harmless the
City with respect to the foregoing.
15.3
The City agrees that no individual performing under this Agreement on behalf of City
may be considered a Subrecipient agent, employee, or representative and that no
rights of Subrecipient civil service, Subrecipient retirement, or Subrecipient
personnel rules shall accrue or apply to any such individual. The City 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 City shall indemnify, defend and hold harmless
the Subrecipient with respect to the foregoing.
16.0
SAFEGUARDING OF PARTICIPANT INFORMATION
The use or disclosure by Subrecipient of any information concerning an applicant for, or
recipient of, service under this Agreement is directly limited to the conduct of this Agreement.
The Subrecipient and any and all of its agents, representatives, officials, officers, directors,
employees, volunteers, departments, agencies, boards, committees, and commissions shall
safeguard the confidentiality of this information, just as they would safeguard their own
confidential information.
17.0
GENERAL REQUIREMENTS
17.1
The terms of this Agreement shall be construed in accordance with Arizona law and
the applicable laws and regulations of the American Rescue Plan Act. Any lawsuit
arising out of this Agreement shall be brought in the appropriate court in Maricopa
County, Arizona.
17 .2
The Subrecipient shall, without limitation, obtain and maintain all licenses, permits
and authority necessary to do business, render services and perform work under
this Agreement, and shall comply with all laws regarding unemployment insurance,
disability insurance and worker's compensation.
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17.3
The Subrecipient is an independent contractor in the performance of work and the
provision of services under this Agreement and is not to be considered an officer,
employee, or agent of the City.
17.4
The Subrecipient shall comply with the regulations prohibiting a conflict of interest.
The Subrecipient shall not make any payments, either directly or indirectly, to any
person, partnership, corporation, trust, or other organization that has a substantial
interest in Subrecipient's organization or with which the Subrecipient (or any of its
directors, officers, owners, trust certificate holders, or a relative thereof) has a
substantial interest, unless the Subrecipient has made full written disclosure of the
proposed payments to the City and has received written approval for the payments.
17.5
For purposes of this provision, the terms "substantial interest" and "relative" shall
have the meanings prescribed by A.R.S. § 38-502.
18.0
ACCEPTANCE OF FUNDS
Subrecipient hereby accepts the award of funds under the terms of this Agreement and
agrees to execute and return this Agreement to the City within thirty (30) days after receipt,
unless Subrecipient receives a written waiver of this requirement by the City.
19.0
ASSIGNMENT AND SUBCONTRACTING
19.1
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 City. The Subrecipient shall bear all liability under this Agreement, even if it is
assigned, delegated, or subcontracted, in whole or in part, unless the City agrees
otherwise.
19.2
a pass-through entity for the purpose of carrying out a portion of the federal award
and General Funds. The Subrecipient will make determinations classifying recipients
of federal funds as a Subrecipient.
20.0
DISPUTES
20.1
Except as may otherwise be 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, which shall not exceed one hundred twenty (120) calendar days.
Disputes which are not resolved in that time period, shall be submitted in accordance
with the following formal dispute resolution process.
20.2
If a dispute cannot be resolved informally, then the Subrecipient shall notify the
City in writing by mailing notice of the dispute to the Deputy City Manager within
ten (10) business days from expiration of the informal dispute resolution process
described in Subparagraph 19.1 above.
20.3
The Deputy City Manager shall respond in writing to the Subrecipient within fourteen
(14) business days. The decision of the Deputy City Manager shall be final and
conclusive unless, within seven (7) business days after the date the Subrecipient is
served with the decision, the Subrecipient files a written notice of appeal with the
City Manger.
20.4
The City Manager shall provide the Subrecipient with a written response within
fourteen (14) business days following receipt of the notice of appeal. The decision
of the City Manager shall be final and not appealable.
20.5
Pending a final decision of the City Manager, the Subrecipient shall diligently
proceed with its performance of this Agreement in accordance with the Deputy City
Manager
.
