Agreement - signed by vendor
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CITY OF GLENDALE
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
SUBRECIPIENT AGREEMENT — NONPROFIT CORPORATIONS
(ACTIVITY TYPE: PHYSICAL IMPROVEMENT)
FY 2022-2023
THIS) SUBRECIPIENT AGREEMENT (“Agreement”) is executed this “Arn day of
, 2023 by and between Habitat for Humanity Central Arizona, an Arizona nonprofit
corporation (“Subrecipient”), and the City of Glendale, an Arizona municipal corporation (the “City”).
RECITALS
A. City has entered into a grant agreement with the United States Department of Housing and Urban
Development (“HUD”) for financial assistance to conduct the Community Development Block Grant
(“CDBG”) pursuant to the Housing and Community Development Act of 1974, as amended, and 24
CFR Part 570, the Rules and Regulations of HUD governing the conduct of CDBG programs, found
at Title 24 of the Code of Federal Regulations (“CFR”), as amended, (“the Rules and Regulations”).
B. As provided in the Rules and Regulations, City is authorized to contract by subgrant agreement with
public entities or private non-profit entities for qualified activities and projects; and City desires to
provide funding to assist Subrecipient in providing its Activity through the distribution of HUD
Community Development Block Grant Funds (“CDBG Funds” or “CDBG Funding”).
C. Subrecipient desires to conduct Activity in accordance with this Agreement that will principally serve
low and moderate-income persons within the community.
D. City and Subrecipient agree that the Activity meets a priority need identified in the City’s Five-Year
Consolidated Plan and the CDBG Funds designated for the Activity constitute reasonable and
prudent assistance necessary for the completion of the Activity.
E. City finds that a public purpose is served by the financial participation of the City and the funding
with CDBG Funds designated for Subrecipient.
AGREEMENT
In consideration of the mutual promises, payments and other provisions hereof, City and Subrecipient
agree as follows:
1. Subrecipient Activity.
1.1 Subrecipient will implement, operate, and/or complete — including providing all necessary or
reasonable labor, materials, services, supervision, tools, equipment, licenses, and permits
necessary to operate the — Emergency Home Repair Program (the “Activity”), which is further
defined in Exhibit A, Scope of Activity, in a manner satisfactory to the City and consistent with
any standards required as a condition of providing these funds.
1.2 City may provide technical assistance upon request to Subrecipient in order for Subrecipient to
assure it complies at all times with applicable federal provisions governing the use of CDBG
funds.
1.3 Activities funded by CDBG are limited to the eligible activities, as defined in 24 CFR 570.
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1.4
The City will monitor the performance of the Subrecipient against goals and estimates as
outlined in the Scope of Activity. Substandard performance as determined by the City will
constitute noncompliance with this Agreement. If action to correct such substandard
performance is not taken by the Subrecipient within a reasonable period of time after being
notified by the City, contract suspension or termination procedures may be initiated.
2. Agreement Term. This Agreement is effective June 1, 2023 and will terminate on June 30, 2024. This
Agreement may be amended at any time during the grant term if it is deemed by both parties to be
advantageous to the mission of the grant program. This Agreement may be extended for up to one
(1) additional year upon the agreement of both parties.
3. Period of Performance. Subrecipient may provide goods and services under this Agreement from
June 1, 2023 through June 1, 2024 (the “Period of Performance”). The City will only reimburse
documented and eligible expenses incurred during this period.
4. Funding Amount.
4.1
4.2
4.3
44
4.5
4.6
4.7
The City will fund to the Subrecipient for the full performance of this Agreement and the actual
conduct of the Activity specified herein a total subgrant amount not to exceed $500,000. This
amount constitutes the entire consideration for the City’s participation in the performance and
completion of all work to be performed for this Activity under this Agreement.
Funding under this Agreement will be made available in accordance with Exhibit B, Billing
and Reporting Information, in such amounts and incremental distributions that are approved by
the City for various phases of work. The City shall reimburse the Subrecipient only for actual
incurred costs upon the presentation of properly documented reimbursement requests.
Payments may be contingent upon certification of the Subrecipient’s financial management
system in accordance with the standards specified in 24 CFR 84.21.
Subrecipient’s final request for financial assistance under this Agreement must be submitted to
the City within fifteen (15) days of the expiration or termination of this Agreement.
Subrecipient must make a concerted, good-faith effort to expend the total Funding amount
specified above within the Agreement Term stated in Section 2. The Subrecipient’s costs and
expenditures, however, shall not exceed the total funding amount. The City shall not be liable
for or reimburse the Subrecipient for any extra costs or overruns on the Activity, or any
additional funding in excess of the total amount stated above.
Reversion of Funds. Subrecipient will return to the City, upon expiration or termination of this
Agreement, any CDBG funds that have not been expended, all Program Income, and any
accounts receivable resulting from the use of CDBG funds, including Program Income, within
thirty (30) days after the end of the Agreement Term. Any funds held by the City at the end of
the Agreement Term or refunded to the City shall be reallocated by the City.
Commitment of Match. If required under the grant. The Subrecipient agrees to make a match
toward the Activity. CDBG does not currently have a match requirement.
