CITY OF SURPRISE SHELTER SERVICES AGREEMENT.PDF

INTERGOVERNMENTAL AGREEMENT
BETWEEN
MARICOPA COUNTY
ADMINISTERED BY ITS
HUMAN SERVICES DEPARTMENT
AND
THE CITY OF SURPRISE
Agreement Number:
Agreement Amount: $ 300,000
Agreement Start Date:
Agreement Termination Date: June 30, 2022
DUNS Number: 021648936
This Intergovernmental Agreement (“Agreement”) is entered into by and between the City of
Surprise (“Subrecipient”), and Maricopa County, administered by its Human Services Department
(“County”). The Subrecipient and County collectively referred to here as the “Parties” and
individually as a “Party.”
The County shall provide financial reimbursement in the amount listed above, subject to the terms
of this Agreement and the availability of funds. The Funding availability period shall begin on July
1, 2021, and extend through June 30, 2022. The Agreement Amount constitutes the County’s
entire participation and obligation in the performance and completion of all work to be performed
under this Agreement.
The Subrecipient, for and in consideration of the covenants and conditions set forth in this
Agreement, shall provide and perform the services set forth herein. All rights and obligations of
the Parties shall be governed by the terms of this Agreement, its exhibits, attachments, and
appendices, including any Subcontracts, Amendments, or Change Orders as set forth in this
Agreement and in:
Section 1 – General Provisions
Section 2 – Special Provisions
Section 3 – Work Statement
Section 4 – Compensation
Section 5 – Attachments
Subrecipient Rep: Seth Dyson, Human Service & Community Vitality Director
Phone: Direct: 623-222-1620 Cell: 480-798-5162
Address: 16000 North Civic Centre Plaza, Surprise, Arizona 85374
E-Mail: Seth.Dyson@surpriseaz.gov
Maricopa County: Rachel Milne, Assistant Director
Phone: 602-372-1528
Address: 234 North Central, Suite 3000, Phoenix, Arizona 85004
E-Mail: Rachel.Milne@maricopa.gov
Notices under this Agreement shall be given either by personal delivery or by registered or
certified mail postage prepaid and return receipt requested, to the persons at the addresses set
forth above and shall be effective upon receipt if personally delivered and three (3) business days
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after being placed in the U.S. Mail, properly addressed, with sufficient postage, if sent by
registered or certified mail, unless otherwise indicated in the notice. Business days means
Monday through Friday, unless recognized as a federal or State of Arizona holiday.
This Agreement contains all the terms and conditions agreed to by the Parties. No other
understanding, oral or otherwise, regarding the subject matter of this Agreement shall be deemed
to exist or to bind the Parties to this Agreement. Nothing in this Agreement shall be construed as
consent to any lawsuits or waiver of any defenses in any lawsuits brought against Maricopa
County or the Subrecipient in any state or federal court.
IN WITNESS, the Parties have approved and signed this Agreement:
Approved By: Approved By:
CITY OF SURPRISE MARICOPA COUNTY
____________________________________ ____________________________________
Skip Hall Jack Sellers
Mayor Chairman, Board of Supervisors
____________________________________ _____________________________________
Date Date
Attested to: Attested to:
____________________________________ _____________________________________
City Clerk Date Clerk, Board of Supervisors Date
IN ACCORDANCE WITH A.R.S. §§ 9-240 IN ACCORDANCE WITH A.R.S. §§ 11-201 11-
AND 11-952, THIS AGREEMENT HAS BEEN 251, AND 11-952, THIS AGREEMENT HAS
REVIEWEDBY THE UNDERSIGNED BEEN REVIEWED BY THE UNDERSIGNED
ATTORNEY WHO HAS DETERMINED IT IS ATTORNEY WHO HAS DETERMINED IT IS
PROPER IN FORM AND WITHIN THE PROPER IN FORM AND WITHIN THE
POWERS AND AUTHORITY GRANTED TO POWERS AND AUTHORITY GRANTED TO
THE CITY OF SURPRISE UNDER THE MARICOPA COUNTY UNDER THE LAWS OF
LAWS OF THE STATE OF ARIZONA THE STATE OF ARIZONA.
APPROVED AS TO FORM: APPROVED AS TO FORM:
____________________________________ _____________________________________
Attorney for the City of Surprise Date Deputy County Attorney Date
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SECTION 1
GENERAL PROVISIONS
Maricopa County
Human Services Department
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Section 1 General Provisions
1.0 PURPOSE
The purpose of this Agreement is for the Subrecipient to provide services to include
temporary emergency shelter services. The County shall provide funding to the Subrecipient
for service delivery. The funding for services shall be on a reimbursement basis to the
Subrecipient. Services eligible for reimbursement are identified in Section 3 (Work
Statement).
2.0 TERM/EFFECTIVE DATE/RENEWAL LIFE OF THE AGREEMENT
2.1 This Agreement shall start and terminate on the dates listed on page 1 of this
Agreement. This Agreement shall become effective upon approval and signature
by both Parties.
2.2 This Agreement may be renewed by a written amendment provided the Subrecipient
is in full compliance with all terms and conditions of this Agreement. Under A.R.S. §
11-952(G), no renewal may exceed the duration of the previous agreement. The
County shall notify the Subrecipient in writing of its intent to extend the Agreement
term at least thirty (30) calendar days prior to the expiration of the original Agreement
term, or any additional terms thereafter.
2.3 The Subrecipient shall not provide services prior to Agreement Start Date or after
the Agreement Termination Date. (There shall be no billable activity outside of the
effective dates).
2.4 Upon full execution of this Agreement and incurring allowable expenses within the
Agreement term, the Subrecipient shall invoice the County in accordance with
Section 4 (Compensation).
3.0 AMENDMENTS
All Amendments to this Agreement shall be in writing and signed by authorized signers for
both Parties.
4.0 TERMINATION
4.1 Under A.R.S. § 38-511, the County 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 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 County 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 County 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.
4.2 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 County
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.
4.3 The County has the right to terminate this Agreement upon twenty-four (24) hour
notice when the County deems the health or welfare of the service recipients are
endangered or the Subrecipient’s non-compliance jeopardizes funding source
financial participation. If not terminated by one of the above methods, then this
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Section 1 General Provisions
Agreement will terminate upon the expiration of the Term of this Agreement stated
on page 1 of this Agreement.
4.4 In accordance with 2 C.F.R. § 200, the County may suspend or terminate this
Agreement if the Subrecipient violates any terms or conditions of this Agreement or
if the Subrecipient fails to maintain a good faith effort to carry out the purpose of this
Agreement.
4.5 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.
5.0 EFFECT
To the extent that the Special Provisions are in conflict with the General Provisions, the
Special Provisions shall control. To the extent that the Work Statement is in conflict with the
General Provisions or the Special Provisions, the Work Statement shall control. To the
extent that the Compensation Provisions are in conflict with the General Provisions, Special
Provisions, or Work Statement, the Compensation Provisions shall control. Nothing in this
Agreement shall operate to increase the Operating Budget without a written amendment to
this Agreement.
6.0 DEFINITIONS
As used throughout this Agreement, the following words and terms shall have the following
meanings:
6.1 Assistant Director means the means the Assistant Director of the Community
Services Division of the Maricopa County Human Services Department.
6.2 Client means individuals, on the general public that request assistance from the
Subrecipient.
6.3 Department means the Maricopa County Human Services Department.
6.4 Director means the Director of the Maricopa County Human Services Department.
6.5 Division means the Community Services Division (CSD) of the Maricopa County
Human Services Department.
6.6 Equipment means all vehicles, furniture, machinery, electronic data processing
(EDP) equipment, and software and all other equipment costing $5,000 or more,
including all normal and necessary expenses incurred to make the equipment ready
for its intended use (e.g., taxes, freight, installation, assembly and testing charges,
etc.), and with a useful life of greater than one year. Equipment as used in this
Agreement does not include real property (e.g., land, building, structures, or facilities’
improvements).
6.7 Pass-through entity (PTE) means a non-federal entity that provides a subaward
to a subrecipient to carry out part of a federal program.
6.8 Subcontract means any Contract/Agreement entered into by the Subrecipient with
a third party for performance of any of the work or the provision of any of the services
under this Agreement.
6.9 Subcontractor means an entity funded through the Subrecipient to provide services
required by the Work Statement.
6.10 Subaward means an award provided by a pass-through entity to a Subrecipient
for the Subrecipient to carry out part of a federal award received by the pass-
through entity. It does not include payments to a Subrecipient or payments to an
individual that is a beneficiary of a federal program. A Subaward may be provided
through any form of legal agreement, including an agreement that the pass-
through entity considers a contract.
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Section 1 General Provisions
6.11 Subrecipient means an entity, usually but not limited to non-federal entities, that
receives a Subaward from a pass-through entity to carry out part of a federal award
but does not include an individual that is a beneficiary of such Subaward. A
Subrecipient also may be a recipient of other federal awards directly from a federal
awarding agency. 2 C.F.R. 200.1
6.12 Vendor means an entity funded through the Subrecipient to provide services
required by the Work Statement.
