CITY OF GOODYEAR CDBG CONTRACT DG1404.PDF

INTERGOVERNMENTAL AGREEMENT
FOR SERVICES BETWEEN
MARICOPA COUNTY
ADMINISTERED BY ITS
HUMAN SERVICES DEPARTMENT
AND
CITY OF GOODYEAR
Contract Amount: $233,597
Contract Start Date: July 1, 2014
Contract Termination Date: Contract Term 24 months from the date fully executed.
Contract Number:
Program Number: DG1404
CFDA Number: 14.218, Community Development Block Grant
DUNS #: 095919619
This Agreement is entered into by and between the City of Goodyear(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
- Certifications
- Special CDBG Certifications
- Appendix to Certifications
Section III – Work Statement
Section IV – Compensation
Subrecipient Representative: Katie Wilken Phone: 623-882-7948
Planner III Email: katie.wilken@goodyearaz.gov
Address: 190 N. Litchfield Road
Goodyear, AZ 85338
Maricopa County Representative: Carl Morgan Phone: (602) 372-1529
Proj. Coord. 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.
IN WITNESS THEREOF, the Parties have signed this Agreement:
Page 1
Maricopa County Human Services Department
Goodyear Façade Improvements – DG1404

Approved By: Approved By:
SUBRECIPIENT MARICOPA COUNTY
Authorized Signature Chairman, Board of Supervisors
DATE DATE
Attested to: Attested to:
City Clerk Clerk, Board of Supervisors
DATE DATE
IN ACCORDANCE WITH A.R.S. §§ 11-952, 11-201, AND 11-251, THIS AGREEMENT HAS BEEN REVIEWED BY
THE UNDERSIGNED DEPUTY COUNTY ATTORNEY WHO 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 Attorney for the Board of Supervisors
DATE DATE
Page 2
Maricopa County Human Services Department
Goodyear Façade Improvements – DG1404

SECTION I
GENERAL PROVISIONS
Maricopa County
Human Services Department
Page 3
Maricopa County Human Services Department
Goodyear Façade Improvements – DG1404

Section I General Provisions
A. 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.
B. DEFINITIONS
As used throughout this Agreement, the following terms shall have the following meanings:
1. Agreement means this Contract for Services which includes the General Provision, Special
Provisions, Work Statement, Compensation, and all applicable attachments, exhibits, appendix, and
any laws, rules, or regulations incorporated by reference.
2. Assistant Director means the Director of a specific Division within the Human Services
Department.
3. Board of Supervisors means the Maricopa County Board of Supervisors.
4. Contract means any contract 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.
5. Contract Administrator means the person administering this Agreement on behalf of the
Department.
6. Contract Coordinator means the liaison between the Department and the Subrecipient that is
responsible for contract monitoring and technical assistance.
7. Contractor means an entity funded through the Subrecipient to provide services required by the
Work Statement.
8. County means Maricopa County.
9. Department means the Maricopa County Human Services Department.
10. Director means the Director of the Maricopa County Human Services Department.
11. Division means a section of the Human Services Department.
12. Fidelity Bond means a bond to indemnify the Subrecipient against losses resulting from fraud or
lack of integrity, honesty or fidelity of one or more employees, officers or other persons holding a
position of trust.
13. Intergovernmental Agreement means an agreement entered between two or more public
agencies for services, to jointly exercise any power common to them, or
for joint or cooperative action to perform some or all of the services specified in their agreement as
provided by A.R.S. § 11-952.
14. Juvenile means any person under the age of eighteen (18).
15. Payment Bond means a bond executed to assure payment as required by law of all persons
performing work or providing materials in the execution of work provided in this Agreement.
Page 4
Maricopa County Human Services Department
Goodyear Façade Improvements – DG1404

Section I General Provisions
16. Performance Bond means a bond executed to secure fulfillment of all of the Subrecipient's
obligations under this Agreement.
17. Program Manager means the Assistant Director of a Division of Human Services.
18. Provider means any Subrecipient and/or contractor providing services required by this
Agreement.
19. Public Agency has the meaning prescribed by A.R.S. § 11-951.
20. Subcontract means any contract 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.
21. Subcontractor means an entity funded through the Subrecipient to provide services required by
the Work Statement.
22. Subrecipient means the person, firm or organization listed on the Cover Page of this Agreement.
23. Work Statement means the section of this Agreement that contains a description of services to be
delivered pursuant to this Agreement.
C. 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 and 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 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 Department 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.
D. AMENDMENTS
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. All Amendments to this Agreement shall be in writing and signed by authorized signers for both
Parties.
Page 5
Maricopa County Human Services Department
Goodyear Façade Improvements – DG1404