Program Income.
a. The Subrecipient shall report monthly all Program Income (as defined by 24 CFR
§570.500) generated by activities carried out with CDBG funds made available under this
Agreement. Program Income that is received by Subrecipient prior to grant closeout shall
be used to offset payment due in an amount directly proportional to the prorated share of
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4.8
CDBG funds used as set forth in 24 CFR §570.504. All unexpected Program Income shall
be returned to the City at the end of the Agreement.
b. Under this Agreement, “Program Income” refers solely to gross income directly generated
from the use of CDBG funds received by the Subrecipient and includes, but is not limited
to, income received from the clients served for services performed or disposition of
materials purchased with CDBG funds.
Indirect Costs. Before seeking reimbursement for indirect costs, Subrecipient shall develop an
indirect cost allocation plan for determining Subrecipient’s appropriate share of administrative
costs in accordance with 2 CFR Part 200 and shall submit such plan to the City for review and
approval.
. Availability of Funds.
5.1
5.2
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 City for disbursement.
If any action is taken by the federal government to suspend, decrease or terminate its fiscal
obligation under, or in connection with this Agreement, the City may amend, suspend, decrease
or terminate its obligations under or in connection with this Agreement. In the event of
termination, the City 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 City shall give written notice of the effective date of any
suspension, amendment or termination under this section. Notice shall be deemed effective
upon Subrecipient when received or three days after postmarked by mail carrier, whichever is
sooner.
. Subrecipient Warranties and Representation. The Subrecipient certifies:
6.1
6.2
6.3
6.4
6.5
6.6
Subrecipient is a duly organized non-profit corporation under the laws of Arizona. Subrecipient
maintains and will continue to maintain throughout the term of this Agreement, a designation
under state and federal law as a tax-exempt, nonprofit corporation.
Subrecipient’s governing body has duly adopted or passed as an official act, a resolution,
motion, or similar action authorizing the person identified as the official representative of the
Subrecipient to execute this Agreement and to comply with the terms of this Agreement.
That it possesses legal authority to execute this Agreement.
Subrecipient intends to provide the service for which funds are granted under this Agreement
for at least the Agreement term.
Subrecipient will utilize normal and customary practices for the delivery of the Subrecipient
Activity, and provide a level of service that is consistent with the level of service for similar
activities administered by the Subrecipient exclusive of this Agreement as defined by the Scope
of Services attached in Exhibit A.
Subrecipient’s Activity assisted under this Agreement is designed to give maximum feasible
priority to activities that benefit low and moderate-income persons and families as defined in
Exhibit D. Subrecipient must follow HUD guidelines for determining that persons and families
meet the definition of low and moderate-income.
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6.7
6.8
6.9
That the Activity will be carried out and administered in compliance with all requirements of
Title 24 CFR Part 570 and all other federal, state and local laws, regulations and policies
governing the Funds provided under this Agreement, some of which are listed in Exhibit C.
Subrecipient further agrees to utilize funds available under this Agreement to supplement rather
than supplant funds otherwise available.
Subrecipient is independent of the City in all respects and is not an agent of the City and must
not in any way represent itself as an agent of the City. The relationship of City and Subrecipient
under this Agreement shall be that of an independent contractor status. Each party shall have
the entire responsibility to discharge all of the obligations of an independent contractor under
federal, state and local law. Nothing contained in this Agreement shall be construed to create
the relationship between City and Subrecipient of employer and employee, partners or joint
ventures. The City shall be exempt from payment of all unemployment compensation, FICA,
retirement, life and/or medical insurance and workers’ compensation insurance, as the
Subrecipient is an independent contractor.
Subrecipient is not currently engaged in, and agrees that for the duration of this Agreement it
will not engage in, a boycott of Israel, as that term is defined in A.R.S. §35-393.
7. Compliance with Laws and Regulations.
71
7.2
73
The Subrecipient will comply with the CDBG regulations as set forth in 24 CFR Part 570 and
all applicable federal, state and local laws, statutes, ordinances, administrative rules, building
codes, regulations and lawful orders of any public authority bearing on the performance of the
Activity pursuant to this Agreement; including, but not limited to, 24 CFR Part 5, 2 CFR Part
200, and those identified in Exhibit C Federal Laws and Regulations.
Community Development Act of 1974.
a. Subrecipient acknowledges that the funds being provided by the City for the Activity are
distributed pursuant to the Housing and Community Development Act of 1974, as
amended, and 24 CFR Part 570.
b. Subrecipient’s use of the Act’s funds must be in accordance with the Act and all
regulations that apply to the use and handling of the Act’s funds by the Subrecipient; and
c. Subrecipient will comply with, and require all subcontractors paid with funds provided
by this Agreement to comply with, all of the applicable provisions of the Housing and
Community Development Act of 1974, as amended, 24 CFR Part 570, and the Special
Conditions for activities assisted pursuant to Title I of the Community Development Act
of 1974.
Uniform Administrative Requirements. The Subrecipient shall comply with the Uniform
Administrative Requirements (24 CFR Part 84), Cost Principles (OMB Circular A-122), Audit
Requirements for Federal Awards Final Guidance (OMB Circular A-133) and the provisions
of 2 CFR Part 200.