6.13 Vulnerable Adult means an individual who is eighteen years of age or older and
who is unable to protect himself from abuse, neglect, or exploitation by others
because of a physical or mental impairment. Vulnerable adult includes an
incapacitated person as defined in A.R.S. §14-5101.
6.14 Work Statement means Section 3 of this Agreement, which describes the services
to be delivered under this Agreement.
7.0 GENERAL REQUIREMENTS
7.1 The terms of this Agreement shall be construed in accordance with Arizona law and
the applicable laws and regulations of the United State Department of Housing and
Urban Development (HUD). Any lawsuits arising out of this Agreement shall be
brought in the appropriate court in Maricopa County, Arizona.
7.2 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 it shall comply with all laws regarding unemployment insurance,
disability insurance, and workers’ compensation.
7.3 The Subrecipient is an independent Subrecipient in the performance of all work and
the provision of all services under this Agreement and the Subrecipient shall not be
considered an officer, employee, representative, or agent of the County.
7.4 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 County and has received written approval for the
payments.
7.5 For purposes of this provision, the terms "substantial interest" and "relative" shall
have the meanings prescribed by A.R.S. § 38-502.
8.0 SUBCONTRACTING/SUBAWARD
8.1 No right, liability, obligation, or duty under this Agreement may be assigned,
delegated, or subcontracted, in whole or in part, without the prior written approval
of the County. The Subrecipient shall bear all liability under this Agreement, even
if it is assigned, delegated, or subcontracted, in whole or in part, unless the County
agrees otherwise.
8.2 In accordance with 2 C.F.R. §200.331, the Subrecipient may make a “Subaward”
as a pass-through entity for the purpose of carrying out a portion of the federal
award and General Funds. The Subrecipient will make determinations classifying
recipients of federal funds as a Subrecipient
9.0 AVAILABILITY OF FUNDS
9.1 The provisions of this Agreement relating to the payment for services shall become
effective when funds assigned for the purpose of compensating the Subrecipient, as
provided in this Agreement, are actually available to the County for disbursement.
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Section 1 General Provisions
The County shall be the sole authority in determining the availability of funds under
this Agreement and the County shall keep the Subrecipient fully informed as to the
availability of funds.
9.2 If any action is taken by any State agency, federal department or any other agency
or instrumentality to suspend, decrease, or terminate its fiscal obligation under or in
connection with this Agreement, then the Parties may amend, suspend, decrease,
or terminate their obligations under or in connection with this Agreement. In the event
of termination, the County shall be liable for payment only for services rendered prior
to the effective date of the termination, provided that such services performed are in
accordance with the provisions of this Agreement. The County shall give written
notice of the effective date of any suspension, amendment, or termination under this
section at least ten (10) calendar days in advance.
10.0 BUDGET ADJUSTMENTS
10.1 Any requests for reasonable budget adjustments must be submitted ninety (90)
calendar days prior to the expiration of this Agreement. Requests for adjustments
to this Agreement must be supported by documentation.
10.2 The Subrecipient must receive prior written approval from the County to move
funds from one budget line item to another. Budget adjustments that do not change
the total Agreement amount may be documented by an Administrative Change
Order approved and fully executed by the Chairman of the Board of Supervisors
and the Subrecipient’s authorized Representative and defined in Section 2
(Special Provisions), Paragraph 4.0. If a budget adjustment is necessary that either
increases or decreases the Agreement amount, then the County shall follow
Section 1 (General Provisions), Paragraph 3.0 (Amendments) of this Agreement
to amend the Agreement.
11.0 DISPUTES
11.1 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 that are not resolved in that time period shall be submitted
in accordance with the following formal dispute resolution process.
11.2 Notice of the specific grounds of a dispute shall be in writing and filed with the
Assistant Director within ten (10) business days from the date the Subrecipient
knew or should have known of the basis of the dispute.
11.3 The Assistant Director shall respond in writing to the Subrecipient within fourteen
(14) business days. The decision of the Assistant Director 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 Human Services Department Director.
11.4 The Human Services Department Director shall provide the Subrecipient 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.
11.5 Pending a final decision of the Director, the Subrecipient shall proceed diligently
with the performance of this Agreement in accordance with the Assistant Director’s
decision.
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Section 1 General Provisions
12.0 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 hereof, and the remaining
provisions shall remain in full force and effect.
13.0 STRICT COMPLIANCE
The County’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 for all future performance. All changes in performance obligations under this
Agreement shall be in writing and signed by both Parties.
14.0 NON-LIABILITY
The County and its agents, representatives, officials, officers, directors, employees,
volunteers, departments, agencies, boards, committees, and commissions shall not be
liable for any acts or omissions by the Subrecipient or Vendor or any agents,
representatives, officials, officers, directors, employees, volunteers, departments, agencies,
boards, committees, or commissions of the Subrecipient or Vendor 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 any purchases or contracts made by the
Subrecipient or Vendor or any agents, representatives, officials, officers, directors,
employees, volunteers, departments, agencies, boards, committees, or commissions of the
Subrecipient or Vendor, in connection with this Agreement.
15.0 INDEMNIFICATION
To the extent permitted by law, the Subrecipient shall, and shall cause any of its
Subcontractors to, indemnify, defend save and hold harmless the County, any jurisdiction
or agency issuing any permits for any work arising out of this Agreement, and their
respective agents, representatives, officials, officers, directors, employees, volunteers,
departments, agencies, boards, and commissions (hereinafter referred to as “Indemnitee”)
from and against any and all claims, demands, actions, liabilities, damages, losses,
judgments, or expenses (including court costs, attorney and expert fees, and costs of
claim processing, investigation, and litigation) (hereinafter referred to as “Claims”): A.) that
either directly or indirectly are caused by, arise from, or relate to breach of this Agreement
by the Subrecipient and any of its Subcontractors, or any and all agents, representatives,
officials, officers, directors, employees, volunteers, departments, agencies, boards, or
commissions of the Subrecipient and any of its Subcontractors; and B.) for bodily injury or
personal injury (including death), or loss or damage to tangible or intangible property
caused, or alleged to be caused by, arise from, or relate to, in whole or in part, the
negligent or willful acts or omissions of the Subrecipient or any of its Subcontractors, or
any and all agents, representatives, officials, officers, directors, employees, volunteers,
departments, agencies, boards, and commissions of the Subrecipient and of any
Subcontractors. This indemnity includes any claim or amount arising out of or recovered
under the Worker’s Compensation Law or arising out of the failure of the Subrecipient or
any of its Subcontractors to conform to any federal, state or local law, statute, ordinance,
rule, regulation or court decree. It is the specific intention of the Parties that the Indemnitee
shall, in all instances, except for Claims arising solely from the negligent or willful acts or
omissions of the Indemnitee, be indemnified by the Subrecipient and any of its
Subcontractors from and against any and all claims. It is agreed that the Subrecipient and
any of its Subcontractors will be responsible for primary loss investigation, defense, and
judgment costs where this indemnification is applicable.
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Section 1 General Provisions
16.0 INSURANCE REQUIREMENTS
16.1 The Subrecipient, shall and shall cause any of its Subcontractors to purchase and
maintain the minimum insurance stipulated in this Agreement from a company or
companies duly licensed by the State of Arizona and possessing a current A.M.
Best, Inc. rating of B++6 or higher. In lieu of State of Arizona licensing, the stipulated
insurance may be purchased from a company which is or companies which are
authorized to do business in the State of Arizona, provided that such insurance
company or companies meet the approval of the County. The form of any insurance
policies and forms must be acceptable to the County.
16.2 All insurance required under this Agreement shall be maintained in full force and
effect until all work or service required to be performed under the terms of the
Agreement is satisfactorily completed and formally accepted. Failure to do so may,
at the sole discretion of the County, constitute a material breach of this Agreement.
16.3 The Subrecipient’s insurance shall be primary insurance as respects the County,
and any insurance or self-insurance maintained by the County shall not contribute
to it.
16.4 Any failure to comply with the claim reporting provisions of the insurance policies or
any breach of an insurance policy warranty shall not affect coverage afforded under
the insurance policies to protect the County.
16.5 The insurance policies may provide coverage that contains deductibles or self-
insured retentions. Such deductible or self-insured retentions (or both) shall not be
applicable with respect to the coverage provided to the County under those policies.
The Subrecipient shall be solely responsible for the deductible and self-insured
retention and the County, at its option, may require the Subrecipient to secure
payment of such deductibles or self-insured retentions by a surety bond or an
irrevocable and unconditional letter of credit.
16.6 The County reserves the right to request and to receive, within 10 business days,
certified copies of any or all of the insurance certificates required under this
Agreement. The County shall not be obligated to review policies and endorsements
or to advise the Subrecipient of any deficiencies in such policies and endorsements,
and such receipt shall not relieve the Subrecipient from, or be deemed a waiver of
the County’s right to insist on strict fulfillment of the Subrecipient’s obligations under
this Agreement.
