Res 2621 Maricopa County Human Services Department IGA for FY 26 Hand in Hand Program 09 23 25
Extracted text (via pymupdf)
49828 characters
RESOLUTION NO. 2621
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF TOLLESON,
ARIZONA, APPROVING THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE
CITY OF TOLLESON AND MARICOPA COUNTY, ADMINISTERED BY ITS HUMAN
SERVICES DEPARTMENT, FOR THE HAND-IN-HAND PROGRAM TO REDUCE
HOMELESSNESS IN THE AMOUNT OF $5,000 FOR FISCAL YEAR 2026, AND
AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT.
WHEREAS, the City of Tolleson (“City”) and Maricopa County (“County”), through its
Human Services Department, desire to collaborate in addressing homelessness in the region
through the Hand-in-Hand Program; and
WHEREAS, the Intergovernmental Agreement (“IGA”) establishes a partnership to
provide outreach services, case management, and housing-focused assistance for unsheltered
individuals in Tolleson and surrounding communities, and pursuant to A.R.S. §§ 9-240 and 11-
952, the City is authorized to enter into such intergovernmental agreements.
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 Hand-in-Hand 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
23rd day of September, 2025.
____________________________________
Juan F. Rodriguez, Mayor
ATTEST: ____________________________________
Crystal Zamora, City Clerk
APPROVED AS TO FORM: ____________________________________
Justin Pierce, City Attorney
EXHIBIT A
TO
RESOLUTION NO. 2621
[Intergovernmental Agreement]
See following pages.
City of Tolleson IGA Hand-In-Hand FY26
Page 1 of 18
INTERGOVERNMENTAL AGREEMENT
BETWEEN
MARICOPA COUNTY
ADMINISTERED BY ITS
HUMAN SERVICES DEPARTMENT
AND
CITY OF TOLLESON
Agreement Amount: $5,000
Agreement Start Date: July 1, 2025
Agreement Termination Date: June 30, 2026
Agreement Number:___________________________
UEI Number: ZCKJW4NFBEE6
1.0
PARTIES
This financial Intergovernmental Agreement (“Agreement”) is between the City of Tolleson
(City) and Maricopa County (County) administered by its Human Services Department.
The County and the City collectively are referred to as the “Parties” and individually as the
“Party.”
2.0
PURPOSE
2.1
The purpose of this Agreement is to establish a collaboration between the Parties
focused on a strategy to reduce homelessness with an added focus in wash and
canal areas (e.g. Agua Fria, Skunk Creek, and New River).The Cities including,
but not limited to, Tolleson, Peoria, Surprise, Sun City, Sun City West, Waddell,
Wittmann, Town of Youngtown and City of El Mirage (Subregional Partners) are
committed to provide outreach teams with needed resources to assist individuals
who are unsheltered to transition into permanent housing.
2.2
Subregional Partners are working to address the needs of individuals that are
utilizing the wash and canal areas as campsites for temporary shelter. The
Subregional Partners will ensure outreach teams are developed to assist
individuals with services to transition into permanent housing.
2.3
Outreach will include a versatile combination of coordination of case management,
mental health service connections and substance use support. Through a
sustained targeted effort, this partnership endeavors to reduce local street
homelessness in the areas as measured by the Point in Time count.
3.0
TERM OF AGREEMENT
3.1
The initial term of this Agreement is listed on Page One of this Agreement.
3.2
This Agreement shall be effective upon approval and signature by both Parties.
City of Tolleson IGA Hand-In-Hand FY26
Page 2 of 18
3.3
Extensions must be in writing and approved and signed by both Parties. The City
must provide notice of intent to renew the Agreement 60 calendar days prior to the
end of the original or extended Agreement term, as applicable.
4.0
AMENDMENTS
Any changes to this Agreement shall be by written Amendment signed by both Parties.
5.0
FUNDING
The City shall provide the County with the funding amount defined in Attachment A,
Budget, for the Agreement term. The Budget has been developed between the Parties
and is incorporated into this Agreement.
6.0
AVAILABILITY OF FUNDS
6.1
Should funding for program activities be reduced for any reason and services are
not funded, then the City may either accept a decrease in services offered by the
County or terminate this Agreement.
6.2
If the City is unable to provide funding to support the Program, then the County
has the right to either change the availability of or withdraw the services (or both).