7.4 Single Audit Act Requirements.
a. If Subrecipient receives federal funds that, in the aggregate, equal or exceed the threshold
identified in the Uniform Administrative Requirements, the Subrecipient must have an
annual single audit in compliance with the Single Audit Act of 1984, as amended (Public
Law No. 98-502 (codified at 31 U.S.C. §§7501, et. Seq.) Subrecipient shall comply with
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7.6
77
78
8.1
8.2
2 CFR Part 200, Subpart F. Upon completion, such audits shall be made available for
public inspection. Audits shall be submitted to the County when completed but no later
than nine months following the close of the fiscal year. Subrecipient shall take corrective
actions on any issues noted during the audit within six months of the date of receipt of
the reports. The City shall consider sanctions as described in 2 CFR §200.505 if the
Subrecipient is not in compliance with these audit requirements.
b. If Subrecipient receives an audit other that a single audit, Subrecipient must file a copy
of the audit with the City upon request.
Conflicts of Interest. Both parties acknowledge that no member of the governing body of the
City or any employee of the City who exercises any functions or responsibilities in connection
with the carrying out of the Activity to which this Agreement pertains has any personal interest
direct or indirect in this Agreement.
Certifications. Subrecipient must execute the following certifications, which are attached as
Exhibit F:
a. Policy of Nondiscrimination on the Basis of Disability.
b. Anti-Lobbying, Section 319 of Public Law 101-121.
c. Contracting with Small and Minority Firms, Women’s Business Enterprises and Labor
Surplus Area Firms.
d. Drug-Free Workplace Act of 1988.
e. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-
Lower Tier Covered Transactions.
Procurement. As applicable, Subrecipient will comply with the Federal Procurement Code, 24
CFR 84.40-48, and the City’s procurement, mediation and right of refusal requirements. All
program assets (unexpended Program Income, property, equipment, etc.) shall revert to the
City upon termination of this Agreement.
Environmental Review. The City will complete all environmental review requirements as
required by 24 CFR Part 58. The Subrecipient will comply with all applicable Federal, State
and local environmental laws applicable to this activity, and will work with the City to ensure
compliance with these laws and related requirements.
. Cost Disallowances.
The Subrecipient shall, upon written notice thereof, reimburse the City for any payments made
under this Agreement that are disallowed by a federal, State or City audit, or monitoring in the
amount of the disallowance, as well as court costs and attorney’s fees the City spends to pursue
legal action related to the disallowance. Court costs and attorney’s fees incurred will be
specifically identified, as applicable, to the recovery of the disallowed costs in question.
If the City determines that a cost for which payment has been made is a disallowed cost, the
City will notify the Subrecipient in writing of the disallowance and the required course of
action, which shall be at the option of the City, either to adjust any future claim submitted by
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10.
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.
8.3 Ifthe City determines that Subrecipient has failed to follow a federal or state law relative to the
activity provided under this Agreement, the City may, at its discretion, require the Subrecipient
to repay the entire amount of the Agreement; except as otherwise noted in this agreement.
Physical Improvements. The use and disposition of real property and equipment under this
Agreement shall be in compliance with the requirements of 24 CFR Part 84, 24 CFR 570.502-504,
as applicable, which include but are not limited to the following:
9.1 Any physical improvements over $5,000 must be secured by a promissory note, lien document,
special warranty deed and deed of trust as specified in the Loan Documents. In addition, a
fixed assets listing must be maintained in accordance with federal regulations for the full
compliance period. Annual physical inventory must be conducted to ensure the property is still
in condition and use as required by the CDBG program.
9.2 Real property under the Subrecipient’s control that was acquired or improved in whole or in
part with CDBG funds must be used in accordance with the terms of this Agreement and the
HUD regulations for a period of ten years, or for such longer period of time as determined to
be appropriate by the City.
9.3 After expiration of the required use period, Subrecipient is free to use the real property for
another use without obligation to the City.
9.4 If the real property that was acquired or improved is not used in accordance with CDBG
guidelines, the Subrecipient shall repay the City an amount equal to the current market value
of the property less any portion of the value attributable to expenditures of non-CDBG funds
for the acquisition of or improvement to the property in accordance with 24 CFR Part 570.
Reporting.
10.1 Subrecipient will provide to the City, not later than the 15" of each month, written progress
reports of its activities related to the Activity.
10.2 On or before July 15, of each year and within fifteen (15) days of the date of termination of
this Agreement, Subrecipient will provide to the City a comprehensive report covering the
agreed-upon objectives, activities, and expenditures for the prior fiscal year ending June 30".
10.3 Subrecipient will keep records of and report for statistical purposes:
a. The ethnicity and racial background of all persons and families served by the Activity;
b. The number of low and moderate-income persons, as these terms are defined by federal
income limits, served by the Activity, which are set forth in their current form in Exhibit D;
c. The number of elderly and disabled served by the Activity; and
d. Information about family size and the number of female heads of household served by the
Activity.
10.4 The Subrecipient’s obligations to the City shall not end until all close-out requirements are
completed. Activities during the close-out period shall include, but are not limited to: making
final payments, disposing of program assets (including the return of all unused materials,
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equipment, unspent cash advances, program income balances and accounts receivable to the
City), and determining custodianship of records.
11. Recordkeeping and Accounting.
11.1
11.2
11.3
114
The Subrecipient shall maintain accurate financial and service delivery records pertinent to the
Activity to be funded under this agreement as required by 24 CFR 570.506. The Subrecipient’s
books, records and other documents related to this Agreement shall be sufficient to support and
document that allowable services were provided to eligible participants. Records shall support
that costs incurred were reasonable and allocable to the Activity under this Agreement. Client
data demonstrating client eligibility for services shall be maintained including, but not limited
to, client name, address, income level, or other basis for determining eligibility, and description
of service provided.