16.7 The insurance policies required by this Agreement, except Worker’s Compensation,
shall name the County, its agents, representatives, officials, officers, directors,
employees, volunteers, departments, agencies, boards, and commissions as
Additional Insureds.
16.8 The policies required under this Agreement, except Worker’s Compensation, shall
contain a waiver of transfer of rights of recovery (subrogation) against the County
and its agents, representatives, officials, officers, directors, employees, volunteers,
departments, agencies, board, and commissions for any claims arising out of the
Subrecipient’s work or service.
16.9 The Subrecipient's policies shall stipulate that the insurance afforded the
Subrecipient shall be primary insurance and that any insurance carried by the
County and its agents, representatives, officials, officers, directors, employees,
volunteers, departments, agencies, boards, and commissions shall be excess and
not contributory insurance, as provided by A.R.S. § 41-621.
16.10 Coverage provided by the Subrecipient shall not be limited to the liability assumed
under the indemnification provisions of this Agreement.
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16.11 Commercial General Liability:
Commercial General Liability insurance and, if necessary, Commercial Umbrella
insurance with a limit of not less than $2,000,000 for each occurrence, $2,000,000
Products/Completed Operations Aggregate, and $4,000,000 General Aggregate
Limit. The policy shall include coverage for premises liability, bodily injury, broad
form property damage, personal injury, products and completed operations and
blanket contractual coverage, and shall not contain any provisions which would
serve to limit third party action over claims. There shall be no endorsement or
modifications of the CGL limiting the scope of coverage for liability arising from
explosion, collapse, or underground property damage.
16.12 Worker’s Compensation:
16.12.1Worker’s Compensation insurance to cover obligations imposed by federal
and state statutes having jurisdiction of the Subrecipient’s employees
engaged in the performance of the work or services under this Agreement;
and Employer’s Liability insurance of not less than $1,000,000 for each
accident, $1,000,000 disease for each employee, and $1,000,000 disease
policy limit.
16.12.2The Subrecipient waives all rights against County and its agents,
representatives, officials, officers, directors, employees, volunteers,
departments, agencies, boards, and commissions for recovery of damages
to the extent these damages are covered by the Worker’s Compensation
and Employer’s Liability or commercial umbrella liability insurance obtained
by the Subrecipient pursuant to this Agreement.
16.13 Sexual Molestation and Physical Abuse:
16.13.1When services involve working with children, elderly, or disabled individuals,
the insurance requirements in the (sub)contract must include coverage for
"sexual molestation and physical abuse." Coverage for this type of claim, or
allegation, is excluded from standard general liability policies. Therefore,
Subrecipients whose services include working with or caring (or both) for
children/elderly and disabled persons should have their policies specifically
endorsed to include this coverage.
16.13.2The policy shall be endorsed to include coverage for sexual molestation and
physical abuse at limits not less than $2,000,000.00 per occurrence and
$4,000,000.00 aggregate. These limits may be included within a General
Liability policy, Professional Liability policy or provided by separate
endorsement with its own limits as required. Subrecipient and its
Subcontractors must provide the following statement on their Certificate(s)
of Insurance: “Sexual molestation and physical abuse coverage is included.”
Policies/certificates stating that “Sexual molestation and physical abuse
coverage is not excluded” do not meet this requirement.
16.14 Certificates of Insurance:
Upon execution of this Agreement, the Subrecipient shall, and shall cause any of its
Subcontractors, to furnish the County with valid and complete certificates of
insurance, or formal endorsements as required by the Agreement, issued by the
Subrecipient’s insurer(s), as evidence that policies providing the required coverage,
conditions and limits required by this Agreement are in full force and effect. Such
certificates shall identify this Agreement by number and title.
16.15 Prior to commencing either work or services under this Agreement, the Subrecipient
shall have insurance in effect as required by the Agreement in the form provided by
the County, issued by the Subrecipient’s insurer(s), as evidence that policies
providing the required coverage, conditions and limits required by this Agreement
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Section 1 General Provisions
are in full force and effect. Such certificates shall be made available to the County
with ten (10) business days after a request by the County. BY SIGNING THIS
AGREEMENT, THE SUBRECIPIENT AGREES TO THIS REQUIREMENT AND
THAT FAILURE TO MEET THIS REQUIREMENT WILL RESULT IN
CANCELLATION OF THIS AGREEMENT.
16.16 In the event any insurance policy(ies) required by this Agreement is (are) written on
a “claims made” basis, coverage shall extend for two years past completion and
acceptance of the Subrecipient’s work or services and as evidenced by annual
Certificates of Insurance.
16.17 If a policy does expire during the life of this Agreement, then a renewed Certificate
of Insurance must be sent to the County forty-five (45) business days prior to the
expiration date.
16.18 Cancellation and Expiration Notice:
Insurance required under this Agreement shall not be permitted to expire, be
canceled, or materially changed without thirty (30) business days prior written notice
to the County.
16.19 If the Subrecipient provides professional or semi-professional personal services
under this Agreement for which malpractice or professional liability coverage is
available, such as medical, psychiatric, or legal services, then the Subrecipient shall
carry minimum liability coverage of $2,000,000 each occurrence and provide the
County with proof of coverage.
16.20 Subcontractors: The Subrecipient’s certificate(s) shall include all Subcontractors as
insureds under its policies or the Subrecipient shall furnish to the County separate
certificates for each Subcontractor. All coverages for Subcontractors shall be subject
to the minimum requirements identified above.
16.21 Approval: Any modification or variation from the insurance requirements in any
agreement must have prior approval from the County whose decision shall be final.
Such action will not require a formal Amendment.
16.22 Exceptions: In the event the Subrecipient is a public entity, the Insurance
Requirements shall not apply to such public entity. Such public entity shall provide
a Certificate of Self-Insurance or a Certificate of Proof of Pool Insurance.
Nongovernmental Subcontractors of the Subrecipient shall comply with all insurance
terms.
17.0 SINGLE AUDIT ACT REQUIREMENTS
The Subrecipient 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 Subrecipient shall comply with 2 C.F.R. 200,
Subpart F. Upon completion, such audits shall be made available for public inspection.
Audits shall be submitted to the County within 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 County shall consider sanctions as described in 2
C.F.R. § 200.505 if it is determined by HUD or the County that the Subrecipient is not in -
compliance with the audit requirements.
18.0 AUDIT DISALLOWANCES
18.1 The Subrecipient shall, upon written notice, reimburse the County for any payments
made under this Agreement that are disallowed by a federal, state, or County audit
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.
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18.2 If the County determines that a cost for which payment has been made is a
disallowed cost, then the County will notify the Subrecipient in writing of the
disallowance and the required course of action, which shall be at the option of the
County, either to adjust any future claim submitted by the Subrecipient by the
amount of the disallowance or to require immediate repayment of the disallowed
amount by the Subrecipient issuing a check payable to the County.
19.0 LOBBYING
19.1 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.
19.2 If any funds, other than federal appropriated funds, have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, an officer or employee of Congress, or an employee
of a member of Congress in connection with any federal agreement, grant, loan or
cooperative agreement, then the Subrecipient shall complete and submit OMB
Form-LLL, titled "Disclosure of Lobbying Activities," in accordance with its
instructions and 31 U.S.C. § 1352.
20.0 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.
21.0 POLITICAL ACTIVITY PROHIBITED
None of the funds, materials, property, or services contributed by the County or the
Subrecipient or any Subcontractors under this Agreement shall be used for any partisan
political activities, or to further the election or defeat of any candidates for public office.
22.0 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
County may immediately terminate this Agreement without liability.
23.0 SAFEGUARDING OF PARTICIPANT INFORMATION
23.1 The Subrecipient shall observe and abide by all applicable State of Arizona and
federal statues, rules, and regulations regarding the use or disclosure of information
including, but not limited to, information concerning applicants for and recipients of
contracted services. To the extent permitted by law, the Subrecipient shall release
information to the County, Department, Attorney General’s Office, or other
designated agency as required by the County by the terms of this Agreement or by
law.
23.2 The Subrecipient shall comply with the requirements of the Arizona Address
Confidentiality Program, A.R.S. §§ 41-161, et. seq. The Department will advise the
Subrecipient as to applicable policies and procedures adopted for such
compliance.
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24.0 RIGHTS IN DATA
The County shall 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.
25.0 COPYRIGHTS
If this Agreement results in a book or other written material, the author is free to copyright
the work, but the County 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.
26.0 PATENTS
Any discovery or invention arising out of, or developed in the course of, work under this
Agreement shall be promptly and fully reported to the County for determination as to whether
patent protection on such invention or discovery shall be sought and how the rights in the
invention or discovery, including rights under any patent issued thereon, shall be disposed
of and administered, in order to protect the public interest.
27.0 WARRANTY OF SERVICES
27.1 The Subrecipient warrants that all services provided under this Agreement will
conform to the requirements of the Agreement, including all descriptions,
specifications, and attachments made a part of this Agreement. The County’s
acceptance of services or goods provided by the Subrecipient shall not relieve the
Subrecipient from its obligations under this warranty.
