TOWN OF GILA BEND 2021 CDBG IGA.PDF

INTERGOVERNMENTAL AGREEMENT
FOR SERVICES BETWEEN
MARICOPA COUNTY
ADMINISTERED BY ITS
HUMAN SERVICES DEPARTMENT
AND
THE TOWN OF GILA BEND
Contract Amount: $563,082
Contract Start Date:
Contract Termination Date: June 30, 2023
Contract Number:
Program Number: CDBG21GB
CFDA Number: 14.218- Community Development Block Grant
DUNS #: 086483542
This Intergovernmental Agreement (“Agreement”) is entered into by and between the Town of
Gila Bend (“Subrecipient”), and Maricopa County, administered by its Human Services
Department, (“County”). The Subrecipient and County are collectively referred to here as the
“Parties” and individually as a “Party.” The Subrecipient, for and in consideration of the covenants
and conditions set forth in this Agreement, shall provide and perform the services contained in it.
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 – Budget and Compensation
Section 5 – Attachments
Subrecipient Katherine Valenzuela Phone: (650) 222-3771
Representative:
Email: kvalenzuela@gilabend.org
Address: 644 W. Pima Street
Gila Bend, AZ 85337
Maricopa County Rachel Milne Phone: (602) 372-1528
Representative:
Assistant Director Email: rachel.milne@maricopa.gov
Address: 234 N. Central Avenue, 3rd
Floor
Phoenix, AZ 85004
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
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.
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This Agreement contains all the terms and conditions agreed to by the Parties. No other
understandings, oral or otherwise, regarding the subject matter of this Agreement shall be
deemed to exist or to bind the Parties. Nothing in this Agreement shall be construed as consent
to any lawsuits or waiver of any defenses in a lawsuit brought against the County or the
Subrecipient in any state or federal court.
IN WITNESS, the Parties have approved and signed this Agreement:
Approved By: Approved By:
THE TOWN OF GILA BEND MARICOPA COUNTY
___________________________________ _____________________________________
Chris Riggs Jack Sellers
Mayor Chairman, Board of Supervisors
___________________________________ ____________________________________
Date Date
Attested to: Attested to:
_____________________________________
Town Clerk Clerk, Board of Supervisors Date
________
Date 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
REVIEWED BY THE UNDERSIGNED BEEN REVIEWED BY THE UNDERSIGNED
ATTORNEY WHO HAS DETERMINED THIS ATTORNEY WHO HAS DETERMINED THIS
AGREEMENT IS PROPER IN FORM AND AGREEMENT IS PROPER IN FORM AND
WITHIN THE POWERS AND AUTHORITY WITHIN THE POWERS AND AUTHORITY
GRANTED TO THE TOWN OF GILA BEND GRANTED TO MARICOPA COUNTY UNDER
UNDER THE LAWS OF THE STATE OF THE LAWS OF THE STATE OF ARIZONA.
ARIZONA.
APPROVED AS TO FORM: APPROVED AS TO FORM:
_______
Attorney for the Town of Gila Bend 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 reconstruct W Norma Street’s
surface, installing ADA compliant sidewalks The County shall provide funding to the
Subrecipient with U.S. Department of Housing and Urban Development (HUD) Community
Development Block Grant (CDBG) funds for the provision of CDBG activities as identified in
Section 3 (Work Statement).
2.0 TERM
This Agreement shall commence and terminate on the dates listed on page 1 of this
Agreement. This Agreement shall become effective upon approval and signature by both
Parties.
3.0 RENEWAL
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, 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.
4.0 AMENDMENTS
All Amendments to this Agreement shall be in writing and signed by authorized signers for
both Parties.
5.0 TERMINATION
5.1 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.
5.2 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.
5.3 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
Agreement will terminate upon the expiration of the Term of this Agreement stated
on page 1 of this Agreement.
5.4 In accordance with 2 C.F.R. §§ 200, et seq., the County may suspend or terminate
this Agreement if the Subrecipient violates any term or condition of this Agreement
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Section 1 General Provisions
or if the Subrecipient fails to maintain a good-faith effort to carry out the purpose of
this Agreement.
5.5 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.
6.0 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.
7.0 DEFINITIONS
As used throughout this Agreement, the following terms shall have the following meanings:
7.1 Administrative Manual means the Community Development Advisory Committee
Policy Manual, September 20, 2017, as may be revised, for the administration of
CDBG grants.
7.2 Assistant Director means the Director of the Housing and Community
Development Division within the Human Services Department.
7.3 CDAC means the Community Development Advisory Committee.
7.4 Department means the Maricopa County Human Services Department.
7.5 Director means the Director of the Maricopa County Human Services Department.
7.6 Division means Housing and Community Development Division of the Human
Services Department.
7.7 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).