Accounting Standards. Subrecipient agrees to comply with 24 CFR 84.21-28 and 2 CFR Part
200, as applicable, and agrees to adhere to the accounting principles and procedures required
therein, utilize adequate internal controls, and maintain necessary documentation for all costs
incurred.
Retention. Subrecipient will retain all Activity and related financial records under this
Agreement for a period of six years from the termination of this Agreement.
a. Records of non-expendable property acquired with the CDBG funds, and related records
documenting the use of said property will be retained for six years after final disposition of
such property.
b. Records for any displaced person must be kept for six years after receipt of final payment.
c. Notwithstanding the above, if there is investigation, administrative action, litigation, or
similar actions involving the Activity, all existing records must be maintained for one year
after the final disposition of the matter or the expiration of the required six-year retention
period, whichever occurs later.
Access to Records. Subrecipient will provide the City, HUD and/or their representatives access
for purposes of monitoring, auditing, and examining performance to all pertinent records,
books, documents and papers of the Activity and Subrecipient’s performance or financial
condition. Any deficiencies noted in audit reports must be fully cleared by the Subrecipient
within 30 days. Failure of the Subrecipient to comply with the above audit requirements will
constitute a violation of this Agreement and may result in the withholding of future payments.
However, nothing herein will be construed to require access to any privileged or confidential
information in contravention of federal or state law.
12. Acknowledgment of City’s Participation. Subrecipient will acknowledge the contribution of the
City’s CDBG Program in all published literature, brochures, activities, fliers, on-site signage, etc.,
during the term of the Agreement.
13. Non-Discrimination.
13.1
13,2
The Subrecipient must not discriminate against any employce or applicant for employment on
the basis of race, color, religion, sex, national origin, age, marital status, sexual orientation,
gender identity or expression, genetic characteristics, familial status, U.S. military veteran
status or any disability.
The Subrecipient must not discriminate against any client, applicant or resident on the basis of
race, color, religion, sex, national origin, age, marital status, sexual orientation, gender identity
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or expression, genetic characteristics, familial status, U.S. military veteran status or any
disability.
14. Right to Refuse Assistance. In addition to the right to terminate this Agreement pursuant to Section
15.
16.
17.
18.
19.
20.
24 of this Agreement, the City also reserves the right to refuse, terminate, or suspend assistance or
accounts to an individual, company, or Subrecipient, if the City believes that conduct or actions
violate applicable law, is harmful to the interests of the City of Glendale and its affiliates, or meets
the criteria covered under City’s Right to Refuse Assistance Policy. Legal counsel will be consulted
before such action is undertaken, unless an emergency exists.
Safeguarding 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 shall safeguard the confidentiality of this information.
Subrecipient shall include a clause to this effect in all subcontracts.
E-verify, Records and Audits. To the extent applicable under A.R.S. §41-4401, the Subrecipient
warrants its compliance and that of its subcontractor with all federal immigration laws and
regulations that relate to their employees and compliance with the E-verify requirements under
A.R.S. §23-214(A). The Subrecipient or subcontractor’s breach of this warrant shall be deemed a
material breach of the Agreement and may results in the termination of the Agreement by the City under
the terms of this Agreement. The City retains the legal right to randomly inspect the papers and records
of the other party to ensure that the other party is complying with the above-mentioned warranty. The
Subrecipient warrants to keep their respective papers and records open for random inspection during
normal business hours by the City. The Subrecipient shall cooperate with the City’s random inspections,
including granting the City entry rights onto their respective properties to perform the random inspections
and waiving their respective rights to keep such papers and records confidential.
Lobbying.
17.1 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 an agency, a
member of Congress, an officer or employee of Congress or an employee of a member of
Congress in connection with the awarding of any federal Agreement, the making of any federal
grant, the entering into of an Agreement, and the extension, continuation, renewal, amendment
or modification of any federal contract or grant.
17.2 Ifany funds, other than federal appropriated funds, have been 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 or grant, the Subrecipient shall complete OMB Form-
LLL, “Disclosure of Lobbying Activities” in accordance with 31 USC §1352.
Religious Activities. The Subrecipient agrees that none of its costs and none of the costs incurred
by any vendor paid for from the federal funds will include any expense for any religious activity as
prohibited by 24 CFR 570.200(j), including but not limited to, worship, religious instruction, or
proselytization.
Political Activities. None of the funds, materials, property or services contributed by the City 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.
Indemnification and Hold Harmless.
20.1 Should Subrecipient perform any work knowing it to be contrary to the applicable laws,
ordinances, rules, or regulations it will assume full responsibility for the on-going compliance
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20.2
20.3
and bear all costs, fees, or penalties resulting therefrom. Subrecipient shall be solely
responsible for all damages to persons or property that occur as a result of negligence or fault
of the Subrecipient in connection with the performance of the Activity pursuant to this
Agreement.