7.0
PAYMENTS
Subject to ongoing review and possible modifications during the term or terms of this
Agreement, the City shall pay the County based on the County submitting a monthly
invoice. County shall submit invoices and back up documentation for activities outlined in
Section 8.0. The City shall prepare and issue payment within 30 calendar days of receipt
of the invoice, except for the last month of each fiscal year for which the City shall submit
payment by July 5th. Payments shall be submitted to the Department’s Finance Division
at the address 234 North Central Avenue, Phoenix, Arizona 85004.
8.0
RESPONSIBILITIES OF ORGANIZATIONS
8.1
The County shall:
8.1.1 Assign outreach staff, either County staff or contracted agency staff to:
8.1.1.1 Provide outreach 7 days a week, a minimum of 8 hours a day.
8.1.1.2 Collaborate with homelessness service agencies and other local
partners to coordinate services for clients.
8.1.1.3 Complete information in HMIS (Homeless Management Information
System).Ensure demographic data is entered on all persons
contacted, and all activities assisted with under this Program in
accordance with the local HMIS standards on data collection.
Outreach staff must also enter latitude and longitude to log location
where individuals were contacted.
8.1.1.4 Utilize the Continuum of Care (COC) Community Adopted Best
practices as a guide for core competencies and service delivery.
8.1.1.5 Ensure activities are designed to meet the immediate needs of
people experiencing homelessness in unsheltered locations by
connecting them with emergency shelter, housing, or critical
services, and providing them with urgent, non-facility-based care.
Component services generally consist of:
8.1.1.5.1 Engagement
8.1.1.5.1.1 Activities
to
locate,
identify
and
build
relationships with individuals or families living in
unsheltered settings for the purpose of providing
City of Tolleson IGA Hand-In-Hand FY26
Page 3 of 18
immediate
support,
intervention,
and
connections with homeless assistance programs
or mainstream social services and housing
programs.
8.1.1.5.1.2 These activities consist of making an initial
assessment of needs and eligibility; providing
crisis counseling; addressing urgent physical
needs, such as providing meals, blankets,
clothes, or toiletries; and actively connecting and
providing information and referrals to programs
targeted to homeless people and mainstream
social services and housing programs, including
emergency
shelter,
transitional
housing,
community-based
services,
permanent
supportive housing, and rapid re-housing
programs.
8.1.1.5.2 Case management
8.1.1.5.2.1 Assessing housing and service needs, and
arranging, coordinating, and monitoring the
delivery of individualized services.
8.1.1.5.2.2 Eligible services and activities are as follows:
using coordinated entry; conducting the initial
evaluation, including verifying and documenting
eligibility; counseling; developing, securing, and
coordinating services; obtaining Federal, State,
and local benefits; monitoring and evaluating
program
participant
progress;
providing
information and referrals to other providers; and
developing an individualized housing and
service plan, including planning a path to
permanent housing stability.
8.1.1.5.2.3 These services may be provided to clients
staying in shelter via hotel or other shelter
service provider within the designated service
area.
8.1.1.5.3 Transportation
8.1.1.5.3.1 The transportation costs of travel by outreach
workers, social workers, medical professionals,
or other service providers are eligible, provided
that this travel takes place during the provision
of services eligible under this section. The costs
of transporting unsheltered people to emergency
shelters or other service facilities are also
eligible.
8.1.1.5.4 Administration of flex funds
8.1.1.5.4.1 Flexible spending account funds must be for the
purpose of clients obtaining or retaining housing
and/or eliminate barriers in obtaining or retaining
housing. Priority given to clients currently
sleeping outdoors and not in shelter.
City of Tolleson IGA Hand-In-Hand FY26
Page 4 of 18
8.1.1.5.4.2 Flex funds can be administered with up to $5,000
per household per year.