7.8 Minority Business Enterprise (MBE) means an entity which is majority owned or
controlled by a socially and economically disadvantaged individual as described by
Public Law. 95-507.
7.9 Pass-through entity (PTE) means a non-federal entity that provides a subaward to
a subrecipient to carry out part of a federal program.
7.10 Public Agency has the meaning prescribed by A.R.S. § 11-951.
7.11 Subcontract means any Agreement entered into by a Subrecipient with a third party
for performance of any of the work or provision of any of the services covered by
this Agreement.
7.12 Subcontractor means an entity funded through the Subrecipient to provide services
required by the Work Statement.
7.13 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
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form of legal agreement, including an agreement that the pass-through entity
considers a contract.
7.14 Subrecipient means a public or private nonprofit agency, authority or organization,
or an entity described in 24 C.F.R. 570.204 (c), to which a subaward is made and
which is accountable to the recipient for the use of the funds provided.
7.15 Vendor means an entity funded through the Subrecipient to provide services
required by the Work Statement.
7.16 Women’s Business Enterprise (WBE) means an entity in which a woman has
majority ownership and control.
7.17 Work Statement means Section 3 of this Agreement, which describes the services
to be delivered under this Agreement.
8.0 GENERAL REQUIREMENTS
8.1 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 lawsuit arising out of this Agreement shall be
brought in the appropriate court in Maricopa County, Arizona.
8.2 The Subrecipient shall, without limitation, obtain and maintain all licenses, permits
and authority necessary to do business, render services and perform work under
this Agreement, and shall comply with all laws regarding unemployment insurance,
disability insurance and worker's compensation.
8.3 The Subrecipient is an independent contractor in the performance of work and the
provision of services under this Agreement and is not to be considered an officer,
employee or agent of the County.
8.4 The Subrecipient shall comply with the regulations prohibiting a conflict of interest.
The Subrecipient shall not make any payments, either directly or indirectly, to any
person, partnership, corporation, trust, or other organization that has a substantial
interest in Subrecipient's organization or with which the Subrecipient (or any of its
directors, officers, owners, trust certificate holders, or a relative thereof) has a
substantial interest, unless the Subrecipient has made full written disclosure of the
proposed payments to the County and has received written approval for the
payments.
8.5 For purposes of this provision, the terms "substantial interest" and "relative" shall
have the meanings prescribed by A.R.S. § 38-502.
9.0 ACCEPTANCE OF FUNDS
Subrecipient hereby accepts the award of funds under the terms of this Agreement and
agrees to execute and return this Agreement to the County within thirty (30) days after
receipt, unless Subrecipient receives a written waiver of this requirement by the County.
10.0 ASSIGNMENT AND SUBCONTRACTING
10.1 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.
10.2 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.
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11.0 AVAILABILITY OF FUNDS
11.1 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, actually are available to the County for disbursement.
The County shall be the sole authority in determining the availability of funds under
this Agreement and the County shall keep the Subrecipient fully informed as to the
availability of funds.
11.2 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 Parties 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 Parties 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.
12.0 BUDGET ADJUSTMENTS
12.1 Any requests for reasonable budget adjustments shall be submitted ninety (90)
calendar days prior to the Termination Date of this Agreement. Requests for financial
adjustments to this Agreement shall be supported by appropriate documentation. If
the County agrees to the budget adjustments, the County shall follow Paragraph 4.0
above.
12.1 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 12.1.18. If a budget adjustment is necessary that either
increases or decreases the Agreement amount, then the County shall follow Section
1 (General Provisions), Paragraph 4.0 (Amendments) of this Agreement to amend
the Agreement.
13.0 DISPUTES
13.1 Except as may otherwise be provided for in this Agreement, the Parties may attempt
to informally resolve any dispute arising out of this Agreement for a reasonable
period of time, which shall not exceed one hundred twenty (120) calendar days.
Disputes which are not resolved in that time period, shall be submitted in accordance
with the following formal dispute resolution process.
13.2 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 o the basis of the dispute.
13.3 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 city files a written notice of appeal with the Human
Services Department Director.
13.4 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.
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13.5 Pending a final decision of the Director, the Subrecipient shall diligently proceed with
its performance of this Agreement in accordance with the Assistant Director’s
decision.
14.0 SEVERABILITY
Any provision of this Agreement that is determined to be invalid, void, or illegal by a court
shall in no way affect, impair, or invalidate any other provision of this Agreement, and the
remaining provisions shall remain in full force and effect.
15.0 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.
16.0 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.
17.0 AUDIT DISALLOWANCES
17.1 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.
17.2 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.
