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City of Glendale
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INTERGOVERNMENTAL AGREEMENT
BETWEEN
MARICOPA COUNTY
ADMINISTERED BY ITS
HUMAN SERVICES DEPARTMENT
AND
CITY OF GLENDALE
Agreement Number:
Agreement Amount: $7,211,000
Agreement Start Date: June 28, 2023
Agreement Termination Date: December 31, 2025
ALN; 21.027 American Rescue Plan Act, Coronavirus State and Local Fiscal Recovery
Unique Entity ID: CRE4N8H1X6J5
1.0
PARTIES
This financial Intergovernmental Agreement (“Agreement”) is between City of Glendale
(“City” or “Subrecipient”) and Maricopa County (“County”) administered by its Human
Services Department, (“Department”), The County and the Subrecipient collectively are
referred to as the “Parties” and individually as the “Party.”
2.0
PURPOSE
Through this Agreement, the Parties will increase affordable housing availability. The City
shall directly or through an eligible subrecipient or developer acquire property to build,
rehabilitate or develop new multifamily affordable rental units for individuals and families
in need of housing. The County will allocate American Rescue Plan Act Coronavirus State
and Local Fiscal Recovery Funds ("ARPA") to support the development of affordable rental
projects throughout Maricopa County. The execution of this project shall assist eligible
individuals and families by increasing the availability of affordable rental opportunities in
Maricopa County.
3.0
TERM OF AGREEMENT
3.1
The term of this Agreement is from June 28, 2023, through December 31, 2025.
3.2
This Agreement may be extended, but not beyond December 31, 2026, with the
condition the Subrecipient is in compliance with the terms and conditions of this
Agreement. Extensions shall be processed as identified in section 4.0 (Amendment).
3.3
This Agreement shall be effective upon approval and signature by both Parties.
4.0
AMENDMENTS
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Any changes to this Agreement shall be effective only by a written amendment signed by
both Parties.
5.0
ADMINISTRATIVE CHANGE ORDERS
5.1
The Chairman of the Board of Supervisors is authorized upon the recommendation
of the Human Services Department Director and Legal Counsel to make changes
within the general scope of the Agreement on behalf of the County through
Administrative Change Orders. Administrative Change Orders will be effective upon
approval and execution by both the Chairman of the Board of Supervisors and the
City. Administrative Change Orders may address any of the following areas:
5.1.1
Modifications to the project timeline if the last day of the project timeline
is within the Agreement term or as may be amended;
5.1.2
Modifications to budget line items if the Agreement amount remains
unchanged;
5.1.3
Modifications required by federal, state, or County regulations,
ordinances, or policies; and/or
5.1.4
Modifications to administrative requirements such as changes in
reporting periods, frequency of reports, or report formats required by the
U.S. Department of Treasury or local regulations, policies, or
requirements.
6.0
FUNDING
The County shall provide the Subrecipient with $7,211,000 in ARPA Funds under
Assistance Listing Number (ALN) 21.027 and provided to the County through the U.S.
Department of Treasury. The County shall provide funding for the following Projects:
6.1
$950,000 - Exhibit A Villa Manuel “Lito” Pena
6.2
$2,400,000 – Exhibit B Unity at Glendale
6.3
$2,861,000 – Exhibit C 67 Flats
6.4
$1,000,000 – Exhibit D Juniper Square
7.0
AVAILABILITY OF FUNDS
7.1
This Agreement and the Parties’ obligations under it shall become effective when
funds assigned for the purpose of compensating the Subrecipient are available to
the County for disbursement. The County shall be the sole authority in determining
the availability of funds under this Agreement, and the County shall keep the
Subrecipient fully informed as to the availability of funds.
7.2
If any action is taken by any federal, state, local agency, or any other agency or
instrumentality other than the County to amend, suspend, or terminate its fiscal
obligation under or provided in connection with this Agreement, then the County may
amend, suspend, or terminate 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 were performed in accordance
with the provisions of this Agreement. Furthermore, upon termination Subrecipient
shall be released from all pending responsibilities and shall have no further
obligation to perform under the Agreement unless it is expressly provided for herein
as an obligation that survives termination. The County shall give written notice of
their intent to suspend performance or their intent to terminate this Agreement under
this Section at least ten (10) calendar days in advance.
8.0
RESPONSIBILITIES OF ORGANIZATIONS
8.1
The Subrecipient shall:
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8.1.1
Provide, or contract for an eligible subrecipient or developer to provide
additional affordable housing units for individuals and families in need of
housing, by completing the project description(s) in Exhibit A-D, Statement
of Work.
8.1.2
Ensure compliance with federal, state, and County requirements as they
relate to the federal ARPA requirements.
8.1.3
Ensure compliance with all laws, rules, and regulations.
8.1.4
Maintain a sufficient number of qualified and trained staff to provide
services under this Agreement.
8.1.5
Establish use restrictions for a minimum of 20 years that provide the
building/property/development/units will be occupied by eligible
individuals and families as determined in Exhibits A-D
8.1.6
From the effective date of this agreement through Final Reimbursement
request as described in section 9.4, complete Quarterly Reports that
contain the following information
8.1.6.1
Status and updates on project timelines;
8.1.6.2
Current quarter expenditures;
8.1.6.3
Expenditure forecasting;
8.1.6.4
Anticipated delays or issues;
8.1.6.5
Any recent significant disruptions or issues;
8.1.6.6
Other information the Department should be aware of;
8.1.6.7
Quarterly Reports will be due no later than 30 days after the
end of the reporting quarter.
8.2
The County shall:
8.2.1
Review invoiced costs related to costs associated with this project on a
monthly basis.
Report to the U.S. Department of Treasury on the Subrecipient’s use of
funds.
9.0
COMPENSATION
9.1
Subrecipient shall submit monthly invoices to the County.
9.1.1
For all invoiced costs related to general services and other costs
associated with this project.
9.2
The Agreement is on a cost reimbursement basis.
9.3
The County shall reimburse the Subrecipient on a net 0 payments standard.
9.4
Final Reimbursement Upon Agreement Termination.
9.4.1
Prior to termination of this Agreement, at the date identified on page 1
of this Agreement, or as may be amended, the Subrecipient shall submit
the final reimbursement request.
9.4.2
This request shall be submitted no later than 30 calendar days after
the termination date except as noted immediately below.
9.4.3
If the termination date is between June 10 and June 30, then the final
reimbursement request shall be submitted by July 10th.
9.4.4
The final progress report, and any other required reports that may be
applicable, such as the program income report, shall be submitted with
the final reimbursement request.
10.0
METHOD OF PAYMENT
10.1
The
Subrecipient
shall
submit
invoices
for
project
activities
to
hsdfinance@maricopa.gov
City of Glendale
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10.2
Payment by the County is not to be construed as final in the event that the
Department of Treasury disallows payment for the activity or any portion thereof.
Funds not expended in implementing this activity or upon completion of the activity
shall be returned to the ARPA unprogrammed funds account.
11.0
DISALLOWED COSTS
11.1
The cost principles set forth in the Code of Federal Regulations (C.F.R.”), 2 C.F.R.
Part 200 Subpart E including later amendments and editions on file with the Arizona
Secretary of State and incorporated here by reference, shall be used to determine
the allowability of incurred reimbursable costs under this Agreement. The
Subrecipient shall follow cost principles as outlined in Office of Management and
Budget (OMB) Uniform Guidance, 2 C.F.R. §§ 200, et seq.
11.2
Those costs that are specifically defined as unallowable in 2 C.F.R. Part 200,
Subpart E shall not be submitted for reimbursement by the Subrecipient and shall
not be reimbursed with County funds.
12.0
TERMINATION
12.1
Under A.R.S. § 38-511, the Parties may cancel this Agreement without penalty or
further obligation within three years (3) after execution of this Agreement, if any
person significantly involved in initiating, negotiating, securing, drafting or creating
this Agreement on behalf of one Party at any time while this Agreement or any
extension of this Agreement is in effect, is or becomes an employee or agent of any
other Party to this Agreement in any capacity or consultant to any other party to this
Agreement with respect to the subject matter of this Agreement. Additionally,
pursuant to A.R.S. § 38-511, either Party may recoup any fee or commission paid
or due to any person significantly involved in initiating, negotiating, securing, drafting,
or creating this Agreement on behalf of the one Party from the other Party to this
Agreement arising as the result of this Agreement. A cancellation notice made under
this Subparagraph shall be effective when the recipient receives a written notice of
cancellation unless the notice specifies a later date.
12.2
Either Party may terminate this Agreement at any time by giving the other Party at
least sixty (60) calendar days prior notice in writing (unless terminated by a Party
under the Availability of Funds provision). Any notice shall be given by either
personal delivery or registered or certified mail, postage prepaid and return receipt
requested, to the persons at the addresses set forth in Section 13.0 of this
Agreement. In the event of termination, the Parties shall be liable for payment only
for reimbursable costs incurred prior to the effective date of the termination, provided
that such services were performed in accordance with the provisions of this
Agreement. Neither Party shall be liable for any incomplete or additional
performance under the Agreement unless expressly stated herein as an obligation
that survives termination.
12.3
The County may suspend or terminate this Agreement if the Subrecipient violates
any term or condition of this Agreement or if the Subrecipient fails to maintain a
good-faith effort to carry out the purpose of this Agreement.
12.4
The Parties may terminate this Agreement for convenience upon 30 day’s prior
written notice. The Parties shall agree upon the termination conditions including the
effective date of the termination. The Party initiating the termination shall notify the
other Parties in writing stating the reasons for such termination.