Section I General Provisions
E. 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 Contract Administrator. Subrecipient shall bear
all liability under this Agreement, even if it is assigned, delegated or subcontracted, in whole or in part,
unless the Department agrees otherwise.
F. 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 Department for disbursement. The Director shall be the sole authority in
determining the availability of funds under this Agreement and the Department shall keep the
Subrecipient fully informed as to the availability of funds.
2. If any action is taken by any State agency, federal department or any other agency or
instrumentality to suspend, decrease or terminate its fiscal obligation under, or in connection with
this Agreement, the Board of Supervisors may amend, suspend, decrease or terminate its
obligations under or in connection with this Agreement. In the event of termination, the County
shall be liable for payment only for services rendered prior to the effective date of the termination,
provided that such services performed are in accordance with the provisions of this Agreement.
The Department 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.
G. BUDGET ADJUSTMENTS
Any requests for reasonable budget adjustments must be submitted ninety (90) days prior to the expiration
of this Agreement. Requests for adjustments to this Agreement must be supported by appropriate
documentation. If the County agrees to the budget adjustments, the County shall follow section D of this
Agreement to amend this Agreement.
H. DISPUTES
1. Except as may otherwise be provided for in this Agreement, any dispute arising out of this
Agreement that is not resolved between the Parties within a reasonable period of time, which shall
not exceed one hundred twenty (120) days, shall be submitted in accordance with the following
dispute resolution process.
2. Disputes must be in writing and filed with the Contract Administrator, if one has been appointed,
or, if not, with the County Procurement Officer within ten (10) working days from the date the
Subrecipient knew or should have known of the basis of the dispute. The Contract Administrator
or County Procurement Officer, as applicable, shall respond in writing to the Subrecipient within
fourteen (14) working days. The decision of the Contract Administrator or County Procurement
Officer 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 Director of
the Materials Management Department of Maricopa County, 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 of the Materials Management Department, the
Subrecipient shall proceed diligently with the performance of this Agreement in accordance with
the Contract Administrator or County Procurement Officer’s decision.
I. 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.
Page 6
Maricopa County Human Services Department
Goodyear Façade Improvements – DG1404

Section I General Provisions
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. Nonperformance of any obligations required by this Agreement.
b. Noncompliance 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. Noncompliance with applicable financial record requirements, accounting principles, or standards
established by OMB circulars.
f. Noncompliance with recordkeeping, record retention, or reporting requirements.
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
contract 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.
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; 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.
J. TERMINATION
1. 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
Page 7
Maricopa County Human Services Department
Goodyear Façade Improvements – DG1404

Section I General Provisions
Availability of Funds provision). The notice shall be given by personal delivery or by registered or
certified mail, postage prepaid and returned receipt requested.
2. This Agreement may be terminated by mutual written agreement of the Parties specifying the
termination date therein.
3. The County has the right to terminate this Agreement upon twenty-four (24) hour notice when the
County deems the health or welfare of the service recipients are endangered or 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.
4. In accordance with 24 CFR § 85.43, 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..
5. County or Subrecipient may terminate this Agreement for convenience in accordance with 24 CFR
§ 85.44. 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.
K. 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.
L. STRICT COMPLIANCE
The Department’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.
M. 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 contracts 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.
N. RECIPROCAL INDEMNIFICATION
Each Party (as “Indemnitor”) agrees to indemnify, defend, and hold harmless the other Party (as
“Indemnitee”) from and against all claims, losses, liability, costs, or expenses (including reasonable
attorneys’ fees, expert witnesses’ fees and other litigation costs) (hereinafter collectively referred to as
“Claims”) arising out of bodily injury (including death) of any person or property damage, but only to the
extent that such claims, which result in vicarious liability to the Indemnitee, are caused by the act, omission,
negligence, misconduct, or other fault of the Indemnitor, its officers, officials, agents, employees, or
volunteers.
O. TECHNICAL ASSISTANCE
The Department 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
Page 8
Maricopa County Human Services Department
Goodyear Façade Improvements – DG1404