8.1.1.5.4.3 Expenditures can include any of the following
items (any items not on this list must receive prior
approval
from
Maricopa
County
before
purchase):
8.1.1.5.4.3.1 Hotel stays
8.1.1.5.4.3.2 Diversion
to
another
sheltered
location (bus ticket to family, friend in
another jurisdiction or state)
8.1.1.5.4.3.3 Legal fees for prior legal judgements
or expunging legal judgements
8.1.1.5.4.3.4 Vehicle repairs or vehicle payments
to prevent loss of employment
8.1.1.5.4.3.5 Housing search and placement
8.1.1.5.4.3.6 Rental
application
fees
(when
charged
by
the
owner
to
all
applicants)
8.1.1.5.4.3.7 Security deposits (no more than two
month’s rent)
8.1.1.5.4.3.8 Rent for the last month of a lease
agreement
8.1.1.5.4.3.9 Utility deposits (when required by
utility company for all customers)
8.1.1.5.4.3.10 Moving and storage costs for up to
three months
8.1.1.5.4.3.11 Costs associated with pet rent, pet
fees and/or pet related costs that are
a barrier to housing or shelter
services
8.1.1.5.4.3.12 Service Eligibility
8.1.1.5.4.3.13 Other housing related costs that are
a great burden or barrier to remaining
sheltered (household furniture like a
mattress, cookware); these must be
approved in writing by Maricopa
County Homeless Initiatives staff
8.1.1.5.4.3.14 Other items must be approved in
writing by Maricopa County
8.1.2 Assign County Coordinator to be the primary liaison with City officials, local
designees, and the street outreach team to effectively execute the
Program. The Coordinator will:
8.1.2.1 Work with local designees to coordinate services with local
emergency services, parks and recreation, libraries, and other
departments as outlined by the City.
8.1.2.2 Act as a point of contact for the County to respond to escalated
issues.
8.1.2.3 Coordinate regular case conferencing meetings to improve service
delivery of clients experiencing homelessness.
8.1.3 Provide the City with reports on a monthly basis on the 30th of the month
for the previous month of activities containing the following data metrics:
City of Tolleson IGA Hand-In-Hand FY26
Page 5 of 18
8.1.3.1 Summary of services provided:
8.1.3.1.1 Outreach
8.1.3.1.1.1 Total number of unduplicated contacts
8.1.3.1.1.2 Total number of unduplicated clients engaged in
the program
8.1.3.1.1.3 Total number of positive exits
8.1.3.1.1.4 Total number of clients that obtain receipt of
outside benefits
8.1.3.1.1.5 Total number of referrals received
8.1.3.1.1.6 Response time: same day, 1 day and 2 or more
days
8.1.3.1.2 Flex funds
8.1.3.1.2.1 Total number of applications received.
8.1.3.1.2.2 Total number of applications processed.
8.1.3.1.2.3 Total number of clients that obtained housing.
8.1.4 Collaborate with the City to establish a standard response time for outreach
referrals to be reported monthly.
8.2
The City shall:
8.2.1 Work collaboratively with the County and other Subregional Partners in
implementing the effort primarily through:
8.2.1.1 Regular meetings to create strategic plans and to review progress.
8.2.1.2 Facilitate Connection to key City departments and points of contact
to further the goal of the effort.
8.2.1.3 Identification of a primary point of contact to represent the City in
strategic plans, progress, and escalated issues.
8.2.1.4 Review data and findings to identify opportunities, where possible,
for sustainability of services beyond the term of this contract.
8.2.2 Reimburse the County for eligible expenses made against the Budget
specified in Attachment A.
9.0
TERMINATION
9.1
Under A.R.S. §38-511, either Party may cancel this Agreement without penalty or
further obligation within three years after execution of this Agreement if any person
significantly involved in initiating, negotiating, securing, drafting, or creating this
Agreement on behalf of the other Party is, at any time while this Agreement or any
extension of this Agreement is in effect, an employee or agent of any other party to
the Agreement in any capacity or consultant to any other Party of the Agreement
with respect to the subject matter of the Agreement. Additionally, under A.R.S § 38-
511, a 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 Party from any other Party to this Agreement arising as
the result of this Agreement.
9.2
Either Party may terminate this Agreement at any time by giving the other Party at
least thirty (30) calendar days prior notice in writing (unless terminated by the City
under the Availability of Funds provision). The notice shall be given by either mail or
via email to the persons listed in Section 10 (Notices) of this Agreement.
9.3
This Agreement may be terminated by mutual written agreement of the Parties
specifying the termination date therein.
City of Tolleson IGA Hand-In-Hand FY26
Page 6 of 18
9.4
The City has the right to terminate this Agreement upon twenty-four (24) hour notice
when the City determines that the health or welfare of the service recipients are
endangered, or the County’s non-compliance jeopardizes funding source financial
participation. If not terminated by one of the above methods, then this Agreement
shall terminate upon the expiration of the term stated on Page One of this Agreement
or expiration of any extended term described in Section 3.0
9.5
The County understands that the continuation of this Agreement is subject to the
budget of the City providing for the contract item as an expenditure. The City cannot
assure that the budget item for funding this Agreement will be approved in the future.
