Res 2622 Maricopa County IGA for CDBG Funds for Home Repair or Rehabilitation Services 10 14 25
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RESOLUTION NO. 2622
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF TOLLESON,
ARIZONA, APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE
CITY OF TOLLESON AND MARICOPA COUNTY, ADMINISTERED BY ITS HUMAN
SERVICES
DEPARTMENT,
FOR
THE
OWNER-OCCUPIED
HOUSING
REHABILITATION PROGRAM, AND AUTHORIZING THE MAYOR TO EXECUTE THE
AGREEMENT.
WHEREAS, the City of Tolleson has determined it is in the best interest of its residents to
provide decent housing and a suitable living environment for income-eligible households; and
WHEREAS, Maricopa County, through its Human Services Department, receives
Community Development Block Grant (CDBG) funds from the U.S. Department of Housing and
Urban Development (HUD); and
WHEREAS, the City of Tolleson has been awarded $425,000 in CDBG funds through
Maricopa County to provide rehabilitation services for approximately eight eligible owner-
occupied housing units from November 1, 2025, through November 1, 2027.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
TOLLESON, ARIZONA, as follows:
Section 1. The recitals above are hereby incorporated as if fully set forth herein.
Section 2. The Intergovernmental Agreement between the City of Tolleson and Maricopa
County, administered by its Human Services Department, for the Owner-Occupied Housing
Rehabilitation Program is hereby approved in substantially the form attached hereto as Exhibit A
and incorporated herein by reference.
Section 3. The Mayor, City Manager, City Clerk and City Attorney are hereby authorized
and directed to take all steps necessary to cause the execution and delivery of this
Intergovernmental Agreement and to take all steps necessary to carry out the purpose and intent
of this Resolution.
PASSED AND ADOPTED by the Mayor and Council of the City of Tolleson, Arizona, on this
14th day of October, 2025.
____________________________________
Juan F. Rodriguez, Mayor
ATTEST: ____________________________________
Crystal Zamora, City Clerk
APPROVED AS TO FORM: ____________________________________
Justin Pierce, City Attorney
EXHIBIT A
TO
RESOLUTION NO. 2622
[Intergovernmental Agreement]
See following pages.
City of Tolleson PY25 / FY26 Owner Occupied Housing Rehabilitation IGA Page 1 of 42
INTERGOVERNMENTAL AGREEMENT
FOR SERVICES BETWEEN
MARICOPA COUNTY
ADMINISTERED BY ITS
HUMAN SERVICES DEPARTMENT
AND
THE CITY OF TOLLESON
Contract Number:
Contract Amount: $425,000
Contract Start Date: November 1, 2025
Contract Termination Date: November 1, 2027
ALN Number: 14.218 – Community Development Block Grant
UEI No.: ZCKJW4NFBEE6__
This Intergovernmental Agreement (“Agreement”) is entered into between the City of Tolleson
(“Subrecipient”) and Maricopa County, administered by its Human Services Department,
(“County”). The Subrecipient and County are collectively referred to here as the “Parties” and
individually as a “Party.” The Subrecipient, for and in consideration of the covenants and
conditions set forth in this Agreement, shall provide and perform the services contained in it.
The County is the recipient of funds from the United States Government under Title I of the
Housing and Community Development Act of 1974, as amended (HCD Act), Public Law 93-383.
The Parties wish to enter into this Agreement to complete the services identified in Section 3 Work
Statement of this Agreement.
The parties agree to all rights and obligations of the Parties and shall be governed by the terms
of this Agreement, its exhibits, attachments, and appendices, including any Subcontracts,
Amendments, or Change Orders as set forth in this Agreement and in:
Section 1 – General Provisions
Section 2 – Special Provisions
Section 3 – Work Statement
Section 4 – Compensation
Section 5 – Attachments
The Parties agree to the terms and conditions set forth in this Agreement. The Parties hereby
authorized the undersigned to execute this Agreement on their behalf.
City of Tolleson PY25 / FY26 Owner Occupied Housing Rehabilitation IGA Page 2 of 42
IN WITNESS, the Parties have approved and signed this Agreement:
APPROVED BY:
THE CITY OF TOLLESON
Juan F. Rodriguez, Mayor Date
APPROVED BY:
MARICOPA COUNTY
Thomas Galvin Date
Chairman, Board of Supervisors
Attested to:
Crystal Zamora, City Clerk Date
Attested to:
Juanita Garza Date
Clerk, Board of Supervisors
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 TOLLESON
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:
Deputy County Attorney Date
City of Tolleson PY25 / FY26 Owner Occupied Housing Rehabilitation IGA Page 3 of 42
SECTION 1
GENERAL PROVISIONS
City of Tolleson PY25 / FY26 Owner Occupied Housing Rehabilitation IGA Page 4 of 42
1.0
PURPOSE
The purpose of the Agreement is to support the City of Tolleson’s redevelopment area which
has a predominantly lower-income community and a prevalence of older single-family
homes in substandard condition. The project will support decent housing and a suitable
living environment. The Subrecipient shall provide the services identified in Section 3 (Work
Statement), Paragraph 2.0 (Scope of Work). These activities meet CDBG program’s
National Objectives as defined in 24 CFR § 570.208.
2.0
TERM OF AGREEMENT
This Agreement shall commence and terminate on the dates listed on page 1 of this
Agreement. This Agreement shall become effective upon approval and signature by both
Parties.
3.0
RENEWAL
This Agreement may be renewed by a written amendment provided the Subrecipient is in
full compliance with all terms and conditions of this Agreement. Under A.R.S. § 11-952, no
renewal may exceed the duration of the previous agreement. The County shall notify the
Subrecipient in writing of its intent to extend the Agreement term at least thirty (30) calendar
days prior to the expiration of the original Agreement term, or any additional terms thereafter.
4.0
AMENDMENTS
All Amendments to this Agreement shall be in writing and signed by authorized signers for
both Parties.
5.0
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 review and execute administrative changes to the Agreement on
behalf of the County through Administrative Change Orders. Administrative
Change Orders will be effective upon execution by both the Parties.
Administrative Change Orders shall address any of the following changes:
5.1.1 Modifications to the project timeline if the last day of the project timeline is
within the Agreement term;
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
ACRONYMS AND DEFINITIONS
Acronyms and Definitions found under 2 C.F.R. §§ 200.0 & 200.1 are incorporated by
reference.
7.0
EFFECT
To the extent that the Special Provisions are in conflict with the General Provisions, the
Special Provisions shall control. To the extent that the Work Statement and the Special or
General Provisions are in conflict, the Work Statement shall control. To the extent that the
Compensation Provisions are in conflict with the General Provisions, Special Provisions or
City of Tolleson PY25 / FY26 Owner Occupied Housing Rehabilitation IGA Page 5 of 42
Work Statement, the Compensation Provisions shall control. Nothing in this Agreement shall
operate to increase the Operating Budget without a written amendment to this Agreement.
8.0
TERMINATION
8.1
Under A.R.S. § 38-511, the Parties may cancel this Agreement without penalty or
further obligation within three years after execution of this Agreement, if any person
significantly involved in initiating, negotiating, securing, drafting or creating this
Agreement on behalf of 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.
8.2
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.
8.3
Either Party may terminate this Agreement at any time by giving the other Party at
least sixty (60) calendar days prior notice in writing (unless terminated by the County
under the Availability of Funds provision). The notice shall be given by either
personal delivery or registered or certified mail, postage prepaid and return receipt
requested, to the persons at the addresses set forth on page 1 of this Agreement.
8.4
The County has the right to terminate this Agreement upon twenty-four (24) hour
notice when the County deems the health or welfare of the service recipients are
endangered or the Subrecipient’s noncompliance jeopardizes funding source
financial participation. If not terminated by one of the above methods, then this
Agreement will terminate upon the expiration of the Term of this Agreement stated
on page 1 of this Agreement.
8.5
In accordance with 2 C.F.R. §§ 200.340, et seq., 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.
8.6
The Parties may terminate this Agreement for convenience in accordance with 2
C.F.R. § 200.340. 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.
9.0
DEFINITIONS
As used throughout this Agreement, the following terms shall have the following meanings:
9.1
Administrative Manual means the Community Development Block Grant and
Community Development Advisory Committee Policy Manual, September 20, 2017,
as may be revised, for the administration of CDBG grants.
9.2
Assistance Listing Number (ALN) means the codification of the general and
permanent rules and regulations published in the Federal Register by the executive
departments and agencies of the federal government of the United States.
9.3
Assistant Director means the Director of the Housing and Community
Development Division within the Human Services Department.
9.4
CDAC means the Community Development Advisory Committee, to act in an
advisory capacity on matters concerning the Maricopa County Community
Development Block Grant (CDBG) program, including funding recommendations,
City of Tolleson PY25 / FY26 Owner Occupied Housing Rehabilitation IGA Page 6 of 42
fair housing, and housing affordability issues affecting low/moderate-income
people.
9.5
Department means the Maricopa County Human Services Department.
9.6
Director means the Director of the Maricopa County Human Services Department.
9.7
Division means Housing and Community Development Division of the Human
Services Department.
9.8
Minority Business Enterprise (MBE) means an entity which is majority owned or
controlled by a socially and economically disadvantaged individual as described by
Public Law. 95-507.
9.9
Public Agency has the meaning prescribed by A.R.S. § 11-951.
9.10
Subcontract means any Agreement entered into by a Subrecipient with a third party
for performance of any of the work or provision of any of the services covered by
this Agreement.
9.11
Subcontractor means an entity funded through the Subrecipient to provide services
required by the Work Statement.
9.12
Subrecipient means a public or private nonprofit agency, authority or organization,
or an entity described in 24 C.F.R. § 570.204 (c), to which a subaward is made and
which is accountable to the recipient for the use of the funds provided.
9.13
Unique Entity identifier (UEI) is the primary means of entity identification for
Federal awards government-wide.
9.14
Women’s Business Enterprise (WBE) means an entity in which a woman has
majority ownership and control.