Subrecipient will indemnify, defend, and hold harmless the City, and its elected officials, agents
and employees, hereinafter collectively referred to as City, from all claims and suits, actions,
loss, damage, expense, costs or claims, of any character or any nature, including attorneys’ fees
and costs of litigation, which arises out of any act or omission, or work done in fulfillment of
the terms of this Agreement or an account of any act, omission, claim or amount arising or
recovered under Workmen’s Compensation Law, or arising out of the failure of the Subrecipient
or those acting under the Subrecipient to conform to any statutes, ordinances, regulations, law
or court decree.
It is the intent of the parties to this Agreement that the City, its elected officials, agents, and
employees will, in all instances, except for loss of damage resulting from the sole negligence of the
City, be indemnified against all liability, loss, or damage of any nature whatever for or on account
of any injuries to or death of person or damages to or destruction of property belonging to any
person arising out of or in any way connected with the performance of this Agreement, regardless
of whether or not the liability, loss or damage is caused in part by, or alleged to be caused in part
by, but not solely, the negligence or fault of the City. It is agreed that the Subrecipient will be
responsible for primary loss investigation, defense and judgment costs where this Agreement of
indemnity applies.
21. Conflicting Provisions. If Subrecipient discovers that any of the Agreement documents are in
conflict with any laws, statutes, ordinances, rules, building codes, regulations or lawful orders of a
public authority, Subrecipient will promptly notify the City, in writing, of such conflict, specifying
any necessary changes to the Agreement documents or work to eliminate the conflict.
22.
23.
24.
Insurance.
22.1
22.2
22.3
22.4
Subrecipient shall maintain insurance per requirements of Exhibit E, Insurance Certificate.
Subrecipient shall ensure that this insurance remains in effect for the entire term of this Agreement.
Subrecipient will submit a certificate demonstrating insurance with the same or greater coverage
limits has been renewed or otherwise obtained if the policy or certificate appended as Exhibit E
expires prior to the conclusion of the term of this Agreement.
The City will be named in all insurance policies specifically relating to the Activity as a named
insured and as an additional named insured in all other required policies.
Required certificates of insurance must provide for a 30-day notice to the City prior to the
effectiveness of any cancellation, non-renewal, or material change.
Subrecipient shall comply with the insurance and bonding requirements of 24 CFR 84.31 and
84.48, Bonding and Insurance.
Amendments. This Agreement may be amended upon the consent of both parties. All amendments
to this Agreement shall be in writing, signed by authorized signers for both parties. Amendments
must be requested at least sixty (60) days prior to Agreement expiration.
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 City. The Subrecipient shall bear all liability under this Agreement, even if it is assigned,
delegated or subcontracted, in whole or in part, unless the City agrees, in writing, otherwise.
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25. Termination; Suspension.
26.
24.1
25.2
25.3
25.4
25.5
25.6
In accordance with 24 CFR §85.43, the City may suspend or terminate this Agreement without
providing notice and/or opportunity to cure, and take other remedies legally available including
a refund of previously tendered funds, should Subrecipient violate or fails to comply with any
terms or conditions of this Agreement, which include, but are not limited to, the following:
a. Failure to comply with any of the rules, regulations or provisions referred to herein, or such
Statutes, regulations, executive orders, and HUD guidelines, policies or directives as may
become applicable at any time;
b. Failure, for any reason, of the Subrecipient to fulfill in a timely and proper manner its
obligations under this Agreement.
c. Ineffective or improper use of funds provided under this Agreement, or
d. Submission by the Subrecipient to the City reports that are incorrect or incomplete in any
material respect.
Notwithstanding this section, the City’s decision to waive or defer compliance with any term
or condition of the Subrecipient’s required performance under this Agreement does not act, nor
will it be deemed or interpreted to act as, a waiver or deferment of the City’s right to terminate
and to receive its refund based upon the Subrecipient’s non-compliance with any term or
condition of this Agreement or subsequent non-compliance with the same term and condition.
In accordance with 24 CFR 85.44, the City or Subrecipient may terminate this Agreement for
convenience without cause upon a 30-day notice. The party initiating the termination will
notify the other party in writing stating the reasons for such termination.
In the event of any termination for convenience, all finished or unfinished documents, data,
studies, surveys, maps, models, photographs, reports or other materials prepared by the
Subrecipient under this Agreement shall, at the option of the City, become the property of the
City, and the Subrecipient shall be entitled to receive just and equitable compensation for any
satisfactory work completed on such documents or materials prior to the termination.
The City many suspend this Agreement, in whole or in part, if the Subrecipient materially fails
to comply with any term of this Agreement, or with any of the rules, regulations or provisions
referred to herein.
This Agreement is subject to the provisions of A.R.S. §38-511 and may be canceled without
penalty or further obligation by the City if any person significantly involved in initiating,
negotiating, securing, drafting, or creating this Agreement on behalf of the City is, at any time
while this Agreement or any extension thereof 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.
Dispute Resolution. Any controversy or claim arising out of or relating to this Agreement, or the
breach thereof, shall be settled by arbitration administered according to the current American
Arbitration Association’s Commercial Arbitration Rules, and judgment on the award rendered by the
arbitrator may be entered in any court having jurisdiction thereof.
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27. General Provisions.
28.
29.
27.1
27.2
27.3
27.4
27.5
This Agreement supersedes any and all other Agreements or understandings, either oral or in
writing, between the parties hereto and contains all the covenants and Agreements between the
parties with respect to such employment in any manner whatsoever.