In such event, the City may terminate this Agreement.
10.0
NOTICES
Notifications and communications concerning this Agreement shall be directed to the
following:
County:
Name: KateLynn Dean
Title: Homeless Initiatives Program Manager
Maricopa County Human Services Department
234 N Central Avenue, Suite 3000
Phoenix, AZ 85004
Telephone: 602-506-4652
Email: katelynn.dean@maricopa.gov
City of Tolleson:
Name: George Good (Primary)
Title: Human Services Director
Address: Tolleson Civic Center, 9055 W. Van Buren St. Tolleson, AZ 85353
Telephone: 623-936-2717
Email: george.good@tolleson.az.gov
Name: Marc Simmons (Secondary)
Title: Human Services Supervisor
Address: Tolleson Civic Center, 9055 W. Van Buren St. Tolleson, AZ 85353
Telephone: 623-936-2709
Email: marc.simmons@tolleson.az.gov
11.0
EMPLOYMENT DISCLAIMER
11.1
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, and the rights and obligations of the Parties
shall be only those expressly set forth in this Agreement.
11.2
The City agrees that no individual performing under this Agreement on behalf of City
may be considered a County agent, employee, or representative and that no rights
of County civil service, County retirement, or County personnel rules shall accrue or
apply to any such individual. The City shall have total responsibility for all salaries,
wages, bonuses, retirement, withholdings, workers’ compensation, occupational
disease compensation, unemployment compensation, other employee benefits, and
all taxes and premiums appurtenant thereto concerning such individuals shall
indemnify, defend, and hold harmless the County with respect to the foregoing.
City of Tolleson IGA Hand-In-Hand FY26
Page 7 of 18
11.3
The County agrees that no individual performing under this Agreement on behalf of
County may be considered a City agent, employee, or representative and that no
rights of City civil service, City retirement, or City personnel rules shall accrue or
apply to any such individual. The County shall have total responsibility for all salaries,
wages, bonuses, retirement, withholdings, workers’ compensation, occupational
disease compensation, unemployment compensation, other employee benefits, and
all taxes and premiums appurtenant thereto concerning such individuals and the
County shall indemnify, defend, and hold harmless the City with respect to the
foregoing.
12.0
SAFEGUARDING OF PARTICIPANT INFORMATION
The use or disclosure by either Party of any information concerning an applicant for, or
recipient of, service under this Agreement is directly limited to the conduct of this Agreement.
The County and any and all of its agents, representatives, officials, officers, directors,
employees, volunteers, departments, agencies, boards, and committees, and commissions
shall safeguard the confidentiality of this information, just as they would safeguard their own
confidential information.
13.0
RECIPROCAL INDEMNIFICATION
Each Party (as “Indemnitor”) agrees to indemnify, defend, and hold harmless the other
Party and its officers, officials, employees, and agents (collectively, “Indemnitees”) from
and against all claims, losses, liability, costs, or expenses (including reasonable attorneys’
fees, expert fees and other litigation costs) (collectively referred to as “Claims”) either
arising from or related to breach of this Agreement, property damage, or bodily injury
(including death) of any person, but only to the extent that such Claims are caused by the
act, omission, negligence, misconduct, or other fault of the Indemnitor or any of its officers,
officials, agents, representatives, directors, employees, volunteers, departments,
agencies, boards, committees, and commissions. The obligations under this Section 13.0
shall survive termination of this Agreement.
14.0
LIMITATION ON LIABILITY
The Parties hereby mutually agree that each Party and their respective agents,
representatives, officials, officers, directors, employees, volunteers, departments,
agencies, boards, committees, and commissions shall not be liable for any act or omission
by the other Party or any and all of its agents, representatives, officials, officers, directors,
employees, volunteers, departments, agencies, boards, committees, or commissions
occurring in the performance of this , nor shall the Parties and their respective agents,
representatives, officials, officers, directors, employees, volunteers, departments,
agencies, boards, committees, and commissions be liable for purchases or contracts
made by the other Party or any and all of its agents, representatives, officials, officers,
directors, employees, volunteers, departments, agencies, boards, committees, or
commissions in connection with this Agreement, except as otherwise provided by law.