10.0
GENERAL REQUIREMENTS
10.1
The terms of this Agreement shall be construed in accordance with Arizona law and
applicable Federal laws and regulations of the United States Department of Housing
and Urban Development (HUD). Any lawsuit arising out of this Agreement shall be
brought in the appropriate court in Maricopa County, Arizona.
10.2
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.
10.3
The Subrecipient is an independent contractor in the performance of work and the
provision of services under this Agreement and is not to be considered an officer,
employee or agent of the County.
10.4
The Subrecipient shall comply with the regulations prohibiting a conflict of interest.
The Subrecipient shall not make any payments, either directly or indirectly, to any
person, partnership, corporation, trust, or other organization that has a substantial
interest in the Subrecipient's organization or with which the Subrecipient (or one of
its directors, officers, owners, trust certificate holders, or relatives) has a substantial
interest, unless the Subrecipient has made full written disclosure of the proposed
payments to the County and has received written approval, therefore.
10.5
For purposes of this provision, the terms "substantial interest" and "relative" shall
have the meanings prescribed by A.R.S. § 38-502.
11.0
ASSIGNMENT AND SUBCONTRACTING
11.1
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.
City of Tolleson PY25 / FY26 Owner Occupied Housing Rehabilitation IGA Page 7 of 42
11.2
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 or a Subcontractor.
11.3
The Subcontractor’s rate for the job shall not exceed that of the Subrecipient’s rate,
as bid in the pricing section, unless the Subrecipient is willing to absorb any higher
rates, or the County has approved the increase. The Subcontractor’s invoice shall
be invoiced directly to the Subrecipient, who in turn shall pass through the costs to
the County, without mark-up. A copy of the Subcontractor’s invoice must
accompany the Subrecipient’s invoice.
11.4
Subrecipient must ensure any Subaward recipient or subcontractor is compliant
with all general federal grant requirements, including reporting requirements.
12.0
AVAILABILITY OF FUNDS
12.1
The provisions of this Agreement relating to the payment for services shall become
effective when funds assigned for the purpose of compensating the Subrecipient, as
provided in this Agreement, actually are available to the County for disbursement.
The County shall be the sole authority in determining the availability of funds under
this Agreement and the County shall keep the Subrecipient fully informed as to the
availability of funds.
12.2
If any action is taken by any federal, state, local agency, or any other agency or
instrumentality to suspend, decrease, or terminate its fiscal obligation under, or in
connection with, this Agreement, then the Parties may amend, suspend, decrease,
or terminate their obligations under, or in connection with, this Agreement. In the
event of termination, the Parties shall be liable for payment only for services
rendered prior to the effective date of the termination, provided that such services
performed are in accordance with the provisions of this Agreement. The Parties shall
give written notice of the effective date of any suspension, amendment, or
termination under this section at least ten (10) calendar days in advance.
13.0
BUDGET ADJUSTMENTS
13.1
Any requests for reasonable budget adjustments shall be submitted ninety (90)
calendar days prior to the Termination Date of this Agreement. Requests for financial
adjustments to this Agreement shall be supported by appropriate documentation. If
the County agrees to the budget adjustments, the County shall follow Paragraph 4.0
(Amendments) above.
13.2
The Subrecipient must receive prior written approval from the County to move
funds from one budget line item to another. Budget adjustments that do not change
the total Agreement amount may be documented by an Administrative Change
Order reviewed and fully executed by the Chairman of the Board of Supervisors
and the Subrecipient’s authorized Representative as defined in Section 1 (General
Provisions), Paragraph 5.0 (Administrative Change Orders). If a budget
adjustment is necessary that either increases or decreases the Agreement
amount, then the County shall follow Section 1 (General Provisions), Paragraph
4.0 (Amendments) of this Agreement to amend the Agreement.
14.0
DISPUTES
14.1
Except as may otherwise be provided for in this Agreement, the Parties may attempt
to informally resolve any dispute arising out of this Agreement for a reasonable
period of time, which shall not exceed one hundred twenty (120) calendar days.
City of Tolleson PY25 / FY26 Owner Occupied Housing Rehabilitation IGA Page 8 of 42
Disputes which are not resolved in that time period shall be submitted in accordance
with the following formal dispute resolution process.
14.2
If a dispute cannot be resolved informally, then the Subrecipient shall notify the
Department in writing by mailing notice of the dispute to the Assistant Director
within ten (10) business days from expiration of the informal dispute resolution
process described in Subparagraph 14.1 above.
14.3
The Assistant Director shall respond in writing to the Subrecipient within fourteen
(14) business days. The decision of the Assistant Director shall be final and
conclusive unless, within seven (7) business days after the date the Subrecipient is
served with the decision, the Subrecipient files a written notice of appeal with the
Human Services Department Director.
14.4
The Human Services Department Director shall provide the Subrecipient with a
written response within fourteen (14) business days following receipt of the notice of
appeal. The decision of the Director shall be final and not appealable.
14.5
Pending a final decision of the Director, the Subrecipient shall diligently proceed with
its performance of this Agreement in accordance with the Assistant Director’s
decision.
15.0
SEVERABILITY
Any provision of this Agreement that is determined to be invalid, void, or illegal by a court
shall in no way affect, impair, or invalidate any other provision of this Agreement, and the
remaining provisions shall remain in full force and effect.
16.0
STRICT COMPLIANCE
The County’s acceptance of the Subrecipient’s performance that is not in strict compliance
with the terms of this Agreement shall not be deemed to waive the requirements of strict
compliance for all future performance. All changes in performance obligations under this
Agreement shall be in writing and signed by both Parties.
17.0
SINGLE AUDIT ACT REQUIREMENTS
The Subrecipient is in receipt of federal funds through the County and is subject to the
federal audit requirements of the Single Audit Act of 1984, as amended (Pub. L. No. 98-502)
(codified at 31 U.S.C. § 7501, et seq.). The Subrecipient shall comply with 2 C.F.R. § 200,
Subpart F. Upon completion, such audits shall be made available for public inspection.
Audits shall be submitted to the County within the twelve (12) months following the close of
the fiscal year. The Subrecipient shall take corrective actions within six (6) months of the
date of receipt of audit findings. The County shall consider sanctions as described in 2
C.F.R. § 200.505 if it is determined by HUD or the County that the Subrecipient is not in -
compliance with the audit requirements.
18.0
AUDIT DISALLOWANCES
18.1
The Subrecipient shall, upon written notice, reimburse the County for any payments
made under this Agreement that are disallowed by a federal, state, or County audit
in the amount of the disallowance. Court costs and attorney and expert fees incurred
will be specifically identified as applicable to the recovery of the disallowed costs in
question.
18.2
If the County determines that a cost for which payment has been made is a
disallowed cost, then the County will notify the Subrecipient in writing of the
disallowance and the required course of action, which shall be at the option of the
County, either to adjust any future claim submitted by the Subrecipient by the
City of Tolleson PY25 / FY26 Owner Occupied Housing Rehabilitation IGA Page 9 of 42
amount of the disallowance or to require immediate repayment of the disallowed
amount by the Subrecipient issuing a check payable to the County.
19.0
SUSPENSION OF WORK
The County may order the Subrecipient, in writing, to suspend, delay, or interrupt all or
any part of the work of this Agreement for the period of time that the County determines
appropriate for the convenience of the County. No adjustment shall be made under this
clause for any suspension, delay, or interruption to the extent that performance would
have been so suspended, delayed, or interrupted by any other cause, including the fault
or negligence of the Subrecipient. No request for adjustment under this clause shall be
granted unless the claim, in an amount stated, is asserted in writing as soon as practicable
after the termination of the suspension, delay, or interruption, but not later than the date
of final payment under the Agreement.
20.0
STOP WORK ORDER
20.1
The County, at any time, by written order to the Subrecipient, require the
Subrecipient to stop all, or any part, of the work called for by this Agreement for a
period of 90 calendar days after the order is delivered to the Subrecipient, and for
any further period to which the parties may agree. The order shall be specifically
identified as a stop work order issued under this clause. Upon receipt of the order,
the Subrecipient shall immediately comply with its terms and take all reasonable
steps to minimize the incurrence of costs allocable to the work covered by the order
during the period of work stoppage. Within a period of 90 calendar days after a
stop work order is delivered to the Subrecipient, or within any extension of that
period to which the Parties shall have agreed, the County shall either:
20.1.1 cancel the stop work order; or
20.1.2 terminate the work covered by the order as provided in the Termination
for Default or the Termination for Convenience clause of this Agreement.
20.2
The County may make an equitable adjustment in the delivery schedule and/or
agreement price, and the agreement shall be modified, in writing, accordingly, if
the Subrecipient demonstrates that the stop work order resulted in an increase in
costs to the Subrecipient.
21.0
DEFAULT AND REMEDIES FOR NONCOMPLIANCE
21.1
Notwithstanding anything to the contrary, this Section shall not be deleted or
superseded by any other provision of this Agreement.
21.2
This Agreement may be immediately terminated by the County if the Subrecipient
defaults by failing to perform any objective or breaches any obligation under this
Agreement, or any event occurs that jeopardizes the Subrecipient’s ability to
perform any of its obligations under this Agreement. The County reserves the right
to have service provided by persons other than the Subrecipient if the Subrecipient
is unable or fails to provide required services within the specified time frame in the
work statement.
21.3
Failure to comply with the requirements of this Agreement and all the applicable
federal, state, or local laws, rules, and regulations may result in suspension or
termination of this Agreement, the return of unexpended funds (less just
compensation for work satisfactorily completed that, to date, has not been paid),
the reimbursement of funds improperly expended, or the recovery of funds
improperly acquired. Noncompliance includes, but is not limited to:
21.3.1 Non-performance of any obligations required by this Agreement.
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21.3.2 Noncompliance with any applicable federal, state, or local laws, rules or
regulations, including HUD guidelines, policies, or directives.
21.3.3 Unauthorized expenditure of funds.
21.3.4 Improper disposition of program income.
21.3.5 Noncompliance with applicable financial record requirements, accounting
principles, or standards established by OMB Uniform Guidance 2 C.F.R. §
200.
