IGA WITH CITY OF EL MIRAGE CDBG.PDF

INTERGOVERNMENTAL AGREEMENT
FOR SERVICES BETWEEN
MARICOPA COUNTY
ADMINISTERED BY ITS
HUMAN SERVICES DEPARTMENT
AND
THE CITY OF EL MIRAGE
Contract Amount: $200,000
Contract Start Date: December 1, 2017
Contract Termination Date: December 2, 2019
Contract Number:
Program Number: DG1702
CFDA Number: 14.218, Community Development Block Grant
DUNS #: 073488231
This Intergovernmental Agreement (“Agreement”) is entered into by and between the (city/town) (hereinafter
referred to as the “Subrecipient”), and Maricopa County, administered by its Human Services Department,
(hereinafter referred to as the “County”). The Subrecipient and County are collectively referred to herein 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 set forth herein. All rights and
obligations of the Parties shall be governed by the terms of this Agreement, its exhibits, attachments, and
appendices, including any Subcontracts, Amendments, or Change Orders as set forth herein and in:
Section I – General Provisions
Section II – Special Provisions
Section III – Work Statement
Section IV – Compensation
Section V – Attachments
Subrecipient Representative: Autumn Grooms Phone: 623-876-2973
Assistant to City Email: agrooms@elmirageaz.gov
Manager / Grant Address: 10000 N El Mirage Rd.
Writer El Mirage, AZ 85335
Maricopa County Representative: Carl Morgan Phone: (602) 372-1529
Proj. Coordinator Email: morganc002@mail.maricopa.gov
Address: 234 N. Central Avenue, 3rd Floor,
Phoenix, AZ 85004
Notice under this Agreement shall be given 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 three
(3) days after being mailed unless otherwise indicated in the notice.
This Agreement contains all the terms and conditions agreed to by the Parties. No other understanding, oral or
otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any Party hereto.
Nothing in this Agreement shall be construed as consent to any lawsuit or waiver of any defense in a lawsuit
brought against the State of Arizona, County, or the Subrecipient in any State or federal court.
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IN WITNESS THEREOF, the Parties have signed this Agreement:
Approved By: Approved By:
SUBRECIPIENT MARICOPA COUNTY
Authorized Signature Chairman, Board of Supervisors
Date Date
Attested to: Attested to:
City/Town Clerk Fran McCarroll, Clerk, Board of Supervisors
Date Date
IN ACCORDANCE WITH A.R.S. § 11-952, THIS AGREEMENT HAS BEEN REVIEWED BY THE
UNDERSIGNED DEPUTY COUNTY ATTORNEY, AND, IN ACCORDANCE WITH A.R.S. § 11-
952, THIS AGREEMENT HAS BEEN REVIEWED BY THE UNDERSIGNED ATTORNEY FOR
SUBRECIPIENT ON BEHALF OF SUBRECIPIENT, AND, AS TO THEIR RESPECTIVE CLIENTS
ONLY, EACH ATTORNEY HAS DETERMINED THAT THIS AGREEMENT IS PROPER IN FORM
AND WITHIN THE POWER AND AUTHORITY GRANTED UNDER THE LAWS OF THE STATE
OF ARIZONA.
APPROVED AS TO FORM: APPROVED AS TO FORM:
Attorney for the Subrecipient Date Deputy County Attorney Date
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SECTION I
GENERAL PROVISIONS
Maricopa County
Human Services Department
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SECTION I GENERAL PROVISIONS
A. PURPOSE
County shall provide 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 III Work Statement.
B. TERM
The term of this Agreement shall commence on December 1, 2017, and shall remain in effect until
December 2, 2019. The Agreement shall become effective upon approval and signature by both Parties.
C. RENEWAL
The Agreement may be renewed by a written amendment, provided however, that Subrecipient is in full
compliance with all terms and conditions of this 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 contract term, or any additional terms thereafter.
D. AMENDMENTS
All Amendments to this Agreement shall be in writing and signed by authorized signers for both Parties.
E. TERMINATION
1. Pursuant to A.R.S. §38-511, the Parties may cancel this Agreement without penalty or further
obligation within three years after execution of the Agreement, if any person significantly
involved in initiating, negotiating, securing, drafting or creating the Agreement on behalf of the
Party is at any time while the Agreement or any extension of the Agreement is in effect, an
employee or agent of any other Party to the Agreement in any capacity or consultant to any other
Party of the Agreement with respect to the subject matter of the Agreement. Additionally,
pursuant to A.R.S § 38-511 the Party may recoup any fee or commission paid or due to any
person significantly involved in initiating, negotiating, securing, drafting or creating the
Agreement on behalf of the Party from any other Party to the Agreement arising as the result
of the Agreement
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 Board of Supervisors under
the Availability of Funds provision). The notice shall be given by personal delivery or by
registered or certified mail, postage prepaid and returned receipt requested to the persons at the
addresses set forth on page one of this Agreement.
3. This Agreement may be terminated by mutual written agreement of the Parties specifying the
termination date therein.
4. 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 Subrecipient’s
non-compliance jeopardizes funding source financial participation. If not terminated by one of
the above methods, this Agreement will terminate upon the expiration of the term of this
Agreement stated on the Page One of this Agreement.
5. In accordance with 2 CFR § 200, et seq., County may suspend or terminate this Agreement if
Subrecipient violates any term or condition of this Agreement or if Subrecipient fails to maintain
a good faith effort to carry out the purpose of this Agreement.
6. County or Subrecipient may terminate this Agreement for convenience in accordance with 2
CFR § 200, et seq.. Both Parties shall agree upon the termination conditions including the effective
date of the termination. The Party initiating the termination shall notify the other Party in writing
stating the reasons for such termination.
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SECTION I GENERAL PROVISIONS
F. 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 and the Special or General Provisions
are in conflict, 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 herein shall operate to increase the Operating Budget without a written
amendment thereto.
G. DEFINITIONS
As used throughout this Agreement, the following terms shall have the following meanings:
1. Administrative Manual means policy and procedures manual regarding the administration of
CDBG grant and activities found at:
http://myhsd.maricopa.gov/getattachment/Divisions/Community-
Development/CDBG/CDAC-Policy-Manual-2008.pdf.aspx
2. Assistant Director means the Director of the Housing and Community Development
Division within the Human Services Department.
3. CDAC means the Community Development Advisory Committee.
4. Department means the Maricopa County Human Services Department.
5. Director means the Director of the Maricopa County Human Services Department.
6. Division means Housing and Community Development Division of the Human Services
Department.
7. HOME means HOME Investment Partnership Program.
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.
9. Juvenile means any person under the age of eighteen (18).
10. Project Coordinator means the liaison between the Department and the Subrecipient that is
responsible for Agreement monitoring and technical assistance.
11. Public Agency has the meaning prescribed by A.R.S. § 11-951.
12. 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.
13. Subcontractor means an entity funded through the Subrecipient to provide services required
by the Work Statement.
14. Women’s Business Enterprise (WBE) means an entity in which a woman has majority
ownership and control.
H. GENERAL REQUIREMENTS
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.
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.
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.
4. Subrecipient shall comply with the regulations prohibiting a conflict of interest. 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 the Subrecipient's organization or
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SECTION I GENERAL PROVISIONS
with which Subrecipient (or one of its directors, officers, owners, trust certificate holders or a
relative thereof) has a substantial interest, unless Subrecipient has made full written disclosure of
the proposed payments to the County and has received written approval therefore.
5. For purposes of this provision, the terms "substantial interest" and "relative" shall have the
meanings prescribed by A.R.S. § 38-502.
I. 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 30 days of receipt unless Subrecipient receives a written
waiver of this requirement by the County.
J. ASSIGNMENT AND SUBCONTRACTING
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. 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.
K. AVAILABILITY OF FUNDS
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 herein, are
actually 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.
2. If any action is taken by any federal, state, local agency or any other agency or instrumentality to
suspend, decrease or terminate its fiscal obligation under, or in connection with this Agreement,
the Parties may amend, suspend, decrease or terminate its 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.
L. BUDGET ADJUSTMENTS
Subrecipient must receive prior written approval from the County to move funds from one Budget
Activity Line Item to another. Budget adjustments that do not change the Agreement Amount may be
documented by a written Change Order signed by the County and the Subrecipient’s Representative.