27.2 In addition to its other remedies, the County may, at the Subrecipient's expense,
require prompt correction of any services failing to meet the Subrecipient's warranty
in this Agreement. Services corrected by the Subrecipient shall be subject to all the
provisions of this Agreement in the manner and to the same extent as services
originally furnished under this Agreement.
28.0 CONTINGENCY RELATING TO OTHER CONTRACTS AND GRANTS
28.1 The Subrecipient shall, during the term of this Agreement, within 15 business days
from acceptance, inform the Assistant Director in writing of the award of any other
agreement or grant, including any other agreement or grant awarded by the County,
where the award may affect either the direct or indirect costs being paid or
reimbursed under this Agreement. The Subrecipient’s failure to notify the County of
any such agreement shall be a breach of this Agreement and the County may
immediately terminate this Agreement without liability.
28.2 The Assistant Director 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 Assistant Director, the award
of the agreement or grant may affect the costs being paid or reimbursed under this
Agreement.
28.3 If the Assistant Director 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 Assistant Director shall prepare an amendment to this
Agreement effecting a cost adjustment. If the Subrecipient disputes the proposed
cost adjustment, then the dispute shall be resolved pursuant to the "Disputes"
paragraph of this Agreement.
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29.0 AGREEMENT COMPLIANCE MONITORING/AUDITING
29.1 The County will annually monitor the Subrecipient's compliance for fiscal and
programmatic performance under the terms and conditions of this Agreement and
applicable regulations promulgated by the U.S. Department of Housing and Urban
Development and Maricopa County. On-site visits for compliance monitoring may
be made by the County or its grantor agencies (or by both the County and its grantor
agencies) at any time during the Subrecipient's normal business hours, announced
and/or unannounced. For auditing purposes, the County shall provide the
Subrecipient with a 30-day calendar advance notice of 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
County for inspection and copying.
29.2 The County shall request information for fiscal monitoring/audit per Office of
Management and Budget (OMB) Uniform Guidance 2 C.F.R. § 200, to include:
29.2.1 Financial Management 2 C.F.R. § 200.302
29.2.2 Internal Controls 2 C.F.R. § 200.303
29.2.3 Bonds 2 C.F.R. § 200.304
29.2.4 Payment and Financial Reporting 2 C.F.R. § 200.305
29.2.5 Cost Sharing or Matching 2 C.F.R. § 200.306
29.2.6 Program Income 2 C.F.R. § 200.307
29.2.7 Revision of Budget and Program Plans 2 C.F.R. § 200.308
29.2.8 Period of Performance 2 C.F.R. § 200.309
29.2.9 Insurance Coverage 2 C.F.R. § 200.310
29.2.10 Record Retention and Access 2 C.F.R. § 200.31
29.2.11 Procurement Standards 2 C.F.R. § 200.318
29.2.12 Indirect Costs 2 C.F.R. § 200.414
29.2.13 Compensation-Personal Services 2 C.F.R. § 200.430
29.2.14 Audit Requirements 2 C.F.R. §§ 200.501-200.517
30.0 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.
.
31.0 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. The provision applies to work performed by
Subrecipients or Subcontractors at all tiers.
32.0 GRIEVANCE PROCEDURE
The Subrecipient 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 Subrecipient’s work under this Agreement. The grievance procedure shall include
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provisions for notifying the applicants for, and recipients of, services of their eligibility or
ineligibility for service and their right to appeal to the County if the grievance is not satisfied
at the Subrecipient’s level. This system shall include protest procedures for decisions related
to contract awards and requests for reasonable accommodations for persons with
disabilities.
33.0 NON-DISCRIMINATION
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 of its Subcontracts.
34.0 EQUAL EMPLOYMENT OPPORTUNITY
34.1. 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.
34.2. 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.
34.3. The Subrecipient shall and shall cause its Subcontractors to comply with:
34.3.1 Title VI and VII of the Civil Rights Act of 1964, as amended (42 U.S.C. §§
2000a, et seq.);
34.3.2 the Rehabilitation Act of 1973, as amended (29 U.S.C. §§ 701, et seq.);
34.3.3 the Age Discrimination in Employment Act of 1967, as amended (29 U.S.C.
§§ 621, et seq.);
34.3.4 the Americans With Disabilities Act of 1990 (42 U.S.C. §§ 12101, et seq.);
and
34.3.5 Arizona Executive Order 2009-09, as amended, et seq. which mandates that
all persons shall have equal access to employment opportunities.
35.0 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 County in accordance with applicable State of
Arizona and federal regulations. The Subrecipient shall provide a signed bank account
agreement authorizing the County to obtain information about the account. If an accounting
system is used, then it shall be in accordance with generally accepted accounting principles.
36.0 RETENTION OF RECORDS
36.1 This provision applies to all financial and programmatic records, supporting
documents, statistical records, and other records of the Subrecipient that relate to
this Agreement.
36.2 The Subrecipient shall retain all records related to this Agreement for six (6) years
after final payment or until after the resolution of any audit questions, which could be
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more than six (6) years, whichever is longer. 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.
37.0 ADEQUACY OF RECORDS
If Subrecipient’s books, records, and other documents related to this Agreement are not
sufficient to support and document that allowable services were provided to eligible
participants, then the Subrecipient shall reimburse the County for the services not supported
and documented.
38.0 MATERIAL AND SUPPLIES
38.1 Material means all property, including equipment, supplies, printing, insurance, and
leases of property but does not include land, a permanent interest in land, or real
property or leasing space.
38.2 Procurement of equipment with a cost less than $1,000 is considered materials and
supplies.
38.3 Individual procurements, purchased with funds provided under this Agreement, of
less than $300 require oral price quotations from two (2) or more Vendors. The
Subrecipient shall keep and maintain a record of the vendors’ verbal quotations.
38.4 Individual procurements equal to or in excess of $300 but less than $1,000,
purchased with funds provided under this Agreement, are subject to a system of
written quotes. The Subrecipient shall keep and maintain a record of the vendors’
written quotations.
38.5 The Subrecipient shall take affirmative steps to provide an opportunity for minorities,
women, and small businesses to compete in the procurement of equipment and
supplies under this Agreement.
38.6 If the Subrecipient is a public agency, then the Subrecipient’s own bidding
procedures shall govern, as long as the procurement practices comport with Federal
and State of Arizona laws.
39.0 PROPERTY
39.1 Any County 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 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 are the responsibility of the Subrecipient within the limits budgeted in
this Agreement.
39.2 Any Subrecipient property furnished or purchased pursuant to the terms of the
Agreement shall be utilized, maintained, repaired, and accounted for by the
Subrecipient. Repair costs of such property shall be the responsibility of the
Subrecipient.
40.0 IMMIGRATION LAWS AND REGULATIONS
40.1 Federal Immigration and Nationality Act
40.1.1 The Subrecipient understands and acknowledges the applicability of the
Immigration Reform and Control Act of 1986 (IRCA). The Subrecipient
agrees to comply with the IRCA in performing under this Agreement and to
permit the County to inspect personnel records to verify such compliance.
40.1.2 By entering into this Agreement, the Subrecipient warrants compliance with
the Federal Immigration and Nationality Act (FINA) and all other federal
immigration laws and regulations related to the immigration status of its
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employees. The Subrecipient shall obtain statements from its
Subcontractor certifying compliance and shall furnish the statements to the
Assistant Director upon request. These warranties shall remain in effect
through the term of the Agreement. The Subrecipient and its Subcontractor
also shall 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.
40.1.3 The Subrecipient may request verification of compliance for any employee
or Subcontractor performing work under the Agreement. Should the County
suspect or find that the Subrecipient or any of its Subcontractors are not in
compliance, then the County may pursue 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.
40.2 Arizona Law: The Subrecipient warrants that it is in compliance with A.R.S. § 41-
4401 (e-verify requirements) and further acknowledges that:
40.2.1 The Subrecipient and its Subcontractors and 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;
40.2.2 A breach of a warranty under this Subparagraph 42.2shall be deemed a
material breach of this Agreement and the County may immediately
terminate this Agreement without liability; and
40.2.3 The County 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
42.2 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.
41.0 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.
42.0 GOVERNOR’S EXECUTIVE ORDER NO. 88-26
The Subrecipient shall use the Arizona Taxonomy of Human Services for reporting and
contracting purposes.
43.0 EMPLOYMENT DISCLAIMER
43.1 This Agreement is not intended to constitute, create, give rise to, or otherwise
recognize a joint venture agreement, partnership, or other business association or
organization of any kind between the Parties, and the rights and obligations of the
Parties shall be only those expressly set forth in this Agreement.
43.2 The Subrecipient agrees that no individual performing under this Agreement on
behalf of the Subrecipient may be considered a County agent, employee, or
representative and that no rights of County civil service, County retirement, or
County personnel rules shall accrue to or apply to any such individual. The
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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 and the Subrecipient
shall indemnify, defend, and hold harmless the County with respect thereto.