Section I General Provisions
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.
P. SINGLE AUDIT ACT REQUIREMENTS
Subrecipients in receipt of federal funds through the Department are 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.). Subrecipients shall comply with OMB Circular A-133. 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. Subrecipients shall take corrective actions within six (6) months of the date of
receipt of the reports. The Department shall consider sanctions as described in OMB Circular A-133 for
Subrecipients not in compliance with the audit requirements.
Q. 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
Department will notify the Subrecipient in writing of the disallowance and the required course of
action, which shall be at the option of the Department, 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.
R. STAFF AND VOLUNTEER TRAINING
The Department may make available to the Subrecipient the opportunity to participate in any applicable
training activities conducted by the Department.
S. 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.
T. 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 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 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 contract, 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.
U. RELIGIOUS ACTIVITIES
Page 9
Maricopa County Human Services Department
Goodyear Façade Improvements – DG1404

Section I General Provisions
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.
V. 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.
W. 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.
X. 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, just as Subrecipient would safeguard its own confidential
information. Subrecipient shall include a clause to this effect in all Subcontracts.
Y. 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.
Z. 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.
AA. PATENTS
Any discovery or invention arising out of, or developed in the course of, work aided by this Agreement shall
be promptly and fully reported to the Department for determination as to whether patent protection on
such invention or discovery shall be sought and how the rights in the invention or discovery, including
rights under any patent issued thereon, shall be disposed of and administered, in order to protect the public
interest.
BB. CONTRACT COMPLIANCE MONITORING
The Department 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 Department 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 Department for inspection and copying.
CC. CONTINGENCY RELATING TO OTHER CONTRACTS AND GRANTS
1. The Subrecipient shall, during the term of this Agreement, immediately inform the Contract
Administrator 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
Page 10
Maricopa County Human Services Department
Goodyear Façade Improvements – DG1404

Section I General Provisions
Department of such award shall be considered a violation of this Agreement and the County may
immediately terminate this Agreement without liability.
2. The Contract Administrator 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 Contract Administrator the award of the agreement or grant may affect the
costs being paid or reimbursed under this Agreement.
3. If the Contract Administrator 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
Contract Administrator 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.
DD. 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 (29 U.S.C. §§ 201, et seq.).
EE. RECOGNITION OF DEPARTMENT SUPPORT
The Subrecipient shall give recognition to the Department, 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.
FF. INSURANCE
Subrecipient, at Subrecipient’s own expense shall 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 A+. In lieu of State of Arizona licensing, the
stipulated insurance m a y be purchased from a company or companies, which 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.
Subrecipient shall have in effect at all times during the term of this Agreement insurance that is adequate to
protect the County, its officers and employees, participants, and equipment funded under this Agreement
against the losses set forth below. Subrecipient shall name the County as an additional insured party.
Subrecipient shall provide the Department with documentation of insurance coverage by furnishing the
Contract Administrator a certificate of insurance or a certified copy of the insurance policy or other
documentation that is required by the Contract Administrator.
Subrecipient’s insurance shall be primary insurance as respects County, and any insurance or self-
insurance maintained by County shall not contribute to it.
Any failure to comply with the claim reporting provisions of the insurance policies or any breach of
an insurance policy warranty shall not affect the County’s right to coverage afforded under the
insurance policies.
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
Page 11
Maricopa County Human Services Department
Goodyear Façade Improvements – DG1404

Section I General Provisions
of such deductibles or self-insured retentions by a surety bond or an irrevocable and unconditional
letter of credit.
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 Contract.
The insurance policies required by this Contract, except Workers’ Compensation, shall name
County, its agents, representatives, officers, directors, officials and employees as Additional Insured’s.
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.
1. Commercial General Liability:
Commercial General Liability insurance and, if necessary, Commercial Umbrella insurance with
a limit of not less than $2,000,000 for each occurrence, $2,000,000 Products/Completed
Operations Aggregate, and $4,000,000 General Aggregate Limit. The policy shall
include coverage for bodily injury, broad form property damage, personal injury, products and
completed operations and blanket contractual coverage, and shall not contain any provision
which would serve to limit third party action over claims. There shall be no endorsement or
modification of the CGL limiting the scope of coverage for liability arising from explosion,
collapse, or underground property damage.
2. Automobile Liability:
Commercial/Business Automobile Liability insurance and, if necessary, Commercial Umbrella
insurance with a combined single limit for bodily injury and property damage of not less
than $2,000,000 each occurrence with respect to any of the Subrecipient’s owned, hired, and
non-owned vehicles assigned to or used in performance of the Subrecipient’s work or services
under this Contract.
3. Workers’ Compensation:
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 Contract; and Employer’s Liability insurance of not less than $1,000,000
for each accident, $1,000,000 disease for each employee, and $1,000,000 disease policy limit.
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 Contract.
4. Certificates of Insurance
Prior to commencing work or services under this Contract, Subrecipient shall have
insurance in effect as required by the Contract 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 Contract 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
Page 12
Maricopa County Human Services Department
Goodyear Façade Improvements – DG1404