18.0 COMPETITIVE BID REQUIREMENTS
18.1 Equipment
If this Agreement is with other than a Public Agency, the Subrecipient shall obtain
all equipment to be utilized under this Agreement and purchased with funds provided
under this Agreement at the lowest practical cost in accordance with the following
competitive bidding system:
18.1.1 Procurements in excess of $300, but less than $1,000, require oral price
quotations from two or more vendors. The Subrecipient shall keep and
maintain a record of the vendors’ verbal quotations. The Subrecipient’s
award shall be made to the lowest bidder meeting specification requirements
concerning price, conformity to specifications, and other purchasing factors.
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18.1.2 Procurements exceeding an aggregate amount of $1,000 must be approved
by the Assistant Director. At least three (3) bidders shall be solicited to submit
written quotations. The Subrecipient shall solicit written quotations by issuing
a Request for Quotation to at least three (3) vendors. The award shall be
made to the lowest bidder meeting specification requirements concerning
price, conformity to specifications, and other purchasing factors.
18.2 Supplies
If this Agreement is with other than a Public Agency, then the Subrecipient shall
obtain all supplies to be utilized under this Agreement and purchased with funds
provided under this Agreement at the lowest practical cost and in accordance with a
system of written quotes whenever the price is expected to be greater than $300,
unless the Subrecipient obtains the Assistant Director’s prior written approval to
purchase supplies by an alternate method.
18.3 Minority, Women and Small Business Enterprises
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.
18.4 Bidding Procedures
If the Subrecipient is a Public Agency, then the Subrecipient's own bidding
procedures shall govern.
18.5 Procedures May Be Superseded
Funding source requirements relating to competitive bid procedures may supersede
any or all subparts of this clause and will be specified in the Special Provisions
section of this Agreement.
19.0 PROPERTY
19.1 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.
19.2 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.
20.0 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.
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21.0 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.
22.0 INSURANCE
22.1 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.
22.2 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.
22.3 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.
22.4 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.
22.5 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
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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.
22.6 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.
22.7 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.
22.8 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.
22.9 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.
22.10 Coverage provided by the Subrecipient shall not be limited to the liability assumed
under the indemnification provisions of this Agreement.
22.11 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.
22.12 Worker’s Compensation:
22.12.1Worker’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.
22.12.2Subrecipient 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.
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22.13 Sexual Molestation and Physical Abuse:
22.13.1When 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.
22.13.2The 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.
22.14 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.
22.15 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
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.
22.16 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.
22.17 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.
22.18 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.
22.19 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.
22.20 Subcontractor: The Subrecipient’s certificate(s) shall include all Subcontractors as
insureds under its policies or the Subrecipient shall furnish to the County separate
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certificates for each Subcontractor. All coverages for Subcontractors shall be subject
to the minimum requirements identified above.
22.21 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.
22.22 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.
23.0 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.
24.0 TECHNICAL ASSISTANCE
The County will provide reasonable technical assistance to the Subrecipient to assist in
complying with state and federal laws, and regulations, and accountability for diligent
performance and compliance with the terms and conditions of this Agreement and all
applicable laws, regulations and standards. However, this assistance in no way relieves the
Subrecipient of full responsibility and accountability for its actions and performance in
compliance with the terms of this Agreement.
25.0 STAFF AND VOLUNTEER TRAINING
The County may make available to the Subrecipient the opportunity to participate in any
applicable training activities conducted by the County.
26.0 CLEAN AIR ACT
If the total face value of this Agreement exceeds $100,000, the Subrecipient agrees to
comply with all regulations, standards and orders issued pursuant to the Clean Air Act of
1970, as amended (42 U.S.C. §§ 7401, et seq.), to the extent any are applicable by reason
of performance of this Agreement.
27.0 LOBBYING
27.1 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.
27.2 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
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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.
28.0 RELIGIOUS ACTIVITIES
The Subrecipient agrees 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.
29.0 POLITICAL ACTIVITY PROHIBITED
None of the funds, materials, property or services contributed by the County or the
Subrecipient or any Subcontractor under this Agreement shall be used for any partisan
political activity, or to further the election or defeat of any candidate for public office.
30.0 COVENANT AGAINST CONTINGENT FEES
The Subrecipient warrants that no person or entity has been employed or retained 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.
31.0 SAFEGUARDING OF PARTICIPANT INFORMATION
31.1 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.
31.2 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.
32.0 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. Either
Party shall supply to the other Party, upon request, any such available information that is
relevant to this Agreement and to the performance under it.
33.0 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.
34.0 AGREEMENT COMPLIANCE MONITORING/AUDITING
34.1 The County will monitor the Subrecipient's compliance with, and performance under,
the terms and conditions of this Agreement and the applicable federal regulations
promulgated by HUD. On-site visits for compliance monitoring may be made by the
County and its grantor agencies (or both the County and its grantor agencies) at any
time during the Subrecipient's normal business hours, announced or unannounced.
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During an on-site visit, 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.