43.3 The County agrees that no individual performing under this Agreement on behalf of
County may be considered a Subrecipient agent, employee, or representative and
that no rights of Subrecipient civil service, Subrecipient retirement, or Subrecipient
personnel rules shall accrue to 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 Subrecipient with respect thereto.
44.0 CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY, AND
VOLUNTARY EXCLUSION
44.1 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 45 C.F.R. Part 76, certifies to the best
of its knowledge and belief that it and its principals:
44.1.1 Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any federal
department or agency;
44.1.2 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;
44.1.3 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 44.1.2 above; and
44.1.4 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.
44.2 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.
45.0 SUBRECIPIENT EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO
INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS
45.1 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;
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45.2 The Subrecipient shall inform its employees in writing, in the predominant language
of the workforce, of employee whistleblower rights and protections under 41 U.S.C.
§ 4712, as described in Section 3.908 of the Federal Acquisition Regulation.
Documentation of such employee notification must be kept on file by the
Subrecipient and copies provided to County upon request; and
45.3 The Subrecipient shall insert the substance of this clause, including this Paragraph
45.0, in all subcontracts over the simplified acquisition threshold ($250,000 as of
July 2020).
46.0 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.
47.0 WRITTEN CERTIFICATION IN ACCORDANCE WITH 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 engaging in and agrees for the duration of this Agreement not to engage in, a
boycott of goods or 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.
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SECTION 2
SPECIAL PROVISIONS
Maricopa County
Human Services Department
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1.0 STANDARDS
The Subrecipient shall perform the work and provide the services as identified in the Work
Statement and shall immediately notify the Department whenever the Subrecipient is
unable to, or anticipates an inability to, perform any of the work, or provide any of the
services required by the terms of this Agreement. The Subrecipient acknowledges that
any inability to perform the work and provide the services, or comply with the standards
set forth in, this Agreement may subject the Subrecipient to the remedies provided in
Paragraph 6.0, Default and Remedies for Noncompliance in the Special Provisions.
2.0 COMPLIANCE WITH LAWS, RULES & REGULATIONS
This Agreement and the Parties to it, are subject to all applicable federal, state, or local
laws, rules, and regulations. The Subrecipient shall ensure compliance, and the
Subrecipient shall comply with all applicable laws, rules, and regulations, without limitation
to those designated within this Agreement. Refer to Paragraph 6.0, Default and Remedies
for Noncompliance provided in the Special Provisions.
3.0 IT 508 COMPLIANCE
Unless specifically authorized in the Agreement, any electronic or information technology
offered to the County under this Agreement shall comply with A.R.S.§ 41-3531 and § 41-
3532, as may be amended, and Section 508 of the Rehabilitation Act of 1973, which
require the employees and members of the public shall have access to 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
4.0 CHANGES AND CHANGE ORDERS
4.1 Changes - The Subrecipient is required to notify the County in writing, within fifteen
(15) calendar days, after any changes in the following occur:
4.1.1. Agency authorized signatory,
4.1.2. Agency address, phone, fax, or email addresses;
4.1.3. Person to whom Agreement notices should be sent; and
4.1.4. Any variations of insurance required by this Agreement.
4.2 Administrative Change Orders – 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 shall be approved and fully executed by the Chairman of the Board
of Supervisors and the Subrecipient. Administrative Change Orders may address
any of the following areas:
4.2.1. Modifications to the project timeline if the last day of the project timeline is
within the Agreement term;
4.2.2. Modifications to Budget line items if the Agreement Amount remains
unchanged;
4.2.3. Modifications required by federal, state, or County regulations, ordinances,
or policies; and
4.2.4. Modifications to Administrative requirements such as changes in reporting
periods, frequency of reports, or report formats required by HUD or local
regulations, policies, or requirement.
4.3 It is the responsibility of the Subrecipient to ensure the latest documents are
consulted and followed.
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5.0 AUDIT REQUIREMENTS
In accordance with A.R.S. § 11-624, the Subrecipient shall, at its own expense, file with
the County by March 31st of each Agreement year, either:
5.1 Audited financial statements prepared in accordance with federal single audit
requirements; or
5.2 Financial statements of the CDBG program prepared in accordance with generally
accepted accounting principles audited by an independent certified public
accountant; or
5.3 A Comprehensive Annual Financial Report, prepared in accordance with generally
accepted accounting principles audited by an independent certified public
accountant.
6.0 DEFAULT AND REMEDIES FOR NONCOMPLIANCE
6.1 Notwithstanding anything to contrary, this Section shall not be deleted or
superseded by any other provision of this Agreement.
6.2 This Agreement may be immediately terminated by the County if the Subrecipient
defaults by failing to perform any objective or breaches any obligation under this
Agreement, or any event occurs that jeopardizes the Subrecipient’s ability to
perform any of its obligations under this Agreement. The County reserves the right
to have service provided by persons other than the Subrecipient if the Subrecipient
is unable or fails to provide required services within the specified time frame in the
work statement.
6.3 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:
6.3.1 Non-performance of any obligations required by this Agreement.
6.3.2 Non-compliance with any applicable federal, state, or local laws, rules or
regulations, including HUD guidelines, policies, or directives.
6.3.3 Unauthorized expenditure of funds.
6.3.4 Improper disposition of program income.
6.3.5 Non-compliance with applicable financial record requirements, accounting
principles, or standards established by OMB circulars and 2 C.F.R. §§200
et seq.
6.3.6 Non-compliance with recordkeeping, record retention, or reporting
requirements.
6.4 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:
6.4.1. All awards of funding shall be immediately revoked, and any approvals
related to the project described in the Special Provision or Work Statement
shall be deemed revoked and canceled. Thereby, any entitlements to
compensation after suspension or termination of this Agreement are
similarly revoked and unavailable.
6.4.2. Not be relieved of any liability or responsibility associated with the Special
Provision or Work Statement.
6.4.3. 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
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be construed to limit or terminate any right or remedy available under
Agreement or rule.
6.4.4. 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.
6.5 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.
7.0 PROGRAM INCOME
7.1 All income received from a CDBG funded project shall be considered program
income and subject to the requirements set forth in CDBG Program regulations.
Program Income includes, but is not limited to:
7.1.1 Sales/lease returns on investment; and
7.1.2 Payments of principal and interest on loans.
7.2 Program Income received by the Subrecipient shall be tracked and returned to the
County as follows:
7.2.1 Program Income shall be tracked by the Subrecipient and accounted for in
a separate fund or account;
7.2.2 Documentation supporting the amount of Program Income received shall
be submitted quarterly with the quarterly progress report; and
7.2.3 All Program Income shall be submitted at the end of each fiscal year, June
30th, with a Program Income log that states Program Income received
during the year.
7.3 Program Income that is received after the end of this Agreement shall be sent to
the County in accordance with 24 C.F.R. § 92.503 within 30 calendar days of
receipt.
8.0 ADMINISTRATIVE REQUIREMENTS
8.1 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).
8.2 Procurement - All procurement completed under this Agreement shall comply with
the requirements at 2 C.F.R. Part 200, Subpart D, Procurement Standards. The
Subrecipient may utilize its own procurement system if it meets or exceeds the
requirements in 2 C.F.R. 200 Subpart D.
8.3 Repayment of Funds – The Subrecipient agrees to repay funds provided under
this Agreement for noncompliance with the terms of this Agreement. Repayment
shall be in accordance with the terms of this Agreement or the requirement of
applicable laws and regulations, including continuing use compliance. The County
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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 County.
8.4 Documentation and Record Keeping - The Subrecipient agrees to comply with this
Agreement and the following record keeping requirements:
8.4.1 Records to be Maintained - The Subrecipient shall maintain all records
required by the federal regulations specified in 24 C.F.R. Part 570.506 that
are pertinent to the activities to be funded under this Agreement. Such
records shall include, but not be limited to:
8.4.1.1 Records providing a full description of each activity undertaken;
8.4.1.2 Records demonstrating that each activity undertaken meets one of
the National Objectives of the CDBG program, including HUD
required revisions that may be released after this Agreement has
been executed;
8.4.1.3 Records required for determining the eligibility of activities;
8.4.1.4 Records required to document the acquisition, improvement, use,
or disposition of real property acquired or improved with CDBG
assistance (Properties retained shall continue to meet eligibility
criteria and shall conform with the "changes in use" restrictions
specified in 24 C.F.R. Part 570.505, as applicable);
8.4.1.5 Records that demonstrate citizen participation;
8.4.1.6 Records that demonstrate compliance regarding acquisitions,
displacement, relocation, and replacement housing;
8.4.1.7 Records documenting compliance with the fair housing and equal
opportunity components of the CDBG program;
8.4.1.8 Financial records as required by 24 C.F.R. Part 570.502, 2 C.F.R.
§ 200, and OMB Circulars;
8.4.1.9 Other records necessary to document compliance with Subpart K
of 24 C.F.R. § 570; and
8.4.1.10 Records documenting compliance with Section 3 of the
Housing Development Act of 1968.