13.0
NOTICES
City of Glendale
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Notifications and communications concerning this Agreement shall be directed to the
following:
Subrecipient:
City of Glendale
Jean Moreno, Director of Community
Services
(623) 930-3590
jmoreno@glendaleaz.com
5850 W Glendale Ave Ste B63
Glendale, AZ 85301-2563
Maricopa County
Human Services Department
Jamie Macfarlane, Housing and
Community Development Manager
(602) 506-5813
jamie.macfarlane@maricopa.gov
234 N. Central Avenue 3rd Floor
Phoenix, AZ 85004
14.0
EMPLOYMENT DISCLAIMER
14.1
This Agreement is not intended to constitute, create, give rise to, or to otherwise
recognize a joint venture, partnership, or other formal business association or
organization of any kind, and the rights and obligations of the Parties shall be only
those expressly set forth in this Agreement.
14.2
The Subrecipient agrees that no individual performing under this Agreement on
behalf of the Subrecipient shall be considered a County agent, employee, or
representative and those individuals are not entitled County civil service rights,
County retirement rights, or any other rights provided under the County personnel
rules, nor shall those rights accrue or apply to any such individual. The Subrecipient
shall have total responsibility for all salaries, wages, bonuses, retirement,
withholdings, workers’ compensation, occupational disease compensation,
unemployment compensation, other employee benefits, and all taxes and premiums
appurtenant thereto concerning such individuals shall indemnify, defend and hold
harmless the County with respect to the foregoing.
14.3
The County agrees that no individual performing under this Agreement on behalf of
County may be considered a Subrecipient agent, employee, or representative and
that no rights of Subrecipient civil service, Subrecipient retirement, or Subrecipient
personnel rules shall accrue or apply to any such individual. The County shall have
total responsibility for all salaries, wages, bonuses, retirement, withholdings,
workers’ compensation, occupational disease compensation, unemployment
compensation, other employee benefits, and all taxes and premiums appurtenant
thereto concerning such individuals and the County shall indemnify, defend and hold
harmless the Subrecipient with respect to the foregoing.
15.0
GENERAL REQUIREMENTS
15.1
The terms of this Agreement shall be construed in accordance with Arizona law and
the applicable laws and regulations of ARPA. Any lawsuit arising out of this
Agreement shall be brought in the superior court of Maricopa County, Arizona.
15.2
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.
15.3
The Subrecipient shall comply with the regulations prohibiting a conflict of interest.
The Subrecipient shall not make any payments, either directly or indirectly, to any
person, partnership, corporation, trust, or other organization that has a substantial
interest in Subrecipient's organization or with which the Subrecipient (or any of its
directors, officers, owners, trust certificate holders, or a relative thereof) has a
substantial interest, unless the Subrecipient has made full written disclosure of the
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proposed payments to the County and has received written approval for the
payments
15.4
For purposes of this provision, the terms "substantial interest" and "relative" shall
have the meanings prescribed by A.R.S. § 38-502.
16.0
ASSIGNMENT AND SUBCONTRACTING
16.1
No right, liability, obligation, or duty under this Agreement may be assigned,
delegated, or subcontracted, in whole or in part, without the prior written approval of
the County. The Subrecipient shall bear all liability under this Agreement, even if it
is assigned, delegated, or subcontracted, in whole or in part, unless the County
agrees otherwise.
16.2
In accordance with 2 C.F.R. §200.331, the Subrecipient may make a “Subaward” as
a pass-through entity for the purpose of carrying out a portion of the federal award
and General Funds. The Subrecipient will make determinations classifying recipients
of federal funds as a Subrecipient.
16.3
Subrecipient shall ensure compliance by any subcontractor with all ARPA
requirements, including reporting requirements.
17.0
DISPUTES
17.1
Except as otherwise provided for in this Agreement, the Parties may attempt to
informally resolve any dispute arising out of this Agreement for a reasonable period
of time, but which shall not exceed one hundred twenty (120) calendar days.
Disputes which are not resolved in that time period, shall be submitted in accordance
with the following formal dispute resolution process.
17.2
Notice of the specific grounds of a dispute shall be in writing and filed with the County
Representative listed in the Notices paragraph, within ten (10) business days from
the date the Subrecipient knew or should have known of the basis of the dispute.
17.3
The County Representative shall respond in writing to the Subrecipient within
fourteen (14) business days. The decision of the County Representative shall be
final and conclusive unless, within seven (7) business days after the date the
Subrecipient is served with the decision, the Subrecipient files a written notice of
appeal with the Human Services Department Director.
17.4
The Department Director shall provide the Subrecipient with a written response
within fourteen (14) business days following receipt of the notice of appeal. The
decision of the Director shall be final and not appealable.
17.5
Pending a final decision of the Director, the Subrecipient shall diligently proceed with
its performance of this Agreement in accordance with the County Representative’s
decision.
17.6
In the event Subrecipient disagrees with the Director’s decision, Subrecipient shall
have every existing and future right or remedy available by law or in equity to resolve
the dispute.
18.0
SEVERABILITY
Any provision of this Agreement that is determined to be invalid, void, or illegal by a court
that determination shall in no way affect, impair, or invalidate any other provision of this
Agreement, and the remaining provisions shall remain in full force and effect.
19.0
STRICT COMPLIANCE
One Party’s acceptance of the other Party’s performance that is not in strict compliance with
the terms of this Agreement shall not be deemed to waive the requirements of strict
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compliance for all future performance. All changes in performance obligations under this
Agreement shall be in writing and signed by both Parties.
20.0
SINGLE AUDIT ACT REQUIREMENTS
The Subrecipient is in receipt of federal funds through the County and is subject to the
federal audit requirements of the Single Audit Act of 1984, as amended (Pub. L. No. 98-502)
(codified at 31 U.S.C. § 7501, et seq.). The Subrecipient shall comply with 2 C.F.R. 200,
Subpart F. Upon completion, such audits shall be made available for public inspection.
Audits shall always be made available upon request and publicly posted to the city’s website
or submitted to the County within the twelve (12) months following the close of the fiscal
year. The Subrecipient shall take corrective actions within six (6) months of the date of the
receipt of audit findings. The County shall consider sanctions as described in 2 C.F.R. §
200.505 if it is determined by ARPA or the County that the Subrecipient is not in compliance
with the audit requirements.
21.0
AUDIT DISALLOWANCES
21.1
The Subrecipient shall, upon written notice, reimburse the County for any payments
made under this Agreement that are disallowed by a federal, state, or County audit.
Court costs and attorney and expert fees incurred will be specifically identified as
applicable to the recovery of the disallowed costs in question.
21.2
If the County determines that a cost for which payment has been made is a
disallowed cost, then the County will notify the Subrecipient in writing of the
disallowance and identify the required course of action, which shall be at the option
of the County, either to adjust any future claim submitted by the Subrecipient by the
amount of the disallowance or to require immediate repayment of the disallowed
amount by the Subrecipient issuing a check payable to the County.
22.0
PROPERTY
22.1
Any County property furnished or leased pursuant to the terms of this Agreement
shall be utilized, maintained, repaired, and accounted for in accordance with the
instructions furnished by the County, and title to all such property shall revert to the
County upon the expiration or termination of this Agreement. The costs to repair
such property is the responsibility of the Subrecipient within the limits budgeted in
this Agreement.
22.2
Any Subrecipient property furnished or purchased pursuant to the terms of the
Agreement shall be utilized, maintained, repaired, and accounted for by the
Subrecipient or Subrecipient’s subrecipient, as applicable. Repair costs of such
property shall be the responsibility of the Subrecipient or Subrecipient’s subrecipient,
as applicable.
23.0
LIMITATION ON LIABILITY
23.1
The County and its agents, representatives, officials, officers, directors,
employees, volunteers, departments, agencies, boards, committees, and
commissions shall not be liable for any act or omission by the Subrecipient or any
and all of its agents, representatives, officials, officers, directors, employees,
volunteers, departments, agencies, boards, committees, or commissions occurring
in the performance of this Agreement, nor shall the County and its agents,
representatives, officials, officers, directors, employees, volunteers, departments,
agencies, boards, committees, and commissions be liable for purchases or
contracts made by the Subrecipient or any and all of its agents, representatives,
officials, officers, directors, employees, volunteers, departments, agencies,
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boards, committees, or commissions in connection with this Agreement, except as
otherwise provided by law.
23.2
The Subrecipient and its agents, representatives, officials, officers, directors,
employees, volunteers, departments, agencies, boards, committees, and
commissions shall not be liable for any act or omission by the County or any and
all of its agents, representatives, officials, officers, directors, employees,
volunteers, departments, agencies, boards, committees, or commissions
occurring in the performance of this Agreement, nor shall the Subrecipient and its
agents, representatives, officials, officers, directors, employees, volunteers,
departments, agencies, boards, committees, and commissions be liable for
purchases or contracts made by the County or any and all of its agents,
representatives, officials, officers, directors, employees, volunteers, departments,
agencies, boards, committees, or commissions in connection with this Agreement,
except as otherwise provided by law.
24.0
GENERAL INDEMNIFICATION
Each Party (as “Indemnitor”) agrees to indemnify, defend, and hold harmless the other
Party and its officers, officials, employees, and agents (collectively, “Indemnitees”) from
and against any and all claims, losses, liability, costs, or expenses (including reasonable
attorney and expert fees) (collectively referred to as “Claims”) either arising from or
related to breach of this Agreement, but only to the extent that such Claims are caused
by the act, omission, negligence, misconduct, or other fault of the Indemnitor and any
and all of its agents, representatives, officials, officers, directors, employees, volunteers,
departments, agencies, boards, committees, and commissions. The obligations under
this Section 26 shall survive termination of this Agreement.