34.2 The County shall request information for monitoring/audit per Office of Management
and Budget (OMB) Uniform Guidance 2 C.F.R. § 200, to include:
34.2.1 Financial Management 2 C.F.R. § 200.302
34.2.2 Internal Controls 2 C.F.R. § 200.303
34.2.3 Bonds 2 C.F.R. § 200.304
34.2.4 Payment and Financial Reporting 2 C.F.R. § 200.305
34.2.5 Cost Sharing or Matching 2 C.F.R. § 200.306
34.2.6 Program Income 2 C.F.R. § 200.307
34.2.7 Revision of Budget and Program Plans 2 C.F.R. § 200.308
34.2.8 Period of Performance 2 C.F.R. § 200.309
34.2.9 Insurance Coverage 2 C.F.R. § 200.310
34.2.10 Record Retention and Access 2 C.F.R. § 200.31
34.2.11 Procurement Standards 2 C.F.R. § 200.318
34.2.12 Indirect Costs 2 C.F.R. § 200.414
34.2.13 Compensation-Personal Services 2 C.F.R. § 200.430
34.2.14 Audit Requirements 2 C.F.R. § 200.501-200.517
35.0 CONTINGENCY RELATING TO OTHER AGREEMENTS AND GRANTS
35.1 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.
35.2 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.
35.3 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.
36.0 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.
37.0 RECOGNITION OF COUNTY SUPPORT
The Subrecipient shall give recognition to the County and the funding source for its support
when the Subrecipient publishes materials or releases public information that is paid for in
whole or in part with funds received by the Subrecipient under this Agreement.
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38.0 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
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.
39.0 NONDISCRIMINATION, EQUAL OPPORTUNITY AND EQUAL ACCESS
39.1 The Subrecipient, in connection with any service or other activity 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.
39.2 The Subrecipient shall comply with requirements of the Housing and Urban
Development Equal Access Rule at 24 C.F.R. Part 5, Final Rule 5863, to ensure
equal access to housing and services regardless of gender identity.
40.0 DISABILITY REQUIREMENTS
The Subrecipient agrees that any electronic or information technology offered under this
Agreement shall comply with A.R.S. §§41-2531 and 41-2532 and Section 508 of the
Rehabilitation Act of 1973, which requires that employees and members of the public shall
have access to and use of information technology that is comparable to the access and
use by employees and members of the public who are not individuals with disabilities.
41.0 EQUAL EMPLOYMENT OPPORTUNITY
41.1 The Subrecipient shall not discriminate against any employee or applicant for
employment because of race, age, disability, color, religion, sex, sexual identity,
gender identity, or national origin.
41.2 The Subrecipient shall take affirmative action to ensure 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.
41.3 The Subrecipient shall and shall cause its Subcontractors to comply with:
41.3.1 Title VI and VII of the Civil Rights Act of 1964, as amended (42 U.S.C. §§
2000a, et seq.);
41.3.2 the Rehabilitation Act of 1973, as amended (29 U.S.C. §§ 701, et seq.);
41.3.3 the Age Discrimination in Employment Act of 1967, as amended (29 U.S.C.
§§ 621, et seq.);
41.3.4 the Americans With Disabilities Act of 1990 (42 U.S.C. §§ 12101, et seq.);
and
41.3.5 Arizona Executive Order 2009-09, as amended, et seq. which mandates that
all persons shall have equal access to employment opportunities.
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42.0 UNIFORM ADMINISTRATIVE REQUIREMENTS
By entering into this Agreement, the Subrecipient agrees to comply with all applicable
provisions of Title 2, Subtitle A, Chapter II, Part 200—UNIFORM ADMINISTRATIVE
REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL
AWARDS contained in Title 2 C.F.R. §§ 200, et seq.
43.0 FINANCIAL MANAGEMENT
The Subrecipient shall establish and maintain a separate, interest-bearing bank account for
money provided under this Agreement, or 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 disposed
of in a manner specified by the County in accordance with applicable state 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 accord with generally accepted accounting principles.
44.0 RETENTION OF RECORDS
44.1 This provision applies to all financial and programmatic records, supporting
document, statistical records and other records of the Subrecipient that are related
to this Agreement.
44.2 The Subrecipient shall retain all records relevant to this Agreement for six (6) years
after final payment or until after the resolution of any audit questions which could be
more than six (6) years, whichever is longer, and the County, federal and state
auditors and any other persons duly authorized by the County shall have full access
to, and the right to examine, copy, and make use of any and all of the records.
45.0 ADEQUACY OF RECORDS
If the Subrecipient’s books, records and other documents related to this Agreement are not
sufficient to support and document that allowable services were provided to eligible
participants, then the Subrecipient shall reimburse the County for the services not supported
and documented.