Section I General Provisions
AND FAILURE TO MEET THIS REQUIREMENT WILL RESULT IN
CANCELLATION OF CONTRACT.
In the event any insurance policy(ies) required by this contract 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.
If a policy does expire during the life of the Contract, a renewal certificate must be sent to
County fifteen (15) days prior to the expiration date.
5. Cancellation and Expiration Notice.
Insurance required herein shall not be permitted to expire, be canceled, or materially
changed without thirty (30) days prior written notice to the County.
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
Department with proof of coverage.
GG. BONDING
1. The Subrecipient shall not receive any initial reimbursements under this Agreement in an amount
greater than the Subrecipient's bonding limit. Subrecipient shall provide the Contract
Administrator with documentation of required bonding.
2. Subrecipient shall have fidelity bonding of not less than the maximum amount of cash on hand or
an amount equal to the initial reimbursement, whichever is greater.
3. Bonding requirements shall prevail throughout the term of this Agreement.
HH. 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.
II. NONDISCRIMINATION
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.
JJ. EQUAL EMPLOYMENT OPPORTUNITY
Subrecipient shall not discriminate against any employee or applicant for employment because of race, age,
disability, color, religion, sex 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 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. Subrecipient shall, to the extent such provisions apply, 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
Page 13
Maricopa County Human Services Department
Goodyear Façade Improvements – DG1404

Section I General Provisions
Executive Order 2009-09, which mandates that all persons shall have equal access to employment
opportunities.
KK. 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.
LL. 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 Department, federal and State auditors and any other persons duly
authorized by the Department shall have full access to, and the right to examine, copy and make
use of any and all of the records.
MM. 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.
NN. 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
Contract Administrator. 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
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 Contract Administrator’s prior written
approval to purchase supplies by an alternate method.
3. Minority, Women and Small Business Enterprises
Page 14
Maricopa County Human Services Department
Goodyear Façade Improvements – DG1404

Section I General Provisions
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. If the Subrecipient is a Public Agency, the Subrecipient's own bidding procedures shall govern.
5. 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.
OO. 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 Department, and shall revert to
the County upon termination of this Agreement, unless the Contract Administrator 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 Contract Administrator.
PP. IMMIGRATION REFORM AND CONTROL COMPLIANCE
Subrecipient understands and acknowledges the applicability of the Immigration Reform and Control Act
of 1986 (Pub. L. No. 99-603) (“IRCA”). Subrecipient shall comply with the IRCA in performing under this
Agreement and shall grant the County access to inspect its personnel records to verify such compliance.
QQ. 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.
RR. GOVERNOR’S EXECUTIVE ORDER NO. 88-26
The Subrecipient is required to use the Arizona Taxonomy of Human Services for reporting and
contracting purposes.
SS. STATUTORY RIGHT OF CANCELLATION
Notice is given that pursuant to A.R.S. § 38-511, the County may cancel this Agreement without penalty or
further obligation within three years after execution of this Agreement, if any person significantly involved
in initiating, negotiating, securing, drafting or creating this Agreement on behalf of the County is, at any
time while this Agreement or any extension of this Agreement is in effect, an employee or agent of any
other Party to this Agreement in any capacity or consultant to any other Party of this Agreement with
respect to the subject matter of this Agreement. The County may also recoup any fee or commission paid
or due to any person significantly involved in initiating, negotiating, securing, drafting or creating this
Agreement on behalf of this County from any other Party to this Agreement arising as the result of this
Agreement.
TT. EMPLOYMENT DISCLAIMER
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.
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.
Page 15
Maricopa County Human Services Department
Goodyear Façade Improvements – DG1404