Each party to this Agreement acknowledges that no representations, inducements, promises or
Agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of
any party, which are not embodied herein, and that no other Agreement or amendment hereto
will be effective unless executed in writing and signed by both the City and Subrecipient.
Both parties acknowledge that no member of the governing body of the City or any employee
of the City who exercises any functions or responsibilities in connection with the carrying out
of the Activity to which this Agreement pertains has any personal interest direct or indirect in
this Agreement.
This Agreement will be governed by and construed in accordance with the laws of the State of
Arizona and all applicable federal laws and regulations.
The invalidity in whole or in part of any provision of this Agreement will not void or affect the
validity of any other provision of this Agreement.
Notices. It is hereby agreed that subsequent to the execution of this Agreement, the Community
Revitalization Division of the City of Glendale will represent the City in the administration of this
Agreement. All notices required or permitted to be given under this Agreement may be personally
delivered or mailed by certified mail, return receipt requested, postage prepaid, to the following
addresses:
City Subrecipient
To City Manager Habitat for Humanity Central Arizona
City of Glendale 2830 W Glendale Ave, Suite #33
5850 West Glendale Avenue Phoenix, AZ 85051
Glendale, Arizona 85301
With Community Revitalization
a
City of Glendale
Cop 5850 West Glendale Avenue
y To:
Glendale, Arizona 85301
With City Attorney
a
City of Glendale
Cop 5850 West Glendale Avenue
Glendale, Arizona 85301
y To:
Exhibits.
The following exhibits are incorporated by this reference.
Exhibit A: Scope of Activity
Exhibit B: Billing and Reporting Information
Exhibit C: Federal Laws and Regulations
Exhibit D: Income Limits
Exhibit E: Insurance Certificate
Exhibit F: Certifications
Exhibit G: Loan Documents
9/2/2021
IN WITNESS WHEREOF, all parties concerned acknowledge that they have read, understand, approve,
and accept all of the provisions of this Agreement.
CITY OF GLENDALE, an Arizona
municipal corporation
By: Kevin Phelps
Its: City Manager
ATTEST:
Julie K. Bower (SEAL)
City Clerk
APPROVED AS TO FORM:
Michael D. Bailey
City Attorney
Habitat for Humanity Central Arizona,
an Arizona non-prolit corporatio
{
By: Y Ww X KN
a B, BARLOW PRESIDENT & CEO
9/2/2021
EXHIBIT A
SCOPE OF ACTIVITY
(ACTIVITY TYPE: PHYSICAL IMPROVEMENT)
FY 2021-2022
A. Subrecipient Name. Habitat for Humanity Central Arizona
1. Federal Tax ID No. 74-2401708
2. Unique Entity Identifier No. MCVWH1NGFND3
3. CFDANo. 10.417
B. Activity Name. Habitat for Humanity Central Arizona (“Subrecipient”) will be responsible for
administering the Emergency Home Repair Program (“Activity”) in a manner satisfactory to the City
of Glendale (“City”), and consistent with any standards required by Community Development Block
Grant (“CDBG”) as a condition of providing these funds.
C. Activity Description.
The Subrecipient will obtain and provide all necessary materials, labor, permits, engineering, architectural,
HOA/COA approvals and staffing to address minor to moderate repairs (generally less than $12,000 in value) that
threaten the life, health and/or safety of qualified homeowner-occupied housing units.
Unit types may include single family, manufactured housing, and multi-family.
‘Types of work that may completed include but are not limited to repair or replacement of: MEP systems,
(mechanical, electrical, plumbing), HVAC, roofing (including soffits and fascia), ADA accessibility improvements
and needs that in the Subrecipient's estimation pose an immediate threat to the household's health life, and/or
safety.
Subrecipient will have the discretion to determine these conditions and commit funds up to $12,000 (inclusive of
construction and professional services) per household in a 12-month rolling period without consultation with the
City. Projects that the subrecipient estimates to will exceed this value or have extenuating circumstances that
necessitate expenditure in excess of this amount will require the City's written approval prior to commitment of
funds. In all cases, the Subrecipient will evaluate each project site for life/health/safety conditions and address only
those issues that qualify as such. The subrecipient will only replace issues/conditions when a repair has been
considered, evaluated and determined it won't sufficiently correct the issue/condition. The City may require
Subrecipient to justify its decision to commit and expend funds upon request.
Work at multi-family housing may not be completed in areas for which an HOA/COA is responsible for the
replacement, repair and/or maintenance (ie. roofs, front yards, common areas. etc.) based on the by-laws of each
HOA/COA. Work at manufactured housing located on rented lots will generally be limited to areas under direct
ownership by the program participant unless there is a significant life/ safety and/or accessibility need (ie. side
porches and coverings, sidewalks, etc.).
The subrecipient will ensure the HUD Lead Safe Housing Rules (LSHR) are applied on all pre 1978 homes, when
paint disturbance is towill occur or if the work otherwise does not qualify for an exemption under HUD rules. Paint
testing and clearance testing must be completed per HUD requirements. When working within the HUD de minimis
level all required lead safe practices are to be followed. Only a certified Lead Based Paint (LBP) inspector or risk
assessor will determine whether LBP is present. When the HUD LSHR applies, the designated party must have a
qualified person, independent of the renovation firm, conduct a lead clearance examination. The Certified
Renovator cannot conduct a cleaning post-rehabilitation verification.