25.0
INSURANCE
25.1
Subrecipient, at Subrecipient’s own expense, shall purchase and maintain, at a
minimum, the herein stipulated insurance from a company or companies duly
licensed by the State of Arizona and possessing an AM Best, Inc. category rating of
B++. In lieu of State of Arizona licensing, the stipulated insurance may 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.
25.2
All insurance required herein shall be maintained in full force and effect until all work
or service required to be performed under the terms of the Contract is satisfactorily
completed and formally accepted. Failure to do so may, at the sole discretion of
County, constitute a material breach of this contract.
25.3
In the event that the insurance required is written on a claims-made basis,
Subrecipient warrants that any retroactive date under the policy shall precede the
effective date of this Contract and either continuous coverage will be maintained, or
an extended discovery period will be exercised for a period of two years beginning
at the time work under this Contract is completed.
25.4
Subrecipient’s insurance shall be primary insurance as respects County, and any
insurance or self-insurance maintained by County shall not contribute to it.
25.5
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.
25.6
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.
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Subrecipient shall be solely responsible for the deductible and/or self-insured
retention and County, at its option, may require Subrecipient to secure payment of
such deductibles or self-insured retentions by a surety bond or an irrevocable and
unconditional letter of credit.
25.7
The insurance policies required by this contract, except Workers’ Compensation and
Errors and Omissions, shall name County, its agents, representatives, officers,
directors, officials, and employees as additional insureds or additional loss payees
as applicable.
25.8
The policies required hereunder, except Errors and Omissions, 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.
25.9
If available, the insurance policies required by this Contract may be combined with
Commercial Umbrella Insurance policies to meet the minimum limit requirements. If
a Commercial Umbrella insurance policy is utilized to meet insurance requirements,
the Certificate of Insurance shall indicate which lines the Commercial Umbrella
Insurance covers.
25.10 Commercial General Liability
25.10.1
Commercial General Liability (CGL) insurance and, if necessary,
Commercial Umbrella insurance with a limit of not less than $2,000,000
for each occurrence, $4,000,000 Products/Completed Operations
Aggregate, and $4,000,000 General Aggregate Limit. The policy shall
include coverage for premises liability, bodily injury, broad form property
damage, personal injury, products and completed operations and
blanket contractual coverage, and shall not contain any provisions which
would serve to limit third party action over claims. There shall be no
endorsement or modifications of the CGL limiting the scope of coverage
for liability arising from explosion, collapse, or underground property
damage.
25.11 Errors and Omissions/Professional Liability Insurance
25.11.1
Errors and Omissions (Professional Liability) insurance which will insure
and provide coverage for errors or omissions, or professional liability of
the architect engaged by the Subrecipient for the Project, with limits of
no less than $2,000,000 for each claim.
25.12 Builder’s Risk (Property) Insurance
25.12.1
Subrecipient shall purchase and maintain, on a replacement cost basis,
Builders’ Risk insurance and, if necessary, Commercial Umbrella
insurance in the amount of the initial Contract amount, as well as
subsequent modifications thereto for the entire work at the site. Such
Builders’ Risk insurance shall be maintained until final payment has been
made or until no person or entity other than County has an insurable
interest in the property required to be covered, whichever is earlier. This
insurance shall include interests of County, Subrecipient, and all
subcontractors and sub‐subcontractors in the work during the life of the
Contract and course of construction and shall continue until the work is
completed and accepted by County. For new construction projects,
Subrecipient agrees to assume full responsibility for loss or damage to
the work being performed and to the structures under construction. For
renovation construction projects, Subrecipient agrees to assume
responsibility for loss or damage to the work being performed at least up
to the full Contract amount, unless otherwise required by the Contract
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documents or amendments thereto. Builders’ Risk insurance shall be on
a special form and shall also cover false work and temporary buildings
and shall insure against risk of direct physical loss or damage from
external causes including debris removal, and demolition occasioned by
enforcement of any applicable legal requirements and shall cover
reasonable compensation for architect’s service and expenses required
as a result of such insured loss and other “soft costs” as required by the
contract. Builders’ Risk insurance must provide coverage from the time
any covered property comes under Subrecipient’s control and/or
responsibility, and continue without interruption during construction,
renovation, or installation, including any time during which the covered
property is being transported to the construction installation site and
while on the construction or installation site awaiting installation. The
policy will provide coverage while the covered premises or any part
thereof are occupied. Builders’ Risk insurance shall be primary, and any
insurance or self‐insurance maintained by the County is not contributory.
If the Contract requires testing of equipment or other similar operations,
at the option of County, Subrecipient will be responsible for providing
property insurance for these exposures under a Boiler and Machinery
insurance policy or the Builders’ Risk Insurance policy.
25.13 Certificates of Insurance
25.13.1
Within ten (10) calendar days following the closing of construction
financing for the Project, the Subrecipient shall furnish the County with
valid and complete Certificates of Insurance, or formal endorsements 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 identify this Contract number and title.
25.13.2
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.
25.13.3
If a policy does expire during the life of the Contract, a renewal certificate
must be sent to County 15 calendar days prior to the expiration date.
25.14 Certificate holder shall be identified as:
Maricopa County
c/o Risk Management
301 W Jefferson St., Suite 910
Phoenix, AZ 85003
25.15 Cancellation and Expiration Notice
25.15.1
Applicable to all insurance policies required within the insurance
requirements of this contract, Subrecipient’s insurance shall not be
permitted to expire, be suspended, be canceled, or be materially changed
for any reason without 30 days prior written notice to Maricopa County.
Subrecipient must provide to Maricopa County, within ten business days
of receipt, if they receive notice of a policy that has been or will be
suspended, canceled, materially changed for any reason, has expired, or
will be expiring. Such notice shall be sent directly to Maricopa County
Human Services Department and shall be mailed, or hand delivered to
234 N. Central Avenue, Phoenix, AZ 85004, or emailed to the Human
Services representative noted in the Contract.
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26.0
OFFSHORE PERFORMANCE OF WORK PROHIBITED
Due to security and identity protection concerns, direct services under this Agreement shall
be performed within the borders of the United States. Any services that are described in
the specifications or scope of work that directly serve State of Arizona residents and may
involve access to secure or sensitive data or personal client data or development or
modification of software shall be performed within the borders of the United States. Unless
specifically stated otherwise in the specifications, this definition does not apply to indirect
or “overhead” services, redundant back-up services, or services that are incidental to the
performance of the Agreement. This provision applies to work all performed by
Subrecipients or subcontractors at all tiers.
27.0
TECHNICAL ASSISTANCE
The County will provide reasonable technical assistance to the Subrecipient to assist in
complying with state and federal laws, and regulations, and accountability for diligent
performance and compliance with the terms and conditions of this Agreement and all
applicable laws, regulations, and standards. However, this assistance in no way relieves the
Subrecipient of full responsibility and accountability for its actions and performance in
compliance with the terms of this Agreement.
28.0
STAFF AND VOLUNTEER TRAINING
The County may make available to the Subrecipient the opportunity to participate in any
applicable training activities conducted by the County.
29.0
CLEAN AIR ACT
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.
30.0
LOBBYING
30.1
No federal appropriated funds have been paid or will be paid by or on behalf of the
Subrecipient to any person for influencing or attempting to influence an officer or
employee of any agency, a member of Congress, an officer or employee of
Congress, or an employee of a member of Congress in connection with the awarding
of any federal agreement, the making of any federal grant, the making of any federal
loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any federal agreement, grant,
loan, or cooperative agreement.
30.2
If any funds, other than federal appropriated funds, have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, an officer or employee of Congress, or an employee
of a member of Congress in connection with any federal agreement, grant, loan or
cooperative agreement, then the Subrecipient shall complete and submit OMB
Form-LLL, titled "Disclosure of Lobbying Activities," in accordance with its
instructions and 31 U.S.C. § 1352.
31.0
RELIGIOUS ACTIVITIES
The Subrecipient warrants that none of its costs incurred will include any expense related
to any religious activities.
32.0
POLITICAL ACTIVITY PROHIBITED
City of Glendale
Page 12 of 35
None of the funds, materials, property, or services contributed by the County under this
Agreement shall be used for any partisan political activity, or to further the election or defeat
of any candidate for public office.
33.0
COVENANT AGAINST CONTINGENT FEES
The Subrecipient warrants that no persons or entities have been employed or retained by it
to solicit or secure this Agreement upon an agreement or understanding for a commission,
percentage, brokerage, or contingent fee. For breach or violation of this warranty, the
County may immediately terminate this Agreement without liability.
34.0
SAFEGUARDING OF PARTICIPANT INFORMATION
The use or disclosure by the Subrecipient of any information concerning an applicant for, or
recipient of, service under this Agreement is directly limited to conduct of this Agreement.
The Subrecipient and any and all of its agents, representatives, officials, officers, directors,
employees, volunteers, departments, agencies, boards, committees, and commissions shall
safeguard the confidentiality of this information, just as they would safeguard their own
confidential information.
35.0
RIGHTS IN DATA
The Parties shall each have the use of data and reports resulting from this Agreement
without cost or other restriction, except as otherwise provided by law or applicable
regulation. Each Party shall supply to the other Party, upon request, any available
information that is relevant to this Agreement and to the performance under it, except to the
extent prohibited by law.
36.0
COPYRIGHTS
If this Agreement results in a book or other written material, the author is free to copyright
the work, but the Parties reserve a royalty-free, nonexclusive, perpetual and irrevocable
license to reproduce, publish, and otherwise use and to authorize others to use, all
copyrighted material and all material that may be copyrighted as a result of this Agreement.