Requests for adjustments to this Agreement must be supported by appropriate documentation. Any
requests for reasonable budget adjustments must be submitted ninety (90) days prior to the expiration of
this Agreement. If the County agrees to the budget adjustments, the County shall follow section D of
this Agreement to amend this Agreement.
M. DISPUTES
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) days. Disputes which are not resolved in that
time period, shall be submitted in accordance with the following formal dispute resolution
process.
2. If a dispute cannot be resolved informally, the Subrecipient shall notify the Department in
writing by mailing notice of the dispute to the Assistant Director within ten (10) working days
from expiration of the informal dispute resolution process described in paragraph 1 above. The
Assistant Director, as applicable, shall respond in writing to the Subrecipient within fourteen
(14) working days of receipt of the Subrecipient’s written notice. The decision of the Assistant
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Director shall be final and conclusive unless, within seven (7) working days from the date the
Subrecipient receives the decision, Subrecipient files a written notice of appeal with the
Department’s Director who shall provide the Subrecipient with a written response within
fourteen (14) working days following receipt of the Subrecipient’s notice of appeal. The decision
of the Director shall be final.
3. Pending a final decision of the Director, the Subrecipient shall proceed diligently with the
performance of this Agreement in accordance with the Assistant Director’s decision.
N. DEFAULT AND REMEDIES FOR NONCOMPLIANCE
1. Notwithstanding anything to contrary, this Section shall not be deleted or superseded by any
other provision of this Agreement.
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.
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:
a. Non-performance of any obligations required by this Agreement.
b. Non-compliance with any applicable federal, state, or local laws, rules or regulations,
including HUD guidelines, policies, or directives.
c. Unauthorized expenditure of funds.
d. Improper disposition of program income.
e. Non-compliance with applicable financial record requirements, accounting principles,
or standards established by OMB circulars and 2 CFR §200 et seq.
f. Non-compliance with recordkeeping, record retention, or reporting requirements.
4. Notwithstanding the suspension or termination of this Agreement, or the final determination of
the proper disposition of funds, Subrecipient shall, without intent to limit or with restrictions,
be subject to the following:
a. 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.
b. Not be relieved of any liability or responsibility associated with the Special Provision or
Work Statement.
c. 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.
d. Wavier 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.
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, its employees, officials, successors, assigns, contractors, or subcontractors that
resulted in any wrongdoing (intentional or unintentional); misuse or misappropriation of funds;
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SECTION I GENERAL PROVISIONS
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.
O. SEVERABILITY
Any provision of this Agreement that is determined to be invalid, void or illegal by a court shall in no
way affect, impair or invalidate any other provision hereof, and the remaining provisions shall remain in
full force and effect.
P. STRICT COMPLIANCE
The County’s acceptance of Subrecipient’s performance that is not in strict compliance with the terms
hereof 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.
Q. SINGLE AUDIT ACT REQUIREMENTS
If the Subrecipient receives $750,000 in federal funds, the Subrecipient 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.). Subrecipient shall comply with 2 CFR § 200 Subpart F. Upon completion, such audits shall
be made available for public inspection. Audits shall be submitted within the twelve (12) months
following the close of the fiscal year. Subrecipient shall take corrective actions within six (6) months of
the date of receipt of the reports. The County shall consider sanctions as described in 2 CFR § 200.505
if Subrecipient is noncompliant with the audit requirements.
R. AUDIT DISALLOWANCES
1. The Subrecipient shall, upon written notice thereof, 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, as well as court costs and attorney’s fees the County spends to pursue legal
action relating to a disallowance. Court costs and attorney’s fees incurred will be specifically
identified as applicable to the recovery of the disallowed costs in question.
2. If the County determines that a cost for which payment has been made is a disallowed cost, 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.
S. COMPETITIVE BID REQUIREMENTS
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 pursuant to the following competitive bidding system:
a. 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.
b. 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.
2. Supplies
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SECTION I GENERAL PROVISIONS
If this Agreement is with other than a Public Agency, 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 pursuant to a system of written quotes whenever the price is
expected to be greater than $300, unless the Subrecipient obtains the Assistant Director prior
written approval to purchase supplies by an alternate method.
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.
4. Bidding Procedures
If the Subrecipient is a Public Agency, the Subrecipient's own bidding procedures shall govern.
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.
T. PROPERTY
Any 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
shall revert to the County upon termination of this Agreement, unless the County determines otherwise.
The costs to repair such property are the responsibility of the Subrecipient within the limits budgeted
herein. Repair costs beyond the budgeted amount shall be approved by the Department.
U. NON-LIABILITY
The County, its officers, representatives, agents and employees shall not be liable for any act or omission
by the Subrecipient or their contractor, or any officer, representative, agent or employee of the
Subrecipient, or their contractor occurring in the performance of this Agreement, nor shall these entities
be liable for purchases or Agreements made by the Subrecipient or their contractor, or any officer,
representative, agent and employee of the Subrecipient or their contractor in connection with this
Agreement.
V. 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 Maricopa County, any jurisdiction or agency issuing any
permits for any work arising out of this Agreement, and their respective directors, officers, officials,
agents, and employees (hereinafter referred to as “Indemnitee”) from and against any and all claims,
actions, liabilities, damages, losses, or expenses (including court costs, attorneys’ fees, and costs of
claim processing, investigation and litigation) (hereinafter referred to as “Claims”) for bodily injury or
personal injury (including death), or loss or damage to tangible or intangible property caused, or alleged
to be caused, in whole or in part, by the negligent or willful acts or omissions of Subrecipient and any
of its Subcontractors, or any of the directors, officers, agents, or employees of Subrecipient and any of
its Subrecipients. This indemnity includes any claim or amount arising out of or recovered under the
Workers’ 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.
W. INSURANCE
1. Subrecipient, shall and shall cause any of its Subcontractors to purchase and maintain the
herein stipulated minimum insurance from a company or companies duly licensed by the State
of Arizona and possessing a current A.M. Best, Inc. rating of B++6. In lieu of State of Arizona
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licensing, the stipulated insurance may be purchased from a company or companies who are
authorized to do business in the State of Arizona, provided that said insurance companies
meet the approval of County. The form of any insurance policies and forms must be
acceptable to County.
2. All insurance required herein 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 County, constitute a
material breach of this Agreement.
3. Subrecipient’s insurance shall be primary insurance as respects County, and any insurance or
self-insurance maintained by County shall not contribute to it.
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 County.
5. The insurance policies may provide coverage that contains deductibles or self-insured
retentions. Such deductible and/or self-insured retentions shall not be applicable with respect
to the coverage provided to County under such policies. Subrecipient shall be solely
responsible for the deductible and/or self-insured retention and County, at its option, may
require Subrecipient to secure payment of such deductibles or self-insured retentions by a
surety bond or an irrevocable and unconditional letter of credit.
6. County reserves the right to request and to receive, within 10 working days, certified copies of
any or all of the herein required insurance certificates. County shall not be obligated to review
policies and/or endorsements or to advise Subrecipient of any deficiencies in such policies
and endorsements, and such receipt shall not relieve Subrecipient from, or be deemed a waiver
of County’s right to insist on strict fulfillment of Subrecipient’s obligations under this
Agreement.
7. The insurance policies required by this Agreement, except Workers’ Compensation, shall name
County, its agents, representatives, officers, directors, officials and employees as Additional
Insured’s.
8. The policies required hereunder, except Workers’ Compensation, shall contain a waiver of
transfer of rights of recovery (subrogation) against County, its agents, representatives, officers,
directors, officials and employees for any claims arising out of Subrecipient’s work or service.
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 , its agents, officials, employees
or the State of Arizona shall be excess and not contributory insurance, as provided by A.R.S.
§ 41-621 (E).
10. Coverage provided by the Subrecipient shall not be limited to the liability assumed under the
indemnification provisions of this Agreement.
11. Commercial General Liability:
a. 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.
12. Workers’ Compensation:
a. Workers’ Compensation insurance to cover obligations imposed by federal and state
statutes having jurisdiction of Subrecipient’s employees engaged in the performance
of the work or services under this Agreement ; and Employer’s Liability insurance of
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not less than $1,000,000 for each accident, $1,000,000 disease for each employee, and
$1,000,000 disease policy limit.
b. Subrecipient waives all rights against County and its agents, officers, directors and
employees for recovery of damages to the extent these damages are covered by the
Workers’ Compensation and Employer’s Liability or commercial umbrella liability
insurance obtained by Subrecipient pursuant to this Agreement.