8.4.2 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).
8.4.2.1 To obtain a DUNS Number use this link:
http://fedgov.dnb.com/webform.
8.4.2.2 For additional information on System for Award Management
(SAM) and, DUNS use this link:
https://www.sam.gov/SAM/pages/public/help/samQUserGuides.jsf
8.4.3 Housing - Records that demonstrate compliance with deeds of trust,
promissory notes, and forgivable loans associated with owner-occupied
housing activities.
8.4.4 Public Facilities - Records that demonstrate continuing ownership and
eligible use of facility according to CDBG and ESG regulations.
8.4.5 Outcome Measures – The Subrecipient shall maintain data that supports
the accomplishment of the desired outcomes as indicated in the Work
Statement.
8.4.6 Records Retention - The Subrecipient shall retain all records pertinent to
this Agreement for a period of six (6) years after all CDBG and ESG
requirements have been met. In the event of litigation, a claim, or an audit
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is begun before the expiration of this retention period, such records shall
be retained until all such action or audit findings involving the records have
been resolved.
8.4.7 Disclosure - The Subrecipient understands that Client information collected
under this Agreement is private and the use or disclosure of such
information, when not directly connected with the administration of the
County's or the Subrecipient's responsibilities with respect to services
provided under this Agreement, is prohibited unless written consent is
obtained from such person receiving service.
8.4.8 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.
8.4.9 Audits and Inspections - All Subrecipient records with respect to any
matters covered by this Agreement shall be made available to the County,
its designees, or the federal government, at any time during normal
business hours, as often as the County deems necessary, to audit,
examine, and make excerpts or transcripts of all relevant data. Any relevant
deficiencies noted in audit reports must be addressed by the Subrecipient
within 45 business days after receipt by the Subrecipient. Failure of the
Subrecipient to comply with the above audit requirements shall constitute
a violation of this Agreement and may result in the withholding of future
payments.
8.4.10 The Subrecipient hereby agrees to have an Annual Audit conducted in
accordance with 2 C.F.R. Part 200.
8.5 Reporting
8.5.1 Progress Reports - The Subrecipient shall be responsible to provide reports
on all activities related the Scope of Work. The Subrecipient agrees to
submit to the County Performance Reports:
8.5.1.1 Quarterly Program Income Report and Supporting Documentation;
8.5.1.2 Quarterly Progress Reports in the form and content as required by
the County. Reports shall be due on the date specified in the report
form, generally in July, October, January, and April, addressing
activities of the proceeding three months (i.e., the July report covers
April, May, and June). If there has been no activity, then the reports
need to explain why. Failure to submit timely Quarterly Reports will
result in suspension of payment for reimbursement requests until
all reports are brought current;
8.5.1.3 Minority Business Enterprise/Women Business Enterprise
(MBE/WBE) information; and
8.5.1.4 Other HUD-required reporting data as applicable shall be
submitted.
8.6 Program Income – The Subrecipient agrees to comply with the quarterly and
annual Program Income reporting requirements of 24 C.F.R. 570.504. The
Subrecipient shall report Program Income received and expended Program
Income as defined in 24 C.F.R. § 570.500 generated by activities carried out with
CDBG funds made available under this Agreement. Documentation supporting the
amount of Program Income received and expended shall be submitted with the
reports required. The Subrecipient shall account for Program Income and maintain
a separate account for these funds. Program Income shall be retained by the
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Subrecipient and shall be used only for CDBG eligible activities as outlined in the
HUD CDBG regulations. The Subrecipient further agrees that these funds shall
be utilized to pay for CDBG activities prior to requesting any reimbursement from
the County for any CDBG activities.
8.7 Performance Monitoring - The County shall monitor the Subrecipient to determine
if CDBG and ESG-funded activities are implemented and administered in
accordance with this Agreement and all applicable federal requirements and to
gauge performance of the Subrecipient against goals and performance standards
required in this Agreement. The Subrecipient will prepare for monitoring and
assure all required files and documentation are available at scheduled monitoring.
Failure of the Subrecipient to administer, implement, and perform as determined
by federal regulations and County policies shall constitute non-compliance with
this Agreement and is subject to the Default and Remedies for Noncompliance
provided in Paragraph 6.0.
8.8 Contracts
8.8.1 Approvals - The Subrecipient shall not commit to any pre-contract costs or
enter into any Subcontracts with any agencies or individuals in the
performance of this Agreement without the Release of Funds from the
County. Execution of construction contracts may not occur until a letter
stating the Subrecipient is not on the debarred list is received from the
County.
8.8.2 DUNS Number: All subcontractors shall have a valid DUNS number and
an active profile in the federal System for Award Management (SAM).
8.8.3 Selection Process - The Subrecipient shall insure that all Subcontracts let
in the performance of this Agreement are awarded on a fair and open
competitive basis. Executed copies of all Subcontracts shall be forwarded
to the County along with documentation, if requested, concerning the
selection process.
8.8.4 Section 3 of the Housing and Urban Development Act of 1968 - The
Subrecipient shall include the Section 3 clause in Subcontracts, as
required, and shall take appropriate action under the Subcontract upon a
finding that the Subcontractor is in violation of regulations issued by
HUD/County. The Subrecipient shall not subcontract with any entity where
it has notice or knowledge that the latter has been found in violation of
regulations under 24 C.F.R. Section 135.
8.8.5 Agreement Monitoring - The Subrecipient shall monitor/review all
subcontracted services on a regular basis to assure Agreement
compliance. Results of monitoring efforts shall be summarized in the
Progress Reports and supported with documented evidence, if requested,
of follow-up actions taken to correct areas of noncompliance.
9.0 ENVIRONMENTAL CONDITIONS
9.1 The Subrecipient agrees to comply with the National Environmental Policy Act of
1969 (P.L. 91-190) pursuant thereto 40 C.F.R. Parts 1500 - 1508, Environmental
Review Procedures for Title I of the Community Development Block Grant program
pursuant thereto 24 C.F.R. Part 58, Subpart A, and with all conditions required in
the process of the environmental assessment. An Environmental Review Record
(ERR) shall be completed before taking any physical action on a site or entering
into Agreements. If federal funds are involved in an activity, then neither federal
nor non-federal funds may be expended or committed by Agreement (conditional
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Section 2 Special Provisions
or not) for activities related to this Project including design work, until the County
provides written authorization based on approval of an ERR.
9.2 Air and Water - The Subrecipient agrees to comply with the following requirements
insofar as they apply to the performance of this Agreement:
9.2.1 Clean Air Act, 42 U.S.C. § 7401, et seq., as amended.
9.2.2 Federal Water Pollution Control Act, as amended, 33 U.S.C. §§ 1251, et
seq., and as amended, 33 U.S.C. 1318 § 308 relating to inspection,
monitoring, entry, reports and information, as well other requirements
specified in 33 U.S.C. 1264 §114 and all regulations and guidelines issued
thereunder.
9.2.3 Environmental Protection Agency (EPA) regulations pursuant to 40 C.F.R.
Part 50, as amended.
9.2.4 The Subrecipient agrees to comply with conditions set forth by the Air
Quality Department or other County agency, as required.
9.3 Flood Disaster Protection - In accordance with the requirements of the Flood
Disaster Protection Act of 1973 (42 U.S.C. § 4001), the Subrecipient shall assure
that for activities located in an area identified by FEMA as having special flood
hazards, flood insurance under the National Flood Insurance Program is obtained
and maintained as a condition of financial assistance for acquisition or construction
purposes. (In the case of housing, the homeowner must obtain and maintain flood
insurance as a condition of funding, or funds may not be utilized.)
9.4 Historic Preservation - The Subrecipient agrees to comply with the Historic
Preservation requirements set forth in the National Historic Preservation Act of
1966, as amended (16 U.S.C. § 470) and the procedures set forth in 36 C.F.R.
Part 800, Advisory Council on Historic Preservation Procedures for Protection of
Historic Properties, insofar as they apply to the performance of this Agreement. In
general, this requires concurrence from the State Historic Preservation Office for
all rehabilitation and demolition of historic properties that are fifty (50) years old or
older, or that are listed or eligible for the National Register of Historic places, or
places included on any state or local historic property inventory or any
archaeological findings.
9.5 Release of Funds (ROF) - No funds may be encumbered prior to the completion
of the Environmental Review. The Environmental Review Record (ERR) must be
completed before any funds are obligated. Funding also is conditioned upon the
completion of the ERR of every activity site by address. The responsibility for
certifying the appropriate Environmental Review Record and ROF shall rest with
the County. It is the responsibility of the Subrecipient to notify the County, and to
refrain from making any commitments and expenditures on a site until a Release
of Funds has been issued by the County. Failure to meet these conditions will
mean that requested funds will not be disbursed.
10.0 TIMELY IMPLEMENTATION
The Subrecipient agrees that timely implementation of the Work Statement is essential.