D. Address/Specific Location of the Proposed Activity.
This project will serve qualified homeowners on a citywide basis.
9/2/2021
E. Geographical Service Area of Activity. If the proposed activity does not provide benefit on a
“citywide” basis, provide address, census tract(s), block group(s), and zip code(s) of the proposed
activity service area. This project will serve qualified homeowners on a citywide basis.
F, National Objectives. All activities funded with CDBG funds must meet one of the U.S. Department
of Housing & Urban Development (“HUD”) National Objectives:
[x] NATIONAL OBJECTIVE #1: To benefit low and moderate-income persons.
L] NATIONAL OBJECTIVE #2: To aid in the prevention or elimination of slums or blight.
[] NATIONAL OBJECTIVE #3: To meet community development needs having a particular
urgency as defined in 24 CFR § 570.208.
G. Certifications. The Subrecipient certifies that the activity carried out under the CDBG Subrecipient
Agreement (“Subrecipient Agreement”) will meet the National Objective by providing:
The subrecipient will follow the requirements of Title 24 Part 5 of the Code of Federal Regulations (24 CFR 5)
to determine that all program beneficiaries comply with the federal income requirements. See Exhibit D for the
applicable income limits (FY 22) as of the effective date of this agreement. Note that the US Department of Urban
Development (HUD) updates these figures annually. Income limits are published by Metropolitan Statistical Area
each year at huduser.org and are typically, though not always, published in the spring of each year.
H. Levels of Accomplishment — Goals and Performance Measures. The Subrecipient agrees to
provide the following services:
qualifying criteria
homeowners in the city of
Glendale who meet all
safety of the home.
Unduplicated
Units of Service Type City Residents/ Service Type
Activity Service (describe) House- holds (persons, households,
Served youth, ete.)
Emergency home repair | 35 Emergency repair for | 35 Households
services to low-to- homeowners affecting
moderate income life, health and/or
NOTE: Provide definition of Units of Service. Households
I. Client Eligibility.
1. Client eligibility will be documented by:
To be eligible to participate in the Glendale Emergency Home Repair Program, all clients must 1. own (and
occupy as their primary residence) housing located in the corporate limits of the City of Glendale, 2. live in
a unit with one or more conditions that are a risk to their life, health or safety, 3. have total household incomes
that do not exceed federal guidelines established by HUD; and 4. be current with all property taxes and
water/sewer trash payments. Subrecipient will determine and document income eligibility using the standards
in 24 CFR Part 5, including but not limited to: paystubs, W/2s, federal tax returns, SS/SSDI statements, bank
statements, rent from other properties owned, among others. Pet federal requirements income source
documentation must be provided for all household members aged 18 and older unless the Head of Household -
is a registered student. Applicants may demonstrate ownership of the assisted unit through a Deed, Bill of
Sale or other appropriate documentation. Properties held in a Trust are eligible if the beneficiary is the
9/2/2021
occupant. Applicants may demonstrate compliance with property tax payment through the Maricopa County
Assessor, and demonstrate payment of Glendale water/sewer/trash payments with a current utility statement.
2. Client residency will be documented by:
Subrecipient will document that client residency is within the Glendale City boundaries with a valid
government-issued form of identification (ic. driver's license, non-driver's ID or similar) that shows their
name and address.
J. Billing Information. CDBG funds will pay for: Per the budget established in Section N ("Budget") of
this Exhibit, the City will reimburse the Subrecipient for the following properly documented expenses: 1. Hard costs
of construction including materials and labor necessary to complete approved rehabilitation work; 2. professional
service costs/fees (as applicable) associated with each project, including but not limited to: permits and other
development fees/expenses, engineering/architectural, hazard assessments/clearances, among other necessary and
justifiable expenses; and 3, administrative costs associated with operating the program, including but not limited to:
staff salaries and fringe benefits, materials, and supplies necessary to administer the program.
K. Work to be Completed. Work to be completed includes: (Type of materials, dimensions,
construction, rehabilitation, etc.).
See Section C (‘Activity Description") of this Exhibit for a description of the allowable rehabilitation activities
that may be undertaken through this agreement.
L. Subrecipient Staff Contact Information.
Activity Contact Accounting Contact
Name: Linsie Kalland Name: Stephen Harris
Title: Director of Grants, Compliance and Title: Accountant
Procurement
Subrecipient: Habitat for Humanity Central Subrecipient: Habitat for Humanity Central
Arizona Arizona
Address: 2830 W Glendale Ave, Suite #33 Address: 2830 W Glendale Ave, Suite #33
City, State, Zip: Phoenix, AZ 85051 City, State, Zip: Phoenix, AZ 85051
Telephone No.: 602-262-8656 Telephone No.: 602-268-9022
Fax No.: Fax No.:
Email: lkalland@habitatcaz.org Email: StephenH@habitatcaz.org
M. Estimated Activity Timeline
Task Completion Date
Architectural/Engineering Plans and Drawings Ongoing to June 1, 2024
Pre-Bid Walk-thru Ongoing to June 1, 2024
Preparation of Bid Documents Ongoing to June 1, 2024
Bid Awarded Ongoing to June 1, 2024
Construction Start Date Ongoing to June 1, 2024
9/2/2021
Construction Completion Date
Ongoing to June 1, 2024
Certificate of Occupancy
Ongoing to June 1, 2024
Final Closeout
June 30, 2024
9/2/2021
N. Budget.
Agency: Habitat for Humanity-Emergency Home Repair
Community Development Block Grant
Total Project Budget FY 2022-2023
Line Item
CDBG
Allocation
Other Cash
Resources
Total
Project
Budget
Revenues
1. Gov. Funding - City of Glendale
CDBG
500,000
500,000
ESG
HOME
General Funds/From the Heart
2. Gov. Funding - All Other Cities
Federal
Other
3. Gov. Funding - County
Federal
Other
4. Gov. Funding State
Federal
Other
5. Gov. Funding - Federal Gvt
6. Contributions / Donations
7. Special Events / Fundraising
8. Legacies /Bequests
9. Foundation/Corporate Support
10. Program Service Fees and Reimbursements
11. Investment Income
12. In-Kind Support
13. Other Income
Bus Tickets / client paid ete.
Total
$500,000
$0
$500,000
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Line Item
CDBG
Allocation
Other Cash
Resources
Total
Project
Budget
Expenses
14. Administrative Costs
Personnel
104,000
104,000
Supplies
Professional Fees and Contracts
Communication (telephone, postage, etc.)
Equipment/Maintenance
Technology
Occupancy Costs (rent, utilities, etc.)
Printing/Advertising
Meetings & Conferences
Insurance
Management & General
15. Acquisition and Holding Costs
Real Property Cost
Closing and Related Costs
Property Taxes
Utilities
Security
Maintenance
Insurance
16. Pre-Construction Costs
Architectural/Engineering
2,000
Consulting Services
Environmental Assess./Lead & Asbestos Testing
30,000
Licenses/Permits/Fees
17. Construction/Rehabilitation
Demolition
Site Preparation (on/off site)
Construction/Rehabilitation
364,000
Other
18. Miscellaneous
Developer’s Fees
Engineer Chargebacks (City of Glendale Proj.)
Construction Interest/Loan Fees
Appraisals
Total
$500,000
$0
$500,000
Surplus/Deficit (Revenues less Expenses)
$0
$0
$0
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EXHIBIT B
BILLING AND REPORTING INFORMATION
FY 2022-2023
Habitat for Humanity Central Arizona (“Subrecipient”) will be responsible for billing costs incurred and
results achieved under the Emergency Home Repair Program (“Activity”) consistent with any standards
required by Community Development Block Program (“CDBG”) as a condition of providing these
funds.
. Monthly Billings: Subrecipient will complete monthly billings in accordance with the following
requirements.
1.1
1.2
1.3
1.4
A letter requesting reimbursement of expenditures will be prepared on the Subrecipient’s
letterhead. The Subrecipient will use the content and format of the letter prescribed by the
City. This letter will be reviewed and signed by the Subrecipient’s executive director (or
authorized signatory). Reimbursement requests will be submitted on a MONTHLY basis.
(Note: Grants Administration may approve exceptions for quarterly billings on a case-by-
case basis. Subrecipient will submit a written request and justification to support the need to
bill quarterly instead of monthly.)
The Activity budget spreadsheet summarizing monthly and year-to-date expenses will be
prepared and submitted with each request for reimbursement. This report will also account
for other resources utilized under this activity.
Copies of all supporting documents will be submitted with the reimbursement request. The
Subrecipient will work closely with the Activity liaison to establish the specific
documentation requirements for this Agreement. Examples of supporting documentation
include copies of timesheets, pay stubs, mileage reports, invoices, statements, receipts, etc.
The City’s reimbursement process will take approximately two to three weeks to complete.
(The first reimbursement request can take a little longer to process.) If the reimbursement
procedures noted above are not followed correctly, the Activity liaison may return the
reimbursement request to the Subrecipient for revisions or hold the request until all
reimbursement requirements have been met. This will delay the reimbursement process.
. Monthly Report on Accomplishments and Demographics:
2.1
2.2
A monthly demographic report on Glendale residents served, including accomplishments and
units of service delivered, will be submitted by the 15th of the following month. Failure to
file this demographic report timely could also delay the reimbursement process,
The City will provide the Subrecipient with the specific formats to be used for reimbursement
requests/performance reports. These formats will be used by the Subrecipient unless
otherwise authorized.
. Activity Final Completion Report:
3.1
Public Service Activities: Report On “Performance Measures” for Actual Activity
“Outcomes.” The report on “Performance Measures for Actual Activity Outcomes,” is due
by July 31* of each year. This report will identify the “actual outcomes” produced by the
Subrecipient under this activity over the past program year. “Actual outcomes” will be
measured by and against the “proposed outcomes and performance measures” that were
established by the Subrecipient at the beginning of the program year.
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3.2
Physical Improvement Activities: Report On “Performance Measures” for Actual Activity
“Outcomes.” The report on “Performance Measures for Actual Activity Outcomes,” is due
30 days after completion of the physical improvement activity. This report will identify the
“actual outcomes” produced by the Subrecipient under this Activity after completion of the
physical improvements. “Actual Outcomes” will be measured by and against the “proposed
outcomes and performance measures” that were established by the Subrecipient at the
beginning of the program year.
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