37.0
AGREEMENT COMPLIANCE MONITORING/AUDITING
37.1
The County will monitor the Subrecipient's compliance as needed for fiscal and
programmatic performance under the terms and conditions of this Agreement and
applicable regulations promulgated by ARPA and Maricopa County. On-site visits
for compliance monitoring may be made by the County and/or its grantor agencies
at any time during the Subrecipient's normal business hours, announced and/or
unannounced. For auditing purposes, the County shall provide the Subrecipient with
30-days’ advance notice of any proposed on-site visit. During an on-site visit(s), the
Subrecipient shall reasonably make all of its records and accounts related to work
performed or services provided under this Agreement available to the County for
inspection and copying.
37.2
The County shall request information for fiscal monitoring/audit per OMB Uniform
Guidance 2 C.F.R. § 200, to include as applicable:
37.2.1
Financial Management 2 C.F.R. § 200.302
37.2.2
Internal Controls 2 C.F.R. § 200.303
37.2.3
Bonds 2 C.F.R. § 200.304
37.2.4
Payment and Financial Reporting 2 C.F.R. § 200.305
37.2.5
Cost Sharing or Matching 2 C.F.R. § 200.306
37.2.6
Program Income 2 C.F.R. § 200.307
37.2.7
Revision of Budget and Program Plans 2 C.F.R. § 200.308
City of Glendale
Page 13 of 35
37.2.8
Period of Performance 2 C.F.R. § 200.309
37.2.9
Insurance Coverage 2 C.F.R. § 200.310
37.2.10
Record Retention and Access 2 C.F.R. §§ 200.334 – 200.338
37.2.11
Procurement Standards 2 C.F.R. § 200.318
37.2.12
Indirect Costs 2 C.F.R. § 200.414
37.2.13
Compensation-Personal Services 2 C.F.R. § 200.430
37.2.14
Audit Requirements 2 C.F.R. §§ 200.501-200.517
38.0
CONTINGENCY RELATING TO OTHER AGREEMENTS AND GRANTS
38.1
The Subrecipient shall, during the term of this Agreement, within fifteen (15)
business days from acceptance, inform the Director in writing of the award of any
other agreement or grant, including any other agreement or grant awarded by the
County, where the award may affect either the direct or indirect costs being paid or
reimbursed under this Agreement. The Subrecipient’s failure to notify the County of
any such agreement shall be a breach of this Agreement and the County may
immediately terminate this Agreement without liability.
38.2
The Director may request, and Subrecipient shall provide within a reasonable time,
which shall not exceed ten (10) business days, a copy of all such other agreements
or grants, when, in the opinion of the Director, the award of the agreement or grant
may affect the costs being paid or reimbursed under this Agreement, except to the
extent prohibited by law.
38.3
If the Director determines that the award to the Subrecipient from such other
agreements or grants has affected the costs being paid or reimbursed under this
Agreement, then the Director shall prepare an amendment to this Agreement
effecting a cost adjustment. If the Subrecipient disputes the proposed cost
adjustment, then the dispute shall be resolved pursuant to the "Disputes" paragraph
of this Agreement.
39.0
MINIMUM WAGE REQUIREMENTS
The Subrecipient warrants that it shall pay all of its employees who are engaged in either
performing work or providing services under the terms of this Agreement not less than the
minimum wage specified under Section 206(a)(1) of the Fair Labor Standards Act of 1938,
as amended (29 U.S.C. §§ 201, et seq.), by law and regulation, and, as applicable,
Executive Order 13658, as amended, and as specified by Arizona law.
40.0
RECOGNITION OF COUNTY SUPPORT
The Subrecipient shall give recognition to the County and the funding source for its support
when the Subrecipient publishes materials or releases public information that is paid for in
whole or in part with funds received by the Subrecipient under this Agreement.
41.0
NONDISCRIMINATION, EQUAL OPPORTUNITY AND EQUAL ACCESS
The Subrecipient, in connection with any services or other activities under this Agreement,
shall not in any way discriminate against any person on the grounds of race, color, religion,
sex, national origin, age, disability, political affiliation or belief. The Subrecipient shall include
this clause in all its Subcontracts.
42.0
DISABILITY REQUIREMENTS
The Subrecipient agrees that any electronic or information technology offered under this
Agreement shall comply with A.R.S. §§41-2531 and 41-2532 and Section 508 of the
Rehabilitation Act of 1973, which requires that employees and members of the public shall
City of Glendale
Page 14 of 35
have access to and use of information technology that is comparable to the access and
use by employees and members of the public who are not individuals with disabilities.
43.0
EQUAL EMPLOYMENT OPPORTUNITY
43.1
The Subrecipient shall not discriminate against any employee or applicant for
employment because of race, age, disability, color, religion, sex, sexual identity,
gender identity, or national origin.
43.2
The Subrecipient shall take affirmative action to ensure that applicants are employed
and that employees are treated during employment without regard to their race, age,
disability, color, religion, sex, sexual identity, gender identity, or national origin. Such
action shall include, but is not limited to, the following: employment, upgrading,
demotion or transfer, recruitment or recruitment advertising, lay-off or termination,
rates of pay or other forms of compensation, and selection for training, including
apprenticeship.
43.3
The Subrecipient shall and shall cause their respective Subcontractors to comply
with:
43.3.1
Title VI and VII of the Civil Rights Act of 1964, as amended (42 U.S.C.
§§ 2000a, et seq.);
43.3.2
the Rehabilitation Act of 1973, as amended (29 U.S.C. §§ 701, et seq.);
43.3.3
the Age Discrimination in Employment Act of 1967, as amended (29
U.S.C. §§ 621, et seq.);
43.3.4
the Americans With Disabilities Act of 1990 (42 U.S.C. §§ 12101, et
seq.); and
43.3.5
Arizona Executive Order 2009-09, et seq. as amended, which mandates
that all persons shall have equal access to employment opportunities.
44.0
UNIFORM ADMINISTRATIVE REQUIREMENTS
The Subrecipient agree to comply with all applicable provisions of Title 2, Subtitle A, Chapter
II, Part 200—UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND
AUDIT REQUIREMENTS FOR FEDERAL AWARDS contained in Title 2 C.F.R. §§ 200, et
seq.
45.0
FINANCIAL MANAGEMENT
The Subrecipient shall establish an accounting system that assures the safeguarding and
accountability of all money and assets provided under this Agreement. No part of the money
deposited in the bank account shall be commingled with other funds or money belonging to
the Subrecipient. All interest earned on the account shall be disbursed in the manner
specified by the County in accordance with applicable State of Arizona and federal
regulations. If an accounting system is used, then it shall be in accordance with generally
accepted accounting principles.
46.0
RETENTION OF RECORDS
46.1
This provision applies to all financial and programmatic records, supporting
documents, statistical records, and other records of the Subrecipient that are related
to this Agreement.
46.2
The Subrecipient shall retain all records relevant to this Agreement for six (6) years
after final payment or until after the resolution of any audit questions which could be
more than six (6) years, whichever is longer, and the County, federal and state
auditors and any other persons duly authorized by the County shall have full access
to, and the right to examine, copy, and make use of any and all of the records.
City of Glendale
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47.0
ADEQUACY OF RECORDS
If the Subrecipient’s books, records and other documents related to this Agreement are not
sufficient to support and document that allowable services were provided to eligible
participants as determined by a court of competent jurisdiction, then the Subrecipient shall
reimburse the County for the services not supported and documented.
48.0
IMMIGRATION LAWS AND REGULATIONS
48.1
Federal Immigration and Nationality Act
48.1.1
The Subrecipient understands and acknowledges the applicability of the
Immigration Reform and Control Act of 1986 (IRCA). The Subrecipient
agrees to comply with the IRCA in performing under this Agreement and
to permit the County to reasonably inspect personnel records to verify
such compliance, to the extent required by law.
48.1.2
By entering into this Agreement, the Subrecipient warrants compliance
with the Federal Immigration and Nationality Act (FINA) and all other
federal immigration laws and regulations related to the immigration
status of its employees. The Subrecipient shall obtain statements from
their subcontractors certifying compliance and shall furnish the
statements to the County upon request. These warranties shall remain
in effect through the term of the Agreement. The Subrecipient and their
subcontractors shall also maintain Employment Eligibility Verification
forms (I-9) as required by the U.S. Department of Labor’s Immigration
and Control Act for all employees performing work under the
Agreement. I-9 forms are available for download at USCIS.GOV.
48.1.3
The County may request verification of compliance for any employee
or subcontractor performing work under the Agreement. Should the
County suspect or find that the Subrecipient or any of its subcontractors
are not in compliance, then the County may pursue any and all
remedies allowed by law, including, but not limited to: suspension of
work, termination of the Agreement for default, and suspension or
debarment (or both) of the Subrecipient. All costs necessary to verify
compliance are the responsibility of the subrecipient or its
subcontractor.
48.2
Arizona Law: The Subrecipient warrants that it is in compliance with A.R.S. § 41-
4401 (e-verify requirements) and further acknowledges that:
48.2.1
That the Subrecipient and their Vendors, if any, warrant their compliance
with all federal immigration laws and regulations that relate to their
employees and their compliance with A.R.S. § 23-214;
48.2.2
A breach of a warranty under this Subparagraph 48.2.2 shall be deemed
a material breach of this Agreement and the County may immediately
terminate this Agreement without liability; and
48.2.3
The County and any contracting government entity retain the legal right
to inspect the papers and employment records of the Subrecipient or
their Vendor’s employees who works on this Agreement to ensure that
such Party or Vendor is complying with the warranty provided under this
Subparagraph 48.2.3 and that the Subrecipient agrees to make all
papers and employment records of those employees available during
normal working hours in order to facilitate such an inspection.