Section I General Provisions
UU. 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 (put in name of the organization)
(“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:
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 3-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
contract 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 3-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 Department if, at any time during the term of this Agreement, it is
debarred, suspended, declared ineligible, or voluntarily excluded from participation, The
Department 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 a person or organization that is
debarred, suspended, declared ineligible, or voluntarily excluded from participation. The
Department may pursue available remedies in the event of such occurrence, including immediate
termination of this Agreement.
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.
Should the Subrecipient not be able to provide this Certification, an explanation as to why shall be
immediately provided to the Department, Attention: Maricopa County Human Services, 234 N. Central
Ave., 3rd Fl., Phoenix, AZ 85004.
VV. VERIFICATION REGARDING COMPLIANCE WITH ARIZONA REVISED STATUTES §
23-214 AND FEDERAL IMMIGRATION LAWS AND REGULATIONS
By entering into this Agreement, the Subrecipient represents and warrants compliance with the Immigration
and Nationality Act (8 U.S.C. §§ 1101, et seq.) (INA) and all other federal and State immigration laws and
regulations related to the immigration status of its employees. The Subrecipient shall obtain statements
from its contractors certifying compliance and shall furnish the statements to the Department upon request.
These representations and warranties shall remain in effect throughout the term of this Agreement. The
Subrecipient and its contractors shall also maintain Employment Eligibility Verification forms (I-9), as
required by the U.S. Department of Labor’s Immigration Reform and Control Act of 1986 (Pub. L. No. 99-
Page 16
Maricopa County Human Services Department
Goodyear Façade Improvements – DG1404

Section I General Provisions
603), for all employees performing work under the Contract. I-9 forms are available for download at
USCIS.GOV.
The Subrecipient warrants that it is in compliance with A.R.S. § 41-4401 (e-verify requirements) and further
acknowledges:
1. That Subrecipient and its contractors, 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;
2. That a breach of a warranty under subsection 1 above, shall be deemed a material breach of this
Agreement and the County may immediately terminate this Agreement without liability;
3. That the County and any contracting government entity retains the legal right to inspect the papers
and employment records of any Subrecipient or contractor employee who works on this
Agreement to ensure that the Subrecipient or contractor is complying with the warranty provided
under subsection 1 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.
WW. SUBRECIPIENT EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO
INFORM EMPLOYEES OF WHISTLERBLOWER RIGHTS:
1. The Parties agree that this Contract and employees working on this Contract 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 September 2013).
XX. COMPLIANCE WITH REQUIREMENTS REGARDING ELIGIBILITY FOR PUBLIC
BENEFITS
Subrecipient shall comply with State and other laws regarding eligibility for public benefits including ARS
§ 1-501 and § 1-502 which states that public benefits shall only be provided to eligible applicants who are
citizens of the United States, or are Qualified Non-Citizens:
1. All applicants authorized to receive public benefits must provide documentation of their lawful
presence in the United States through a verification process.
2. All eligible applicants must also execute a sworn affidavit stating that the documentation
provided during the verification process to prove citizenship or qualified non-citizen is true.
3. The Affidavit Demonstrating Lawful Presence in the United States or similar form shall be used
to document compliance with requirements 1 and 2, above.
4. Employees of Maricopa County and its subcontracted entities are required to report “discovered
violations” of federal immigration law
5. Public benefits are defined in ARS 1-501 as any grant, contract, loan, professional license, or
commercial license provided by an agency of the United States or by appropriated funds of the
United States; and any retirement, welfare, health, disability, public or assisted housing,
postsecondary education, food assistance, unemployment benefit, or any other similar benefit for
Page 17
Maricopa County Human Services Department
Goodyear Façade Improvements – DG1404

Section I General Provisions
which payments or assistance are provided to an individual, household, or family eligibility unit
by an agency of the United States or by appropriated funds of the United States.
6. Programs, services, or assistance such as soup kitchens, crisis counseling and intervention, and
short-term shelter which meet the following conditions are exempt from ARS 1-501 and 1-502.
(i) deliver in-kind services at the community level, including through public or private nonprofit
agencies;
(ii) do not condition the provision of assistance, the amount of assistance provided, or the cost
of assistance provided on the individual recipient’s income or resources; and
(iii) are necessary for the protection of life or safety.
Page 18
Maricopa County Human Services Department
Goodyear Façade Improvements – DG1404

SECTION II
SPECIAL PROVISIONS
Maricopa County
Human Services
Page 19
Maricopa County Human Services Department
Goodyear Façade Improvements – DG1404