C-22-22-062-X-00
21.0
SEVERABILITY
Any provision of this Agreement that is determined to be invalid, void, or illegal by a court
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.
22.0
STRICT COMPLIANCE
The City's acceptance of the Subrecipient's performance that is not in strict compliance with
the terms of this Agreement shall not be deemed to waive the requirements of strict
compliance far all future performance. All changes in performance obligations under this
Agreement shall be in writing and signed by both Parties.
23.0
SINGLE AUDIT ACT REQUIREMENTS
The Subrecipient is in receipt of federal funds through the City and is subject to the federal
audit requirements of the Single Audit Act of 1984, as amended (Pub. L. No. 98-502)
(codified at 31 U.S.C. § 7501, et seq.). The Subrecipient shall comply with 2 C.F.R. 200,
Subpart F. Upon completion, such audits shall be made available far public inspection.
Audits shall be submitted to the City within the twelve (12) months following the close of the
fiscal year. The Subrecipient shall take corrective actions within six (6) months of the date
of receipt of audit findings. The City shall consider sanctions as described in 2 C.F.R. §
200.505 if it is determined by HUD or the City that the Subrecipient is not in -compliance
with the audit requirements.
24.0
AUDIT DISALLOWANCES
24.1
The Subrecipient shall, upon written notice, reimburse the City for any payments
made under this Agreement that are disallowed by a federal, state, or City audit in
the amount of the disallowance. Court costs and attorney and expert fees incurred
will be specifically identified as applicable to the recovery of the disallowed costs in
question.
24.2
If the City determines that a cost for which payment has been made is a disallowed
cost, then the City will notify the Subrecipient in writing of the disallowance and the
required course of action, which shall be at the option of the City, either to adjust any
future claim submitted by the Subrecipient by the amount of the disallowance or to
require immediate repayment of the disallowed amount by the Subrecipient issuing
a check payable to the City.
25.0
PROPERTY
25.1
Any City property furnished or purchased pursuant to the terms of this Agreement
shall be utilized, maintained, repaired, and accounted for in accordance with
instructions furnished by the City, and title to all such property shall revert to the City
upon the expiration or termination of this Agreement. The costs to repair such
property are the responsibility of the Subrecipient within the limits budgeted in this
Agreement.
25.2
Any Subrecipient property furnished or purchased pursuant to the terms of the
Agreement shall be utilized, maintained, repaired, and accounted far by the
Subrecipient. Repair costs of such property shall be the responsibility of the
Subrecipient.
26.0
LIMITATION ON LIABILITY
26.1
The City and its agents, representatives, officials, officers, directors, employees,
volunteers, departments, agencies, boards, committees, and commissions shall
not be liable for any act or omission by the Subrecipient or any and all of its agents,
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representatives, officials, officers, directors, employees, volunteers, departments,
agencies, boards, committees, or commissions occurring in the performance of
this Agreement, nor shall the City and its agents, representatives, officials, officers,
directors, employees, volunteers, departments, agencies, boards, committees,
and commissions be liable for purchases or contracts made by the Subrecipient or
any and all of its agents, representatives, officials, officers, directors, employees,
volunteers, departments, agencies, boards, committees, or commissions in
connection with this Agreement.
26.2
The Subrecipient and its agents, representatives, officials, officers, directors,
employees, volunteers, departments, agencies, boards, committees, and
commissions shall not be liable for any act or omission by the City or any and all
of its agents, representatives, officials, officers, directors, employees, volunteers,
departments, agencies, boards, committees, or commissions occurring in the
performance of this Agreement, nor shall the Subrecipient and its agents,
representatives, officials, officers, directors, employees, volunteers, departments,
agencies, boards, committees, and commissions be liable for purchases or
contracts made by the City or any and all of its agents, representatives, officials,
officers, directors, employees, volunteers, departments, agencies, boards,
committees, or commissions in connection with this Agreement.
27.0
GENERAL INDEMNIFICATION
harmless the other
expenses (including reasonable attorney and expert fees) (collectively referred to as
reement, 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.