21.3.6 Noncompliance with recordkeeping, record retention, or reporting
requirements.
21.4
Notwithstanding the suspension or termination of this Agreement, or the final
determination of the proper disposition of funds, the Subrecipient shall, without
intent to limit or with restrictions, be subject to the following:
21.4.1 All awards of funding shall be immediately revoked, and any approvals
related to the project described in the Special Provision or Work Statement
shall be deemed revoked and canceled. Thereby, any entitlements to
compensation after suspension or termination of this Agreement are
similarly revoked and unavailable.
21.4.2 Not be relieved of any liability or responsibility associated with the Special
Provision or Work Statement.
21.4.3 Acknowledge that suspension or termination of this Agreement does not
affect or terminate any rights against the Subrecipient at the time of
suspension or termination, or that may accrue later. Nothing herein shall
be construed to limit or terminate any right or remedy available under
Agreement or rule.
21.4.4 Waiver of a breach or default of any term, covenant, or condition of this
Agreement or any federal, state, or local law, rule, or regulation shall not
operate as a waiver of any subsequent breach of the same or any other
term, covenant, condition, law, rule, or regulation.
21.4.5 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 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.
22.0
COMPETITIVE BID REQUIREMENTS
22.1
If the Subrecipient is authorized to purchase supplies and equipment itemized in
the Agreement for utilization in the delivery of contract services, Subrecipient shall
procure all such supplies and equipment at the lowest practicable cost and shall
purchase all non-expendable items having a useful life of more than one (1) year
and an acquisition cost of $1,000 or more, through generally accepted and
reasonable competitive bidding processes in compliance with 2 C.F.R. § 200
subpart D §§ 200.318 Procurement Standards. Any procurement in violation of this
provision shall be considered a financial audit exception.
22.2
Subrecipient’s own bidding procedures shall govern, as long as the procurement
practices comport with federal law.
22.3
The Subrecipient shall maintain an accessible written procurement manual.
City of Tolleson PY25 / FY26 Owner Occupied Housing Rehabilitation IGA Page 11 of 42
22.4
Funding source requirements relating to competitive bid procedures may
supersede any or all subparts of this clause and will be specified in the Special
Provisions Section of this Agreement.
23.0
PROPERTY
The use and disposition of real property and equipment under this Agreement shall be in
compliance with the requirements of 2 CFR 200 and 24 CFR 570.502, 570.503, and
570.504, as applicable, which include but are not limited to the following:
23.1
Any County property furnished or purchased pursuant to the terms of this Agreement
shall be utilized, maintained, repaired, and accounted for in accordance with
instructions furnished by the County, and title to all such property shall revert to the
County upon the expiration or termination of this Agreement. The costs to repair
such property are the responsibility of the Subrecipient within the limits budgeted in
this Agreement.
23.2
Any Subrecipient property furnished or purchased pursuant to the terms of the
Agreement shall be utilized, maintained, repaired, and accounted for by the
Subrecipient. Repair costs of such property shall be the responsibility of the
Subrecipient.
23.3
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.
24.0
NON-LIABILITY
The County and its agents, representatives, officials, officers, directors, employees,
volunteers, departments, agencies, boards, 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,
agencies,
boards,
commissions,
or
Subcontractors occurring in the performance of this Agreement, nor shall the County and
its agents, representatives, officials, officers, directors, employees, volunteers,
departments, agencies, boards, and commissions be liable for purchases, Subcontract, or
agreements made by the Subrecipient or any and all of its agents, representatives, officials,
officers,
directors,
employees,
volunteers,
agencies,
boards,
commissions,
or
subcontractors in connection with this Agreement.
25.0
RECIPROCAL INDEMNIFICATION
25.1
Each Party (as “Indemnitor”) agrees to indemnify, defend, and hold harmless the
other Party (as “Indemnitee”) from and against all claims, losses, liability, costs, or
expenses (including reasonable attorneys’ fees, expert witnesses’ fees and other
litigation costs) (hereinafter collectively referred to as “Claims”) arising out of bodily
injury (including death) of any person or property damage, but only to the extent that
such claims, which result in vicarious liability to the Indemnitee, are caused by the
act, omission, negligence, misconduct, or other fault of the Indemnitor, its officers,
officials, agents, employees, or volunteers.
25.2
Subrecipient shall add an indemnity clause to all agreements with contractors
receiving funds from this agreement requiring that contractor indemnity, defend and
hold the County harmless 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 the contract, but
only to the extent such claims are caused by the act, omission, negligence,
City of Tolleson PY25 / FY26 Owner Occupied Housing Rehabilitation IGA Page 12 of 42
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.
26.0
INSURANCE
26.1
The Subrecipient as a public entity is exempt from the Insurance requirements but
shall provide a Certificate of Insurance.
26.1.1 The Subrecipient shall ensure the Insurance thresholds are met:
26.1.1.1
Commercial Umbrella a limit of no less than $2,000,000 for each
occurrence;
26.1.1.2
General Aggregate Limit $4,000,000; and
26.1.1.3
Workers’ Compensation a limit of no less than $1,000,000 for
each accident
26.2
Subcontractors: The Subrecipient’s certificate(s) shall include all Subcontractors
as insureds under its policies, or the Subrecipient shall furnish to the County
separate certificates for each Subcontractor. All coverages for Subcontractors
shall be subject to the minimum requirements identified above.
26.3
Approval: Any modification or variation of the insurance requirements in any
agreement must have prior approval from the County whose decision shall be final.
Such action will not require a formal amendment.
27.0
OFFSHORE PERFORMANCE OF WORK PROHIBITED
Due to security and identity protection concerns, direct services under this Agreement shall
be performed within the borders of the United States. Any services that are described in
the specifications or scope of work that directly serve the State of Arizona or its clients and
may involve access to secure or sensitive data or personal client data or development or
modification of software for the State shall be performed within the borders of the United
States. Unless specifically stated otherwise in the specifications, this definition does not
apply to indirect or “overhead” services, redundant back-up services or services that are
incidental to the performance of this Agreement. The provision applies to work performed
by Subcontractors at all tiers.
28.0
IT 508 COMPLIANCE
Unless specifically authorized in the Agreement, any electronic or information technology
offered to the County under this Agreement shall comply with A.R.S.§ 41-3531 and § 41-
3532 as may be amended, and Section 508 of the Rehabilitation Act of 1973, which
requires the employees and members of the public shall have access to use of
information technology that is comparable to the access and use by employees and
members of the public who are not individuals with disabilities.
29.0
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.
30.0
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.
City of Tolleson PY25 / FY26 Owner Occupied Housing Rehabilitation IGA Page 13 of 42
31.0
CLEAN AIR ACT
If the total face value of this Agreement exceeds $100,000, the Subrecipient agrees to
comply with all regulations, standards and orders issued pursuant to the Clean Air Act of
1970, as amended (42 U.S.C. §§ 7401, et seq.), to the extent any are applicable by reason
of performance of this Agreement.
32.0
LOBBYING
32.1
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.
32.2
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.
33.0
RELIGIOUS ACTIVITIES
The Subrecipient agrees that none of its costs and none of the costs incurred by the
Subrecipient or any of its Subcontractors will include any expense for inherently religious
activities in accordance with 24 CFR 570.200(j).
34.0
POLITICAL ACTIVITY PROHIBITED
None of the funds, materials, property or services contributed by the County or the
Subrecipient or any Subcontractor under this Agreement shall be used for any partisan
political activity, or to further the election or defeat of any candidate for public office.
35.0
COVENANT AGAINST CONTINGENT FEES
The Subrecipient warrants that no person or entity has been employed or retained to solicit
or secure this Agreement upon an agreement or understanding for a commission,
percentage, brokerage or contingent fee. For breach or violation of this warranty, the County
may immediately terminate this Agreement without liability.
36.0
CONFIDENTIAL INFORMATION
36.1
Any information obtained in the course of performing this Agreement may include
information that is proprietary or confidential to the County. This provision
establishes the Subrecipient’s obligation regarding such information.
36.2
The Subrecipient shall establish and maintain procedures and controls that are
adequate to assure that no information contained in its records and/or obtained from
the County or from others in carrying out its functions (services) under the
Agreement shall be used by or disclosed by it, its agents, officers, or employees,
except as required to efficiently perform duties under the Agreement, or as required
by the Arizona Public Records Act. The Subrecipient’s procedures and controls at a
minimum must be the same procedures and controls it uses to protect its own
City of Tolleson PY25 / FY26 Owner Occupied Housing Rehabilitation IGA Page 14 of 42
proprietary or confidential information. If, at any time during the duration of the
Agreement, the County determines that the procedures and controls in place are not
adequate, the Subrecipient shall institute any new and/or additional measures
requested by the County within fifteen (15) calendar days of the written request to
do so.
36.3
Any requests to the Subrecipient for County proprietary or confidential information
shall be referred to the County for review and approval, prior to any dissemination.
37.0
SAFEGUARDING OF PARTICIPANT INFORMATION
37.1
The Subrecipient shall observe and abide by all applicable State of Arizona and
federal statues, rules, and regulations regarding the use or disclosure of information
including, but not limited to, information concerning applicants for and recipients of
contracted services. To the extent permitted by law, the Subrecipient shall release
information to the County, Department, Attorney General’s Office, or other
designated agency as required by the County by the terms of this Agreement or by
law.
37.2
The Subrecipient shall comply with the requirements of the Arizona Address
Confidentiality Program, A.R.S. §§ 41-161, et seq. The Department will advise the
Subrecipient as to applicable policies and procedures adopted for such compliance.
37.3
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 Subrecipient's responsibilities with
respect to services provided under this Agreement, is prohibited unless written
consent is obtained from such person receiving service.
38.0
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 such available
information that is relevant to this Agreement and to the performance under it, except to the
extent prohibited by law.
39.0
COPYRIGHTS
If this Agreement results in a book or other written material, then the author is free to
copyright the work, but the County reserves a royalty-free, nonexclusive, perpetual and
irrevocable license to reproduce, publish, or otherwise use and to authorize other to use, all
copyrighted material and all material which can be copyrighted resulting from this
Agreement.