46.0 IMMIGRATION LAWS AND REGULATIONS
46.1 Federal Immigration and Nationality Act
46.1.1 The Subrecipient understands and acknowledges the applicability of the
Immigration Reform and Control Act of 1986 (IRCA). The Subrecipient
agrees to comply with the IRCA in performing under this Agreement and to
permit the County to inspect personnel records to verify such compliance.
46.1.2 By entering into this Agreement, the Subrecipient warrant compliance with
the Federal Immigration and Nationality Act (FINA) and all other federal
immigration laws and regulations related to the immigration status of its
employees. The Subrecipient shall obtain statements from their
subcontractors certifying compliance and shall furnish the statements to
the County upon request. These warranties shall remain in effect through
the term of the Agreement. The Subrecipient and their subcontractors shall
also maintain Employment Eligibility Verification forms (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.
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46.1.3 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.
46.2 Arizona Law: The Subrecipient warrants that it is in compliance with A.R.S. § 41-
4401 (e-verify requirements) and further acknowledges that:
46.2.1 That then Subrecipient and its Vendors, if any, warrant their compliance with
all federal immigration laws and regulations that relate to their employees
and their compliance with A.R.S. § 23-214;
46.2.2 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
46.2.3 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.
47.0 DRUG FREE WORKPLACE ACT
The Subrecipient agrees to 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.
48.0 EMPLOYMENT DISCLAIMER
48.1 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.
48.2 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
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.
48.3 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 the Subrecipient civil service, the Subrecipient retirement, or the
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
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appurtenant thereto concerning such individuals and the County shall indemnify,
defend and hold harmless the Subrecipient with respect thereto.
49.0 CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY AND
VOLUNTARY EXCLUSION
49.1 The undersigned, by signing this Agreement, represents that he/she has the
authority to bind the 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:
49.1.1 Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any federal
department or agency;
49.1.2 Have not within a 3-year period preceding the Start Date of this Agreement,
been convicted of or had a civil judgment rendered against them for (1) the
commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (federal, State, or local)
transaction or contract under a public transaction; (2) the violation of any
federal or State antitrust statutes or (3) the commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
49.1.3 Are not presently indicted or otherwise criminally or civilly charged by a
governmental entity (federal, state, or local) with the commission of any of
the offenses enumerated in Sub-subparagraph 44.1.2 above; and
49.1.4 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.
49.2 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.
50.0 SUBRECIPIENT EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO
INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS:
50.1 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;
50.2 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
50.3 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).
51.0 WRITTEN CERTIFICATION PURSUANT TO A.R.S. § 35-393.01
If the Subrecipient engages in for-profit activity and has 10 or more employees, and if this
Agreement has a value of $100,000 or more, then the Subrecipient certifies it is not
currently engaged in, and agrees for the duration of this Agreement not to engage in, a
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boycott of goods and services from Israel. This certification does not apply to a boycott
prohibited by 50 U.S.C. § 4842 or a regulation issued pursuant to 50 U.S.C. § 4842.
52.0 SURVIVAL
The indemnification, hold harmless, defense, and non-liability provisions of this Agreement
shall have full force and effect notwithstanding any other provisions in this Agreement and
shall survive the termination or expiration of this Agreement.
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SECTION 2
SPECIAL PROVISIONS
Maricopa County
Human Services
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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
requires 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 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:
4.1 Audited financial statements prepared in accordance with federal single audit
requirements; or
4.2 Financial statements of the CDBG program prepared in accordance with generally
accepted accounting principles audited by an independent certified public
accountant; or
4.3 A Comprehensive Annual Financial Report, prepared in accordance with generally
accepted accounting principles audited by an independent certified public
accountant.
5.0 PROGRAM INCOME
5.1 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:
5.1.1 sales/lease returns on investment; and
5.1.2 payments of principal and interest on loans.
5.2 Program Income received by the Subrecipient shall be tracked and returned to the
County as follows:
5.2.1 program income shall be tracked by the Subrecipient and accounted for in
a separate fund or account;
5.2.2 documentation supporting the amount of program income received shall be
submitted quarterly with the quarterly progress report;
5.2.3 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.
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5.3 Program income that is received after at the end of this Agreement shall be sent
to the County in accordance with 24 C.F.R. § 92.503 within 30 days of receipt.
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
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,
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Section 2 Special Provisions
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 ADMINISTRATIVE REQUIREMENTS
7.1 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).
7.2 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.
7.3 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
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.