49.0
DRUG FREE WORKPLACE ACT
City of Glendale
Page 16 of 35
The Subrecipient shall comply with the Drug-Free Workplace Act of 1988 (41 U.S.C. §§ 701,
et seq.), which requires that Subrecipients and grantees of federal funds must certify that
they will provide Drug-Free workplaces. This certification is a precondition to receiving a
grant or entering into this Agreement.
50.0
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND
VOLUNTARY EXCLUSION
50.1
The undersigned, by signing this Agreement, represents that he/she has the
authority to bind the Subrecipient to the terms of this Certification. The Subrecipient,
as the primary participant in accordance with 2 C.F.R. Part 180, certifies to the best
of its knowledge and belief that it and its principals:
50.1.1
Are not presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from covered transactions by
any federal department or agency;
50.1.2
Have not within a 3-year period preceding the Start Date of this
Agreement, been convicted of or had a civil judgment rendered against
them for (1) the commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public (federal,
State, or local) transaction or a contract under a public transaction; (2)
the violation of any federal or State antitrust statutes or (3) the
commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen
property;
50.1.3
Are not presently indicted or otherwise criminally or civilly charged by a
governmental entity (federal, state, or local) with the commission of any
of the offenses enumerated in Sub-subparagraph 50.1.2 above; and
50.1.4
Have not, within a three-year period preceding the Start Date of this
Agreement, had one or more public transactions (federal, state, or local)
terminated for cause or default.
50.2
The Subrecipient agrees to include, without modification, this clause in all lower tier
covered transactions (i.e., transactions with subcontractors) and in all solicitations
for lower tier covered transactions related to this Agreement.
51.0
SUBRECIPIENT EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO
INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS:
51.1
The Subrecipient agrees that this Agreement and its employees working on this
Agreement will be subject to the whistleblower rights and remedies in the federal
pilot program 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;
51.2
The Subrecipient shall inform its employees in writing, in the predominant
language of the workforce, of employee whistleblower rights and protections under
41 U.S.C. § 4712, as described in Section 3.908 of the Federal Acquisition
Regulation. Documentation of such employee notification must be kept on file by
the Subrecipient and copies provided to County upon request; and
51.3
The Subrecipient shall insert the substance of this clause, including this Paragraph
51.0, in all subcontracts over the agreed upon simplified acquisition threshold
($250,000 as of June 2021).
52.0
WRITTEN CERTIFICATION PURSUANT TO A.R.S. § 35-393.01
City of Glendale
Page 17 of 35
If the Subrecipient engages in for-profit activity and has 10 or more employees, and if this
Agreement has a value of $100,000 or more, then the Subrecipient certifies it is not
currently engaged in, and agrees for the duration of this Agreement not to engage in, a
boycott of goods and services from Israel. This certification does not apply to a boycott
prohibited by 50 U.S.C. § 4842 or a regulation issued pursuant to 50 U.S.C. § 4842.
53.0
SURVIVAL
The indemnification, hold harmless, defense, and non-liability provisions of this Agreement
shall have full force and effect notwithstanding any other provisions in this Agreement and
shall survive the termination or expiration of this Agreement.
54.0
DEFAULT AND REMEDIES FOR NONCOMPLIANCE
54.1
Notwithstanding anything to the contrary, this Section shall not be deleted or
superseded by any other provision of this Agreement.
54.2
This Agreement may be immediately terminated by a Party if the other Party
defaults by failing to perform any objective or breaches any obligation under this
Agreement, or any event occurs that jeopardizes the other Party’s ability to perform
any of its obligations under this Agreement.
54.3
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, had not been
reimbursed), the reimbursement of funds improperly expended, or the recovery of
funds improperly acquired. Noncompliance includes, but is not limited to:
54.3.1
Non-performance of any obligations required by this Agreement.
54.3.2
Noncompliance with any applicable federal, state, or local laws, rules,
or regulations.
54.3.3
Unauthorized expenditure of funds.
54.3.4
Noncompliance with applicable financial record requirements,
accounting principles, or standards established by OMB circulars and
2 C.F.R. §§ 200 et seq.
54.3.5
Noncompliance with recordkeeping, record retention, or reporting
requirements.
54.4
Notwithstanding the suspension or termination of this Agreement, or the final
determination of the proper disposition of funds, the Subrecipients, without intent
to limit or with restrictions, be subject to the following:
54.4.1
Acknowledge that suspension or termination of this Agreement does
not affect or terminate any rights against that Party at the time of
suspension or termination, or that may accrue later. Nothing herein
shall be construed to limit or terminate any right or remedy available
under Agreement.
54.4.2
Waiver of a breach or default of any term, covenant, or condition of this
Agreement or any federal, state, or local law, rule, or regulation shall
not operate as a waiver of any subsequent breach of the same or any
other term, covenant, condition, law, rule, or regulation.
54.5
The Subrecipient shall, upon notice or with knowledge obtained by itself or others,
take any and all proactive actions necessary, and provide any and all applicable
remedies to address and correct any act by itself, and any and all of its agents,
representatives, officers, officials, directors, employees, volunteers, successors,
assigns, or subcontractors that resulted in any wrongdoing (intentional or
unintentional); misuse or misappropriation of funds; the incorrect or improper
City of Glendale
Page 18 of 35
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.
55.0
ADMINISTRATIVE REQUIREMENTS
55.1
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).
55.2
Repayment of Funds – The Subrecipient agrees to repay funds provided under
this Agreement for noncompliance with the terms of this Agreement. Repayment
shall be in accordance with the terms of this Agreement or the requirement of
applicable laws and regulations, including continuing use compliance. The County
shall specify in writing, the terms of the repayment or alternative terms in lieu of
repayment. However, in no case shall repayment or compliance with the
alternative terms be complete any later than sixty (60) calendar days following the
written determination of noncompliance by the County.
55.3
Documentation and Record Keeping - The Subrecipient agrees to comply with this
Agreement and the following record keeping requirements:
55.3.1
Records to be maintained - The Subrecipient shall maintain all financial
records as required by 2 C.F.R. § 200, and OMB Circulars;
55.3.2
System
for
Award
Management
-The
Subrecipient
and
all
subcontractors or subrecipients shall have a valid Unique Entity
Identifier (UEI) number and an active profile in the federal System for
Award Management, or SAM.gov. Documentation of the UEI Number
must be included in all project files.
55.3.3
Records Retention - The Subrecipient shall retain all records pertinent
to this Agreement for a period of six (6) years after all 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.
55.3.4
Disclosure - The Subrecipient understands that client information
collected under this Agreement is private and the use or disclosure of
such information, when not directly connected with the administration
of the County's or the Subrecipient's responsibilities with respect to
services provided under this Agreement, is prohibited unless written
consent is obtained from such person receiving service.
55.3.5
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.
56.0
UYGHUR FORCED LABOR PREVENTION ACT (UFLPA)
56.1
The Subrecipient warrants and certifies that it does not currently, and agrees for
the duration of the agreement that it will not, use:
56.1.1
The forced labor of ethnic Uyghurs in the People’s Republic of China.
City of Glendale
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56.1.2
Any goods or services produced by the forced labor of ethnic Uyghurs
in the People’s Republic of China.
56.1.3
Any contractors, subcontractors or suppliers that use the forced labor
or any goods or services produced by the forced labor of ethnic
Uyghurs in the People’s Republic of China.
56.2
If the Subrecipient becomes aware during the term of the Agreement that the
Subrecipient is not in compliance with this paragraph, the Subrecipient shall notify
the County within five business days after becoming aware of the noncompliance.
Failure of the Subrecipient to provide a written certification that the Subrecipient
has remedied the noncompliance within one hundred eighty (180) days after
notifying the public entity of its noncompliance, this Agreement shall terminate
unless the Term of this Agreement shall end prior to said one hundred eighty (180)
day period.
57.0
FORCE MAJEURE
57.1
The Subrecipient shall be liable for failure of performance, nor incur any liability to
the other Party on account of any loss or damage resulting from any delay or failure
to perform all or any part of this Agreement if such delay or failure is caused by
events, occurrences, or causes beyond the reasonable control and without
negligence of the Parties. Such events, occurrences, or causes will include Acts
of God/Nature (including fire, flood, earthquake, storm, hurricane, or other natural
disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared
or not), civil war, riots, rebellion, revolution, insurrection, military or usurped power
or confiscation, terrorist activities, nationalization, government sanction, lockout,
blockage, embargo, labor dispute, strike, pandemic, and interruption or failure of
electricity or telecommunication service.
57.2
The Subrecipient, as applicable, shall give the other Party notice of its inability to
perform and particulars in reasonable detail of the cause of the inability. Each party
must use best efforts to remedy the situation and remove, as soon as practicable,
the cause of its inability to perform or comply.
57.3
The Party asserting Force Majeure as a cause for non-performance shall have the
burden of proving that reasonable steps were taken to minimize delay or damages
caused by foreseeable events, all non-excused obligations were substantially
fulfilled, and the other Party was timely notified of the likelihood or actual
occurrence that would justify such an assertion, so that other prudent precautions
could be contemplated.
[Signatures contained on following page]
City of Glendale
Page 20 of 35
IN WITNESS, the Parties have approved and signed this Agreement:
APPROVED BY:
City of Glendale
__________________________________
Kevin Phelps Date
City Manager
APPROVED BY:
MARICOPA COUNTY
____________________________________
Clint Hickman Date
Chairman Board of Supervisors
Attested to:
Julie K. Bower Date
City Clerk
Attested to:
Juanita Garza, Clerk of the Board Date
IN ACCORDANCE WITH A.R.S. §§ 9-240 and
11-952, THIS AGREEMENT HAS BEEN
REVIEWED
BY
THE
UNDERSIGNED
ATTORNEY WHO HAS DETERMINED THIS
AGREEMENT IS PROPER IN FORM AND
WITHIN THE POWERS AND AUTHORITY
GRANTED TO THE CITY OF GLENDALE
UNDER THE LAWS OF THE STATE OF
ARIZONA.