28.0
INSURANCE
Each Party is a public entity. For such reason, insurance policy requirements shall not apply.
Instead, each Party shall provide the other Party a Certificate of Self-Insurance equal to:
General Aggregate
$3,000,000
Each Occurrence Limit
$1,000,000
29.0
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
-up services, or services that are
incidental to the performance of the Agreement. The provision applies to work performed
by Subrecipients or Subcontractors at all tiers.
30.0
TECHNICAL ASSISTANCE
The City will provide reasonable technical assistance to the Subrecipient to assist in
complying with state and federal laws, and regulations, and accountability for diligent
performance and compliance with the terms and conditions of this Agreement and all
C-22-22-062-X-00
applicable laws, regulations, and standards. However, this assistance in no way relieves the
Subrecipient of full responsibility and accountability for its actions and performance in
compliance with the terms of this Agreement.
31.0
STAFF AND VOLUNTEER TRAINING
The City may make available to the Subrecipient the opportunity to participate in any
applicable training activities conducted by the City.
32.0
CLEAN AIR ACT
If the total face value of this Agreement exceeds $100,000, the Subrecipient agrees to
comply with all regulations, standards and orders issued pursuant to the Clean Air Act of
1970, as amended (42 U.S.C. §§ 7401, et seq.), to the extent any are applicable by reason
of performance of this Agreement.
33.0
LOBBYING
33.1
No federal appropriated funds have been paid or will be paid by or on behalf of the
Subrecipient to any person for influencing or attempting to influence an officer or
employee of any agency, a member of Congress, an officer or employee of
Congress, or an employee of a member of Congress in connection with the awarding
of any federal agreement, the making of any federal grant, the making of any federal
loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any federal agreement, grant,
loan, or cooperative agreement.
33.2
If any funds, other than federal appropriated funds, have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, an officer or employee of Congress, or an employee
of a member of Congress in connection with any federal agreement, grant, loan or
cooperative agreement, then the Subrecipient shall complete and submit 0MB
Form-LLL, titled "Disclosure of Lobbying Activities," in accordance with its
instructions and 31 U.S.C. § 1352.
34.0
RELIGIOUS ACTIVITIES
The Subrecipient warrants that none of its costs and none of the costs incurred by the
Subrecipient or any of its Subcontractors will include any expense for any religious activities.
35.0
POLITICAL ACTIVITY PROHIBITED
None of the funds, materials, property, or services contributed by the City or the Subrecipient
or any Subcontractor under this Agreement shall be used for any partisan political activity,
or to further the election or defeat of any candidate for public office.
36.0
COVENANT AGAINST CONTINGENT FEES
The Subrecipient 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 City
may immediately terminate this Agreement without liability.
37.0
RIGHTS IN DATA
The City shall have the use of data and reports resulting from this Agreement without cost
or other restriction, except as otheiwise 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.
City of Chandler and Maricopa County ERA
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City of Chandler and Maricopa County ERA
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38.0
COPYRIGHTS
If this Agreement results in a book or other written material, the author is free to copyright
the work, but the City reserves a royalty-free, nonexclusive, perpetual and irrevocable
license to reproduce, publish, and otherwise use and to authorize others to use, all
copyrighted material and all material that may be copyrighted as a result of this Agreement.
39.0
AGREEMENT COMPLIANCE MONITORING/AUDITING
39.1
The City will annually monitor the Subrecipient's compliance for fiscal and
programmatic performance under the terms and conditions of this Agreement. On-
site visits for compliance monitoring may be made by the City or its grantor agencies
(or by both the City and its grantor agencies) at any time during the Subrecipient's
normal business hours, announced and/or unannounced. For auditing purposes, the
City shall provide the Subrecipient with 30-day
advance notice of any proposed
on-site visit. During an on-site visit(s), the Subrecipient shall make all of its records
and accounts related to work performed or services provided under this Agreement
available to the City for inspection and copying.