40.0
PATENTS
Any discovery or invention arising out of, or developed in the course of, work aided by this
Agreement shall be promptly and fully reported to the County for determination as to whether
patent protection on such invention or discovery shall be sought and how the rights in the
invention or discovery, including rights under any patent issued on such invention or
discovery, shall be disposed of and administered in order to protect the public interest.
41.0
AGREEMENT COMPLIANCE MONITORING/AUDITING
41.1
The County will monitor the Subrecipient's compliance with, and performance under,
the terms and conditions of this Agreement and the applicable federal regulations
promulgated by HUD and Maricopa County. On-site visits for compliance monitoring
may be made by the County and its grantor agencies (or both the County and its
City of Tolleson PY25 / FY26 Owner Occupied Housing Rehabilitation IGA Page 15 of 42
grantor agencies) at any time during the Subrecipient's normal business hours,
announced 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, the Subrecipient shall make all of its records and accounts related to
work performed or services provided under this Agreement available to the County
for inspection and copying.
41.2
The County shall request information for fiscal monitoring/audit per Office of
Management and Budget (OMB) Uniform Guidance 2 C.F.R. § 200, to include:
41.2.1 Financial Management 2 C.F.R. § 200.302
41.2.2 Internal Controls 2 C.F.R. § 200.303
41.2.3 Bonds 2 C.F.R. § 200.304
41.2.4 Payment and Financial Reporting 2 C.F.R. § 200.305
41.2.5 Cost Sharing or Matching 2 C.F.R. § 200.306
41.2.6 Program Income 2 C.F.R. § 200.307
41.2.7 Revision of Budget and Program Plans 2 C.F.R. § 200.308
41.2.8 Period of Performance 2 C.F.R. § 200.309
41.2.9 Insurance Coverage 2 C.F.R. § 200.310
41.2.10
Record Retention and Access 2 C.F.R. §§ 200.334 – 200.338
41.2.11
Procurement Standards 2 C.F.R. § 200.318
41.2.12
Indirect Costs 2 C.F.R. § 200.414
41.2.13
Compensation-Personal Services 2 C.F.R. § 200.430
41.2.14
Audit Requirements 2 C.F.R. §§ 200.501-200.517
42.0
CONTINGENCY RELATING TO OTHER AGREEMENTS AND GRANTS
42.1
The Subrecipient shall, during the term of this Agreement, immediately inform the
Department in writing of the award of any other agreement or grant, including any
other agreement or grant awarded by the County, where the award may affect either
the direct or indirect costs being paid or reimbursed under this Agreement. Failure
by the Subrecipient to notify the Department of such award shall be considered a
violation of this Agreement and the County may immediately terminate this
Agreement without liability.
42.2
The Department may request, and the Subrecipient shall provide within a
reasonable time, which shall not exceed ten (10) business days, a copy of such other
agreement or grant, when in the opinion of the Department the award of the
agreement or grant may affect the costs being paid or reimbursed under this
Agreement.
42.3
If the Department determines that the award to the Subrecipient of such other
agreement or grant has affected the costs being paid or reimbursed under this
Agreement, then the Department will 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" section
contained in this Agreement.
43.0
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.
City of Tolleson PY25 / FY26 Owner Occupied Housing Rehabilitation IGA Page 16 of 42
44.0
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.
45.0
GRIEVANCE PROCEDURE
The Subrecipient shall establish a system through which applicants for, and recipients of,
services may present grievances and may make appeals about eligibility and other aspects
of the Subrecipient’s work under this Agreement. The grievance procedure shall include
provisions for notifying the applicants for, and recipients of, services of their eligibility or
ineligibility for service and their right to appeal to the County if the grievance is not satisfied
at the Subrecipient’s level. This system shall include protest procedures for decisions related
to contract awards and requests for reasonable accommodation for persons with disabilities.
46.0
NONDISCRIMINATION, EQUAL OPPORTUNITY AND EQUAL ACCESS
46.1
Subrecipient agrees to comply with all provisions and requirements of Arizona
Executive Order 2009-09 including flow down of all provisions and requirements to
any subcontractors. Executive Order 2009-09 supersedes Executive order 99-4 and
amends Executive order 75-5 and may be viewed and downloaded at the Arizona
State Library Research website:
(http://azmemory.azlibrary.gov/cdm/singleitem/collection/execorders/id/680/rec/1)
which is hereby incorporated into this Agreement as if set forth in full herein. In
connection with any service or other activity under this Agreement, Subrecipient
shall not discriminate against any employee, client, or any other individual in any
way because of that person’s age, race, creed, color, religion, sex, disability, or
national origin.
46.2
The Subrecipient, in connection with any service or other activity under this
Agreement, shall not in any way, discriminate against any person on the grounds of
race, color, religion, sex, national origin, age, disability, political affiliation or belief.
The Subrecipient shall include this clause in all of its Subcontracts. Refer to
Paragraph 21.0, (Default and Remedies for Noncompliance).
47.0
EQUAL EMPLOYMENT OPPORTUNITY
47.1
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.
47.2
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.
47.3
The Subrecipient will, in all solicitations or advertisements for employees placed by
or on behalf of the Subrecipient, state that it is an Equal Opportunity or Affirmative
Action employer.
47.4
The Subrecipient will post on public display for all employees that it is an Equal
Opportunity or Affirmative Action employer.
47.5
The Subrecipient shall and shall cause its Subcontractors to comply with:
47.5.1 Title VI and VII of the Civil Rights Act of 1964, as amended (42 U.S.C. §§
2000a, et seq.);
City of Tolleson PY25 / FY26 Owner Occupied Housing Rehabilitation IGA Page 17 of 42
47.5.2 the Rehabilitation Act of 1973, as amended (29 U.S.C. §§ 701, et seq.);
47.5.3 the Age Discrimination in Employment Act of 1967, as amended (29 U.S.C.
§§ 621, et seq.);
47.5.4 the Americans With Disabilities Act of 1990 (42 U.S.C. §§ 12101, et seq.);
and
47.5.5 Arizona Executive Order 2009-09, as amended, et seq. which mandates that
all persons shall have equal access to employment opportunities.
47.6
The Subrecipient shall include the above-listed provisions in every subcontract or
purchase order, specifically or by reference. The inclusion of these provisions are
binding and a requirement of this Agreement.
48.0
DISABILITY REQUIREMENTS
The Subrecipient agrees that any electronic or information technology offered under this
Agreement shall comply with A.R.S. §§41-2531 and 41-2532 and Section 508 of the
Rehabilitation Act of 1973, which requires that employees and members of the public shall
have access to and use of information technology that is comparable to the access and
use by employees and members of the public who are not individuals with disabilities.
49.0
UNIFORM ADMINISTRATIVE REQUIREMENTS
By entering into this Agreement, the Subrecipient agrees to comply with all applicable
provisions of Title 2, Subtitle A, Chapter II, Part 200—UNIFORM ADMINISTRATIVE
REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL
AWARDS contained in Title 2 C.F.R. § 200, et seq.
50.0
FINANCIAL MANAGEMENT
50.1
The Subrecipient agrees to maintain an adequate accounting system that provides
for appropriate grant accounting (including calculation of program income).
50.2
The Subrecipient shall comply with 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.
50.3
The Subrecipient shall establish and maintain a separate, interest-bearing bank
account for money provided under this Agreement, or an accounting system that
assures the safeguarding and accountability of all money and assets provided under
this Agreement. No part of the money deposited in the bank account shall be
commingled with other funds or money belonging to the Subrecipient. All interest
earned on the account shall be disposed of in a manner specified by the County in
accordance with applicable state and federal regulations.
50.4
The Subrecipient shall provide a signed bank account agreement authorizing the
County to obtain information about the account. If an accounting system is used,
then it shall be in accord with generally accepted accounting principles.
51.0
RETENTION OF RECORDS
51.1
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.
51.2
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 Tolleson PY25 / FY26 Owner Occupied Housing Rehabilitation IGA Page 18 of 42
52.0
ADEQUACY OF RECORDS
If the Subrecipient’s books, records and other documents related to this Agreement are not
sufficient to support and document that allowable services were provided to eligible
participants, then the Subrecipient shall reimburse the County for the services not supported
and documented.
53.0
VERIFICATION REGARDING COMPLIANCE WITH A.R.S. §41-4401 AND FEDERAL
IMMIGRATION LAWS AND REGULATIONS
53.1
By entering into the Agreement, the Subrecipient warrants compliance with the
Federal Immigration and Nationality Act (FINA using E-verify) and all other Federal
immigration laws and regulations related to the immigration status of its employees
and A.R.S. §23-214(A). The Subrecipient shall obtain statements from its
subcontractors certifying compliance and shall furnish the statements to Maricopa
County upon request. These warranties shall remain in effect through the term of
the Agreement. The Subrecipient and its subcontractors shall also maintain
Employment Eligibility Verification forms (I-9) as required by the Immigration Reform
and Control Act of 1986, as amended from time to time, for all employees performing
work under the Agreement and verify employee compliance using the E-verify
system and shall keep a record of the verification for the duration of the employee’s
employment or at least three (3) years, whichever is longer. I-9 forms are available
for download at USCIS.GOV.
53.2
The County retains the legal right to inspect Subrecipient and subcontractor
employee documents performing work under this Agreement to verify compliance
with paragraph 53.1 of this Section. Subrecipient and subcontractor shall be given
reasonable notice of the County’s intent to inspect and shall make the documents
available at the time and date specified. Should the County suspect or find that the
Subrecipient or any of its subcontractors are not in compliance, the County will
consider this a material breach of the Subrecipient and may pursue any and all
remedies allowed by law, including, but not limited to; suspension of work,
termination of the Agreement for default, and suspension and/or debarment of the
Subrecipient. All costs necessary to verify compliance are the responsibility of the
Subrecipient.
54.0
DRUG FREE WORKPLACE ACT
The Subrecipient agrees to comply with the Drug-Free Workplace Act of 1988 (41 U.S.C.