7.4 Documentation and Record Keeping - The Subrecipient agrees to comply with this
Agreement and the following record keeping requirements:
7.4.1 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:
7.4.1.1 Records providing a full description of each activity undertaken;
7.4.1.2 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;
7.4.1.3 Records required for determining the eligibility of activities;
7.4.1.4 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);
7.4.1.5 Records that demonstrate citizen participation;
7.4.1.6 Records that demonstrate compliance regarding acquisitions,
displacement, relocation, and replacement housing;
7.4.1.7 Records documenting compliance with the fair housing and equal
opportunity components of the CDBG program;
7.4.1.8 Financial records as required by 24 C.F.R. Part 570.502, 2 C.F.R.
§ 200, and OMB Circulars;
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Section 2 Special Provisions
7.4.1.9 Other records necessary to document compliance with Subpart K
of 24 C.F.R. § 570; and
7.4.1.10 Records documenting compliance with Section 3 of the Housing
Development Act of 1968; and
7.4.2 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).
7.4.2.1 To obtain a DUNS Number use this link:
https://www.dnb.com/duns-number.html
7.4.2.2 For additional information on System for Award Management
(SAM) and, DUNS use this link:
https://www.sam.gov/SAM/pages/public/generalInfo/aboutSAM.jsf
7.4.3 Housing - Records that demonstrate compliance with deeds of trust,
promissory notes, and forgivable loans associated with owner occupied
housing activities.
7.4.4 Public Facilities - Records that demonstrate continuing ownership and
eligible use of facility according to CDBG regulations.
7.4.5 Outcome Measures – The Subrecipient shall maintain data that supports
the accomplishment of the desired outcomes as indicated in the Work
Statement.
7.4.6 Records Retention - The Subrecipient shall retain all records pertinent to
this Agreement for a period of six (6) years after all CDBG requirements
have been met. In the event of litigation, a claim, or an audit is begun before
the expiration of this retention period, said records shall be retained until
all such action or audit findings involving the records have been resolved.
7.4.7 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.
7.4.8 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.
7.4.9 Audits and Inspections - All Subrecipient records with respect to any
matters covered by this Agreement shall be made available to the County,
their 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 calendar 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.
7.4.10 The Subrecipient hereby agrees to have an Annual Audit conducted in
accordance with Administrative Manual. The Annual Audit requirement is
applicable regardless of the amount of funding received by Subrecipients
via this Agreement.
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Section 2 Special Provisions
7.5 Reporting
7.5.1 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:
7.5.1.1 Monthly Performance Report, Project Schedule Update, and
Household Demographics Report in the forms and content as
required by the County, as indicated on the forms. Monthly
Performance Reports shall be due on the 15th of the month,
addressing activities of the proceeding month. If there has been no
activity, then the reports need to explain why. Failure to submit
timely reports will result in suspension of payment for
reimbursement requests until all reports are brought current.
7.5.1.2 Minority Business Enterprise/Women Business Enterprise
(MBE/WBE) information; and
7.5.1.3 Other HUD-required reporting data as applicable shall be
submitted.
7.5.2 Continuing Use Requirements - If the activity is a public facility, the
Subrecipient shall provide the County, on an annual basis, a Certificate of
Use Statement certifying that the facility is being used to meet a national
objective and eligible activity.
7.5.3 Program Income – The Subrecipient agrees to comply with the quarterly
and annual program income reporting requirements of 24 C.F.R. 570.504
and the Administrative Manual. 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. Subrecipient shall account for program income and maintain a
separate account for these funds. Program income shall be retained by the
Subrecipient and shall be used only for CDBG eligible activities as outlined
in the HUD CDBG regulations and the Administrative Manual. The
Subrecipient further agrees that these funds shall be utilized to pay for
CDBG activities prior to requesting any reimbursement from County for any
CDBG activities.
7.6 Performance Monitoring - The County shall monitor the Subrecipient to determine
if CDBG 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.
7.7 Subcontracts
7.7.1 Approvals - The Subrecipient shall not commit to any pre-contract costs or
enter into any Subcontract(s) with any agency or individual in the
performance of this Agreement without the Notice to Proceed from the
County. Execution of construction (Sub)contracts may not occur until a
letter stating the Subrecipient is not on the debarred list is received from
the County.
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Section 2 Special Provisions
7.7.2 DUNS Number: All Subcontractors shall have a valid DUNS number and
an active profile in the federal System for Award Management (SAM).
7.7.3 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.
7.7.4 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.
7.7.5 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.
8.0 POLICY/ADMINISTRATIVE MANUALS USE
By executing this Agreement, the Subrecipient acknowledges receipt of and agrees to be
familiar with and comply with the policies/procedures established in the most recent CDBG
and CDAC Policy Manual, dated September 20, 2017, as may be revised.
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
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 USC § 7401, et seq., as amended.