39.2
The City shall request information for fiscal monitoring/audit per Office of
Management and Budget (OMB) Uniform Guidance 2 C.F.R. § 200, to include:
39.2.1 Financial Management 2 C.F.R. § 200.302
39.2.2 Internal Controls 2 C.F.R. § 200.303
39.2.3
Bonds 2 C.F.R. § 200.304
39.2.4 Payment and Financial Reporting 2 C.F.R. § 200.305
39.2.5 Cost Sharing or Matching 2 C.F.R. § 200.306
39.2.6 Program Income 2 C.F.R. § 200.307
39.2.7 Revision of Budget and Program Plans 2 C.F.R. § 200.308
39.2.8 Period of Performance 2 C.F.R. § 200.309
39.2.9 Insurance Coverage 2 C.F.R. § 200.310
39.2.10
Record Retention and Access 2 C.F.R. §§ 200.334
200.338
39.2.11
Procurement Standards 2 C.F.R. § 200.318
39.2.12
Indirect Costs 2 C.F.R. § 200.414
39.2.13
Compensation-Personal Services 2 C.F.R. § 200.430
39.2.14
Audit Requirements 2 C.F.R. §§ 200.501-200.517
40.0
CONTINGENCY RELATING TO OTHER AGREEMENTS AND GRANTS
40.1
The Subrecipient shall, during the term of this Agreement, within 15 business days
from acceptance, inform the Community Development and Resources Manager in
writing of the award of any other agreement or grant, including any other agreement
or grant awarded by the City, where the award may affect either the direct or indirect
notify the City of any such agreement shall be a breach of this Agreement and the
City may immediately terminate this Agreement without liability.
40.2
The Community Development and Resources Manager may request, and
Subrecipient 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 Community Development and Resources Manager, the award of the
agreement or grant may affect the costs being paid or reimbursed under this
Agreement.
40.3
If the Community Development and Resources Manager determines that the award
to the Subrecipient of such other agreements or grants has affected the costs being
paid or reimbursed under this Agreement, then the City Manager shall prepare an
amendment to this Agreement effecting a cost adjustment. If the Subrecipient
C-22-22-062-X-00
disputes the proposed cost adjustment, then the dispute shall be resolved pursuant
to the "Disputes" paragraph of this Agreement.
41.0
MINIMUM WAGE REQUIREMENTS
The Subrecipient 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.
42.0
RECOGNITION OF CITY SUPPORT
The Subrecipient shall give recognition to the City and the funding source for its support
when the Subrecipient publishes materials or releases public information that is paid for in
whole or in part with funds received by the Subrecipient under this Agreement.
43.0
NONDISCRIMINATION, EQUAL OPPORTUNITY AND EQUAL ACCESS
The Subrecipient, in connection with any services or other activities under this Agreement,
shall not in any way discriminate against any person on the grounds of race, color, religion,
sex, national origin, age, disability, political affiliation or belief. The Subrecipient shall include
this clause in all its Subcontracts.
44.0
DISABILITY REQUIREMENTS
The Subrecipient agrees that any electronic or information technology offered under this
Agreement shall comply with A.RS. §§18-131 and 18-132 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.
45.0
EQUAL EMPLOYMENT OPPORTUNITY
45.1
The Subrecipient shall not discriminate against any employee or applicant for
employment because of race, age, disability, color, religion, sex, sexual identity,
gender identity, or national origin.
45.2
The Subrecipient 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.
45.3
The Subrecipient shall and shall cause its Subcontractors to comply with:
45.3.1 Title VI and VII of the Civil Rights Act of 1964, as amended (42 U.S.C. §§
2000a, et seq.);
45.3.2 the Rehabilitation Act of 1973, as amended (29 U.S.C. §§ 701, et seq.);
45.3.3 the Age Discrimination in Employment Act of 1967, as amended (29 U.S.C.