§§ 701, et seq.), which requires that subrecipients and grantees of federal funds must certify
that they will provide drug-free workplaces. This certification is a precondition to receiving a
grant or entering into this Agreement.
55.0
EMPLOYMENT DISCLAIMER
55.1
This Agreement is not intended to constitute, create, give rise to, or otherwise
recognize a joint venture agreement, partnership, or other formal business
association or organization of any kind between the Parties, and the rights and
obligations of the Parties shall be only those expressly set forth in this Agreement.
55.2
The Parties agree that no individual performing under this Agreement on behalf of
the Subrecipient is to be considered a County employee, and that no rights of County
civil service, County retirement, or County personnel rules shall accrue to such
individual. The Subrecipient shall have total responsibility for all salaries, wages,
bonuses, retirement, withholdings, workman's compensation, occupational disease
compensation, unemployment compensation, other employee benefits, and all taxes
City of Tolleson PY25 / FY26 Owner Occupied Housing Rehabilitation IGA Page 19 of 42
and premiums appurtenant thereto concerning such individuals and shall save and
hold the County harmless with respect thereto.
55.3
The County agrees that no individual performing under this Agreement on behalf of
County may be considered a Subrecipient agent, employee, or representative and
that no rights of the Subrecipient civil service, the Subrecipient retirement, or the
Subrecipient personnel rules shall accrue to or apply to any such individual. The
County shall have total responsibility for all salaries, wages, bonuses, retirement,
withholdings, workers’ compensation, occupational disease compensation,
unemployment compensation, other employee benefits, and all taxes and premiums
appurtenant thereto concerning such individuals and the County shall indemnify,
defend and hold harmless the Subrecipient with respect thereto.
56.0
CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY AND
VOLUNTARY EXCLUSION
56.1
The Subrecipient, by signing this Agreement, represents that he/she has the
authority to bind the Contractor 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:
56.1.1 Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any federal
department or agency or any state, or local jurisdiction;
56.1.2 Have not within a 3-year period preceding the Start Date of this Agreement,
been convicted of or had a civil judgment rendered against them for (1) the
commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (federal, State, or local)
transaction or contract under a public transaction; (2) the violation of any
federal or State antitrust statutes or (3) the commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
56.1.3 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 56.1.2 above; and
56.1.4 Have not, within a three-year period preceding this Start Date of this
Agreement, had one or more public transactions (federal, state, or local)
terminated for cause or default.
56.2
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.
57.0
SUBRECIPIENT EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO
INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS:
57.1
The Subrecipient agree that this Agreement and employees working on this
Agreement will be subject to the whistleblower rights and remedies in the pilot
program on the Subrecipient employee whistleblower protections established at
41 U.S.C. § 4712 by section 828 of the National Defense Authorization Act for
Fiscal Year 2013 (Pub. L. 112–239) and section 3.908 of the Federal Acquisition
Regulation;
57.2
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
City of Tolleson PY25 / FY26 Owner Occupied Housing Rehabilitation IGA Page 20 of 42
Regulation. Documentation of such employee notification must be kept on file by
the Subrecipient, and copies provided to County upon request; and
57.3
The Subrecipient shall insert the substance of this clause, including this Paragraph
57.0, in all subcontracts over the simplified acquisition threshold ($250,000 as of
June 2021).
58.0
WRITTEN CERTIFICATION PURSUANT TO A.R.S. § 35-393.01
If the Subrecipient engages in for-profit activity and has 10 or more employees, and if this
Agreement has a value of $100,000 or more, then the Subrecipient certifies it is not
currently engaged in and agrees for the duration of this Agreement not to engage in, a
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.
59.0
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.
60.0
FORCE MAJEURE
60.1
Neither Party 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.
60.2
Each Party, 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.
60.3
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.
61.0
SYSTEM FOR AWARD MANAGEMENT
The Subrecipient 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. The Subrecipient must remain current
with their registration throughout the term of the Agreement. Subrecipients and
subcontractors will not receive a subaward until that entity has provided its UEI number.
2 C.F.R. § 25.300; Appendix A to 2 C.F.R. § 25.
City of Tolleson PY25 / FY26 Owner Occupied Housing Rehabilitation IGA Page 21 of 42
62.0
UYGHUR FORCED LABOR PREVENTION ACT (UFLPA)
62.1
The Subrecipient warrants and certifies that it does not currently, and agrees for
the duration of the agreement that it will not, use:
62.1.1 The forced labor of ethnic Uyghurs in the People’s Republic of China.
62.1.2 Any goods or services produced by the forced labor of ethnic Uyghurs in
the People’s Republic of China.
62.1.3 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.
62.2
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.
63.0
PROVISIONS REQUIRED BY LAW
Each and every provision of law and any clause required by law to be in this Agreement
will be read and enforced as though it were included herein and, if through mistake or
otherwise any such provision is not inserted, or is not correctly inserted, then upon the
application of either party, this Agreement will promptly be physically amended to make
such insertion or correction.
City of Tolleson PY25 / FY26 Owner Occupied Housing Rehabilitation IGA Page 22 of 42
SECTION 2
SPECIAL PROVISIONS
SECTION 2
SPECIAL PROVISIONS
City of Tolleson PY25 / FY26 Owner Occupied Housing Rehabilitation IGA Page 23 of 42
1.0
STANDARDS
The Subrecipient shall perform the work and provide the services as identified in the Work
Statement and shall immediately notify the Department whenever the Subrecipient is
unable to, or anticipates an inability to, perform any of the work, or provide any of the
services required by the terms of this Agreement. The Subrecipient acknowledges that
any inability to perform the work and provide the services, or comply with the standards
set forth in, this Agreement may subject the Subrecipient to the remedies provided in
Section 1 (General Provisions), Paragraph 21.0, (Default and Remedies for
Noncompliance).
2.0
COMPLIANCE WITH LAWS, RULES & REGULATIONS
2.1
This Agreement and the Parties to it, are subject to all applicable federal, state, or
local laws, rules, and regulations. The Subrecipient shall ensure compliance, and
the Subrecipient shall comply with all applicable laws, rules and regulations,
without limitation to those designated within this Agreement.
2.2
The Subrecipient shall comply with requirements of the Housing and Urban
Development Equal Access Rule at 24 C.F.R. Part 5, Final Rule 5863, to ensure
equal access to housing and services regardless of gender identity.
2.3
The Subrecipient shall comply with federal, state, and County requirements as they
relate to the general federal grant requirements.
2.4
The Subrecipient shall ensure compliance with the provisions of Section 3 of the
HUD Act of 1968, as amended, and as implemented by the regulations set forth in
24 CFR 135, incorporated herein by reference.
3.0
PROGRAM INCOME
3.1
All income received from project activities funded by this Agreement shall be
considered program income and subject to the requirements set forth in HUD
Program regulations per 24 CFR 570.504 (b)(2)(i), (ii) and (iii) and 570.504 (c).
Program Income includes, but is not limited to:
3.1.1 sales/lease returns on investment; and
3.1.2 payments of principal and interest on loans.
3.2
Program Income received by the Subrecipient shall be tracked and returned to the
County as follows:
3.1.3 program income shall be tracked by the Subrecipient and accounted for in
a separate fund or account;
3.1.4 documentation supporting the amount of program income received shall be
submitted quarterly with the quarterly progress report; and
3.1.5 all program income shall be submitted at the end of each fiscal year, June
30th with a program income log that states program income received during
the year.
3.2
Program income that is received after at the end of this Agreement shall be sent
to the County in accordance with 24 C.F.R. § 92.503 within 30 days of receipt.
4.0
AUDIT REQUIREMENTS
4.1
In accordance with A.R.S. § 9-481, the Subrecipient shall, at its own expense, file
with the County by March 31st of each Agreement year, either:
4.1.1 Audited financial statements prepared in accordance with federal single
audit requirements; or
4.1.2 Financial statements prepared in accordance with generally accepted
accounting principles audited by an independent certified public
accountant; or
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SPECIAL PROVISIONS
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4.1.3 A Comprehensive Annual Financial Report, prepared in accordance with
generally accepted accounting principles audited by an independent
certified public accountant.
5.0
ACCEPTANCE OF FUNDS
Subrecipient hereby accepts the award of funds under the terms of this Agreement and
agrees to execute and return this Agreement to the County within thirty (30) calendar days
after receipt, unless Subrecipient receives a written waiver of this requirement by the
County.
6.0
ADMINISTRATIVE REQUIREMENTS
6.1
Accounting Standards - The Subrecipient agrees to comply 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).
6.2
Procurement - All procurement completed under this Agreement shall comply with
the requirements at 2 C.F.R. Part 200, Subpart D, Procurement Standards. The
Subrecipient may utilize their own procurement system that meets or exceeds the
requirements in 2 C.F.R. 200 Subpart D. The Subrecipient shall maintain an
accessible policy adopting 2 C.F.R. 200 Subpart D or a written procurement
manual.
6.3
Repayment of Funds – The Subrecipient agrees to repay funds provided under
this Agreement for noncompliance with the terms of this Agreement. Repayment
shall be in accordance with the terms of this Agreement or the requirement of
applicable laws and regulations, including continuing use compliance. The County
may specify in writing the terms of the repayment or alternative terms in lieu of
repayment. However, in no case shall repayment or compliance with the
alternative terms be accomplished any later than sixty (60) calendar days following
the written determination of noncompliance by the County.