The Subrecipient agrees that implementation of activities including design/development
or construction (or both) shall commence not later than 60 calendar days after the
execution of this Agreement.
11.0 OPERATION & MAINTENANCE
Upon completion of the Work Statement, the Subrecipient shall assume sole responsibility
for continuing operation and maintenance of the activity described in Work Statement.
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12.0 OFFSET FOR DAMAGES
In addition to all other remedies at law or equity, the County may offset from any money
due to the Subrecipient any amounts the Subrecipient owes to the County for damages
resulting from breach or deficiencies in performance of the Agreement.
13.0 ADDITIONAL CERTIFICATIONS AND WARRANTIES
13.1 The Subrecipient certifies and warrants that it hereby undertakes the same
obligations as the County has undertaken to HUD pursuant to the Annual Action
Plan and Assurances. The Subrecipient shall hold the County harmless and
indemnify it against any damages or other liabilities that the Subrecipient may incur
with respect to HUD as a result of any failures on the part of the Subrecipient to
comply with the requirements of any such obligations.
13.2 The Subrecipient shall sign Attachments A - Certification for a Drug-Free
Workplace; B- Certification of Payments to Influence Federal Transactions; and C
– Specific CDBG Certifications.
13.3 The obligations undertaken by the Subrecipient are further clarified in the Section
5 Attachments. These certifications include, but are not limited to:
13.3.1 The Housing and Community Development Act of 1974 (P.L. 93-383) as
amended by the Housing and Urban Rural Recovery Act of 1983 (P.L. 98-
181), Housing and Community Development Act of 1987, and Cranston-
Gonzalez National Affordable Housing Act (P.L. 101-625);
13.3.2 Regulations of the Department of Housing and Urban Development relating
to Community Development Block Grants (Title 24, Chapter V, Part 570 of
the Code of Federal Regulations (C.F.R.), commencing at Section 570.1);
13.3.3 Title VI of the Civil Rights Act of 1964 (P.L. 88-352) as amended; Title VIII
of the Civil Rights Act of 1968 (P.L. 90-284) as amended; Section 109 of
the Title I of the Housing and Community Development Act of 1974 as
amended; Equal Opportunity in Housing Executive Order 11063, as
amended; and any HUD regulations previously issued or to be issued to
implement these authorities related to Civil Rights;
13.3.4 The requirements of the Office of the General Counsel Executive Orders
11625 and 12432, regarding Minority Business Enterprise, and 12138
regarding Women’s Business Enterprise, and regulations in 2 C.F.R. §
200.321 and Section 281 of the National Housing Affordability Act.
13.3.5 Section 504 of the Rehabilitation Act of 1973 as amended and the
Americans With Disabilities Act, of 1990;
13.3.6 Fair Housing Amendments Act of 1988;
13.3.7 The Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970 (P.L. 91-646) and the Uniform Relocation Act Amendments of
1987 (Title IV, P.L. 100-17, April 2, 1987 and regulations adopted to
implement that Act pursuant thereto 24 C.F.R. Part 42 as amended;
13.3.8 The Architectural Barriers Act of 1969 (42 U.S.C. §§ 4151-4157);
13.3.9 The Hatch Act relating to the conduct of political activities (Chapter 15 of
Title 5, U.S.C.);
13.3.10 Section 902 of the Housing and Community Development
Amendments of 1978 (P.L. 95-557);
13.3.11 Equal Employment Opportunity Executive Order 11246 and the
regulations issued pursuant to it (41 C.F.R. Chapter 60) relating to
nondiscrimination in employment and contracting opportunities;
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13.3.12 The Labor Standards Regulations set forth in 24 C.F.R., Part
570.603; the Davis-Bacon Act as amended; the provisions of Contract
Work Hours and Safety Standards Act; the Copeland “Anti-Kickback” Act
(40 U.S.C. § 276a-276a-5; 40 U.S.C. § 327 and 40 USC § 276c) and all
other applicable federal, state, and local laws and regulations pertaining to
labor standards insofar as those acts apply to the performance of this
Agreement. The Subrecipient shall maintain documentation that
demonstrates compliance with hour and wage requirements of the Davis-
Bacon Act 24 C.F.R., Part 570.603, as amended. Such documentation
shall be made available to the County for review upon request;
13.3.13 Executive Order 13166 entitled “Improving Access to Services for
Persons with Limited English Proficiency” pursuant to Title VI of the Civil
Rights Act; and
13.3.14 The Drug-Free Workplace Act of 1988 as it applies to this activity;
13.3.15 The Subrecipient shall warrant and cause its Subcontractors to
warrant compliance with immigration laws and regulations at A.R.S. §§ 41-
4401 and 23-214.
13.3.16 Subrecipients that are governmental entities (including public
agencies) shall comply with the requirements and standards of:
13.3.16.1 2 C.F.R. § 225, "Cost Principles for State, Local and Indian
Tribal Governments", and
13.3.16.2 2 C.F.R. § Part 200 including Subpart D – Post Federal
Award Requirements, Subpart E – Cost Principles, and
Subpart F – Audits.
13.3.17 Subrecipients that are non-profits shall comply with the
requirements and standards of:
13.3.17.1 2 C.F.R. Part 230, "Cost Principles for Nonprofit
Organizations", or 2 C.F.R. 220, "Cost Principles for
Educational Institutions", as applicable,
13.3.17.2 OMB Circular A-134, “Financial Accounting Principles and
Standards” and
13.3.17.3 2 C.F.R. § Part 200, including Subpart D – Post Federal
Award Requirements, Subpart E – Cost Principles, and
Subpart F – Audits. Audits shall be conducted annually.
13.3.18 The Parties agree that this Agreement and the terms, conditions,
and sums payable under this Agreement are subject to any changes or
limitations which may be required by HUD and the CDBG Program
regulations.
13.3.19 This Agreement constitutes the entire agreement between the
Parties with respect to the subject matter of it, and all prior agreements,
representations, statements, and undertakings are hereby expressly
cancelled.
14.0 DISALLOWED COSTS
14.1 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,
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Section 2 Special Provisions
Subchapter e, Part 31therein will not be submitted for reimbursement by the
Subrecipient and may not be reimbursed with County funds.
14.2 The Subrecipient shall follow cost principles as outlined in Office of Management
and Budget (OMB) Uniform Guidance 2 C.F.R. § 200.
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SECTION 3
WORK STATEMENT
Maricopa County
Human Services Department
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Section 3 Work Statement
1.0 SCOPE OF WORK
The Subrecipient shall provide Emergency Shelter Services for homeless persons in the
Northwest Valley and shall comply with the following service requirements:
1.1 Facility
1.1.1 Operate a shelter facility or facilities, located at the Maricopa County
Assessor Parcel No. 501-22-089, 12763 West Grand Avenue, Surprise,
Arizona, to serve people experiencing homelessness or at risk of
homelessness.
1.1.2 Comply with applicable state and local zoning, fire, environmental, health,
and safety standards and regulations.
1.1.3 Ensure each facility is safe, secure, clean, and in good repair, and each
building has proper ventilation and heating/cooling systems.
1.1.4 Ensure clients have access to basic needs and access to services.
1.1.5 Maintain a fire safety and emergency evacuation plan for clients, staff, and
volunteers.
1.1.6 Offer, if available, showers.
1.1.7 Ensure that staff have the appropriate training/access to first aid equipment
and supplies are available in case of a medical emergency.
1.1.8 Maintain adequate staff to provide for the supervision and well-being of
clients at all times.
1.1.9 Provide equal access to programs and services for individuals with
disabilities in compliance with the Americans with Disabilities Act.
1.1.10 Provide reasonable accommodations for clients in one or more of the
following categories: visual impairments, hearing impairments, mobility
impairments, and mental impairments.
1.1.11 Comply with the Fair Housing Act.
1.2 Implementation
1.2.1 Begin sheltering clients a minimum of 2 nights a week within 3 months of
the Agreement Start Date with the ability/capacity to serve twelve
individuals per night.
1.2.2 Provide shelter to clients a minimum of 7 nights a week within 8 months of
contract implementation and either maintain or increase that level of
services for the remainder of the contract year.
1.3 Administration
1.3.1 Maintain a daily census of residents in the facility using the Homeless
Management Information System (HMIS) database collection system.
1.3.2 Hire, manage, train, and terminate staff as necessary, in accordance with
the Subrecipient’s established policies and procedures.
1.3.3 Ensure staff training commensurate with role and responsibility.
1.3.4 Maintain a policy manual that includes: the program mission and goals,
shelter policy and procedures, population served, case management policy
and procedures, non-discrimination policy, fingerprinting procedures,
confidentiality statement, rules and procedures, and client termination
policies.
1.3.5 Maintain a daily census of residents in the facility using the Homeless
Management Information System (HMIS) database collection system.
1.3.6 Provide client level records to the County, including HMIS data records
through the HMIS system, in accordance with approved Maricopa Regional
Continuum of Care (CoC) data sharing policies and procedures.