Section II Special Provisions
A. EFFECT
To the extent that the Special Provisions are in conflict with the General Provisions, the Special
Provisions shall control. To the extent that the Work Statement is in conflict with the General
Provisions or the Special Provisions, then the Work Statement shall control. To the extent that the
Compensation Provisions are in conflict with the General Provisions, Special Provisions or Work
Statement then the Compensation Provisions shall control.
B. SPECIAL FEDERAL AND PROJECT PROVISIONS
Program Activity: The SUBRECIPIENT agrees to implement the activity fully as described in each
Work Statement in accordance with the terms of the Five-Year Consolidated Plan and the Annual
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). The Annual Action Plan and the CDBG
Application for this project are hereby incorporated by reference into this Agreement. In summary, the
Activity is described in Work Statement, Section III.
C. DEFINITIONS
As used throughout this Section as a supplement to Definitions in Section I, the following terms shall
have the following meanings:
1. Subrecipient means a public agency or nonprofit organization identified on the cover page of
this Agreement to administer all or a portion of the County’s CDBG or HOME Program.
2. HUD means U.S. Department of Housing and Urban Development
3. CDBG means Community Development Block Grant Program
4. HOME means HOME Investment Partnership Program
5. COUNTY means Maricopa County Human Services Department/Community Development
Division
6. CD means Community Development
7. Admin Manual means Administrative Manual produced by the Human Services
Department/Community Development Division
8. CDAC means Community Development Advisory Committee
9. BOS means Maricopa County Board of Supervisors
D. STANDARDS
The SUBRECIPIENT shall perform the work and provide the services as identified in the Work
Statement and shall immediately notify the Contract Administrator 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.
E. 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.
F. GENERAL PROVISIONS, SECTION I, SUPERSEDED IN SPECIAL PROVISIONS,
SECTION II
1. KK. Financial Management” is superseded in Special Provisions
2. RR Governor’s executive order no. 88-26 is deleted
G. AUDIT REQUIREMENTS
Page 20
Maricopa County Human Services Department
Goodyear Façade Improvements – DG1404

Section II Special Provisions
In accordance with A.R.S. § 11-624, the SUBRECIPIENT shall, at its own expense, file with the Human
Resources Department/Community Development Division by March 30th, either:
1. Audited financial statements prepared in accordance with federal single audit requirements; or,
2. Financial statements prepared in accordance with generally accepted accounting principles audited
by an independent certified public accountant.
H. 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 may be retained and used by the SUBRECIPIENT subject to the following
conditions:
a. program income shall be tracked by the SUBRECIPIENT and accounted for in a
separate fund or account;
b. program income funds shall be expended for eligible program expenses before
additional CDBG Funds are requested;
c. documentation supporting the amount of program income received and expended shall
be submitted quarterly with the quarterly progress report;
d. a program income log that states program income received and expended shall be
submitted at the end of each fiscal year, June 30th.
3. Program income that is not expended at the end of this Agreement shall be sent to the
COUNTY in accordance with 24 CFR § 92.503 within 30 days of receipt.
I. 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. 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.
3. Documentation and Record Keeping
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;
(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
Page 21
Maricopa County Human Services Department
Goodyear Façade Improvements – DG1404

Section II Special Provisions
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, and OMB Circular A -
110;
(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. Housing - Records which demonstrate compliance with deeds of trust, promissory
notes, and forgivable loans associated with owner occupied housing activities.
c. Public Facilities - Records which demonstrate continuing ownership and eligible use of
facility according to CDBG regulations.
d. Outcome Measures – The SUBRECIPIENT shall maintain data that supports the
accomplishment of the desired outcomes as indicated in the Work Statement.
e. Records Retention - The SUBRECIPIENT shall retain all records pertinent to this
Agreement for a period of six (6) years after all CDBG requirements have been met. In
the event of litigation, a claim, or an audit is begun before the expiration of this
retention period, said records shall be retained until all such action or audit findings
involving the records have been resolved.
f. 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.
g. Client Data - The SUBRECIPIENT shall maintain client data demonstrating client
eligibility for services provided. Such data shall include, but not be limited to, client
name, address, income level or other basis for determining eligibility and description of
service provided.
h. 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.
i. 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. The
SUBRECIPIENT hereby agrees to have an Annual Audit conducted in accordance
with Administrative Manual on CD concerning SUBRECIPIENT audits. The Annual
Audit requirement is applicable to all levels of funding received by SUBRECIPIENTS
via this Agreement, even if the level of funding is less than the current thresholds cited
in OMB Circular A-133.
4. Reporting
Page 22
Maricopa County Human Services Department
Goodyear Façade Improvements – DG1404

Section II Special Provisions
a. Progress Reports - The SUBRECIPIENT shall be responsible to provide reports on all
activities related the Scope of Work. The SUBRECIPENT 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
due on the 25th of 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) 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 program income
requirements of 570.504(c) and shall report on the Program Income Report (see
Administrative Manual on CD) all received and expended program income as defined
in 24 CFR § 570.500(a) 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 on the Program Income Report and
submitted with the Quarterly Progress Report. 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 on
CD. 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.
5. 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.
6. 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 contractor is not on the
debarred list is received from the COUNTY.
b. 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.
c. 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
Page 23
Maricopa County Human Services Department
Goodyear Façade Improvements – DG1404