9.2.2 Federal Water Pollution Control Act, as amended, 33 USC § 1251, et seq.,
as amended, 1318 relating to inspection, monitoring, entry, reports and
information, as well as other requirements specified in said Section 114
and Section 308 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 USC § 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
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Section 2 Special Provisions
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 ACTIVITY COMPLETION
Upon the final payment to the Subrecipient by the County, the activity shall be considered
complete. Upon completion of the Work Statement, all unspent CDBG resources shall be
returned to the CDBG unprogrammed funds account. The Subrecipient shall continue to
be responsible for compliance activities for the life of the assisted activity. The close-out
letter generated by the County shall detail these responsibilities and shall be sent to the
Subrecipient. The Subrecipient agrees to comply with the stipulations in the close-out
letter that addresses responsibilities after the close of an activity.
12.0 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.
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.
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Section 2 Special Provisions
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 Title 24, C.F.R. Part 42 as amended;
13.3.8 The Architectural Barriers Act of 1969 (42 U.S.C. Section 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;
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.
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Section 2 Special Provisions
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 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 shall be approved
and fully executed by the Chairman of the Board of Supervisors and the
City. Administrative Change Orders may address any of the following
areas:
13.3.18.1 Modifications to the project timeline if the last day of the
project timeline is within the Agreement term;
13.3.18.2 Modifications to Budget line items if the Agreement Amount
remains unchanged;
13.3.18.3 Modifications required by federal, state, or County
regulations, ordinances, or policies; and
13.3.18.4 Modifications to Administrative requirements such as
changes in reporting periods, frequency of reports, or report
formats required by HUD or local regulations, policies or
requirements.
13.3.19 It is the responsility of the Subrecipient to ensure the latest
documents are consulted and followed.
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Maricopa County Human Services Department
Town of Gila Bend – Sidewalk Improvement Project Phase II CDBG21GB

SECTION 3
WORK STATEMENT
Maricopa County
Human Services
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Section 3 Work Statement
1.0 SPECIAL FEDERAL AND PROJECT PROVISIONS
1.1. Program Activity: The Subrecipient agrees to implement the activity fully as
described in:
1.1.1. This Work Statement in accordance with the terms of the 2020-25 Five-
Year Consolidated Plan,
1.1.2. The 2021-22 Action Plan submitted by the County to HUD for funds to carry
out the activity,
1.1.3. The Subrecipient’s application for funding, as approved by CDAC,
1.1.4. The Certifications which were submitted concurrently with the Annual
Action Plan to HUD, and with
1.1.5. Any Cooperation Agreements between the Subrecipient and the County
(as applicable).
2.0 SCOPE OF WORK- Norma St.
2.1 Project Description: The Subrecipient shall reconstruct W Norma Street between
Dodson and Johnny streets. The project includes reconstructing the street surface,
installing ADA compliant sidewalks.
2.2 Project Purpose: The street surface condition has detoriated and is beyond its
usefulness. The installation of sidewalks will provide a safe way for residents to
walk to locations in the Town.
2.3 Project Beneficiaries:
2.4 Project Staff: The Subrecipient shall maintain staff qualified to perform the duties
of the project. The Subrecipient shall immediately notify the County regarding any
changes in staff committed to the CDBG project. The County reserves the right to
review the qualifications of new staff committed to the CDBG project after the
execution of this Agreement.
2.5 Subcontractors: The Subrecipient shall select Subcontractors in accordance with
Administrative Requirement of this Agreement. The Subrecipient shall contract
with responsible and qualified Subcontractors to perform the duties of the project.
The Subrecipient shall verify the qualifications of each Subcontractor through
license verification, references, and SAM.gov.
3.0 SCOPE OF WORK – Booster Station
3.1 Project Description: The Subrecipient shall purchase and install a equipment at the
Town’s water booster station which supplies water to the Town’s Butterfiled Trail
neighbohood. The current equipment has been in use since the 1990’s and has
detoriated and is under sized for the current demand.
3.2 Project Purpose: The project will supply the Town with water and new equipment
will improve the reliability for the booster station.
3.3 Project Beneficiaries: The project directly supports the public health and safety of
245 Gila Bend residents living in low-to-moderate income households.
3.4 Project Staff: The Subrecipient shall maintain staff qualified to perform the duties
of the project. The Subrecipient shall immediately notify the County regarding any
changes in staff committed to the CDBG project. The County reserves the right to
review the qualifications of new staff committed to the CDBG project after the
execution of this Agreement.
3.5 Subcontractors: The Subrecipient shall select Subcontractors in accordance with
Administrative Requirement of this Agreement. The Subrecipient shall contract
with responsible and qualified Subcontractors to perform the duties of the project.
The Subrecipient shall verify the qualifications of each Subcontractor through
license verification, references, and SAM.gov.