City of Tolleson IGA Hand-In-Hand FY26
Page 8 of 18
15.0
INSURANCE
The City of Tolleson is a Public entity and shall provide the County with a Certificate of Self-
Insurance equal to:
General Aggregate: $3,000,000
Each Occurrence Limit: $1,000,000
1. Mail COI to:
Maricopa County
c/o Risk Management
301 W Jefferson St., Suite 910
Phoenix, AZ 85003
2. Cancellation and Expiration Notice:
Applicable to all insurance policies required within the insurance requirements of this
contract, (insert party name) insurance shall not be permitted to expire, be suspended, be
canceled, without 30 days prior written notice to Maricopa County. Such notice shall be sent
directly to Maricopa County Human Services Department and shall be mailed, or hand
delivered to 234 N. Central Avenue, Phoenix, AZ 85004, or emailed to the Human Services
representative noted in the Contract.
16.0
EQUAL EMPLOYMENT OPPORTUNITY
16.1
The Parties 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.
16.2
The Parties 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.
16.3
The Parties will, in all solicitations or advertisements for employees placed by or on
behalf of the City, state that it is an Equal Opportunity or Affirmative Action employer.
16.4
The Parties shall post on public display for all employees that it is an Equal
Opportunity or Affirmative Action employer.
16.5
The Parties shall and shall cause their respective contractors and subcontractors to
comply with:
16.5.1 Title VI and VII of the Civil Rights Act of 1964, as amended (42 U.S.C. §§
2000a, et seq.);
16.5.2 the Rehabilitation Act of 1973, as amended (29 U.S.C. §§ 701, et seq.).
16.5.3 the Age Discrimination in Employment Act of 1967, as amended (29 U.S.C.
§§ 621, et seq.);
16.5.4 the Americans With Disabilities Act of 1990 (42 U.S.C. §§ 12101, et seq.);
and
16.5.5 Arizona Executive Order 2009-09, as amended, et seq. which mandates that
all persons shall have equal access to employment opportunities.
16.6
The Parties shall include the above listed provisions in every subcontract or
purchase order, specifically or by reference. The inclusion of these provisions is
binding and a requirement of this Agreement.
City of Tolleson IGA Hand-In-Hand FY26
Page 9 of 18
17.0
IMMIGRATION LAWS AND REGULATIONS
17.1
Federal Immigration and Nationality Act
17.1.1 The City understands and acknowledges the applicability of the Immigration
Reform and Control Act of 1986 (“IRCA”). The City agrees to comply with the
IRCA in performing under this Agreement and to permit the other Party to
reasonably inspect personnel records to verify such compliance, to the
extent required by law.
17.1.2 By entering into this Agreement, the City warrant compliance with the
Federal Immigration and Nationality Act (“FINA”) and all other federal
immigration laws and regulations related to the immigration status of its
employees. The City shall obtain statements from their subcontractors
certifying compliance and shall furnish the statements to the County upon
request. These warranties shall remain in effect through the term of the
Agreement. The City and their subcontractors shall also maintain
Employment Eligibility Verification forms (“I-9”) as required by the U.S.
Department of Labor’s Immigration and Control Act for all employees
performing work under the Agreement. I-9 forms are available for download
at USCIS.GOV.
17.1.3 The County may request verification of compliance for any employee,
contractor or subcontractor performing work under the Agreement. Should
the County suspect or find that the City or any of its contractors or
subcontractors are not in compliance, then the County may pursue any and
all remedies allowed by law, including, but not limited to: suspension of
work, termination of the Agreement for default, and suspension or
debarment (or both) of the City. All costs necessary to verify compliance
are the responsibility of the City or its contractors or subcontractors.
17.2
Arizona Law: The Parties warrant that they are in compliance with A.R.S. § 41-4401
(E-Verify requirements) and further acknowledge that:
17.2.1 The Parties and their respective Vendors, if any, warrant their compliance
with all federal immigration laws and regulations that relate to their
employees and their compliance with A.R.S. § 23-214;
17.2.2 A breach of a warranty under Subparagraph 17.2.1 shall be deemed a
material breach of this Agreement and either Party may immediately
terminate this Agreement without liability; and
17.2.3 The Parties and any respective contracting government entity retain the legal
right to inspect the papers and employment records of the other Party or its
Vendor’s or Subcontractor’s employees who work on this Agreement to
ensure that the other Party or Subcontractor or Vendor is complying with the
warranty provided under Subparagraph 17.2.1 and that the Parties mutually
agrees to make all papers and employment records of those employees
available during normal working hours in order to facilitate such an
inspection.