§§ 621, et seq.);
45.3.4 the Americans With Disabilities Act of 1990 (42 U.S.C. §§ 12101, et seq.);
and
45.3.5 Arizona Executive Order 2009-09, as amended, et seq. which mandates that
all persons shall have equal access to employment opportunities.
City of Chandler and Maricopa County ERA
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City of Chandler and Maricopa County ERA
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46.0
UNIFORM ADMINISTRATIVE REQUIREMENTS
By entering into this Agreement, the Subrecipient agrees to comply with all applicable
provisions of Title 2, Subtitle A, Chapter II, Part 200
UNIFORM ADMINISTRATIVE
REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL
AWARDS contained in Title 2 C.F.R. §§ 200, et seq.
47.0
FINANCIAL MANAGEMENT
The Subrecipient shall establish and maintain a separate, interest-bearing bank account for
money provided under this Agreement, or shall establish an accounting system that assures
the safeguarding and accountability of all money and assets provided under this Agreement.
No part of the money deposited in the bank account shall be commingled with other funds
or money belonging to the Subrecipient. All interest earned on the account shall be
disbursed in a manner specified by the City in accordance with applicable State of Arizona
and federal regulations. The Subrecipient shall provide a signed bank account agreement
authorizing the City to obtain information about the account. If an accounting system is used,
then it shall be in accordance with generally accepted accounting principles.
48.0
RETENTION OF RECORDS
48.1
This provision applies to all financial and programmatic records, supporting
document, statistical records, and other records of the Subrecipient that are related
to this Agreement.
48.2
The Subrecipient shall retain all records relevant to this Agreement for six (6) years
after final payment or until after the resolution of any audit questions which could be
more than six (6) years, whichever is longer, and the City, federal and state auditors
and any other persons duly authorized by the City shall have full access to, and the
right to examine, copy, and make use of any and all of the records.
49.0
ADEQUACY OF RECORDS
sufficient to support and document that allowable services were provided to eligible
participants, then the Subrecipient shall reimburse the City for the services not supported
and documented.
50.0
IMMIGRATION LAWS AND REGULATIONS
50.1
Federal Immigration and Nationality Act
50.1.1 The Subrecipient understands and acknowledges the applicability of the
Immigration Reform and Control Act of 1986 (IRCA). The Subrecipient
agrees to comply with the IRCA in performing under this Agreement and to
permit the City to inspect personnel records to verify such compliance.
50.1.2 By entering into this Agreement, the Subrecipient 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 Subrecipient shall obtain statements from their
subcontractors certifying compliance and shall furnish the statements to
the City upon request. These warranties shall remain in effect through the
term of the Agreement. The Subrecipient and their subcontractors shall
also maintain Employment Eligibility Verification forms (I-9) as required by
employees performing work under the Agreement. I-9 forms are available
for download at USCIS.GOV.
C-22-22-062-X-00
50.1.3 The Subrecipient may request verification of compliance for any employee
or Subcontractor performing work under the Agreement. Should the City
suspect or find that the Subrecipient or any of its Subcontractors are not in
compliance, then the City 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
Subrecipient. All costs necessary to verify compliance are the responsibility
of the Subrecipient or its Subcontractor.
50.2
Arizona Law: The Subrecipient warrants that it is in compliance with A.RS. § 41-
4401 (e-verify requirements) and further acknowledges that:
50.2.1 That then Subrecipient and its Vendors, if any, warrant their compliance with
all federal immigration laws and regulations that relate to their employees
and their compliance with A.RS.§ 23-214;
50.2.2 A breach of a warranty under this Subparagraph 49.2 shall be deemed a
material breach of this Agreement and the City may immediately terminate
this Agreement without liability; and
50.2.3 The City and any contracting government entity retain the legal right to
inspect the papers and employment records of any Subrecipient or Vendor
employees who works on this Agreement to ensure that the Subrecipient or
Vendor is complying with the warranty provided under this Subparagraph
49.2.3 and that the Subrecipient agrees to make all papers and employment
records of those employees available during normal working hours in order
to facilitate such an inspection.