Section II Special Provisions
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.
d. Contract Monitoring - The SUBRECIPIENT shall monitor/review all subcontracted
services on a regular basis to assure contract 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.
e. 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.
J. POLICY/ADMINISTRATIVE MANUALS USE:
SUBRECIPIENT agrees to be familiar with and comply with the policies/procedures established in the
most recent CDAC/BOS Policy Manual and all provisions in the most recent Administrative Manual on
CD. Noncompliance with the Administrative Manual on CD shall constitute a breach of contract.
K. 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. Completion of the Environmental Review Record (ERR) is mandatory before
taking any physical action on a site or entering into contracts. If federal funds are involved in an
activity, neither federal nor non-federal funds may be expended or committed by contract
(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:
- Clean Air Act, 42 USC § 7401, et seq., as amended.
- 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.
- Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50, as
amended.
- 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.
Page 24
Maricopa County Human Services Department
Goodyear Façade Improvements – DG1404

Section II Special Provisions
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.
L. 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.
M. ACTIVITY COMPLETION:
Upon the final payment to the SUBRECIPIENT by the COUNTY, the activity shall be considered
complete. Upon completion of the Work Statement, all unspent CDBG resources shall be returned to
the CDBG unprogrammed funds account. The SUBRECIPIENT shall continue to be responsible for
compliance activities for the life of the assisted activity. The close-out letter generated by the COUNTY
shall detail these responsibilities and shall be sent to the SUBRECIPIENT. The SUBRECIPIENT
agrees to comply with the stipulations in the close-out letter that addresses responsibilities after the close
of an activity.
N. 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.
O. GENERAL CONDITIONS:
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. 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 B to this CONTRACT.
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);
Page 25
Maricopa County Human Services Department
Goodyear Façade Improvements – DG1404

Section II Special Provisions
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 S. 85.36
(e) 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 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 warrants that it is in compliance with A.R.S. Section 41-4401
and further acknowledges:
i. That the SUBRECIPIENT and its contractors, 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, subsection A;
ii. That a breach of a warranty under subsection a. above, shall be deemed a
material breach of the contract that is subject to penalties up to and including
termination of the contact;
iii. That the contracting government entity retains the legal right to inspect the
employment papers of any SUBRECIPIENT or contractor employee who
works on the contract to ensure that the SUBRECIPIENT or contractor is
complying with the warranty provided under subsection 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; and
iv. That nothing herein shall make any contactor or subcontractor an agent or
employee of the Subrecipient.
v. All Applicable Federal, State and local laws and regulations, including
compliance with ARS § 1-501 and § 1-502 (Attachment A).
Page 26
Maricopa County Human Services Department
Goodyear Façade Improvements – DG1404

Section II Special Provisions
p. SUBRECIPIENTS which are governmental entities (including public agencies) shall
comply with the requirements and standards of OMB Circular No. A-87, "Cost
Principles for State, Local and Indian Tribal Governments", and with 24CFR Part 85
"Uniform Administrative Requirements for Grants and Cooperative Agreements to
State and Local Governments" and OMB Circular No. A-133 “Audits of States, Local
Governments, and Non-Profit Organizations.”
q. SUBRECIPIENTS who are non-profits shall comply with the requirements and
standards of 24 CFR Part 84, OMB Circular No. A-122, "Cost Principles for Nonprofit
Organizations", or OMB Circular No. A-21, "Cost Principles for Educational
Institutions", as applicable, OMB Circular A-134, “Financial Accounting Principles and
Standards” and OMB Circular A-133, "Audits of States, Local Governments, and Non-
Profit Organizations" (as set forth in 24 CFR Part 45). Audits shall be conducted
annually. Such SUBRECIPIENTS shall also comply with OMB circular A-110, located
at 2 CFR, Part 215, “Uniform Administrative Requirements for Grants and Other
Agreements with Institutions of Higher Education, Hospitals, and other Non-Profit
Organizations”.
r. The COUNTY may amend this Agreement at any time provided that such amendments
make specific reference to this Agreement and are executed in writing, signed by a duly
authorized representative of both organizations and in compliance with the procedures
in the Administrative Manual on CD. Such amendments shall not invalidate the
Agreement nor relieve or release the COUNTY or SUBRECIPIENT from its
obligations under this Agreement. Amendments shall be filed with the original
Agreement.
s. The COUNTY may, at any time, by written order, make changes within the general
scope of this Agreement in any one or more of the following areas:
1) Work Statement changes reflecting Federal, State, County or Department
regulations, policies or requirements; and implementation schedule revisions
approved by CDAC.
2) Administrative requirements such as changes in reporting periods, frequency of
reports, or report formats required by Funding Source or Department
regulations, policies or requirements. It is the responsibility of the
SUBRECIPIENT to ensure the latest documents are consulted and followed.
3) Increase/decrease in dollar amounts up to ten percent per the Board of
Supervisors (BOS) policies.
t. It is expressly understood by the parties hereto that this Agreement has been negotiated
and executed in anticipation of receipt of funds by the COUNTY from HUD pursuant
to the CDBG Program and that therefore, 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.
u. The Annual Action Plan and the CDBG Application for this project are hereby
incorporated by reference into this Agreement.
v. 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.
Page 27
Maricopa County Human Services Department
Goodyear Façade Improvements – DG1404