13. Sexual Molestation And Physical Abuse:
a. When services involve working with children, elderly, or disabled individuals, the
insurance requirements in the 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 and/or caring for children/elderly and disabled persons should have
their policies specifically endorsed to include this coverage.
14. Commercial General Liability – Occurrence Form:
Policy shall include bodily injury, property damage and broad form contractual liability
coverage.
15. The policy shall be endorsed to include coverage for physical/sexual abuse and
molestation.
16. The policy shall be endorsed to include the following additional insured language: "(Maricopa
County), its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its
elected officials, trustees, employees, agents, and volunteers shall be named as additional insureds
with respect to liability arising out of the activities performed by, or on behalf of the Contractor".
Minimum Limits:
General Aggregate $4,000,000
Each Occurrence Limit $2,000,000
Sexual Abuse/Molestation $2,000,000
17. Builder’s Risk (Property) Insurance.
Subrecipients shall and shall cause any of its Subcontractors to purchase and maintain, on a
replacement cost basis, Builders’ Risk insurance and, if necessary, Commercial Umbrella
insurance in the amount of the initial Agreement amount as well as subsequent modifications
thereto for the entire work at the site. Such Builders’ Risk insurance shall be maintained until
final payment has been made or until no person or entity other than County has an insurable
interest in the property required to be covered, whichever is earlier. This insurance shall include
interests of County, Subrecipient and all of Subrecipient’s subcontractors and sub‐
subcontractors in the work during the life of the Agreement and course of construction, and
shall continue until the work is completed and accepted by County. For new construction
projects, Subrecipient agrees to assume full responsibility for loss or damage to the work being
performed and to the structures under construction. For renovation construction projects,
Subrecipient agrees to assume responsibility for loss or damage to the work being performed at
least up to the full Agreement amount, unless otherwise required by the Agreement documents
or amendments thereto.
a. Builders’ Risk insurance shall be on a special form and shall also cover false work and
temporary buildings and shall insure against risk of direct physical loss or damage from
external causes including debris removal, demolition occasioned by enforcement of any
applicable legal requirements, and shall cover reasonable compensation for architect’s
service and expenses required as a result of such insured loss and other “soft costs” as
required by the Agreement.
b. Builders’ Risk insurance must provide coverage from the time any covered property
comes under the Subrecipient’s control and/or responsibility, and continue without
interruption during construction, renovation, or installation, including any time during
which the covered property is being transported to the construction installation site,
and while on the construction or installation site awaiting installation. The policy will
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provide coverage while the covered premises or any part thereof are occupied. Builders’
Risk insurance shall be primary and any insurance or self‐insurance maintained by the
County is not contributory.
c. If the Agreement requires testing of equipment or other similar operations, at the option
of County, Subrecipient will be responsible for providing property insurance for these
exposures under a Boiler Machinery insurance policy or the Builders’ Risk Insurance
policy.
18. Certificates of Insurance:
a. Upon execution of the Agreement, 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
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 number and title.
b. Prior to commencing work or services under this Agreement , Subrecipient shall have
insurance in effect as required by the Agreement in the form provided by the County,
issued by 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 upon ten (10) business days.
BY SIGNING THE AGREEMENT PAGE THE SUBRECIPIENT AGREES TO
THIS REQUIREMENT AND FAILURE TO MEET THIS REQUIREMENT
WILL RESULT IN CANCELLATION OF AGREEMENT.
c. 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 Subrecipient’s work or services and as evidenced by annual Certificates
of Insurance.
d. If a policy does expire during the life of the Agreement, a renewed Certificate of
Insurance must be sent to the County forty-five (45) days prior to the expiration date.
19. Cancellation and Expiration Notice:
a. Insurance required herein shall not be permitted to expire, be canceled, or materially
changed without thirty (30) days prior written notice to the County.
b. 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, Subrecipient shall carry minimum liability
coverage of $2,000,000 each occurrence and provide the County with proof of
coverage.
20. Subcontractors: Subrecipient’s certificate(s) shall include all subcontractors as insureds under
its policies or Subrecipient shall furnish to the County separate certificates for each
subcontractor. All coverages for Subcontractors shall be subject to the minimum requirements
identified above.
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 Agreement amendment, but may be made by administrative action.
22. Exceptions: In the event the Subrecipient is a public entity, then the Insurance Requirements
shall not apply. 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.
X. TECHNICAL ASSISTANCE
The County will provide reasonable technical assistance to the Subrecipient to assist in complying with
State and federal laws, 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
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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.
Y. 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.
Z. 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.
AA. LOBBYING
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.
2. If any funds, other than federal appropriated funds, have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a member of
Congress, an officer or employee of Congress, or an employee of a member of Congress in
connection with any federal agreement, grant, loan or cooperative agreement, 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.
BB. RELIGIOUS ACTIVITIES
The Subrecipient agrees that none of its costs and none of the costs incurred by any Subrecipient,
contractor, or subcontractor will include any expense for any religious activity.
CC. POLITICAL ACTIVITY PROHIBITED
None of the funds, materials, property or services contributed by the County or the Subrecipient under
this Agreement shall be used for any partisan political activity, or to further the election or defeat of any
candidate for public office.
DD. 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.
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EE. SAFEGUARDING OF PARTICIPANT INFORMATION
The use or disclosure by any Party of any information concerning an applicant for, or recipient of, services
under this Agreement is directly limited to the conduct of this Agreement. Subrecipient and its agents
shall safeguard the confidentiality of this information, as required by federal and state law. Subrecipient
shall include a clause to this effect in all Subcontracts.
FF. RIGHTS IN DATA
The Parties shall have the use of data and reports resulting from this Agreement without cost or other
restriction, except as otherwise provided by law or applicable regulation. Each Party shall supply to the
other Party, upon request, any available information that is relevant to this Agreement and to the
performance hereunder.
GG. 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,
or otherwise use and to authorize other to use, all copyrighted material and all material which can be
copyrighted resulting from this Agreement.
HH. AGREEMENT COMPLIANCE MONITORING
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/or its grantor agencies at any time during
the Subrecipient's normal business hours, announced or unannounced. 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.
II. CONTINGENCY RELATING TO OTHER AGREEMENTS AND GRANTS
1. The Subrecipient shall, during the term of this Agreement, immediately inform the Department
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. Failure by the Subrecipient to notify the Department
County of such award shall be considered a violation of this Agreement and the County may
immediately terminate this Agreement without liability.
2. The Department may request, and the Subrecipient shall provide within a reasonable time, which
shall not exceed ten (10) working days, a copy of such other agreement or grant, when in the
opinion of the Department the award of the agreement or grant may affect the costs being paid
or reimbursed under this Agreement.
3. If the Department determines that the award to the Subrecipient of such other agreement or
grant has affected the costs being paid or reimbursed under this Agreement, the Department
will prepare an amendment to this Agreement effecting a cost adjustment. If the Subrecipient
disputes the proposed cost adjustment, the dispute shall be resolved pursuant to the "Disputes"
section contained herein.
JJ. MINIMUM WAGE REQUIREMENTS
The Subrecipient warrants that it shall pay all its employees who are performing work or providing
services under this Agreement not less than the minimum wage specified under Section 206(a)(1) of the
Fair Labor Standards Act of 1938, as amended and as specified by Arizona law.
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KK. 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.
LL. 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
Department if the grievance is not satisfied at the Subrecipient's level.
MM. NONDISCRIMINATION AND EQUAL ACCESS
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.
2. The Subrecipient shall comply with requirements of the Housing and Urban Development
Equal Access Rule at 24 CFR Part 5, Final Rule 5863, to ensure equal access to housing and
services regardless of gender identity.
NN. DISABILITY REQUIREMENTS
Subrecipient agrees that any electronic or information technology offered under this Agreement shall
comply with A.R.S. §§41-2531 and 2532 and Section 508 of the Rehabilitation Act of 1973, which
requires that employees and members of the public shall have access to and use of information
technology that is comparable to the access and use by employees and members of the public who are
not individuals with disabilities.
OO. EQUAL EMPLOYMENT OPPORTUNITY
1. 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.