APPROVED AS TO FORM:
City Attorney Date
IN ACCORDANCE WITH A.R.S. §§ 11-201, 11-
251, AND 11-952, THIS AGREEMENT HAS
BEEN REVIEWED BY THE UNDERSIGNED
ATTORNEY WHO HAS DETERMINED THIS
AGREEMENT IS PROPER IN FORM AND
WITHIN THE POWERS AND AUTHORITY
GRANTED TO MARICOPA COUNTY UNDER
THE LAWS OF THE STATE OF ARIZONA.
APPROVED AS TO FORM:
Kim Miles, Deputy County Attorney Date
City of Glendale
Page 21 of 35
EXHIBIT A - STATEMENT OF WORK
Villa Manuel “Lito” Pena (Project)
1.0
Project Description:
1.1
The City of Glendale is responsible for partially funding the development of Villa
Manuel “Lito” Pena (Project) via a Developer Agreement with the Cesar Chavez
Foundation (CCF), acting through its development agency, Cielo Housing
Development, LLC (Developer). The Project includes acquisition and construction
of 80 new affordable units ranging in size from 1-3 bedrooms in four (4) two-story
buildings and one (1) single-story community center. The 5.5-acre site is located
at 5619 N. 67th Avenue in the City of Glendale bordering Don Mensendick Middle
School to the south and a multifamily apartment complex to the north. Construction
is approximately 50% completed with $950,000.00 in American Rescue Plan Act
(ARPA) funds expected to pay for construction cost increases resulting from the
COVID-19 pandemic.
1.2
The Developer will use $950,000 in Maricopa County ARPA funding to pay for
construction cost overages caused by the effects of COVID pandemic on global
supply chains and material costs. The total development budget estimated to date
is $25,991,710.
1.3
The ARPA funding will defer to the HOME regulations under 24 CFR 92.252, which
state that new construction of rental units requires a 20-year period of affordability.
This period will be secured and enforced through a Deed of Trust, Promissory Note
and Covenants, Conditions and Restrictions (CC&Rs) between the City of
Glendale and the Developer, that will be recorded at the Maricopa County
Recorder’s Office. All project units will be leased to households at or below 60%
AMI, including the anticipated five (5) units that will be designated as ARPA-
assisted.
1.4
The Project includes acquisition and construction of 80 new affordable units
ranging in size from 1-3 bedrooms in four (4) two-story buildings and one (1) single-
story community center.
1.5
The Developer will be placing a Si Se Puede! Learning Center at the site, which is
an afterschool program for school aged children. Activities include, but are not
limited to tutoring in ELA, mentoring, homework support, art and recreational
activities and character building.
2.0
Subrecipient contributions:
2.1
Describe the subrecipient’s contributions to the Project including additional funding
sources, assets or waived fees provided directly by the subrecipient.
2.2
The City of Glendale, as Subrecipient, has committed $1,442,697 (5.6% of the
current project cost of $25,991,710) from two sources:
2.3
Neighborhood Stabilization Program: $1,287,375 previously expended to acquire
and maintain the property.
City of Glendale
Page 22 of 35
2.4
Development Fee Waiver: The City recently instituted a development fee waiver
program to promote construction of new affordable units. The value of the fee
waiver for this project is estimated at $601,330.49.
3.0
Project Eligibility:
3.1
Property Standards - Housing that is constructed or rehabilitated with ARPA funds
must meet all applicable local codes, rehabilitation and construction standards,
ordinances, and zoning ordinances, including Section 504 of the Rehabilitation Act
of 1973 and Fair Housing Act, as amended, at the time of project completion. All
work shall meet decent, safe, and sanitary housing standards consistent with
HOME regulations including HUD Housing Quality Standards and Maricopa
County Housing Rehabilitation Standards. These standards are available on the
Maricopa County website under Housing & Community Development or upon
request.
3.2
Occupancy Requirements – the Developer shall determine and verify income
eligibility of tenants who will occupy ARPA-assisted units prior to occupancy of a
unit as well as annually during the 20-year Period of Affordability. All households
will have incomes at 60% AMI below, adjusted for household size. Initial and
ongoing household income eligibility will be determined according to the provisions
of 24 CFR 92.203.
3.3
Rental Requirements - The ARPA-assisted units shall be designated as Low
HOME units, including utility allowances. Tenant selection and lease protections
will conform with provisions in 24 CFR 92.253.
3.4
Affordability Period – under 24 CFR 92.252, new construction of rental units
requires a 20-year period of affordability. This period will be secured and enforced
through a Deed of Trust, Promissory Note and Covenants, Conditions and
Restrictions (CC&Rs) that will be recorded at the Maricopa County Recorder’s
Office.
3.5
Program Income – The Project is not expected to generate program income at any
point. However, any program income generated through completion of this activity
will be recoverable by Maricopa County to reallocate to one or more future
affordable housing projects. ARPA funds will be provided as a 20-year, deferred
loan with a zero percent interest rate. Terms of all ARPA assistance to Developers
will be according to the financing needs of other funders, the results of final
underwriting, and ARPA requirements. The City of Glendale shall request
Maricopa County’s administrative review and approval of the Developer
Agreement prior to execution. Maricopa County shall provide administrative
review and approval within three (3) business days.
3.6
Housing and Resource Communications –
3.6.1 The city shall require any subrecipient to notify designated contacts for both
the city and MCHSD at least ten (10) business days in advance of initial
lease up or waitlist opening announcing the acceptance of new applications
for housing to allow each agency to communicate the opportunity to their
respective clients, partners, and residents.
City of Glendale
Page 23 of 35
3.6.2 The city shall require any subrecipient to allow the placement of collateral
material in leasing offices for the purpose of marketing programs or
services which residents may benefit from.
4.0
Deliverables:
Beneficiaries
ARPA Assisted
Non-ARPA
Assisted
Total Assisted
Number of households (units)
5
75
80
Number of people served annually
(approximate)
15
180
195
5.0
Budget:
Fund Sources
Sources
Total
Maricopa County – ARPA
$950,000
Total:
$950,000
Uses
ARPA Development Cost
General Development Costs
Construction Hard Costs – Residential*
$950,000
TOTALS
$950,000
6.0
Proposed Project Schedule:
Project Milestone
Estimated
Completion
Date
Comments
Environmental Review Completion
Feb 2010
Completed
Authority to Use Grant Funds
Mar 2010
Completed
City NSP Funds Firm Commitment
Mar 2010
Completed
Site Acquisition
Mar 2010
Completed
Environmental Review updated
Dec 2020
Completed
Construction Loan (Closing Date)
Jul 2021
Completed
Partnership Closing (Closing Date)
Jul 2021
Completed
Permanent Loan Commitment
Jul 2021
Completed
Initial Permanent Loan Closing
Jul 2021
Completed
Zoning Entitlements
Jul 2021
Completed
Plans Submitted to Glendale
Development Services Dept.
Sep 2020
Completed
Civil Permits Issued
Jul 2021
Completed
Building Permits Issued
Jul 2021
Completed
Contractors Notice to Proceed
Issued
Jul 2021
Completed
Construction Mobilization
Jul 2021
Completed
25% Completion
Nov 2021
Completed
50% Completion
Mar 2021
Completed
75% Completion
Oct 2023
City of Glendale
Page 24 of 35
Certificate of Occupancy (100%
Completion)
Dec 2023
ARPA-Assisted Units Occupied
Jan 2024
100% Occupancy
Jan 2024
Project closeout
Mar 2024
City of Glendale
Page 25 of 35
EXHIBIT B - STATEMENT OF WORK
Unity at Glendale (Project)
1.0
Project Description:
1.1
The City of Glendale is responsible for partially funding the development of the
Unity at Glendale (Project) via a Developer Agreement with TWG Development,
LLC (Developer). Unity at Glendale is a 4% LIHTC multifamily new construction
project located at 4751 West Glendale Avenue, Glendale, AZ 85301. This
development will offer a total of 105 units consisting of 1,2 & 3-bedroom units
leasing to households at 60% of AMI or below. There are 29 one-bedroom units,
46 two-bedroom units, and 30 three-bedroom units in three 3-story buildings.
Landscaping will be in accordance with city code requirements, utilizing low-water
requirement plantings. Other property amenities include a playground, pool, bike
racks, and community room. The Project will remain affordable throughout the
LIHTC period of affordability for 35 years. The total amount of development costs
for this project is $22,842,280. The ARPA funds will be used to cover labor and
material cost increases that the housing market has experienced as a result of the
COVID-19 pandemic.
1.2
The Unity on Glendale project will expend $2,400,000 in ARPA funds from
Maricopa County to supplement construction and labor cost increases. The total
budget for the Project estimated to date is $22,842,280. Additional funding for this
project comes from the City of Glendale (a ±$700,000 land cost reduction. All units
will be leased to eligible households at 60% AMI or below including the twelve (12)
anticipated ARPA-assisted units.
1.3
As a 4% LIHTC project, the Project will carry a 35-year period affordability, 20
years of which will apply to ARPA-assisted units. Specific ARPA-assisted units
have not been identified. The ARPA funding will defer to the HOME regulations
under 24 CFR 92.252, which state that new construction of rental units requires a
20-year period of affordability. This period will be secured and enforced through a
Deed of Trust, Promissory Note and Covenants, Conditions and Restrictions
(CC&Rs) between the City of Glendale and the Developer, that will be recorded at
the Maricopa County Recorder’s Office at close of escrow.