6.4
Documentation and Record Keeping - The Subrecipient shall comply with the
following record keeping requirements:
6.4.1 Records to be maintained - The Subrecipient shall maintain all records
required by the federal regulations specified in 24 C.F.R. Part 570.506 that
are pertinent to the activities to be funded under this Agreement. Such
records shall include but not be limited to:
6.4.1.1 Records providing a full description of each activity undertaken;
6.4.1.2 Records demonstrating that each activity undertaken meets one of
the National Objectives of the CDBG program, including HUD
required revisions that may be released after this Agreement has
been executed;
6.4.1.3 Records required for determining the eligibility of activities;
6.4.1.4 Records required to document the acquisition, improvement, use or
disposition of real property acquired or improved with CDBG
assistance (Properties retained shall continue to meet eligibility
criteria and shall conform with the "changes in use" restrictions
specified in 24 C.F.R. Part 570.505, as applicable);
6.4.1.5 Records that demonstrate citizen participation;
6.4.1.6 Records that demonstrate compliance regarding acquisitions,
displacement, relocation, and replacement housing;
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6.4.1.7 Records documenting compliance with the fair housing and equal
opportunity components of the CDBG program;
6.4.1.8 Financial records as required by 24 C.F.R. Part 570.502, 2 C.F.R.
§ 200, and OMB Circulars;
6.4.1.9 Other records necessary to document compliance with Subpart K
of 24 C.F.R. § 570;
6.4.1.10
Records documenting compliance with Section 3 of the Housing
Development Act of 1968; and
6.4.1.11
Records
documenting
all
procurement
decisions
and
processes, including but not limited to quotes, bids, proposals,
and bidder lists.
6.4.2 Public Facilities - Records that demonstrate continuing ownership and
eligible use of facility according to CDBG regulations.
6.4.3 Outcome Measures – The Subrecipient shall maintain data that supports
the accomplishment of the desired outcomes as indicated in the Work
Statement.
6.4.4 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.
6.4.5 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.
6.4.6 Beneficiary Data - The Subrecipient shall maintain the following Beneficiary
data:
6.4.6.1 Quarterly progress reports and accomplishment data. Such data
shall include, but not be limited to total number of beneficiaries, total
Project labor hours and total number of Section 3 Project hours as
described in Section 3 of the Work Statement, paragraph 2.0 Scope
of Work in the Agreement.
6.4.7 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.
6.4.8 Audits and Inspections - All Subrecipient records with respect to any
matters covered by this Agreement shall be made available to the County,
their designees, or the federal government, at any time during normal
business hours, as often as the County deems necessary, to audit,
examine and make excerpts or transcripts of all relevant data. Any relevant
deficiencies noted in audit reports must be addressed by the Subrecipient
within 45 calendar days after receipt by the Subrecipient. Failure of the
Subrecipient to comply with the above audit requirements shall constitute
a violation of this Agreement and may result in the withholding of future
payments.
6.4.9 The Subrecipient hereby agrees to have an Annual Audit conducted in
accordance with Maricopa County Human Services’ Admin Manual –
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SPECIAL PROVISIONS
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Community Development. The Annual Audit requirement is applicable
regardless of the amount of funding received by Subrecipients via this
Agreement.
6.4.10 Continuing Use Requirements - If the activity is in a public facility, the
Subrecipient shall provide the County, on an annual basis, a Certificate of
Use Statement certifying that the facility is being used to meet a national
objective and eligible activity.
6.5
Performance Monitoring - The County shall monitor the Subrecipient to determine
if CDBG -funded activities are implemented and administered in accordance with
this Agreement and all applicable federal requirements per 24 CFR 570 subpart K,
and to gauge performance of the Subrecipient against goals and performance
standards required in this Agreement. The Subrecipient will prepare for monitoring
and assure all required files and documentation are available at scheduled
monitoring. Failure of Subrecipient to administer, implement and perform as
determined by federal regulations and County policies shall constitute non-
compliance with this Agreement and is subject to the Default and Remedies for
Noncompliance provided in this Agreement.
6.6
Subcontracts
6.6.1 Approvals - The Subrecipient shall not commit to any pre-contract costs or
enter into any Subcontract(s) with any agency or individual in the
performance of this Agreement without the Notice to Proceed from the
County. Execution of construction Subcontracts may not occur until a letter
stating the Subrecipient is not on the debarred list is received from the
County.
6.6.2 UEI Number: All Subcontractors shall have a valid UEI number and an
active profile in the federal System for Award Management (SAM).
Subcontractors will not receive a subaward until that entity has provided its
UEI number. 2 C.F.R. § 25.300; Appendix A to 2 C.F.R. § 25.
6.6.3 Selection Process - The Subrecipient shall insure that all subcontracts let
in the performance of this Agreement are awarded on a fair and open
competitive basis. Executed copies of all Subcontracts shall be forwarded
to the County along with documentation, if requested, concerning the
selection process.
6.6.4 Section 3 of the Housing and Urban Development Act of 1968, as amended
(12 U.S.C. 1701) - The Subrecipient shall include the “Section 3" clause in
all Subcontracts and The Subrecipient shall take appropriate action should
a Subcontractor be in violation of any HUD or County regulations. The
Subrecipient shall not subcontract with any entity where it has notice or
knowledge that the latter has been found in violation of regulations under
24 C.F.R. Part 75 Subpart C.
6.6.5 Agreement Monitoring - The Subrecipient shall monitor/review all
Subcontracted services on a regular basis to assure Agreement
compliance. Results of monitoring efforts shall be summarized in the
Progress Reports and supported with documented evidence, if requested,
of follow-up actions taken to correct areas of noncompliance.
6.6.6 Noncompliance by Subcontractor(s) may lead to default of this Agreement
and subject the Subrecipient to the Default and Remedies for
Noncompliance provisions of this Agreement.
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SPECIAL PROVISIONS
City of Tolleson PY25 / FY26 Owner Occupied Housing Rehabilitation IGA Page 27 of 42
7.0
POLICY/ADMINISTRATIVE MANUALS USE
By executing this Agreement, the Subrecipient acknowledges receipt of and agrees to be
familiar with and comply with the policies/procedures established in the most recent
Administrative Manual, dated September 20, 2017, as may be revised.
8.0
ENVIRONMENTAL CONDITIONS
8.1
Notwithstanding any provision of this Agreement, the Parties agree and
acknowledge that this Agreement does not constitute a commitment of funds or
site approval, and that such commitment of funds or approval may occur only upon
satisfactory completion of environmental review and receipt by the County of a
release of funds from the U.S. Department of Housing and Urban Development
under 24 C.F.R. Part §58. The Parties further agree that the provision of any funds
to the project is conditioned on the County’s determination to proceed with, modify,
or cancel the project based on the results of a subsequent environmental review.
8.2
The Subrecipient agrees to comply with: The National Environmental Policy Act of
1969 (P.L. 91-190) pursuant thereto 40 C.F.R. Parts 1500 - 1508, Environmental
Review Procedures for Title I of the Community Development Block Grant program
pursuant thereto Title 24 C.F.R. Part 58, Subpart A; and with all conditions required
in the process of the environmental assessment. An Environmental Review Record
(ERR) shall be completed before taking any physical action on a site or entering
into Agreements. If federal funds are involved in an activity, then neither federal
nor non-federal funds may be expended or committed by Agreement (conditional
or not) for activities related to this project including design work, until the County
provides written authorization based on approval of an ERR.
8.3
Air and Water - The Subrecipient agrees to comply with the following requirements
insofar as they apply to the performance of this Agreement:
8.3.1 Clean Air Act, 42 USC § 7401, et seq., as amended.
8.3.2 Federal Water Pollution Control Act, as amended, 33 USC § 1251, et seq.,
as amended, 1318 relating to inspection, monitoring, entry, reports and
information, as well as other requirements specified in said Section 114
and Section 308 and all regulations and guidelines issued thereunder.
8.3.3 Environmental Protection Agency (EPA) regulations pursuant to 40 C.F.R.
Part 50, as amended.
8.3.4 The Subrecipient agrees to comply with conditions set forth by the Air
Quality Department or other County agency, as required.
8.4
Flood Disaster Protection - In accordance with the requirements of the Flood
Disaster Protection Act of 1973 (42 USC § 4001), the Subrecipient shall assure
that for activities located in an area identified by FEMA as having special flood
hazards, flood insurance under the National Flood Insurance Program is obtained
and maintained as a condition of financial assistance for acquisition or construction
purposes. (In the case of housing, the homeowner must obtain and maintain flood
insurance as a condition of funding, or funds may not be utilized.)
8.5
Historic Preservation - The Subrecipient agrees to comply with the Historic
Preservation requirements set forth in the National Historic Preservation Act of
1966, as amended (16 USC § 470) and the procedures set forth in 36 C.F.R. Part
800, Advisory Council on Historic Preservation Procedures for Protection of
Historic Properties, insofar as they apply to the performance of this Agreement. In
general, this requires concurrence from the State Historic Preservation Office for
all rehabilitation and demolition of historic properties that are fifty (50) years old or
older, or that are listed or eligible for the National Register of Historic places or
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SPECIAL PROVISIONS
City of Tolleson PY25 / FY26 Owner Occupied Housing Rehabilitation IGA Page 28 of 42
places included on any state or local historic property inventory or any
archaeological findings.
8.6
Notice to Proceed (NTP) - No funds may be encumbered prior to the completion
of the Environmental Review. The Environmental Review Record (ERR) must be
completed before any funds are obligated. Funding is also conditioned upon the
completion of the ERR of every activity site by address. The responsibility for
certifying the appropriate Environmental Review Record and NTP shall rest with
the County. It is the responsibility of the Subrecipient to notify the County, and to
refrain from making any commitments and expenditures on a site until a Notice to
Proceed has been issued by the County. Failure to meet these conditions will
mean that requested funds will not be disbursed.
9.0
TIMELY IMPLEMENTATION
The Subrecipient agrees that timely implementation of the activity is essential.
Subrecipient agrees that implementation of activities including design/development or
construction (or both) shall commence not later than 90 calendar days after the execution
of this Agreement. If the 90-day commencement date is not met, or whenever a
Subrecipient’s implementation of an activity lags the contractual activity schedule by 90
calendar days or more, the Subrecipient shall be required to submit to the Assistant
Director or their designee a written statement to CDAC describing the reasons for failure
to implement the activity within the stipulated time frame. The Subrecipient shall allow the
County to provide technical assistance if the project is more than 90 calendar days behind
schedule. In addition, the Subrecipient must present a corrective action plan that ensures
timely implementation, as provided for in the Administrative Manual. Failure to implement
the activity in a timely manner shall be considered ineffective use of funds as well as a
material failure to comply with all terms of the award of this Agreement and shall be
considered cause for termination of this Agreement.