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. The Subrecipient shall and shall cause its
Subcontractors to comply with Executive Order 11246 of September 24, 1965, entitled
"Equal Employment Opportunity", as amended by Executive Order 11375 of October 13,
1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60) and to
the extent required by regulation execute the Equal Opportunity Certification attached
hereto and incorporated by reference.
2. Subrecipient shall and shall cause its Subcontractors to comply with Title VI and VII of the
Civil Rights Act of 1964, as amended (42 U.S.C. §§ 2000a, et seq.); the Rehabilitation Act of
1973, as amended (29 U.S.C. §§ 701, et seq.); the Age Discrimination in Employment Act of
1967, as amended (29 U.S.C. §§ 621, et seq.); the Americans With Disabilities Act of 1990 (42
U.S.C. §§ 12101, et seq.); and Arizona Executive Order 2009-09, which mandates that all
persons shall have equal access to employment opportunities, to the extent such provisions
apply.
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PP. 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.
QQ. 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, it shall
be in accord with generally accepted accounting principles.
RR. RETENTION OF RECORDS
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.
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.
SS. 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, the Subrecipient
shall reimburse the County for the services not supported and documented.
TT. IMMIGRATION LAWS AND REGULATIONS
1. Federal Immigration and Nationality Act
a. The Parties understand and acknowledge the applicability of the Immigration Reform
and Control Act of 1986 (IRCA). The Parties agree to comply with the IRCA in
performing under this Agreement and to permit the other Party to inspect personnel
records to verify such compliance.
b. By entering into this Agreement, the Parties 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 Parties 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 Parties 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.
c. The Parties may request verification of compliance for any employee or subcontractor
performing work under the Agreement. Should either Party suspect or find that the
other Party or any of its subcontractors are not in compliance, then the Party 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 and/or debarment
of the other Party. All costs necessary to verify compliance are the responsibility of
the Subrecipient or its subcontractor.
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2. Arizona Law: The Subrecipient warrants that it is in compliance with A.R.S. § 41-4401 (e-
verify requirements) and further acknowledges:
a. That 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;
b. That a breach of a warranty under subsection 2 a above, shall be deemed a material
breach of this Agreement and the County may immediately terminate this Agreement
without liability;
c. That the County and any contracting government entity retains the legal right to inspect
the papers and employment records of any Subrecipient or Vendors employee who
works on this Agreement to ensure that the Subrecipient or Vendors is complying with
the warranty provided under subsection 2 a above and that the Subrecipient agrees to
make all papers and employment records of said employee(s) available during normal
working hours in order to facilitate such an inspection.
UU. 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.
VV. GOVERNOR’S EXECUTIVE ORDER NO. 88-26
The Subrecipient is required to use the Arizona Taxonomy of Human Services for reporting and
contracting purposes.
WW. EMPLOYMENT DISCLAIMER
1. This Agreement is not intended to constitute, create, give rise to, or otherwise recognize a joint
venture agreement, partnership or other formal business association or organization of any kind
between the Parties, and the rights and obligations of the Parties shall be only those expressly
set forth in this Agreement.
2. The Parties agree that no individual performing under this Agreement on behalf of the
Subrecipient is to be considered a County employee, and that no rights of County civil service,
County retirement, or County personnel rules shall accrue to such individual. The Subrecipient
shall have total responsibility for all salaries, wages, bonuses, retirement, withholdings,
workman's compensation, occupational disease compensation, unemployment compensation,
other employee benefits, and all taxes and premiums appurtenant thereto concerning such
individuals and shall save and hold the County harmless with respect thereto.
3. The County agrees that no individual performing under this Agreement on behalf of County
may be considered a Subrecipient agent, employee, or representative and that no rights of
Subrecipient civil service, Subrecipient retirement, or Subrecipient personnel rules shall accrue
to or apply to any such individual. The County shall have total responsibility for all salaries,
wages, bonuses, retirement, withholdings, workers’ compensation, occupational disease
compensation, unemployment compensation, other employee benefits, and all taxes and
premiums appurtenant thereto concerning such individuals and the County shall indemnify,
defend and hold harmless the Subrecipient with respect thereto.
XX. CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY AND
VOLUNTARY EXCLUSION
The undersigned by signing and submitting this Agreement has the authority to certify the Subrecipient
to the terms, representations and/or warrants of this Certification. The Subrecipient, defined 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:
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1. are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any federal department or agency;
2. have not within a three-year period preceding this Agreement been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction
or Agreement under a public transaction; violation of Federal or State antitrust statutes or
commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property;
3. are not presently indicted or otherwise criminally or civilly charged by a governmental entity
(Federal, State, or local) with commission of any of the offenses enumerated in paragraph (b) of
this certification; and
4. have not within a three-year period preceding this Agreement had one or more public
transactions (Federal, State, or local) terminated for cause or default.
5. shall immediately notify the County if, at any time during the term of this Agreement, it is
debarred, suspended, declared ineligible, or voluntarily excluded from participation. The County
may pursue available remedies in the event of such occurrence, including immediate termination
of this Agreement.
6. shall not enter into a subcontract or sub-recipient agreement with, or provide payment to a
person or organization that is debarred, suspended, declared ineligible, or voluntarily excluded
from participation. The County may pursue available remedies in the event of such occurrence,
including immediate termination of this Agreement.
7. The Subrecipient shall include without modification this Certification’s language, entitled
“Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion – Lower
Tier Covered Transactions,” with all subgrantees or other contractors; in all lower tier covered
transactions and in all solicitations for lower tier covered transactions in accordance with 45
C.F.R. Part 76.
8. Should the Subrecipient not be able to provide this Certification, an explanation as to why shall
be immediately provided to the Department, Attention: Project Coordination at the address set
forth on the cover page of this Agreement.
YY. SUBRECIPIENT EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO
INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS:
1. The Parties agree that this Agreement and employees working on this Agreement will be
subject to the whistleblower rights and remedies in the pilot program on 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;
2. 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 Subrecipient and copies provided to County
upon request; and
3. Subrecipient shall insert the substance of this clause, including this paragraph (3), in all
subcontracts over the simplified acquisition threshold ($150,000 as of August 2017).
ZZ. ISRAEL BOYCOTT:
Per A.R.S. § 35-393, Subrecipient certifies that they are not currently engaged in, and agrees for the
duration of the Agreement to not engage in, a boycott of Israel.
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SECTION II
SPECIAL PROVISIONS
Maricopa County
Human Services
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SECTION II SPECIAL PROVISIONS
A. 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 the Default and Remedies for Noncompliance established by the General
Provisions.
B. COMPLIANCE WITH LAWS, RULES & REGULATIONS
This Agreement and the Parties hereto, 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 the Default and Remedies for Noncompliance provided in the General Provisions.
C. 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:
1. Audited financial statements prepared in accordance with federal single audit requirements;
or,
2. Financial statements of the CDBG program prepared in accordance with generally accepted
accounting principles audited by an independent certified public accountant.
D. PROGRAM INCOME
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:
a. sales/lease returns on investment; and
b. payments of principal and interest on loans.
2. Program Income received by the Subrecipient shall be tracked and returned to the County as
follows:
a. program income shall be tracked by the Subrecipient and accounted for in a separate
fund or account;
b. documentation supporting the amount of program income received shall be
submitted quarterly with the quarterly progress report;
c. 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.
3. Program income that is received after at the end of this Agreement shall be sent to the County
in accordance with 24 CFR § 92.503 within 30 days of receipt.
E. ADMINISTRATIVE REQUIREMENTS
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).
2. Procurement - All procurement completed under this Agreement shall comply with the
requirements at 2 CFR Part 200, Subpart D, Procurement Standards. The subrecipient may
utilize their own procurement system that meets or exceeds the requirements in 2 CFR 200
Subpart D.
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3. Repayment of Funds - 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) days following the written determination of
noncompliance by the County.