Section II Special Provisions
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
(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;
Page 28
Maricopa County Human Services Department
Goodyear Façade Improvements – DG1404

Section II Special Provisions
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 -- 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, it 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.
Authority of Jurisdiction -- The consolidated plan is authorized under State and local law (as applicable) and the
jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding, in accordance with
applicable HUD regulations.
Consistency with plan -- The housing activities to be undertaken with CDBG, HOME, ESG, and HOPWA 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
City of Goodyear
City Name
Page 29
Maricopa County Human Services Department
Goodyear Façade Improvements – DG1404

Section II Special Provisions
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) 2012, 2013, 2014 (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.
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
Page 30
Maricopa County Human Services Department
Goodyear Façade Improvements – DG1404

Section II Special Provisions
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
City of Goodyear
City Name
Page 31
Maricopa County Human Services Department
Goodyear Façade Improvements – DG1404

Section II Special Provisions
APPENDIX TO CERTIFICATIONS
INSTRUCTIONS CONCERNING LOBBYING AND DRUG-FREE WORKPLACE REQUIREMENTS:
A. Lobbying Certification
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by section 1352, title 31, U.S. Code. 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.
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.
Page 32
Maricopa County Human Services Department
Goodyear Façade Improvements – DG1404

Section II Special Provisions
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;
"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 contractors not on the grantee's payroll; or
employees of SUBRECIPIENTs or subcontractors in covered workplaces).
Page 33
Maricopa County Human Services Department
Goodyear Façade Improvements – DG1404

SECTION III
WORK STATEMENT
Maricopa County
Human Services

SECTION III WORK STATEMENT
Page 35
Maricopa County Human Services Department
Goodyear Façade Improvements – DG1404

SECTION III WORK STATEMENT
Page 36
Maricopa County Human Services Department
Goodyear Façade Improvements – DG1404

SECTION III WORK STATEMENT
Cash/In Other Funds:
Total Applicant’s Grant Funds
BUDGET Kind Local, State,
Activity Cost Own Funds Requested
Donations or Federal
INCOME BUDGET
Urban County CDBG 233,597 233,597
Local Funds 58,400 58,400
Cash / In Kind Donations 20,000 20,000
Total Income- Main St. 311,997 0 68,400 0 233,597
ECONOMIC DEVELOPMENT ACTIVITIES
Acquisition 0
Rehabilitation 291,997 58,400 233,597
Loans / Grant to For-Profits 0
Microenterprise 0
Job Training / Employment 0
Technical Assistance 0
Program Design + Administration 20,000 20,000
Total Expense 311,997 0 78,400 0 233,597
Page 37
Maricopa County Human Services Department
Goodyear Façade Improvements – DG1404

SECTION III WORK STATEMENT
City of Goodyear Redevelopment Area
Page 38
Maricopa County Human Services Department
Goodyear Façade Improvements – DG1404

SECTION IV
COMPENSATION
Maricopa County
Human Services
Page 39
Maricopa County Human Services Department
Goodyear Façade Improvements – DG1404

A. COMPENSATION
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.
B. METHOD OF PAYMENT
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
- invoices and copies of checks showing payment of invoices and/or
- timesheets showing hours worked on eligible activities.
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.
C. REIMBURSEMENT
The COUNTY shall provide financial assistance in an amount up to Two Hundred Thirty Three
Thousand, Five Hundred Ninety Seven dollars ($233,597.00) 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.
D. 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.
Page 40
Maricopa County Human Services Department
Goodyear Façade Improvements – DG1404