18.0
RIGHTS/OBLIGATIONS OF PARTIES ONLY
The terms of this Agreement are intended only to define the respective rights and
obligations of the Parties. Nothing in this Agreement shall create any rights or duties in
favor of any potential third-party beneficiary or other person, agency, or organization.
Nothing in this Agreement shall affect the legal liabilities of either Party by imposing any
standard of care different from the standard of care imposed by law.
City of Tolleson IGA Hand-In-Hand FY26
Page 10 of 18
19.0
ENTIRE AGREEMENT
This Agreement contains the entire understanding of the Parties. There are no
representations or other provisions besides those contained in either this Agreement or in
any written amendments approved and signed by both Parties.
20.0
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.
21.0
FORCE MAJEURE
21.1
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.
21.2
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.
21.3
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.
22.0
SYSTEM FOR AWARD MANAGEMENT
The City 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 City must remain current with their
registration throughout the term of the Agreement per 2 C.F.R. § 25.300; Appendix A to 2
C.F.R. § 25.
23.0
ADMINISTRATIVE CHANGE ORDERS
23.1
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:
23.1.1 Modifications to the project timeline if the last day of the project timeline
is within the Agreement term;
City of Tolleson IGA Hand-In-Hand FY26
Page 11 of 18
23.1.2 Modifications to Budget line items if the Agreement amount remains
unchanged;
23.1.3 Modifications required by federal, state, or County regulations,
ordinances, or policies; and/or
23.1.4 Modifications to Administrative requirements such as changes in
reporting periods, frequency of reports, or report formats required by
federal, state, and local regulations, policies, or requirements.
24.0 EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM
EMPLOYEES OF WHISTLEBLOWER RIGHTS
24.1
The Parties agrees that this Agreement and their employees working on this
Agreement will be subject to the whistleblower rights and remedies in the federal
pilot program established at 41 U.S.C. § 4712 by Section 828 of the National
Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112–239) and Section
3.908 of the Federal Acquisition Regulation;
24.2
The City shall inform its employees in writing, in the predominant language of the
workforce, of employee whistleblower rights and protections under 41 U.S.C. §
4712, as described in Section 3.908 of the Federal Acquisition Regulation.
Documentation of such employee notification must be kept on file by the City and
copies provided to County upon request; and
24.3
The Parties shall insert the substance of this clause, including this Paragraph 24.0,
in all subcontracts over the agreed upon simplified acquisition threshold ($250,000
as of June 2021).
25.0
UNIFORM ADMINISTRATIVE REQUIREMENTS
By entering into this Agreement, the Parties agree to comply with all applicable provisions
of
Title
2,
Subtitle
A,
Chapter
II,
Part
200—UNIFORM
ADMINISTRATIVE
REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL
AWARDS contained in Title 2 C.F.R. §§ 200, et seq, and OMB Circulars.
26.0
RETENTION OF RECORDS
26.1
This provision applies to all financial and programmatic records, supporting
document, statistical records, and other records of the City that are related to this
Agreement.
26.2
The City shall retain all records relevant to this Agreement for six (6) years after
project closeout 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 shall have full access to, and the
right to examine, copy, and make use of any and all of the records. Any such access
shall be coordinated with the City, which shall include, without limitation, restricting
audits to the normal business hours of the City and being accompanied with City
staff while on site.
27.0
ADEQUACY OF RECORDS
If the City’s books, records and other documents related to this Agreement are not
reasonably sufficient to support and document that allowable services were provided to
eligible participants as determined by a court of competent jurisdiction, then the City shall
reimburse the County for the services not supported and/or documented.
28.0
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND
VOLUNTARY EXCLUSION
City of Tolleson IGA Hand-In-Hand FY26
Page 12 of 18
28.1
The undersigned, by signing this Agreement, represents that he/she has the
authority to bind the City to the terms of this Certification. The City, 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:
28.1.1 Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any federal
department or agency;
28.1.2 Have not within a 3-year period preceding the Start Date of this Agreement,
been convicted of or had a civil judgment rendered against them for: (1) the
commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (federal, State, or local)
transaction or a contract under a public transaction; (2) the violation of any
federal or State antitrust statutes; or (3) the commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property
28.1.3 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 21.1.2 above; and
28.1.4 Have not, within a three-year period preceding the Start Date of this this
Agreement, had one or more public transactions (federal, state, or local)
terminated for cause or default.
The City 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.