4. Documentation and Record Keeping - The Subrecipient agrees to comply with this Agreement
and the following record keeping requirements:
a. Records to be Maintained - The Subrecipient shall maintain all records required by
the Federal regulations specified in 24 CFR Part 570.506 that are pertinent to the
activities to be funded under this Agreement. Such records shall include but not be
limited to:
i. Records providing a full description of each activity undertaken;
ii. 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;
iii. Records required for determining the eligibility of activities;
iv. 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 CFR Part
570.505, as applicable);
v. Records which demonstrate citizen participation;
vi. Records which demonstrate compliance regarding acquisitions,
displacement, relocation and replacement housing;
vii. Records documenting compliance with the fair housing and equal
opportunity components of the CDBG program;
viii. Financial records as required by 24 CFR Part 570.502, 2 CFR § 200, and
OMB Circulars;
ix. Other records necessary to document compliance with Subpart K of 24 CFR
§ 570; and
x. Records documenting compliance with Section 3 of the Housing
Development Act of 1968.
b. 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).
i. To obtain a DUNS Number use this link:
http://fedgov.dnb.com/webform.
ii. For additional information on System For Award Management (SAM) and ,
DUNS use this link:
https://www.sam.gov/sam/transcript/Quick_Guide_for_Grants_Registrat
ions.pdf
c. Housing - Records which demonstrate compliance with deeds of trust, promissory
notes, and forgivable loans associated with owner occupied housing activities.
d. Public Facilities - Records which demonstrate continuing ownership and eligible use
of facility according to CDBG regulations.
e. Outcome Measures – The Subrecipient shall maintain data that supports the
accomplishment of the desired outcomes as indicated in the Work Statement.
f. 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
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retention period, said records shall be retained until all such action or audit findings
involving the records have been resolved.
g. 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 Subrecipient's responsibilities
with respect to services provided under this Agreement, is prohibited unless written
consent is obtained from such person receiving service.
h. Client Data - The Subrecipient shall maintain client data:
i. Demonstrating client eligibility for services provided. Such data shall include,
but not be limited to, client name, address, income level or other basis for
determining eligibility
ii. Required to meet reporting requirements including client race and ethnicity,
and a description of the service(s) provided.
i. 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.
j. Audits & 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 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.
k. 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.
5. Reporting
a. 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:
i. Quarterly Program Income Report and Supporting Documentation;
ii. Quarterly Progress Reports in the form and content as required by the
County. Reports shall be due on the date specified in the report form,
generally in July, October, January and April, addressing activities of the
proceeding three months (i.e. the July report covers April, May and June). If
there has been no activity, the report needs to explain why. Failure to submit
timely Quarterly Reports will result in suspension of payment for
reimbursement requests until all reports are brought current.
iii. Minority Business Enterprise / Women Business Enterprise (MBE/WBE)
information; and
iv. Other HUD-required reporting data as applicable shall be submitted.
b. 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.
c. Program Income - Subrecipient agrees to comply with the quarterly and annual
program income reporting requirements of 24 CFR 570.504 and the the
Administrative Manual. Subrecipient shall report program income received and
expended program income as defined in 24 CFR § 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
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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. 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.
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 gauge performance of the Subrecipient against goals
and performance standards required herein. Subrecipient will prepare for monitoring and
assure all required files and documentation are available at scheduled monitoring. Failure of
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 this Agreement.
7. Subcontracts
a. 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 Release of Funds from the County. Execution of construction
contracts may not occur until a letter stating the Subrecipient is not on the debarred
list is received from the County.
b. DUNS Number: All subcontractors shall have a valid DUNS number and an active
profile in the federal System for Award Management (SAM).
c. Selection Process - The Subrecipient shall insure that all subcontracts let in the
performance of this Agreement be 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.
d. 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 pursuant to 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 CFR Section 135.
e. 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.
f. Noncompliance by Subcontractor(s) may lead to default of this Agreement and
subject the Subrecipient to the Default and Remedies for Noncompliance provisions
of this Agreement.
F. 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 CDAC/BOS Policy Manual
and the Administrative Manual.
G. ENVIRONMENTAL CONDITIONS
1. The Subrecipient agrees to comply with: the National Environmental Policy Act of 1969 (P.L.
91-190) pursuant thereto 40 CFR Parts 1500 - 1508, Environmental Review Procedures for
Title I of the Community Development Block Grant program pursuant thereto Title 24 CFR
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
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activity, 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.
2. Air and Water - The Subrecipient agrees to comply with the following requirements insofar as
they apply to the performance of this Agreement:
a. Clean Air Act, 42 USC § 7401, et seq., as amended.
b. 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.
c. Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50, as
amended.
d. Subrecipient agrees to comply with conditions set forth by the Air Quality
Department or other County agency, as required.
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 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.)
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 USC
§ 470) and the procedures set forth in 36 CFR 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 included on any state or local historic property inventory or any archaeological findings.
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 is also 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.
H. TIMELY IMPLEMENTATION
Subrecipient agrees that timely implementation of the activity is essential. Subrecipient agrees that
implementation of activities including design/development and/or construction shall commence not
later than 90 days after the execution of this Agreement. If the 90-day commencement date is not met
or whenever a Subrecipient’s implementation of an activity lags behind the contractual activity schedule
by 90 days or more, the Subrecipient shall be required to submit in writing to CDAC the reasons for
failure to implement the activity within the stipulated time frame. The Subrecipient shall allow the
County to provide technical assistance if the project is more than 90 days behind schedule. In addition,
the Subrecipient must present a corrective action plan that ensures timely implementation, as provided
for in the CDAC/BOS Policy Manual. Failure to implement the activity in a timely manner shall be
considered ineffective use of funds as well as a material failure to comply with all terms of the award
of this Agreement and shall be considered cause for termination of this Agreement.
I. ACTIVITY COMPLETION
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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.
J. OPERATION & MAINTENANCE
Upon completion of the activity, the Subrecipient or other party, if identified, shall assume sole
responsibility for continuing operation and maintenance of the activity described in Work Statement.
K. ADDITIONAL CERTIFICATIONS AND WARRANTIES
1. Subrecipient agrees that it undertakes hereby the same obligations as the County has
undertaken to HUD pursuant to said Annual Action Plan and Assurances, with respect to this
Agreement. Subrecipient shall hold County harmless and indemnify it against any damage or
other liability which Subrecipient may incur with respect to HUD as a result of any failure on
the part of Subrecipient to comply with the requirements of any such obligation. The
obligations undertaken by Subrecipient are further clarified in the Certifications, Specific
CDBG Certifications, and Appendix to Certifications included as Attachment A to this
Agreement. These certifications include but are not limited to:
a. 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), the Housing
and Community Development Act of 1987 and the Cranston-Gonzalez National
Affordable Housing Act (P.L. 101-625);
b. 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 (CFR), commencing at Section 570.1);
c. 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; EXECUTIVE
ORDER 11063, as amended; and any HUD regulations heretofore issued or to be
issued to implement these authorities related to Civil Rights;
d. The requirements of Executive Orders 11625 and 12432 regarding Minority Business
Enterprise, and 12138 regarding Women’s Business Enterprise, and regulations in 2
CFR § 200.321 and of Section 281 of the National Housing Affordability Act.
e. Section 504 of the Rehabilitation Act of 1973 as amended and the Americans With
Disabilities Act, of 1990; and
f. Fair Housing Amendments Act of 1988;
g. 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, CFR Part 42 as amended;
h. The Architectural Barriers Act of 1969 (42 U.S.C. Section 4151-4157);
i. The Hatch Act relating to the conduct of political activities (Chapter 15 of Title 5,
U.S.C.);
j. Section 902 of the Housing and Community Development Amendments of 1978
(P.L. 95-557);
k. Executive Order 11246 and the regulations issued pursuant thereto (41 CFR Chapter
60) relating to nondiscrimination in employment and contracting opportunities;
l. The Labor Standards Regulations set forth in 24 CFR, 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 USC § 327 and 40
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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 this part. Such documentation shall
be made available to the County for review upon request;
m. Executive Order 13166 entitled “Improving Access to Services for Persons with
Limited English Proficiency” pursuant to Title VI of the Civil Rights Act.
n. The Drug-Free Workplace Act of 1988 as it applies to this activity;
o. The Subrecipient shall warrant and cause its subcontractors warrant that it is in
compliance with immigration laws and regulations at A.R.S. Sections 41-4401 and 23-
214
p. Subrecipients which are governmental entities (including public agencies) shall
comply with the requirements and standards of
i. 2 CFR § 225, "Cost Principles for State, Local and Indian Tribal
Governments", and
ii. 2 CFR § Part 200 including Subpart D – Post Federal Award Requirements,
Subpart E – Cost Principles, and Subpart F – Audits.