1.4
The Project will construct 105 new affordable units (29 one-bedroom, 46 two-
bedroom and 30 three-bedroom) in three, 3-story buildings on a ±7-acre parcel in
downtown Glendale. Amenities will include a playground, pool, bike racks and a
community space for resident use.
1.5
There are no supportive services scheduled to be offered onsite.
2.0
Subrecipient contributions:
2.1
The City of Glendale currently holds fee-simple title to this parcel and will forgive
a portion ($700,000) of the purchase price of the property. The City also recently
instituted a development fee waiver program to promote construction of new
affordable units.
2.2
Development Fee Waiver: The City recently instituted a development fee waiver
program to promote construction of new affordable units. The value of the fee
waiver for this project is estimated at $250,000.
City of Glendale
Page 26 of 35
3.0
Project Eligibility:
3.1
Property Standards - Housing that is constructed or rehabilitated with ARPA funds
must meet all applicable local codes, rehabilitation and construction standards,
ordinances, and zoning ordinances, including Section 504 of the Rehabilitation Act
of 1973 and Fair Housing Act, as amended, at the time of project completion. All
work shall meet decent, safe and sanitary housing standards consistent with
HOME regulations including HUD Housing Quality Standards and Maricopa
County Housing Rehabilitation Standards. These standards are available on the
Maricopa County website under Housing & Community Development or upon
request.
3.2
Occupancy Requirements – the Developer shall determine and verify income
eligibility of tenants who will occupy ARPA-assisted units prior to occupancy of a
unit as well as annually during the 20-year ARPA/HOME Period of Affordability. All
households will have incomes at 60% AMI below, adjusted for household
size. Initial and ongoing household income eligibility will be determined according
to the provisions of 24 CFR 92.203.
3.3
Rental Requirements - The ARPA-assisted units shall be designated as Low
HOME units, including utility allowances. Tenant selection and lease protections
will conform with provisions in 24 CFR 92.253.
3.4
Affordability Period – under 24 CFR 92.252, new construction of rental units
requires a 20-year period of affordability. This period will be secured and enforced
through a Deed of Trust, Promissory Note and Covenants, Conditions and
Restrictions (CC&Rs) that will be recorded at the Maricopa County Recorder’s
Office. The units will continue to be affordable for an additional 15 years beyond
the HOME affordability period to comply with LIHTC requirements.
3.5
Program Income – The Project is not expected to generate program income at any
point. However, any program income generated through completion of this activity
will be recoverable by Maricopa County to reallocate to one or more future
affordable housing projects. ARPA funds will be provided as a 20-year deferred
loan with a zero percent interest rate. Terms of all ARPA assistance to Developers
will be according to the financing needs of other funders, the results of final
underwriting, and ARPA requirements. The City of Glendale shall request
Maricopa County’s administrative review and approval of the Developer
Agreement prior to execution. Maricopa County shall provide administrative
review and approval within three (3) business days.
3.6
Housing and Resource Communications –
3.6.1 The city shall require any subrecipient to notify designated contacts for both
the city and MCHSD at least ten (10) business days in advance of initial
lease up or waitlist opening announcing the acceptance of new applications
for housing to allow each agency to communicate the opportunity to their
respective clients, partners, and residents.
3.6.2 The city shall require any subrecipient to allow the placement of collateral
material in leasing offices for the purpose of marketing programs or
services which residents may benefit from.
City of Glendale
Page 27 of 35
4.0
Deliverables:
Beneficiaries
ARPA
Assisted
Non-ARPA
Assisted
Total Assisted
Number of households (units)
12
93
105
Number of people served annually
(approximate)
36
270
306
5.0
Budget:
Fund Sources
Sources
Total
Maricopa County – ARPA
$2,400,000
Total:
$2,400,000
Uses
ARPA Funds
General Development Costs
Construction Hard Costs- Residential
$2,400,000
TOTALS
$2,400,000
6.0
Proposed Project Schedule:
Project Milestone
Estimated
Completion
Date
Comments
Site Acquisition
9/13/23
Construction Loan (Closing Date)
8/15/23
Partnership Closing (Closing Date)
8/15/23
Permanent Loan Commitment
01/05/23
Permanent Loan Closing
8/15/23
Other Funds Firm Commitment
8/15/23
Other Funds Firm Commitment
8/15/22
Environmental Review Completion
6/9/23
Authority to Use Grant Funds
7/15/23
Zoning Entitlements
9/15/23
Plans Submitted to the Municipality
Pending
Civil Permits Issued
9/15/23
Building Permits Issued
9/15/2023
Contractors Notice to Proceed Issued
10/15/23
Construction Mobilization
11/20/23
25% Completion
4/1/24
50% Completion
9/1/24
75% Completion
1/15/25
Certificate of Occupancy
5/1/25
ARPA-Assisted Units Occupied
5/1/25
100% Occupancy
7/15/25
City of Glendale
Page 28 of 35
EXHIBIT C - STATEMENT OF WORK
67 Flats (Project)
1.0
Project Description:
1.1
The City of Glendale is responsible for partially funding the development of the
67 Flats (Project) via a Developer Agreement with Dominium (Developer). 67
Flats is a Section 42 (LIHTC) multifamily rental development community that will
feature a total of 384 apartment units for families – 12 of which will be 1-bedroom
units, 204 of which will be 2-bedroom units, and 168 of which will be 3-bedroom
units. The site is currently a 20-acre parcel of undeveloped land on the Northwest
corner of N 67th Ave and W Maryland Ave. Outdoor amenity space will be
prominently featured, with a pool, small parks, and courtyards located throughout
the property. The courtyards will host a gazebo and fire pits with ample seating
area. Other amenities include a club room, a fitness center, an Amazon hub, a
yoga room, community laundry, and playgrounds.
1.2
Project financing will consist of tax-exempt bonds issued by AZIDA, a tax-exempt
construction loan and a taxable equity bridge loan, a permanent mortgage, and
tax credit equity. Additionally, the partnership with Langston Hughes Affordable
Housing Inc., will provide real estate tax exemption. Dominium will defer a large
portion of its developer fee to ensure completion of this development.
1.3
The total budget estimated to date for the Project is $167,986,518 with
$2,861,000 requested in County ARPA funds to partially offset the cost of land
acquisition.
1.4
The ARPA funding will defer to the HOME regulations under 24 CFR 92.252,
which state that new construction of rental units requires a 20-year period of
affordability. This period will be secured and enforced through a Deed of Trust,
Promissory Note and Covenants, Conditions and Restrictions (CC&Rs) between
the City of Glendale and the Developer, that will be recorded at the Maricopa
County Recorder’s Office. All units in the Project will be leased to eligible
households with incomes at or below 60% AMI, including the anticipated thirteen
(13) units that will be designated as ARPA-assisted. All units will be subject to
ongoing LIHTC affordability requirements for an additional ten years following
expiration of the HOME affordability requirements.
1.5
The Project will include site acquisition and construction of 384 new affordable
units (12 one-bedroom; 204 two-bedroom and 168 three-bedroom). Site
amenities will include a pool, several small parks and courtyards located
throughout the property. The courtyards will host a gazebo and fire pits. Other
amenities include a club room, a fitness center, an Amazon hub, a yoga room,
community laundry facilities, and playgrounds.
1.6
There are no supportive services scheduled to be offered onsite.
2.0
Subrecipient contributions:
2.1
The city will contribute a combined $500,000 from its annual Community
Development Block Grant and Home Investment Partnerships Program funding
for acquisition.
City of Glendale
Page 29 of 35
2.2
Development Fee Waiver: The City recently instituted a development fee waiver
program to promote construction of new affordable units. The value of the fee
waiver for this project is estimated at $246,969.
3.0
Project Eligibility:
3.1
Property Standards - Housing that is constructed or rehabilitated with ARPA
funds must meet all applicable local codes, rehabilitation and construction
standards, ordinances, and zoning ordinances, including Section 504 of the
Rehabilitation Act of 1973 and Fair Housing Act, as amended, at the time of
project completion. All work shall meet decent, safe, and sanitary housing
standards consistent with HOME regulations including HUD Housing Quality
Standards and Maricopa County Housing Rehabilitation Standards. These
standards are available on the Maricopa County website under Housing &
Community Development or upon request.
3.2
Occupancy Requirements – the Developer shall determine and verify income
eligibility of tenants who will occupy ARPA-assisted units prior to occupancy of a
unit as well as annually during the 20-year Period of Affordability. All households
will have incomes at 60% AMI below, adjusted for household size. Initial and
ongoing household income eligibility will be determined according to the
provisions of 24 CFR 92.203.
3.3
Rental Requirements - The ARPA-assisted units shall be designated as Low
HOME units, including utility allowances. Tenant selection and lease protections
will conform with provisions in 24 CFR 92.253.
3.4
Affordability Period – under 24 CFR 92.252, new construction of rental units
requires a 20-year period of affordability. This period will be secured and
enforced through a Deed of Trust, Promissory Note and Covenants, Conditions
and Restrictions (CC&Rs) that will be recorded at the Maricopa County
Recorder’s Office. The units will continue to be affordable for an additional 15
years beyond the HOME affordability period to comply with LIHTC requirements.
3.5
Program Income – The Project is not expected to generate program income at
any point. However, any program income generated through completion of this
activity will be recoverable by Maricopa County to reallocate to one or more
future affordable housing projects. ARPA funds will be provided as a 20-year,
deferred loan with a zero percent interest rate. Terms of all ARPA assistance to
Developers will be according to the financing needs of other funders, the results
of final underwriting, and ARPA requirements. The City of Glendale shall request
Maricopa County’s administrative review and approval of the Developer
Agreement prior to execution. Maricopa County shall provide administrative
review and approval within three (3) business days.