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Section 3 Work Statement
1.3.7 Report any incidents that may involve a liability issue or may leave the
County open for public scrutiny by contacting the Assistant Director as soon
as possible following occurrence/notification.
1.3.8 Maintain a log of any client whose personal items are stored on site, if
applicable.
1.4 Client Data - The Subrecipient shall maintain client data:
1.4.1 Demonstrating client eligibility for services provided. Such data shall
include, but not be limited to, client name, address, income level, or other
basis for determining eligibility, and
1.4.2 Required to meet reporting requirements including client race and
ethnicity, and a description of the service(s) provided.
1.4.3 The Subrecipient will input all client data into HMIS.
1.5 Case Management
1.5.1 Establish and maintain eligible homeless certification within 72 hours of
entry.
1.5.2 Provide written policies and procedures for the Case Management
program, including eligibility criteria, enrollment, and assignment protocols.
1.5.3 Collect and maintains documents for housing readiness and coordination
for, at a minimum, all clients enrolled in Case Management service.
1.6 Program Reports
1.6.1 The Subrecipient’s monthly payment request for reimbursement is due on
the 15th day following the end of the month being reported (i.e., February
15th for January report) and will include:
1.6.1.1 Contract Payment Request,
1.6.1.2 HMIS 0323 Demographic Report, and
1.6.1.3 HMIS 0550 Exit Destination Report.
1.6.2 The Subrecipient will provide any other report as requested by the County,
including aggregate or client level data, through the HMIS System and
according to approved CoC Data Sharing agreements. Such reporting shall
be for the purposes of improving access to service. The County reserves
the right to add, remove, or revise reporting requirements at its discretion.
1.6.3 The Subrecipient will provide read-only access to the project in HMIS for
the purpose of monitoring client files no more than once per quarter. The
Subrecipient is responsible for notifying the HMIS Lead Agency and
granting access to the County within 3 business days after receipt of
monitoring notice.
1.7 Collaboration efforts
1.7.1 Collaborate with other shelter service providers to deliver services for other
homeless individuals.
1.7.2 Partner with other Homeless Service Providers to ensure that a diverse
array of services is available to clients.
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SECTION 4
COMPENSATION
Maricopa County
Human Services
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Section 4 Compensation
1.0 COMPENSATION
Subject to the availability and authorization of funds for the explicit purposes set forth in
this Agreement, County shall pay the Subrecipient compensation for services rendered.
2.0 REIMBURSEMENT
2.1 During the term of this Agreement, the maximum amount of compensation due to
the Subrecipient from the County, for services performed by the Subrecipient for
the obligations and duties in this Agreement, shall not exceed the amounts listed
in the Operating Budget.
2.2 The Subrecipient shall submit monthly request for reimbursement by the 15th
calendar day of the month following the Subrecipient’s month close out.
2.3 Monthly Payments shall be made to the Subrecipient upon receipt of the following
documentation:
2.3.1 Expenses for the Surprise West Valley shelter operating costs, and
2.3.2 Sufficient backup attached to the Claim, such as a General Ledger or
detailed Expenditure Report, with the included charges circled or
highlighted.
2.4 All requests for reimbursements shall be submitted to:
HSDFINANCE@MARICOPA.GOV
2.5 The final request for reimbursement must be received by the 15th day of July.
2.6 The County shall reimburse the Subrecipient on a net “0” payment standard.
3.0 FUNDING
3.1 The Catalog of Federal Domestic Assistance (CFDA) is a government-wide
collection of Federal programs, projects, services, and activities that provide
assistance or benefits to the American public. The CFDA contains financial and
nonfinancial assistance programs administered by departments and
establishments of the Federal government.
3.2 Activities and programs to be administered under this Agreement shall be funded
through the following CFDA funds:
3.2.1 $200,000 Community Development Block Grant-CV 14.218, and
3.2.2 $100,000 Maricopa County General Funds.
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Section 4 Compensation
OPERATING BUDGET
Maricopa Maricopa
City of
County County Total Project
Itemized Budget Surprise
CDBG-CV GF Funds Cost ($)
Funds ($) ($)
A & E $25,000 $25,000
Construction Costs $500,000 $500,000
PM & Planning $10,000 $10,000
Professional Services $15,000 $15,000
Total Rehab & Facility $0 $550,000 $550,000
Salary & Related $90,000 $110,000 200,000
Outreach & Marketing $1,200 $1,200
Postage & Supplies $4,500 $4,500
Travel & Training $1,500 $1,500
Communications $9,800 $9,800
Insurance $10,000 $10,000
Occupancy $35,000 $35,000
Equipment & Supplies $13,000 $20,000 $33,000
Client Expenses $5,000 $5,000 $10,000
Program Expenses $10,000 $10,000
Total Program & Facility Operations $90,000 $180,000 $45,000 315,000
Management & General (Indirect 10% Max) $10,000 $20,000 $5,000 $35,000
Total $100,000 $200,000 $600,000 $900,000
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SECTION 5
ATTACHMENTS
Maricopa County
Human Services
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Section 5 Attachments
ATTACHMENT A
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Maricopa County Human Services Department
City of Surprise – Emergency Shelter Services, CDBGCV

Section 5 Attachments
ATTACHMENT B
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Maricopa County Human Services Department
City of Surprise – Emergency Shelter Services, CDBGCV

Section 5 Attachments
ATTACHMENT C
Specific CDBG Certifications
The Subrecipient certifies that:
Citizen Participation -- It is in full compliance and following a detailed citizen participation plan
that satisfies the requirements of 24 C.F.R. § 91.105.
Community Development Plan -- Its consolidated housing and community development plan
identifies community development and housing needs and specifies both short-term and long-
term community development objectives that provide decent housing and expand economic
opportunities primarily for persons of low- and moderate-income. (See 24 C.F.R. Part 91 and 24
C.F.R. Part 570).
Following a Plan -- It is following a current consolidated plan (or Comprehensive Housing
Affordability Strategy) that has been approved by HUD.
Use of Funds -- It has complied with the following criteria:
1. Maximum Feasible Priority. With respect to activities expected to be assisted with CDBG
funds, it certifies that it has developed its Action Plan so as to give maximum feasible
priority to activities which benefit low- and moderate-income families or aid in the
prevention or elimination of slums or blight. The Annual Action Plan may also include
activities which the subrecipient certifies are designed to meet other community
development needs having an urgency because existing conditions pose a serious and
immediate threat to the health or welfare of the community, and other financial resources
are not available;
2. Overall Benefit. The aggregate use of CDBG funds including Section 108 (See 24 C.F.R.
Part 570, Subpart M) guaranteed loans during program year(s) 2018, 2019, and 2020 (a
period specified by the Subrecipient consisting of one, two, or three specific consecutive
program years), shall principally benefit persons of low- and moderate-income in a manner
that ensures that at least 70 percent of the amount is expended for activities that benefit
such persons during the designated period; and
3. Special Assessments. It shall not attempt to recover any capital costs of public
improvements assisted with CDBG funds including Section 108 loan guaranteed funds by
assessing any amount against properties owned and occupied by persons of low and
moderate income, including any fee charged or assessment made as a condition of
obtaining access to such public improvements.
However, if CDBG funds are used to pay the proportion of a fee or assessment that relates to the
capital costs of public improvements (assisted in part with CDBG funds) financed from other
revenue sources, an assessment or charge may be made against the property with respect to the
public improvements financed by a source other than CDBG funds.
The jurisdiction shall not attempt to recover any capital costs of public improvements assisted
with CDBG funds, including Section 108, unless CDBG funds are used to pay the proportion of
fee or assessment attributable to the capital costs of public improvements financed from other
revenue sources. In this case, an assessment or charge may be made against the property with
respect to the public improvements financed by a source other than CDBG funds. Also, in the
case of properties owned and occupied by moderate-income (not low-income) families, an
assessment or charge may be made against the property for public improvements financed by a
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Maricopa County Human Services Department
City of Surprise – Emergency Shelter Services, CDBGCV

Section 5 Attachments
source other than CDBG funds if the jurisdiction certifies that it lacks CDBG funds to cover the
assessment.
Excessive Force -- It has adopted and is enforcing:
1. A policy prohibiting the use of excessive force by law enforcement agencies within its
jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and
2. A policy of enforcing applicable state and local laws against physically barring entrance to
or exit from a facility or location that is the subject of such non-violent civil rights
demonstrations within its jurisdiction.
Compliance with Anti-discrimination laws -- The grant shall be conducted and administered in
conformity with Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d), the Fair Housing Act
(42 U.S.C. §§ 3601-3619), and implementing regulations.
Lead-Based Paint -- Its notification, inspection, testing, interim controls, and abatement
procedures concerning lead-based paint shall comply with the requirements of 24 C.F.R.
§570.608.
Compliance with Laws -- It shall comply with applicable laws.
Signature/Authorized City Official Date
Printed/Typed Name Title
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Maricopa County Human Services Department
City of Surprise – Emergency Shelter Services, CDBGCV