q. Subrecipients who are non-profits shall comply with the requirements and standards
of:
i. 2 CFR Part 230, "Cost Principles for Nonprofit Organizations", or 2 CFR
220, "Cost Principles for Educational Institutions", as applicable,
ii. OMB Circular A-134, “Financial Accounting Principles and Standards” and
iii. 2 CFR § Part 200 including Subpart D – Post Federal Award Requirements,
Subpart E – Cost Principles, and Subpart F – Audits. Audits shall be
conducted annually.
r. Changes – The County may, at any time, by written Change Order/Administrative
Change executed by the Director of the Human Services Department, make changes
within the general scope of this Agreement in any one or more of the following areas:
i. Increase/decrease in dollar amounts up to $10,000 per the Board of
Supervisors (BOS) Community Development Advisory Committee (CDAC)
Bylaws.
ii. Modify the project implementation schedule up including extensions in the
completion deadline up to 90 days.
iii. Minor changes in the scope of work, provided the overall scope of work for
the project is unchanged.
iv. Modify terms consistent with any change to the Work Statement required by
Federal, State, or County regulations ordinances or policies.
v. Modify administrative requirements such as changes in reporting periods,
frequency of reports, or report formats required by HUD or local regulations,
policies or requirements. It is the responsibility of the Subrecipient to ensure
the latest documents are consulted and followed.
vi. The Director may also approve following changes with the approval of the
Community Development Advisory Committee:
1. Changes in the scope of work, provided the overall scope of work for
the project is unchanged.
2. Changes in the project implementation schedule including extensions in
the completion deadline up to but not to exceed the contract end date.
3. Requests for additional funding up to 20% of the original contract
amount. All requests for additional funding are limited to 30% of the
current contingency fund balance.
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s. Parties agree that the terms, conditions and sums payable under this Agreement are
subject to any changes or limitations which may be required by HUD and the CDBG
Program regulations.
t. The 2017-18 Annual Action Plan and the CDBG Application for this project are
hereby incorporated by reference into this Agreement.
u. This Agreement constitutes the entire Agreement between the Parties with respect to
the subject matter hereof, and all prior agreements, representations, statements and
undertakings are hereby expressly cancelled.
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SECTION III
WORK STATEMENT
Maricopa County
Human Services
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SECTION III WORK STATEMENT
A. SPECIAL FEDERAL AND PROJECT PROVISIONS
Program Activity: The Subreipient agrees to implement the activity fully as described in this Work
Statement in accordance with the terms of the 2015-2020 Five-Year Consolidated Plan and the 2017-
18 Action Plan submitted by the County to HUD for funds to carry out the activity and the
Certifications which were submitted concurrently with the Annual Action Plan to HUD, and with any
Cooperation Agreements with the Municipality (as applicable).
B. WORK STATEMENT
1. Brief description of the activity including who will 2. Describe the purpose and need for the activity.
perform what work and the direct impact the Include problem causes, current conditions,
activity will have on beneficiaries. studies performed, public response, and agency
capacity. Describe other funding sources
considered.
ACTIVITY: The City of EL Mirage’s Fire Department will use PURPOSE AND NEED: El Mirage is one of the nation's
CDBG grant funding in the amount of $200,000 to support fastest growing communities. Census 2010 showed a 318%
the purchase of fire truck equipment for its recently population increase. El Mirage has a poverty rate of 13.2%
purchased fire truck. (which is more than 4% higher than the County) and many
of the residents do not have adequate housing which is a
fire risk. The population increase and new
commercial/industrial infrastructure in El Mirage and
WHO: The City El Mirage’s Fire Department is a one station cities/town where it provides Automatic Aid adds to the
fire department responding in one apparatus and two back increased number of possible fire related incidents.
up vehicles to ensure emergency services are provided to
El Mirage’s 33,000 citizens 24 hour – 7 days a week. The
PROBLEM CAUSES: (1) The housing boom left older
City of El Mirage covers 10 square miles and the Fire
homes abandoned and vacant. There are approximately 27
Department provides both Emergency Medical Services
vacant and abandoned properties within the City of El
(EMS) and traditional fire responses. El Mirage’s Fire
Mirage. Earlier this year when squatters started a fire
Department is also part of the Valley Wide Automatic Aid
damaging a vacant home the fire department estimated
Consortium, which is a regional emergency responses effort
$37,000 in damages. (2) El Mirage has been designated as
between surrounding cities/agencies for seamless
a Federal Medically Under-served Area 53.70, MUA, El
emergency services. El Mirage’s Fire Department consists
Mirage (Bureau of Health Systems Development, Arizona
of 2 active firefighters. All of the firefighters are trained in
Department of Health Services, 2015). The high-risk
Advanced Life Support, EMT, Structural Fire Suppression
population includes elderly, younger children, and
and more. The Fire Department has an Engineers
linguistically isolated residents. (3) El Mirage only has one
Certification program that includes written test, pre-trip
Fire Station and is part of the regional Automatic Aid
inspection and practical exam that meets NFPA 1002. The
Consortium with an increased call volume of 57% over the
Department has its own internal driver certification program
past three years.
that meets NFPA 1002 that utilizes minimal staffing and is
cost effective. The Fire Chief and Assistant Fire Chief are
CURRENT CONDITION: The Fire Department is staffed
well versed in the administrative functions necessary to
with one Chief, one Assistant Chief and 22 sworn
oversee the CDBG grant requirement if funded. Additional
firefighters (7 per shift and one administrative Captain
staff assistance for grant management will come from the
(sworn)). One large fire truck is backed up by two other fire
Grant Writer | Assistant to the City Manager, and the
trucks. Two fire suppression vehicles are on duty each
Finance Department’s Procurement Officer
staffed with emergency medical technicians and
paramedics.
PUBLIC RESPONSE: El Mirage posted public hearing
meeting notices and held a meeting for citizen input on
December 6, 2016. There were no public comments.
IMPACT: El Mirage has experienced a 318% population
increase between 2000 and 2010. Increased housing, two- AGENCY CAPACITY: El Mirage successfully managed a
story commercial buildings, and larger industrial buildings CDBG Fire Truck grant in 2000/2001. The City has
built during the economic boom are now additional risk experienced staff to El Mirage has successfully
factors for the Fire Department’s response team. El implemented all of its CDBG projects. If funded the staff
Mirage's Fire Department call volume has increased by team identified to manage this project includes the Battalion
57% over the past three years. (This vehicle is becoming Chief as the technical expert, Finance Department to
less reliant and cost prohibited when put out of service for oversee procurement, the Grant Writer to ensure reporting
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SECTION III WORK STATEMENT
mechanical issues due to its age. The City of El Mirage is and other grant related administrative requirement are
also part of the regional Automatic Aid Consortium and is appropriately met.
required to respond to fire incidents within the southwest
region of Maricopa County.
3. Detailed description of proposed output(s). What 4. Describe the long term outcomes that
is the final improvement, service, product, etc. to beneficiaries will directly achieve/receive as a
be provided? List quantifiable and measureable result of this activity. Include the percentage of
outputs. beneficiaries assisted that are expected to
achieve/receive the outcomes, and how long it
will take for the outcomes to occur.
El Mirage will use grant funding to purchase fire truck The City of El Mirage has approximately 33,000 residents.
equipment for its recently purchased fire truck (Pierce More than 13% of the residents live below poverty levels.
Pumper Model PUK with 1500 GPM pumper, 500 gallon Abandoned and vacant homes are on the rise due to low
poly tank with four pre-connect fast attack lines, one large income home owner’s inability to afford home repairs.
diameter hose line with space for water supply line and Approximately 10% of the homes in El Mirage are
related equipment). substandard (El Mirage, 2016). El Mirage’s vacant home
are also experiencing squatter inhabitance, which resulted
OUTPUTS: (1) To purchase fire truck related equipment in a fire this year.
within one year of the grant award. (2) To follow federal
procurement guidelines that ensure grant compliance from LONG TERM OUTCOMES: (1) Reliable fire truck
grant award through project close out and annual reviews equipment for El Mirage’s Fire Department. (2) Increase
until lifecycle threshold has been met (15 year/150k miles) safety for firefighters (3) Updated technology and
as measured by annual reports and close out documents to equipment which shall improve the Fire Department’s
include receipts and proof of purchase. effectiveness.