10.0
ACTIVITY COMPLETION
Upon the final payment to the Subrecipient by the County, the activity shall be considered
complete. Upon completion of the Work Statement, all unspent CDBG resources shall be
returned to the CDBG unprogrammed funds account. The Subrecipient shall continue to
be responsible for compliance activities for the life of the assisted activity. The close-out
letter generated by the County shall detail these responsibilities and shall be sent to the
Subrecipient. The Subrecipient agrees to comply with the stipulations in the close-out
letter that addresses responsibilities after the close of an activity.
11.0
REVERSION OF ASSETS
Unexpended funds must be de-obligated and returned to the County for reallocation. At
the expiration of this Agreement, the County, upon recommendation of the Maricopa
County Community Development Advisory Committee (CDAC), may reallocate any
unencumbered funds per the CDAC Policy Manual as written in Special Provisions,
Paragraph 7.0 (Policy/Administrative Manuals Use). A written letter to de-obligate funds
will be sent to the Subrecipient from the County a minimum of ninety (90) calendar days
prior to termination of this Agreement.
12.0
VIOLENCE AGAINST WOMEN REAUTHORIZATION ACT OF 2022
The Subrecipient must comply with VAWA 2022, which applies to all victims of domestic
violence, dating violence, sexual assault, and stalking, regardless of sex, gender identity,
or sexual orientation, and which must be applied consistent with all nondiscrimination and
fair housing requirements. The subrecipient must give a Notice of Occupancy Rights to
SECTION 2
SPECIAL PROVISIONS
City of Tolleson PY25 / FY26 Owner Occupied Housing Rehabilitation IGA Page 29 of 42
tenants and applicants to ensure they are aware of their rights under VAWA, maintain an
emergency transfer plan, and document incidents of domestic violence, dating violence,
sexual assault, and stalking.
13.0
BUY AMERICA PREFERENCE
The Subrecipient agrees that iron and steel products, manufactured products, and
construction materials used in this project comply with the Build America, Buy America
(BABA) Act requirements mandated by Title IX of the Infrastructure Investment and Jobs
Act (IIJA), Pub. L. 177-58.
14.0
ADDITIONAL CERTIFICATIONS AND WARRANTIES
14.1
The Subrecipient agrees that it undertakes hereby the same obligations as the
County has undertaken to HUD pursuant to the Annual Action Plan and
Certifications, with respect to this Agreement. The Subrecipient shall hold County
harmless and indemnify it against any damage or other liability which County may
incur with respect to HUD as a result of any failure on the part of Subrecipient to
comply with the requirements of any such obligation. The Subrecipient shall be
obligated to the requirements of this Agreement including the subparagraphs of
this paragraph 14.1 and Section 5 Attachments, which include 1) Equal
Employment Opportunity Certification (Attachment 1), 2) Certification for a Drug-
Free Workplace (Attachment 2), 3) Certification of Payments to Influence Federal
Transactions (Attachment 3), and 4) Program Specific CDBG Certifications
(Attachment 4).
14.1.1 The Housing and Community Development Act of 1974 (P.L. 93-383) as
amended by the Housing and Urban Rural Recovery Act of 1983 (P.L. 98-
181), the Housing and Community Development Act of 1987 and the
Cranston-Gonzalez National Affordable Housing Act (P.L. 101-625);
14.1.2 Regulations of the Department of Housing and Urban Development relating
to Community Development Block Grants (Title 24, Chapter V, Part 570 of
the Code of Federal Regulations (C.F.R.), commencing at Section 570.1);
14.1.3 Title VI of the Civil Rights Act of 1964 (P.L. 88-352) as amended; Title VIII
of the Civil Rights Act of 1968 (P.L. 90-284) as amended; Section 104 and
109 of the Title I of the Housing and Community Development Act of 1974
as amended; EXECUTIVE ORDER 11063, and Executive Order 11246 as
amended by Executive Orders 11375, 11478, 12107 and 12086; and any
HUD regulations heretofore issued or to be issued to implement these
authorities related to Civil Rights; the requirements of Executive Orders
11625 and 12432 regarding Minority Business Enterprise, and 12138
regarding Women’s Business Enterprise, and regulations in 2 C.F.R. §
200.321 and of Section 281 of the National Housing Affordability Act;
14.1.4 Section 504 of the Rehabilitation Act of 1973 as amended and the
Americans With Disabilities Act, of 1990;
14.1.5 Fair Housing Amendments Act of 1988;
14.1.6 The Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970 (P.L. 91-646) and the Uniform Relocation Act Amendments of
1987 (Title IV, P.L. 100-17, April 2, 1987, and regulations adopted to
implement that Act pursuant thereto Title 24, C.F.R. Part 42 as amended;
14.1.7 The Architectural Barriers Act of 1969 (42 U.S.C. Section 4151-4157); The
Hatch Act relating to the conduct of political activities (Chapter 15 of Title
5, U.S.C.);
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SPECIAL PROVISIONS
City of Tolleson PY25 / FY26 Owner Occupied Housing Rehabilitation IGA Page 30 of 42
14.1.8 Section 902 of the Housing and Community Development Amendments of
1978 (P.L. 95-557);
14.1.9 Executive Order 11246 of September 24, 1966, and the regulations issued
pursuant thereto (41 C.F.R. Chapter 60), 24 CFR 570.607, as revised by
Executive Order 13279, and the applicable non-discrimination provisions
in Section 109 of the HCDA are still applicable relating to nondiscrimination
in employment and contracting opportunities;
14.1.10
The Labor Standards Regulations set forth in 24 C.F.R., Part
570.603; the Davis-Bacon Act as amended; the provisions of Contract
Work Hours and Safety Standards Act (40 U.S.C. 327 et seq); the
Copeland “Anti-Kickback” Act (18 U.S.C. 874, et seq; 40 U.S.C. § 276a-
276a-5; 40 USC § 327 and 40 USC § 276c; and implementing regulations
of the U.S. Department of Labor at 29 C.F.R. 5) and all other applicable
Federal, state and local laws and regulations pertaining to labor standards.
The Subrecipient shall maintain documentation that demonstrates
compliance with hour and wage requirements of this part. Such
documentation shall be made available to the County for review upon
request;
14.1.11
Executive Order 13166 entitled “Improving Access to Services for
Persons with Limited English Proficiency” pursuant to Title VI of the Civil
Rights Act; and
14.1.12
The Drug-Free Workplace Act of 1988 as it applies to this activity.
14.2
The Subrecipient shall warrant and cause its Subcontractors to warrant that they
are in compliance with immigration laws and regulations at A.R.S. §§ 41-4401 and
23-214.
14.3
Subrecipients that are governmental entities (including public agencies) shall
comply with the requirements and standards of
14.3.1 2 C.F.R. § 225, "Cost Principles for State, Local and Indian Tribal
Governments," and
14.3.2 2 C.F.R. § Part 200 including Subpart D – Post Federal Award
Requirements, Subpart E – Cost Principles, and Subpart F – Audits.
Subrecipients that are non-profits shall comply with the requirements and
standards of:
14.3.2.1 2 C.F.R. Part 230, "Cost Principles for Nonprofit Organizations,"
or 2 C.F.R. 220, "Cost Principles for Educational Institutions," as
applicable,
14.3.2.2 OMB Circular A-134, “Financial Accounting Principles and
Standards,” and
14.3.2.3 2 C.F.R. § Part 200 including Subpart D – Post Federal Award
Requirements, Subpart E – Cost Principles, and Subpart F –
Audits. Audits shall be conducted annually.
14.3.3 It is the responsibility of the Subrecipient to ensure the latest documents
are consulted and followed.
14.3.4 This Agreement constitutes the entire agreement between the Parties with
respect to the subject matter hereof, and all prior agreements,
representations, statements and undertakings are hereby expressly
cancelled.
14.3.5 The section headings and subheadings contained in this Agreement are
included for convenience only and shall not limit or otherwise affect the
terms of this Agreement.
City of Tolleson PY25 / FY26 Owner Occupied Housing Rehabilitation IGA
Page 31 of 42
SECTION 3
WORK STATEMENT
SECTION 3
WORK STATEMENT
City of Tolleson PY25 / FY26 Owner Occupied Housing Rehabilitation IGA
Page 32 of 42
1.0
SPECIAL FEDERAL AND PROJECT PROVISIONS
1.1.
Program Activity: The Subrecipient agrees to implement the activity fully as
described in:
1.1.1. This Work Statement in accordance with the terms of the 2025-2030 Five-
Year Consolidated Plan,
1.1.2. The 2025-2026 Action Plan submitted by the County to HUD for funds to
carry out the activity,
1.1.3. The Subrecipient’s application for funding, as approved by the Board of
Supervisors,
1.1.4. The Certifications which were submitted concurrently with the Annual
Action Plan to HUD, and with
1.1.5. Any Cooperation Agreements between the Subrecipient and the County
(as applicable).
2.0
SCOPE OF WORK
2.1
Project Description: Provide home repair or rehabilitation services to
approximately 8 eligible owner-occupied housing units. This project is an ongoing
effort to improve housing conditions within the City's Redevelopment Area. This
housing rehabilitation project will eliminate or alleviate health and safety threats to
the people residing in the homes that are repaired or rehabilitated. The long-term
benefits of these home repairs can include better general health, decreased
exposure to toxins, lower risk of falls, lower utility bills, and less financial strain on
the family.
2.2
Project Purpose: The City of Tolleson is a predominantly lower-income community
and its redevelopment area has a prevalence of older single-family homes in
substandard condition. The project will support decent housing and a suitable
living environment.
2.3
Project Beneficiaries: Work includes addressing hazardous materials like lead
based paint and asbestos; repairing/replacing air conditioning/heating, plumbing,
electrical, roofing or other systems affecting the home's habitability; providing
accessibility (especially in bathrooms and home entrances); and replacing
windows, doors, and flooring.