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Section 3 Work Statement
4.0 IMPLEMENTATION SCHEDULE – Norma Street Reconstruction
Activity Duration Start End
Scope of Work 30 days September 1, 2021 September 30, 2021
Bidding & Contract 60 days October 1, 2021 December 1, 2021
Approval
Construction 180 days January 1, 2022 June 30, 2021
Closeout 10 days July 1, 2022 July 10, 2022
5.0 IMPLEMENTATION SCHEDULE – Booster Station Upgrades
Activity Duration Start End
Scope of Work 30 days September 1, 2021 September 30, 2021
Bidding & Contract 60 days October 1, 2021 December 1, 2021
Approval
Construction 180 days January 1, 2022 June 30, 2021
Closeout 10 days July 1, 2022 July 10, 2022
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Maricopa County Human Services Department
Town of Gila Bend – Sidewalk Improvement Project Phase II CDBG21GB

SECTION 4
BUDGET AND COMPENSATION
Maricopa County
Human Services
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Section 4 Budget and Compensation
1.0 BUDGET
Activity Budget
Norma Street Reconstruction $525,582.00
Booster Station Upgrades $ 37,500.00
Total $563,082.00
2.0 COMPENSATION
2.1 The County shall provide financial assistance in an amount not to exceed the
amount listed on page 1 of this Agreement and subject to the terms of this
Agreement and availability of funds.
2.2 Subject to the availability and authorization of funds for the explicit purposes set
forth in the Work Statement, the County will pay the Subrecipient compensation
for services rendered as indicated in the following subsections.
2.3 The Subrecipient shall be reimbursed utilizing Catalog of Federal Domestic
Assistance (CFDA):14.218, Community Development Block Grant (CDBG)
provided to the County through the U.S. Department of Housing and Urban
Development (HUD).
2.4 The County shall reimburse the Subrecipient on a net “0” payments standard.
3.0 METHOD OF PAYMENT
3.1 The Subrecipient agrees to submit monthly reimbursement requests to County
unless monthly expenditures for the activity do not exceed One Thousand Dollars
($1,000.00). County agrees to reimburse Subrecipient for actual allowable costs
incurred, upon certification of Release of Funds and submittal by Subrecipient of
an itemized statement of actual expenditures incurred, supported by back up
documentation such as:
3.1.1 invoices and copies of checks showing payment of invoices and/or
3.1.2 timesheets showing hours worked on eligible activities.
3.2 The Subrecipient shall submit to the County a Request for Reimbursement of all
expenditures within the same fiscal year in which the expenditures are incurred.
The fiscal year runs July 1st through June 30th and all Requests for
Reimbursement shall be submitted no later than July 30th for the preceding fiscal
year.
3.3 All request for reimbursement shall be submitted to:
HSDFINANCE@MARICOPA.GOV.
3.4 Reimbursement by County is not to be construed as final in the event that HUD
disallows reimbursement for the activity or any portion thereof. Funds not
expended in implementing this CDBG activity or upon completion of the activity
shall be returned to the CDBG unprogrammed funds account as provided by the
Administrative Manual. Request for reimbursement must be made using the
Request for Reimbursement form provided by the County.
4.0 DISALLOWED COSTS
4.1 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 4 Budget and Compensation
Subchapter e, Part 31therein will not be submitted for reimbursement by the
Subrecipient and may not be reimbursed with County funds.
4.2 The Subrecipient shall follow cost principles as outlined in Office of Management
and Budget (OMB) Uniform Guidance 2 C.F.R. § 200.
5.0 FINAL REIMBURSEMENT UPON CONTRACT TERMINATION
5.1 Prior to termination of this Agreement, at the date identified on page 1 of this
Agreement, or as may be amended, the Subrecipient shall submit the final
reimbursement request.
5.1.1 This request shall be submitted no later than 30 calendar days after the
termination date except as noted immediately below.
5.1.2 If the termination date is between June 10 and June 30, then the final
reimbursement request shall be submitted by July 10th.
5.1.3 The final progress report, and any other required reports that may be
applicable, such as the program income report, shall be submitted with the
final reimbursement request.
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Maricopa County Human Services Department
Town of Gila Bend – Sidewalk Improvement Project Phase II CDBG21GB

SECTION 5
ATTACHMENTS
Maricopa County
Human Services
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Town of Gila Bend – Sidewalk Improvement Project Phase II CDBG21YT

Section 5 Attachments
ATTACHMENT 1
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Maricopa County Human Services Department
Town of Gila Bend – Sidewalk Improvement Project Phase II CDBG21GB

Section 5 Attachments
ATTACHMENT 2
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Maricopa County Human Services Department
Town of Gila Bend – Sidewalk Improvement Project Phase II CDBG21GB

Section 5 Attachments
ATTACHMENT 3
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 subericpeint 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
Town of Gila Bend – Sidewalk Improvement Project Phase II CDBG21GB

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 Town Official Date
Printed/Typed Name Title
Subrecipient Name
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Maricopa County Human Services Department
Town of Gila Bend – Sidewalk Improvement Project Phase II CDBG21GB