FINAL IMPROVEMENT: To improve the effectiveness of
the Fire Department for the City of El Mirage and Automatic
Aid partner agencies as measured by El Mirage’s Fire
Department tracking number of calls the recently purchased
fire truck responds to compared to those of the current fire
truck.
SERVICE/PRODUCT: Piggy-Back purchases will be
explored between other Arizona contracts previously
approved by HUD/CDBG offices.
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SECTION III WORK STATEMENT
5. Identify the 2017-18 Urban County CDBG Funding 6. a. Indicate activity location: Include the activity
Priority / Priorities addressed by this activity. Briefly address.
describe how the activity meets the stated priority: b. Describe the service area. (Use street or
Effective Economy Safe Communities city/town boundaries to identify the service area
Individual Opportunity Public Health for the activity.) If services will be offered at a
Sustainable Environment site owned or managed by someone other than
the applicant, attach a letter from the owner
authorizing use of the site.
The public improvement will be the purchase of The equipment will be affixed to the fire truck and housed
equipment for the a new fire truck for the benefit of at the City of El Mirage’s Fire Department Facility
resident’s public facilities which includes homes, ADDRESS: 13601 N El Mirage Rd., El Mirage, AZ 85335.
commercial and industrial buildings. Critical infrastructure
responsiveness will decrease property damage and SERVICE AREA: All of El Mirage will the primary
decrease response time resulting in less life loss. beneficiary of the project. El Mirage has approximately
33,000 residents with about 4,000 calls per year. The fire
truck will most likely respond to calls within the City of El
Mirage which is 52% low-moderate income.
El Mirage is an Automatic Aid Partner which includes the
Surprise, Youngtown, Sun City, Glendale, Luke Air Force
Base, Goodyear, and Avondale (see automatic aid
agreement document). The Fire Pumper Truck may be
used to service the other partnering areas.
7. Describe all beneficiaries (direct and indirect) and 8. Do any utilities need to be relocated or brought to
target populations for this activity. activity site, or do any drainage structures need to
be altered or created? If yes, describe below.
The City of El Mirage’s 33,000 residents will be directly Not applicable
served from this project. Additional 7,000 - 10,000
residents from Automatic Aid partner communities will be
indirect beneficiaries.
9. Provide the number of low and moderate income Urban County residents and the total number of residents:
a. Estimated number assisted Jan. 1 – Dec. 31, 2016 (if activity was in operation in 2016)
b. To be directly assisted with CDBG funds in 2017-18 if funded.
If there is a significant change in the number expected to be assisted between 2016 and 2017-18, be sure to
include an explanation for this change in 1. Brief description of the activity, and/or 3. Detailed description of
outputs, above.
a. 2016 (est.) b. July 1, 2017 – June 30, 2018, by percent of AMI
0 - 80% AMI 0-30% 31–50% 51 – 80% Over 80% Total
Urban County Residents to be assisted. 17,160 15,840 33,000
Total to be assisted (incl. Urban County
17,160 15,840 33,000
residents):
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SECTION III WORK STATEMENT
C. IMPLEMENTATION SCHEDULE
Task Start Date Completion Date
Procurement research to determine appropriate purchasing method. November 1, 2017 December 31, 2017
HUD/CDBG review of purchasing contract November 15, 2017 December 31, 2017
City Council purchasing contract and grant award contract approval November 1, 2017 December 31, 2017
Bid solicitation for fire truck equipment January 2, 2018 June 29, 2018
Equipment delivery January 15, 2018 July 31, 2018
Project completed and closed out. August 1, 2018 August 31, 2018
D. INCOME AND EXPENSE STATEMENT
Grant Funds City of El Cash/In Kind Other Total
20. BUDGET Requested Mirage Donations Grants Activity Cost
INCOME BUDGET
Maricopa Urban County CDBG 200,000 200,000
Other State/Federal Funding -
Local Funds 300,000 300,000
Other Grants 35,668 35,668
-
-
Total Income 200,000 300,000 - 35,668 535,668
NON-HOUSING CONSTRUCTION ACTIVITIES
Professional Services
Engineering/Design -
Constuction Management -
Purchase Fire Truck and
Equipment for the Truck 200,000 300,000 35,668 535,668
Construction
Construction -
Other Expenses
Economic Development -
Relocation -
Equipment and Tools -
Total Expense 200,000 300,000 - 35,668 535,668
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SECTION IV COMPENSATION
SECTION IV
COMPENSATION
Maricopa County
Human Services
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SECTION IV COMPENSATION
A. COMPENSATION
1. Subject to the availability and authorization of funds for the explicit purposes set forth below,
County will pay the Subrecipient compensation for services rendered as indicated in the
following subsections.
2. Contractor 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).
B. METHOD OF PAYMENT
1. 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:
a. invoices and copies of checks showing payment of invoices and/or
b. timesheets showing hours worked on eligible activities.
2. 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 incorporated in this
Agreement (Attachment B).
C. TIMELINESS
Subrecipient will submit Requests for Reimbursements to the County at least quarterly, provided
whenever Subrecipient has expended at least $1,000. Subrecipient must seek reimbursement of
expenditures within the same fiscal year in which the expenditures are incurred. The fiscal year runs
July 1 through June 30 and all Requests for Reimbursement shall be submitted no later than July 10th
for the preceding year.
D. REIMBURSEMENT
The County shall provide financial assistance in an amount up to one hundred thirty-eight thousand,
two hundred twenty-nine dollars ($138,229) subject to the terms of this Agreement and availability of
funds. This Agreement price constitutes the County’s entire participation and obligation in the
performance and completion of all work to be performed under this Agreement.
E. FINAL REIMBURSEMENT UPON CONTRACT TERMINATION
Upon 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.
1. This request shall be submitted no later than 30 days after the termination date except as noted
immediately below.
2. If the termination date is between June 10 and June 30, the final reimbursement request shall
be submitted by July 10.
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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SECTION IV COMPENSATION
SECTION V
ATTACHMENTS
Maricopa County
Human Services
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SECTION V ATTACHMENTS
ATTACHMENT A
EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
During the performance of this contract, the Subrecipient agrees as follows:
1. The Subrecipient will not discriminate against any employee or applicant for employment because of
race, color, religion, sex, or national origin. The Subrecipient will take affirmative action to ensure that
applicants are employed, and that em- ployees are treated during employment without regard to their
race, color, religion, sex, or national origin, such action shall include, but not be limited to the following:
Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship. The Subrecipient agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided setting forth the provisions of this
nondiscrimination clause.
2. The Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of the
contractor, state that all qualified applicants will receive considerations for employment without regard
to race, color, religion, sex, or national origin.
3. The Subrecipient will send to each labor union or representative of workers with which it has a
collective bargaining agreement or other contract or understanding, a notice to be provided advising
the said labor union or workers' representatives of the contractor's commitments under this section,
and shall post copies of the notice in conspicuous places available to employees and applicants for
employment.
4. The Subrecipient will comply with all provisions of Executive Order 11246 of September 24, 1965,
and of the rules, regu- lations and relevant orders of the Secretary of Labor.
5. The Subrecipient will furnish all information and reports re quired by Executive Order 11246 of
September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant
thereto, and will permit access to its books, records, and accounts by the administering agency and the
Secretary of Labor for purposes of investigation to ascertain compli- ance with such rules, regulations,
and orders.
6. In the event of the Subrecipient's non-compliance with the nondiscrimination clauses of this contract
or with any of the said rules, regulations, or orders, this contract may be can- celed, terminated, or
suspended in whole or in part and the Subrecipientr may be declared ineligible for further Government
contracts or federally assisted construction contracts in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies
invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order
of the Secretary of Labor, or as otherwise provided by law.
7. The Subrecipient will include the portion of the sentence immediately preceding paragraph (1) and the
provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by
rules, regulations, or orders of the Sec retary of Labor issued pursuant to section 204 of Executive
Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor
or vendor. The Subrecipient will take such action with respect to any subcontract or purchase order as
the administering agency may direct as a means of enforcing such provisions, including sanctions for
noncompliance: Provided, however, That in the event a contractor becomes involved in, or is
threatened with, litigation with a subcontractor or vendor as a result of such direction by the
administering agency the contractor may request the United States to enter into such litigation to
protect the interests of the United States.