2.4
Project Staff: The Subrecipient shall maintain staff qualified to perform the duties
of the project. The Subrecipient shall immediately notify the County regarding any
changes in staff committed to the project. The County reserves the right to review
the qualifications of new staff committed to the project after the execution of this
Agreement.
2.5
Subcontractors: The Subrecipient shall select Subcontractors in accordance with
Administrative Requirement of this Agreement. The Subrecipient shall contract
with responsible and qualified Subcontractors to perform the duties of the project.
The Subrecipient shall verify the qualifications of each Subcontractor through
license verification, references, and SAM.gov. Subrecipients and Subcontractors
will not receive a subaward until that entity has provided its Unique Entity Identifier
(UEI) number.
SECTION 3
WORK STATEMENT
City of Tolleson PY25 / FY26 Owner Occupied Housing Rehabilitation IGA Page 33 of 42
3.0
IMPLEMENTATION SCHEDULE
Activity
Duration
Start
End
Income Qualify/Prepare ERRs
Ongoing
November 1, 2025
August 1, 2027
Rehab/Repair Units 1-4
334 Days
November 1, 2025
October 1, 2026
Rehab/Repair Units 5-8
335 Days
October 1, 2026
September 1, 2027
Closeout
30 Days
September 1, 2027
October 1, 2027
4.0
NOTICES
For Maricopa County Human Services Department:
Jamie Macfarlane
Assistant Director, Housing and Community Development Division
602-506-5813
jamie.macfarlane@maricopa.gov
234 N. Central Avenue, 3rd Floor
Phoenix, Arizona 85004
For the City of Tolleson:
Noel Schaus
Revitalization Manager
623-936-2728
noel.schaus@tolleson.az.gov
9055 W. Van Buren
Tolleson, AZ 85353
4.1
Unless otherwise noted, all notices to a Party required or permitted under this
Agreement shall be in writing to the persons at the addresses listed above.
4.2
The Subrecipient is required to notify the County, in writing, within fifteen (15)
calendar days, after any changes in the following occur:
4.2.1 Subrecipient or Agency authorized signatory;
4.2.2 Subrecipient or Agency address, phone, fax, or email addresses;
4.2.3 Person to whom Agreement notices should be sent.
4.2.4 Key Personnel as assigned to the activities in Section 3 (Work Statement).
5.0
BUDGET
5.1
Activity
Budget
Program
Year
Fiscal
Year
Owner-Occupied Housing
Rehabilitation
$425,000.00
PY2025
FY2026
Total
$425,000.00
5.2
The County shall provide an amount not-to-exceed Four Hundred Twenty Five
Thousand Dollars ($425,000.00) subject to the terms of this Agreement and
availability of funds. Funding is provided under ALN 14.218 U.S. Department of
Housing and Urban Development (HUD) Community Development Block Grant
(CDBG) funds for Program Year 2025. This Agreement amount constitutes the
County’s entire participation and obligation in the performance and completion of
all work to be performed under this Agreement.
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SECTION 4
COMPENSATION
SECTION 4
COMPENSATION
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1.0
COMPENSATION
1.1
The County shall provide financial assistance in an amount not to exceed the
amount listed on page 1 of this Agreement and subject to the terms of this
Agreement and availability of funds.
1.2
The County shall reimburse the Subrecipient on a net “0” payments standard.
2.0
METHOD OF PAYMENT
2.1
The Subrecipient agrees to submit at a minimum one (1) quarterly reimbursement
request to County after issuance of the final notice to proceed with construction.
County agrees to reimburse Subrecipient for actual allowable costs incurred, upon
certification of Release of Funds and submittal by Subrecipient of an itemized
statement of actual expenditures incurred, supported by back up documentation
such as:
2.1.1 invoices and copies of checks showing payment of invoices and/or
2.1.2 timesheets showing hours worked on eligible activities.
2.2
The Subrecipient shall submit to the County a Request for Reimbursement of all
expenditures within the same fiscal year in which the expenditures are incurred.
The fiscal year runs July 1st through June 30th, and all Requests for
Reimbursement shall be submitted no later than July 30th for the preceding fiscal
year.
2.3
All requests for reimbursement shall be submitted to:
HSDFINANCE@MARICOPA.GOV.
2.4
Reimbursement by County is not to be construed as final in the event that HUD
disallows reimbursement for the activity or any portion thereof.
2.5
Funds not expended in implementing this CDBG activity or upon completion of the
Work Statement activity shall be returned to the CDBG unprogrammed funds
account as provided by the Administrative Manual. Request for reimbursement
must be made using the Request for Reimbursement form provided by the County.
2.6
The Subrecipient shall comply with all requirements under 2 C.F.R. 200.415,
incorporated herein by reference
2.7
The County shall reimburse the Subrecipient on a net zero (0) payments standard
3.0
TIMELINESS
The Subrecipient will submit Requests for Reimbursements to the County at least
quarterly, provided Subrecipient has expended at least $1,000.
4.0
DISALLOWED COSTS
4.1
The cost principles set forth in 2 C.F.R. § 200 as applicable, and the Code of
Federal Regulations, 48 C.F.R., Chapter 1, Subchapter e, Part 31 including later
amendments and editions on file with the Arizona Secretary of State and
incorporated by this reference, shall be used to determine the allowability of
incurred costs for the purpose of reimbursing costs under Agreement provisions
that provide for the reimbursement of costs. Those costs that are specifically
defined as unallowable in 48 C.F.R., Chapter 1, Subchapter e, Part 31 therein will
not be submitted for reimbursement by the Subrecipient and may not be
reimbursed with County funds.
4.2
The Subrecipient shall follow cost principles as outlined in Office of Management
and Budget (OMB) Uniform Guidance 2 C.F.R. § 200.
SECTION 4
COMPENSATION
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5.0
FINAL REIMBURSEMENT UPON CONTRACT TERMINATION
5.1
Upon termination of this Agreement, at the date identified on page 1 of this
Agreement, or as may be amended, the Subrecipient shall submit the final
reimbursement request.
5.1.1 This request shall be submitted no later than 30 calendar days after the
termination date except as noted immediately below.
5.1.2 If the termination date is between June 10 and June 30, then the final
reimbursement request shall be submitted by July 10.
5.1.3 The final progress report, and any other required reports that may be
applicable, such as the program income report, shall be submitted with the
final reimbursement request.
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SECTION 5
ATTACHMENTS
SECTION 5
ATTACHMENTS
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ATTACHMENT 1
SECTION 5
ATTACHMENTS
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ATTACHMENT 2
SECTION 5
ATTACHMENTS
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ATTACHMENT 3
SECTION 5
ATTACHMENTS
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ATTACHMENT 4
Specific CDBG Certifications
The Subrecipient certifies that:
Citizen Participation -- It is in full compliance and following a detailed Citizen Participation Plan
that satisfies the requirements of 24 C.F.R. § 91.105.
Community Development Plan -- Its consolidated housing and community development plan
identifies community development and housing needs and specifies both short-term and long-
term community development objectives that provide decent housing and expand economic
opportunities primarily for persons of low- and moderate-income. (See 24 C.F.R. Parts 91 and
570.)
Following a Plan -- It is following a current consolidated plan (or Comprehensive Housing
Affordability Strategy) that has been approved by HUD.
Use of Funds -- It has complied with the following criteria:
1.
Maximum Feasible Priority. With respect to activities expected to be assisted with CDBG
funds, it certifies that it has developed its Action Plan so as to give maximum feasible
priority to activities which benefit low- and moderate-income families or aid in the
prevention or elimination of slums or blight. The Annual Action Plan may also include
activities that the Subrecipient certifies are designed to meet other community
development needs having an urgency because existing conditions pose a serious and
immediate threat to the health or welfare of the community, and other financial resources
are not available;
2.
Overall Benefit. The aggregate use of CDBG funds including Section 108 (See 24 C.F.R.
Part 570, Subpart M) guaranteed loans during program year(s) 2021, 2022, and 2023 (a
period specified by the Subrecipient consisting of one, two, or three specific consecutive
program years), shall principally benefit persons of low- and moderate-income in a manner
that ensures that at least 70 percent of the amount is expended for activities that benefit
such persons during the designated period; and
3.
Special Assessments. It shall not attempt to recover any capital costs of public
improvements assisted with CDBG funds including Section 108 loan guaranteed funds by
assessing any amount against properties owned and occupied by persons of low and
moderate income, including any fee charged or assessment made as a condition of
obtaining access to such public improvements.
However, if CDBG funds are used to pay the proportion of a fee or assessment that relates to the
capital costs of public improvements (assisted in part with CDBG funds) financed from other
revenue sources, an assessment or charge may be made against the property with respect to the
public improvements financed by a source other than CDBG funds.
The jurisdiction shall not attempt to recover any capital costs of public improvements assisted
with CDBG funds, including Section 108, unless CDBG funds are used to pay the proportion of
fee or assessment attributable to the capital costs of public improvements financed from other
revenue sources. In this case, an assessment or charge may be made against the property with
respect to the public improvements financed by a source other than CDBG funds. Also, in the
case of properties owned and occupied by moderate-income (not low-income) families, an
assessment or charge may be made against the property for public improvements financed by a
SECTION 5
ATTACHMENTS
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source other than CDBG funds if the jurisdiction certifies that it lacks CDBG funds to cover the
assessment.
Excessive Force -- It has adopted and is enforcing:
1.
A policy prohibiting the use of excessive force by law enforcement agencies within its
jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and
2.
A policy of enforcing applicable state and local laws against physically barring entrance to
or exit from a facility or location that is the subject of such non-violent civil rights
demonstrations within its jurisdiction.
Compliance with Anti-discrimination laws -- The grant shall be conducted and administered in
conformity with Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d), the Fair Housing Act
(42 U.S.C. §§ 3601-3619) and implementing regulations.
Lead-Based Paint -- Its notification, inspection, testing, interim controls, and abatement
procedures concerning lead-based paint shall comply with the requirements of 24 C.F.R.
§570.608.
Compliance with Laws -- It shall comply with applicable laws.
Signature/Authorized Town Official
Date
Printed/Typed Name
Title
Subrecipient Name