29.0
STRICT COMPLIANCE
One Party’s acceptance of the other Party’s performance that is not in strict compliance with
the terms of this Agreement, shall not be deemed to waive the requirements of strict
compliance for all future performance. All changes in performance obligations under this
Agreement shall be in writing and signed by both Parties.
30.0
DISPUTES
30.1
Except as otherwise provided for in this Agreement, the Parties may attempt to
informally resolve any dispute arising out of this Agreement for a reasonable period
of time, but which shall not exceed ninety (90) calendar days. Disputes which are
not resolved in that time period shall be submitted in accordance with the following
formal dispute resolution process.
30.2
Notice of the specific grounds of a formal dispute shall be in writing and filed with the
County Representative listed in the Notices paragraph within ten (10) business days
from the expiration of the informal dispute resolution process described above in
30.1.
30.3
The County Representative shall respond in writing to the City within fourteen (14)
business days. The decision of the County Representative shall be final and
conclusive unless, within seven (7) business days after the date the City is served
with the decision, the City files a written notice of appeal with the Human Services
Department Director.
30.4
The Department Director shall provide the City with a written response within
fourteen (14) business days following receipt of the notice of appeal. The decision
of the Director shall be final.
30.5
In the event the City disagrees with the Director’s decision, the City shall have every
existing and future right or remedy available by law or in equity to resolve the dispute.
City of Tolleson IGA Hand-In-Hand FY26
Page 13 of 18
If the Parties fail to come to a resolution through the dispute process set forth in this
Section 30.0, either Party may pursue formal litigation.
31.0
CLEAN AIR ACT
If the total face value of this Agreement exceeds $100,000, the Parties agree 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
Parties 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 Party 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 Parties warrant that none of their costs and none of the costs incurred by them or any
of their contractors or subcontractors will include any expense related to any religious
activities.
34.0
POLITICAL ACTIVITY PROHIBITED
None of the funds, materials, property, or services contributed by the County under this
Agreement shall be used for any partisan political activity, or to further the election or defeat
of any candidate for public office.
35.0
COVENANT AGAINST CONTINGENT FEES
The City warrants that no persons or entities have been employed or retained by it to solicit
or secure this Agreement upon an agreement or understanding for a commission,
percentage, brokerage, or contingent fee. For breach or violation of this warranty, the
County may immediately terminate this Agreement without liability.
36.0
RECOGNITION OF COUNTY SUPPORT
The City shall give recognition to the County and the funding source for its support when
the City publishes materials or releases public information that is paid for in whole or in part
with funds received by the City under this Agreement.
37.0
ASSIGNMENT AND SUBCONTRACTING
No right, liability, obligation, or duty under this Agreement may be assigned, delegated, or
subcontracted, in whole or in part, without the prior written approval of the other Party.
City of Tolleson IGA Hand-In-Hand FY26
Page 14 of 18
38.0
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 the Agreement. This
provision applies to all work performed by Cities or Subcontractors at all tiers.
39.0
ADMINISTRATIVE REQUIREMENTS
39.1
Accounting Standards – The City agrees to comply with this Agreement and to
adhere to the accounting principles and procedures required to utilize adequate
internal controls and maintain necessary source documentation for all costs
incurred, as well as any applicable federal laws and regulations. The City further
agrees to maintain an adequate accounting system that provides for appropriate
grant accounting (including calculation of program income).
39.2
Documentation and Record Keeping - The City agrees to comply with this
Agreement and the following record keeping requirements:
39.2.1 Records to be maintained – The City shall maintain all financial records as
required by 2 C.F.R. § 200, and OMB Circulars;
39.2.2 Property Records - The City 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.
40.0
WRITTEN CERTIFICATION PURSUANT TO A.R.S. § 35-393.01
If the City 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 City certifies it is not currently
engaging in and agrees for the duration of this Agreement not to engage in, a boycott of
goods or 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.
41.0
DEFAULT AND REMEDIES FOR NONCOMPLIANCE
41.1
Notwithstanding anything to the contrary, this Section shall not be deleted or
superseded by any other provision of this Agreement.
41.2
This Agreement may be immediately terminated by a Party if the other Party
defaults by failing to perform any objective or breaches any obligation under this
Agreement, or any event occurs that jeopardizes the other Party’s ability to perform
any of its obligations under this Agreement.