51.0
DRUG FREE WORKPLACE ACT
The Subrecipient shall comply with the Drug-Free Workplace Act of 1988 (41 U.S.C. §§ 701,
et seq.), which requires that Subrecipients and grantees of federal funds must certify that
they will provide drug-free workplaces. This certification is a precondition to receiving a grant
or entering into this Agreement.
52.0
CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY AND
VOLUNTARY EXCLUSION
52.1
The undersigned, by signing this Agreement, represents that he/she has the
authority to bind the Subrecipient to the terms of this Certification. The Subrecipient,
as the primary participant in accordance with 2 C.F.R Part 180, certifies to the best
of its knowledge and belief that it and its principals:
52.1.1 Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any federal
department or agency;
52.1.2 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 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;
52.1.3 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 52.1.2 above; and
City of Chandler and Maricopa County ERA
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City of Chandler and Maricopa County ERA
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52.1.4 Have not, within a three-year period preceding this Start Date of this
Agreement, had one or more public transactions (federal, state, or local)
terminated for cause or default.
52.2
The Subrecipient 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.
53.0
SUBRECIPIENT EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO
INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS:
53.1
The Subrecipient agrees that this Agreement and employees working on this
Agreement will be subject to the whistleblower rights and remedies in the pilot
program on the Subrecipient employee whistleblower protections established at
41 U.S.C. § 4712 by Section 828 of the National Defense Authorization Act for
Fiscal Year 2013 (Pub. L. 112 239) and Section 3.908 of the Federal Acquisition
Regulation;
53.2
The Subrecipient shall inform its employees in writing, in the predominant
language of the workforce, of employee whistleblower rights and protections under
41 U.S.C. § 4712, as described in Section 3.908 of the Federal Acquisition
Regulation. Documentation of such employee notification must be kept on file by
the Subrecipient and copies provided to City upon request; and
53.3
The Subrecipient shall insert the substance of this clause, including this Paragraph
50.0, in all subcontracts over the simplified acquisition threshold ($250,000 as of
June 2021).
54.0
WRITTEN CERTIFICATION PURSUANT TO A.R.S. § 35-393.01
If the Subrecipient 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 Subrecipient certifies it is not
currently engaged in, and agrees for the duration of this Agreement not to engage in, a
boycott of goods and services from Israel. This certification does not apply to a boycott
prohibited by 50 U.S.C. § 4842 or a regulation issued pursuant to 50 U.S.C. § 4842.
55.0
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.
56.0
DEFAULT AND REMEDIES FOR NONCOMPLIANCE
56.1
Notwithstanding anything to the contrary, this Section shall not be deleted or
superseded by any other provision of this Agreement.
56.2
This Agreement may be immediately terminated by the City if the Subrecipient
defaults by failing to perform any objective or breaches any obligation under this
perform any of its obligations under this Agreement.
56.3
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, has not been paid),
the reimbursement of funds improperly expended, or the recovery of funds
improperly acquired. Noncompliance includes, but is not limited to:
56.3.1 Non-performance of any obligations required by this Agreement.
C-22-22-062-X-00
56.3.2 Noncompliance with any applicable federal, state, or local laws, rules, or
regulations.
56.3.3 Unauthorized expenditure of funds.
56.3.4 Noncompliance with applicable financial record requirements, accounting
principles, or standards established by 0MB circulars and 2 C.F.R. §§ 200
et seq.
56.3.5 Noncompliance with recordkeeping, record retention, or reporting
requirements.
56.4
Notwithstanding the suspension or termination of this Agreement, or the final
determination of the proper disposition of funds, the Subrecipient shall, without
intent to limit or with restrictions, be subject to the following:
56.4.1 Acknowledge that suspension or termination of this Agreement does not
affect or terminate any rights against the Subrecipient at the time of
suspension or termination, or that may accrue later. Nothing herein shall
be construed to limit or terminate any right or remedy available under
Agreement or rule.