3.6
Housing and Resource Communications –
3.6.1 The city shall require any subrecipient to notify designated contacts for both
the city and MCHSD at least ten (10) business days in advance of initial
lease up or waitlist opening announcing the acceptance of new applications
for housing to allow each agency to communicate the opportunity to their
respective clients, partners, and residents.
City of Glendale
Page 30 of 35
3.6.2 The city shall require any subrecipient to allow the placement of collateral
material in leasing offices for the purpose of marketing programs or
services which residents may benefit from.
4.0
Deliverables:
Beneficiaries
ARPA Assisted
Non-ARPA
Assisted
Total Assisted
Number of households (units)
13
371
384
Number of people served
annually (approximate)
35
553
588
5.0
Budget:
Fund Sources
Sources
Total
Maricopa County – ARPA
$2,861,000
Total:
$2,861,000
Uses
ARPA Funds
Acquisition Costs
Land
$2,861,000
TOTALS
$2,861,000
6.0
Proposed Project Schedule:
Project Milestone
Estimated
Completion
Date
Comments
Site Acquisition
7/31/2023
Site Acquisition at Financial Closing
Construction Loan (Closing Date)
7/31/2023
Partnership Closing (Closing Date)
7/31/2023
Permanent Loan Commitment
4/30/2023
Permanent Loan Closing
7/31/2023
Other Funds Firm Commitment
4/30/2023
Other Funds Firm Commitment
4/30/2023
Environmental Review Completion
3/31/2023
Authority to Use Grant Funds
4/24/2023
Zoning Entitlements
12/8/2022
Plans Submitted to the
Municipality
3/15/2023
Civil Permits Issued
6/15/2023
Building Permits Issued
6/15/2023
Contractors Notice to Proceed
Issued
7/31/2023
Construction Mobilization
8/7/2023
25% Completion
3/7/2024
50% Completion
10/7/2024
City of Glendale
Page 31 of 35
75% Completion
5/7/2025
Certificate of Occupancy
12/7/2025
ARPA-Assisted Units Occupied
3/28/2026
Pre-Leasing Begins in May 2025
100% Occupancy
3/28/2026
Pre-Leasing Begins in May 2025
City of Glendale
Page 32 of 35
EXHIBIT D - STATEMENT OF WORK
Juniper Square (Project)
1.0
Project Description:
1.1
The City of Glendale is responsible for partially funding the development of the
Juniper Square (Project) via a Developer Agreement with Dominium (Developer).
Juniper Square is a Section 42 (LIHTC) multifamily rental development community
that will feature a total of 221 apartment units for seniors – 66 of which will be 1-
bedroom units, 131 of which will be 2-bedroom units, and 24 of which will be 3-
bedroom units. The undeveloped 8-acre site is located on the Northwest corner of
N 67th Ave and W Maryland Ave. Outdoor amenity space will be prominently
featured, with a pool, and courtyards located throughout the property. The
courtyards will host a gazebo and fire pits with ample seating area. Other amenities
include a club room, a fitness center, a yoga room, community laundry, a salon, a
card and craft room, and a theatre.
1.2
Project financing will consist of tax-exempt bonds issued by AZIDA, a tax-exempt
construction loan and a taxable equity bridge loan, a permanent mortgage, and tax
credit equity from the sale of LIHTCs. Additionally, the partnership with Langston
Hughes Affordable Housing Inc., will provide a real estate tax exemption.
Developer will defer a large portion of its developer fee to ensure completion of
this development.
1.3
The Project is using $1,000,000 in ARPA funding to fill in the financing gap caused
by increased construction pricing and interest rate increases. The Project’s total
development cost is $91,395,773. The ARPA funding will be used to pay for
architecture and engineering costs and a portion of the acquisition of the land.
1.4
The Project will use $1,000,000 in Maricopa County ARPA funding to pay for
construction cost overages caused by the effects of COVID pandemic on global
supply chains and material costs. The total development budget estimated to date
is $91,395,773.
1.5
The ARPA funding will defer to the HOME regulations under 24 CFR 92.252, which
state that new construction of rental units requires a 20-year period of affordability.
This period will be secured and enforced through a Deed of Trust, Promissory Note
and Covenants, Conditions and Restrictions (CC&Rs) between the City of
Glendale and the Developer, that will be recorded at the Maricopa County
Recorder’s Office at close of escrow. All project units will be leased to households
at or below 60% AMI, including the anticipated four (4) units that will be designated
as ARPA-assisted. LIHTC requirements will extend the period of affordability an
additional 10 years through a land use restrictive covenant (LURA).
1.6
The Project includes acquisition and construction of 80 new affordable units
ranging size from 1-3 bedrooms in four (4) two-story buildings and one (1) single-
story community center. Amenities on site will include a pool, courtyards with
gazebos and fire pits, a club room, fitness center, yoga room, community laundry
facility, salon, arts and crafts room, and a theatre.
1.7
There are no supportive services scheduled to be offered onsite.
City of Glendale
Page 33 of 35
2.0
Subrecipient contributions:
2.1
The City of Glendale, as Subrecipient, has committed a total of $500,000 from the
following sources:
2.1.1 Home Investment Partnerships (HOME) Program: $264,833
2.1.2 Community Development Block Grant (CDBG): $235,167
2.2
Development Fee Waiver: The City recently instituted a development fee waiver
program to promote construction of new affordable units. The value of the fee
waiver for this project is estimated at $157,490.
3.0
Project Eligibility:
3.1
Property Standards - Housing that is constructed or rehabilitated with ARPA funds
must meet all applicable local codes, rehabilitation and construction standards,
ordinances, and zoning ordinances, including Section 504 of the Rehabilitation Act
of 1973 and Fair Housing Act, as amended, at the time of project completion. All
work shall meet decent, safe, and sanitary housing standards consistent with
HOME regulations including HUD Housing Quality Standards and Maricopa
County Housing Rehabilitation Standards. These standards are available on the
Maricopa County website under Housing & Community Development or upon
request.
3.2
Occupancy Requirements – the Developer shall determine and verify income
eligibility of tenants who will occupy ARPA assisted-units prior to occupancy of a
unit as well as annually during the 20-year Period of Affordability. All households
will have incomes at 60% AMI below, adjusted for household size. Initial and
ongoing household income eligibility will be determined according to the provisions
of 24 CFR 92.203.
3.3
Rental Requirements - The ARPA-assisted units shall be designated as Low
HOME units, including utility allowances. Tenant selection and lease protections
will conform with provisions in 24 CFR 92.253.
3.4
Affordability Period – under 24 CFR 92.252, new construction of rental units
requires a 20-year period of affordability. This period will be secured and enforced
through a Deed of Trust, Promissory Note and Covenants, Conditions and
Restrictions (CC&Rs) that will be recorded at the Maricopa County Recorder’s
Office.
3.5
Program Income – The Project is not expected to generate program income at any
point. However, any program income generated through completion of this activity
will be recoverable by Maricopa County to reallocate to one or more future
affordable housing projects. ARPA funds will be provided as a 20-year, deferred
loan with a zero percent interest rate. Terms of all ARPA assistance to Developers
will be according to the financing needs of other funders, the results of final
underwriting, and ARPA requirements. The City of Glendale shall request
Maricopa County’s administrative review and approval of the Developer
Agreement prior to execution. Maricopa County shall provide administrative
review and approval within three (3) business days.
3.6
Housing and Resource Communications –
3.6.1 The city shall require any subrecipient to notify designated contacts for both
the city and MCHSD at least ten (10) business days in advance of initial
City of Glendale
Page 34 of 35
lease up or waitlist opening announcing the acceptance of new applications
for housing to allow each agency to communicate the opportunity to their
respective clients, partners, and residents.
3.6.2 The city shall require any subrecipient to allow the placement of collateral
material in leasing offices for the purpose of marketing programs or
services which residents may benefit from.
4.0
Deliverables:
Beneficiaries
ARPA Assisted Non-ARPA Assisted s Total Assisted
Number of households (units)
5
216
221
Number of people served annually
(approximate)
15
361
376
5.0
Budget:
Fund Sources
Sources
Total
Maricopa County – ARPA
$1,000,000
Total:
$1,000,000
Uses
ARPA Funds
Acquisition Costs
Land
$1,000,000
TOTALS
$1,000,000
6.0
Proposed Project Schedule:
Project Milestone
Estimated
Completion
Date
Comments
Site Acquisition
7/31/2023
Site Acquisition at Financial Closing
Construction Loan (Closing Date)
7/31/2023
Partnership Closing (Closing Date)
7/31/2023
Permanent Loan Commitment
4/30/2023
Permanent Loan Closing
7/31/2023
Other Funds Firm Commitment
4/30/2023
Other Funds Firm Commitment
4/30/2023
Environmental Review Completion
3/31/2023
Authority to Use Grant Funds
4/24/2023
Zoning Entitlements
12/8/2022
Plans Submitted to the
Municipality
3/24/2023
Civil Permits Issued
6/24/2023
Building Permits Issued
6/24/2023
Contractors Notice to Proceed
Issued
7/31/2023
Construction Mobilization
8/7/2023
City of Glendale
Page 35 of 35
25% Completion
2/7/2024
50% Completion
8/7/2024
75% Completion
2/7/2025
Certificate of Occupancy
8/7/2025
ARPA-Assisted Units Occupied
12/31/2025
Pre-Leasing Begins in May 2025
100% Occupancy
12/31/2025
Pre-Leasing Begins in May 2025