41.3
Failure to comply with the requirements of this Agreement and all the applicable
federal, state, or local laws, rules, and regulations may result in suspension or
termination of this Agreement, the return of unexpended funds (less just
compensation for work satisfactorily completed that, to date, had not been
reimbursed), the reimbursement of funds improperly expended, or the recovery of
funds improperly acquired. Noncompliance includes, but is not limited to:
41.3.1 Non-performance of any obligations required by this Agreement.
41.3.2 Noncompliance with any applicable federal, state, or local laws, rules, or
regulations.
City of Tolleson IGA Hand-In-Hand FY26
Page 15 of 18
41.3.3 Noncompliance with applicable financial record requirements, accounting
principles, or standards established by OMB circulars and 2 C.F.R. §§ 200
et seq.
41.3.4 Noncompliance with recordkeeping, record retention, or reporting
requirements.
41.4
Notwithstanding the suspension or termination of this Agreement, or the final
determination of the proper disposition of funds, the Parties, without intent to limit
or with restrictions, be subject to the following:
41.4.1 Acknowledge that suspension or termination of this Agreement does not
affect or terminate any rights against any Party at the time of suspension
or termination, or that may accrue later. Nothing herein shall be construed
to limit or terminate any right or remedy available under this Agreement.
41.4.2 Waiver of a breach or default of any term, covenant, or condition of this
Agreement or any federal, state, or local law, rule, or regulation shall not
operate as a waiver of any subsequent breach of the same or any other
term, covenant, condition, law, rule, or regulation.
41.5
Each Party 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/or 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.
42.0
SINGLE AUDIT ACT REQUIREMENTS
The City 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 City 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 City shall take corrective action 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 the County that the City is not in compliance with the audit requirements.
43.0
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.
44.0
SEVERABILITY
The Parties agree that should any part of this Agreement be held invalid or void, the
remainder of this Agreement shall remain in full force and effect and shall be binding on
the Parties.
45.0
CHOICE OF LAW: VENUE
This Agreement shall be construed in accordance with and governed by the laws of the
State of Arizona. The proper venue for any proceedings relating to this Agreement shall
be Maricopa County, Arizona.
City of Tolleson IGA Hand-In-Hand FY26
Page 16 of 18
46.0
AUTHORIZATION
Each Party warrants to the other Party that the appropriate governing body of the Party
has authorized approval and signature of this Agreement.
47.0
UYGHUR FORCED LABOR PREVENTION ACT (UFLPA)
47.1
The Parties mutually warrant and certify that they do not currently, and agree for
the duration of this Agreement that they will not use:
47.1.1 The forced labor of ethnic Uyghurs in the People’s Republic of China.
47.1.2 Any goods or services produced by the forced labor of ethnic Uyghurs in
the People’s Republic of China.
47.1.3 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.
47.2
If either of the Parties become aware during the term of this Agreement that they
are not in compliance with this paragraph, the Party(ies) shall notify the other within
five business days after becoming aware of the noncompliance. Failure of either
Party to provide a written certification that the other Party 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.
48.0
ACRONYMS AND DEFINITIONS
Acronyms and Definitions found under 2 C.F.R. §§ 200.0 & 200.1 are hereby incorporated
by reference.
[Signatures are contained on the following page]
City of Tolleson IGA Hand-In-Hand FY26
Page 17 of 18
IN WITNESS, the Parties have approved and signed this Agreement:
FOR THE CITY OF TOLLESON:
Juan F. Rodriguez, Mayor Date
FOR MARICOPA COUNTY:
Thomas Galvin, Chairman Date
Board of Supervisors
Attested to:
Crystal Zamora, City Clerk Date
Attested to:
Juanita Garza, Clerk of the Board Date
IN ACCORDANCE WITH A.R.S. §§ 9-240 AND
11-952, THIS
AGREEMENT
HAS
BEEN
REVIEWED
BY
THE
UNDERSIGNED
ATTORNEY WHO HAS DETERMINED THIS
AGREEMENT IS PROPER IN FORM AND
WITHIN THE POWERS AND AUTHORITY
GRANTED TO THE CITY OF 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 IGA Hand-In-Hand FY26
Page 18 of 18
ATTACHMENT A: BUDGET
Fiscal Year 2026
HAND IN HAND- TOLLESON - ANNUAL BUDGET
NUMBER OF
POSTIONS
POSITION TITLE
SALARY
PER
POSITION
TOTAL
SERVICE
COST
CITY OF
TOLLESON
COST
5
Street Outreach
Case Managers
$59,690.20
$298,451.00
$5,000