56.4.2 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.
56.5
The Subrecipient shall, upon notice or with knowledge obtained by itself or others,
take any and all proactive actions necessary, and provide any and all applicable
remedies to address and correct any act by itself, and any and all of its agents,
representatives, officers, officials, directors, employees, volunteers, successors,
assigns, or Subcontractors that resulted in any wrongdoing (intentional or
unintentional); misuse or misappropriation of funds; the incorrect or improper
disposition of funds; any violation of any federal, state, or local law, rule, or
regulation; or the breach of any certification or warranty provided in this
Agreement.
57.0
ADMINISTRATIVE REQUIREMENTS
57.1
Accounting Standards - The Subrecipient agrees to comply with this Agreement
and to adhere to the accounting principles and procedures required to utilize
adequate internal controls and maintain necessary source documentation for all
costs incurred, as well as any applicable federal laws and regulations. The
Subrecipient further agrees to maintain an adequate accounting system that
provides for appropriate grant accounting (including calculation of program
income).
57.2
Repayment of Funds - The Subrecipient agrees to repay funds provided under
this Agreement for noncompliance with the terms of this Agreement. Repayment
shall be in accordance with the terms of this Agreement or the requirement of
applicable laws and regulations, including continuing use compliance. The City
may specify in writing, the terms of the repayment or alternative terms in lieu of
repayment. However, in no case shall repayment or alternative terms be
accomplished later than sixty (60) calendar days following the written
determination of noncompliance by the City.
57.3
Documentation and Record Keeping - The Subrecipient agrees to comply with this
Agreement and the following record keeping requirements:
57.3.1 Records to be maintained - The Subrecipient shall maintain all financial
records as required by 2 C.F.R. § 200, and 0MB Circulars;
City of Chandler and Maricopa County ERA
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City of Chandler and Maricopa County ERA
Page 18 of 19
57.3.2 DUNS Number and SAM Profile - All Subrecipients shall have a valid Dun
and Bradstreet (DUNS) number and an active profile in the federal System
for Award Management (SAM).
57.3.2.1
To
obtain
a
DUNS
Number
use
this
link:
https://www.dnb.com/duns-number.html
57.3.2.2
For additional information on System for Award Management
(SAM) and, DUNS use this link:
https://www.sam.gov/SAM/pages/public/generalInfo/aboutSAM
.jsf
57.3.3 Records Retention - The Subrecipient shall retain all records pertinent to
this Agreement for a period of six (6) years after all ERA 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.
57.3.4 Disclosure - The Subrecipient understands that client information collected
under this Agreement is private and the use or disclosure of such
information, when not directly connected with the administration of the
City's or the Subrecipient's responsibilities with respect to services
provided under this Agreement, is prohibited unless written consent is
obtained from such person receiving service.
57.3.5 Property Records -
The Subrecipient shall maintain property and
equipment inventory records that clearly identify properties and equipment
purchased, improved, or sold. Properties and equipment retained shall
continue to meet eligibility criteria and shall conform to the use of property
and equipment.
Signatures contained on following page
C-22-22-062-X-00
IN WITNESS, the Parties have approved and signed this Agreement:
APPROVED BY:
THE CITY OF CHANDLER
Joshua Wright
City Manager
Date: ___________ _
Attested to:
City Clerk
Date
IN ACCORDANCE WITH A.RS. §§ 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 CHANDLER
UNDER THE LAWS OF THE STATE OF
ARIZONA.
APPROVED AS TO FORM:
City Attorney
V
Date
City of Chandler and Maricopa County ERA
APPROVED BY:
MARICOPA COUNTY
13JQ (d
Chairman, Board of Supervisors
Date: _J_'°'.- _2_1_2_02_2 ____ _
Attested to:
Jt'.N 2 1 2022
Date
uutu
IN ACCORDANCE WITH A.RS. §§ 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:
Page 19 of 19
--------------------
-------------------
Kevin Hartke
Mayor