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8. The Subrecipient further agrees that it will be bound by the above equal opportunity clause with respect to
its own employment practices when it participates in federally assisted construction work: provided, that
if the Subrecipient so participating is a State or local government, the above equal opportunity clause is
not applicable to any agency, instrumentality or subdivision of such government which does not
participate in work on or under the contract.
9. The Subrecipient agrees that it will assist and cooperate actively with the administering agency and the
Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal
opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will
furnish the administering agency and the Secretary of Labor such information as they may require for
the supervision of such compliance, and that it will otherwise assist the administering agency in the
discharge of the agency's primary responsibility for securing compliance.
10. The Subrecipient further agrees that it will refrain from entering into any contract or contract
modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from,
or who has not demonstrated eligibility for, Government contracts and Federally-assisted construction
contracts pursuant to the Executive order and will carry out such sanctions and penalties for violation
of the equal opportunity clause as may be imposed.
Signature/Authorized City Official Date Subrecipient
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SECTION V ATTACHMENTS
ATTACHMENT B
CERTIFICATIONS
In accordance with the applicable statutes and the regulations governing the consolidated plan regulations, the
jurisdiction certifies that:
Affirmatively Further Fair Housing -- The jurisdiction shall affirmatively further fair housing, which means
it shall conduct an analysis of impediments to fair housing choice within the jurisdiction, take appropriate
actions to overcome the effects of any impediments identified through that analysis, and maintain records
reflecting that analysis and actions in this regard.
Anti-displacement and Relocation Plan -- It shall comply with the acquisition and relocation requirements
of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and
implementing regulations at 49 CFR 24; and it has in effect and is following a residential anti-displacement and
relocation assistance plan required under section 104(d) of the Housing and Community Development Act of
1974, as amended, in connection with any activity assisted with funding under the CDBG or HOME programs.
Drug-Free Workplace -- It shall or shall continue to provide a drug-free workplace by:
1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying
the actions that shall be taken against employees for violation of such prohibition;
2. Establishing an ongoing drug-free awareness program to inform employees about -
(a) The dangers of drug abuse in the workplace;
(b) The grantee's policy of maintaining a drug-free workplace;
(c) Any available drug counseling, rehabilitation, and employee assistance programs; and
(d) The penalties that may be imposed upon employees for drug abuse violations occurring in the
workplace;
3. Making it a requirement that each employee to be engaged in the performance of the grant be given a
copy of the statement required by paragraph 1;
4. Notifying the employee in the statement required by paragraph 1 that, as a condition of employment
under the grant, the employee shall -
(a) Abide by the terms of the statement; and
(b) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute
occurring in the workplace no later than five calendar days after such conviction;
5. Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph
4(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted
employees must provide notice, including position title, to every grant officer or other designee on
whose grant activity the convicted employee was working, unless the Federal agency has designated a
central point for the receipt of such notices. Notice shall include the identification number(s) of each
affected grant;
6. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph
4(b), with respect to any employee who is so convicted -
(a) Taking appropriate personnel action against such an employee, up to and including termination,
consistent with the requirements of the Rehabilitation Act of 1973, as amended; or
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SECTION V ATTACHMENTS
(b) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation
program approved for such purposes by a Federal, State, or local health, law enforcement, or other
appropriate agency;
7. Making a good faith effort to continue to maintain a drug-free workplace through implementation of
paragraphs 1, 2, 3, 4, 5, and 6.
Anti-Lobbying -- This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. The jurisdiction understands that: a.) submission of this certification
is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code and
b.) Any person who fails to file the required certification shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
To the best of the jurisdiction's knowledge and belief:
1. No Federal appropriated funds have been paid or shall be paid, by or on behalf of it, 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 contract, 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 contract, grant, loan, or cooperative agreement;
2. If any funds other than Federal appropriated funds have been paid or shall be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement, the jurisdiction shall complete and submit
Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and
3. It shall require that the language of paragraph 1 and 2 of this anti-lobbying certification be included in
the award documents for all sub awards at all tiers including subcontracts, subgrants, and contracts
under grants, loans, and cooperative agreements and that all Subrecipients shall certify and disclose
accordingly.
Consistency with plan -- The activities to be undertaken with CDBG funds are consistent with the strategic
plan.
Section 3 -- It shall comply with section 3 of the Housing and Urban Development Act of 1968, and
implementing regulations at 24 CFR Part 135.
Signature/Authorized City Official Date
Printed/Typed Name Title
Subrecipient Name
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SECTION V ATTACHMENTS
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 CFR 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, expand economic opportunities primarily for persons of
low and moderate income. (See CFR 24 570.2 and CFR 24 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 grantee certifies are designed to
meet other community development needs having a particular 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 guaranteed loans during
program year(s) 2015, 2016, 2017 (a period specified by the grantee 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;
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 source other than CDBG funds if the jurisdiction certifies that it lacks CDBG funds to cover the
assessment.
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SECTION V ATTACHMENTS
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 which 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 USC 2000d), the Fair Housing Act (42 USC 3601-3619), and
implementing regulations.
Lead-Based Paint -- Its notification, inspection, testing and abatement procedures concerning lead-based
paint shall comply with the requirements of 24 CFR §570.608;
Compliance with Laws -- It shall comply with applicable laws.
Signature/Authorized City Official Date
Printed/Typed Name Title
Subrecipient Name
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SECTION V ATTACHMENTS
APPENDIX TO CERTIFICATIONS
INSTRUCTIONS CONCERNING LOBBYING AND DRUG-FREE WORKPLACE
REQUIREMENTS:
A. Lobbying Certification
B. Drug-Free Workplace Certification
1. By signing and/or submitting this application or grant agreement, the grantee is
providing the certification.
2. The certification is a material representation of fact upon which reliance is placed
when the agency awards the grant. If it is later determined that the grantee
knowingly rendered a false certification, or otherwise violates the requirements of
the Drug-Free Workplace Act, HUD, in addition to any other remedies available to
the Federal Government, may take action authorized under the Drug-Free
Workplace Act.
3. Workplaces under grants, for grantees other than individuals, need not be identified
on the certification. If known, they may be identified in the grant application. If the
grantee does not identify the workplaces at the time of application, or upon award,
if there is no application, the grantee must keep the identity of the workplace(s) on
file in its office and make the information available for Federal inspection. Failure to
identify all known workplaces constitutes a violation of the grantee's drug-free
workplace requirements.
4. Workplace identifications must include the actual address of buildings (or parts of
buildings), or other sites where work under the grant takes place. Categorical
descriptions may be used (e.g., all vehicles of a mass transit authority or State
highway department while in operation, State employees in each local
unemployment office, performers in concert halls or radio stations).
5. If the workplace identified to the agency changes during the performance of the
grant, the grantee shall inform the agency of the change(s), if it previously identified
the workplaces in question (see paragraph three).
6. The grantee may insert in the space provided below the site(s) for the performance
of work done in connection with the specific grant:
Place of Performance (Street address, city, county, state, zip code)
Check  if there are workplaces on file that are not identified here.
The certification with regard to the drug-free workplace is required by 24 CFR Part 24, subpart F.
7. Definitions of terms in the Non-procurement Suspension and Debarment common rule and
Drug-Free Workplace common rule apply to this certification. Grantees' attention is called, in
particular, to the following definitions from these rules:
"Controlled substance" means a controlled substance in Schedules I through V of the Controlled
Substances Act (21 U.S.C. 812) and as further defined by regulation (21 CFR 1308.11 through
1308.15);
"Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of
sentence, or both, by any judicial body charged with the responsibility to determine violations
of the Federal or State criminal drug statutes;
"Criminal drug statute" means a Federal or non-Federal criminal statute involving the
manufacture, distribution, dispensing, use, or possession of any controlled substance;
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SECTION V ATTACHMENTS
"Employee" means the employee of a grantee directly engaged in the performance of work under
a grant, including: (i) All "direct charge" employees; (ii) all "indirect charge" employees unless
their impact or involvement is insignificant to the performance of the grant; and (iii) temporary
personnel and consultants who are directly engaged in the performance of work under the grant
and who are on the grantee's payroll. This definition does not include workers not on the payroll
of the grantee (e.g., volunteers, even if used to meet a matching requirement; consultants or
independent Subrecipients not on the grantee's payroll; or employees of Subrecipients or
subcontractors in covered workplaces).
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SECTION V ATTACHMENTS
ATTACHMENT B
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