TOWN OF GILA BEND REVISED IGA.PDF

Town of Gila Bend – Waterline Replacement PY22/FY23 IGA 
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INTERGOVERNMENTAL AGREEMENT 
FOR SERVICES BETWEEN 
MARICOPA COUNTY 
ADMINISTERED BY ITS 
HUMAN SERVICES DEPARTMENT 
AND 
TOWN OF GILA BEND 
 
Contract Number: C-22-23-057-X-00 
Contract Amount:  
$427,000 
 
Contract Start Date:  January 25, 2023 
 
 
Contract Termination Date:  September 1, 2024 
 
 
ALN Number:  14.218 – Community Development Block Grant 
 
UEI #:  PLMNT8KC2115 
 
 
 
This Intergovernmental Agreement “Agreement” is entered into between the Town of Gila Bend 
(“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. All 
rights and obligations of the Parties shall be governed by the terms of this Agreement, its exhibits, 
attachments, and appendices, including any Subcontracts, Amendments, or Change Orders as 
set forth in this Agreement and in: 
 
Section 1 – General Provisions 
Section 2 – Special Provisions 
Section 3 – Work Statement 
Section 4 – Budget and 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. 
 
IN WITNESS, the Parties have approved and signed this Agreement: 
 
APPROVED BY: 
 
THE TOWN OF GILA BEND 
 
 
 
 
 
 
 
 
 
 
Tommy Sikes                                         Date 
Mayor 
APPROVED BY: 
 
MARICOPA COUNTY 
 
 
 
 
 
 
 
 
 
 
Chairman, Board of Supervisors            Date 
 
 
Attested to: 
 
 
 
 
 
 
 
 
 
 
Beverly Turner                                       Date 
Town Clerk 
 
Attested to: 
 
 
 
 
 
 
 
 
 
 
Juanita Garza                                        Date 
Clerk, Board of Supervisors

Town of Gila Bend – Waterline Replacement PY22/FY23 IGA 
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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 TOWN OF GILA BEND 
UNDER THE LAWS OF THE STATE OF 
ARIZONA. 
 
 
APPROVED AS TO FORM: 
 
 
 
 
 
 
 
 
 
 
Attorney for the Subrecipient                 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 
 
C-22-23-057-X-00

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SECTION 1 
 
GENERAL PROVISIONS 
 
 
 
 
Maricopa County 
Human Services Department

SECTION 1 
GENERAL PROVISIONS 
 
Town of Gila Bend – Waterline Replacement PY22/FY23 IGA 
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1.0 
PURPOSE 
The Subrecipient shall replace the Asbestos Cement Waterline to improve the drinking 
water quality for the residents of the Town of Gila Bend. The County shall provide the 
Subrecipient with U.S. Department of Housing and Urban Development (HUD) Community 
Development Block Grant (CDBG) funds for the provision of activities identified in Section 3 
(Work Statement). 
 
2.0 
TERM 
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, however, that 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 make changes 
within the general scope of the Agreement on behalf of the County through 
Administrative Change Orders. Administrative Change shall be approved and fully 
executed by the Chairman of the Board of Supervisors and the Subrecipient. 
Administrative Change Orders may address any of the following areas: 
5.1.1 Modifications to the project timeline if the last day of the project timeline is 
within the Agreement term; 
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 
5.1.4 Modifications to Administrative requirements such as changes in reporting 
periods, frequency of reports, or report formats required by HUD or local 
regulations, policies or requirements. 
5.2 
It is the responsibility of the Subrecipient to ensure the latest documents are 
consulted and followed. 
 
6.0 
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 
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.

SECTION 1 
GENERAL PROVISIONS 
 
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7.0 
TERMINATION 
7.1 
Under A.R.S. § 38-511, the County may cancel this Agreement without penalty or 
further obligation within three years after execution of this Agreement, if any person 
significantly involved in initiating, negotiating, securing, drafting or creating this 
Agreement on behalf of the County at any time while this Agreement or any 
extension of this Agreement is in effect, is or becomes an employee or agent of any 
other party to this Agreement in any capacity or consultant to any other party to this 
Agreement with respect to the subject matter of this Agreement. Additionally, 
pursuant to A.R.S. § 38-511, the County 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 County from any 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. 
7.2 
Either Party may terminate this Agreement at any time by giving the other Party at 
least sixty (60) calendar days prior notice in writing (unless terminated by 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. 
7.3 
The County has the right to terminate this Agreement upon twenty-four (24) hour 
notice when the County deems the health or welfare of the service recipients are 
endangered or 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. 
7.4 
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. 
7.5 
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. 
 
8.0 
DEFINITIONS 
As used throughout this Agreement, the following terms shall have the following meanings: 
8.1 
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. 
8.2 
Assistance Listing Number (ALN) means the Assistance Listing Number (ALN), 
formerly known as Catalog of Federal Domestic Assistance (CFDA), is related to 
Federal programs, projects, services, and activities that provide assistance or 
benefits to the American public. 
8.3 
CDAC means the Community Development Advisory Committee, which acts in an 
advisory capacity on matters concerning the Maricopa County Community 
Development Block Grant (CDBG) program, including funding recommendations, 
fair housing, and housing affordability issues affecting low/moderate-income 
people. 
8.4 
Department means the Maricopa County Human Services Department. 
8.5 
Director means the Director of the Maricopa County Human Services Department.

SECTION 1 
GENERAL PROVISIONS 
 
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8.6 
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. 
8.7 
Public Agency has the meaning prescribed by A.R.S. § 11-951. 
8.8 
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. 
8.9 
Subcontractor means an entity funded through the Subrecipient to provide services 
required by the Work Statement. 
8.10 
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. 
8.11 
Unique Entity identifier (UEI) is a number issued by the System for Award 
Management (SAM) to identify businesses and other entities that do business with 
the federal government. 
8.12 
Women’s Business Enterprise (WBE) means an entity in which a woman has 
majority ownership and control. 
 
9.0 
GENERAL REQUIREMENTS 
9.1 
The terms of this Agreement shall be construed in accordance with Arizona law and 
applicable Federal laws and regulations of the United State Department of Housing 
and Urban Development (HUD). Any lawsuit arising out of this Agreement shall be 
brought in the appropriate court in Maricopa County, Arizona. 
9.2 
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. 
9.3 
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. 
9.4 
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. 
9.5 
For purposes of this provision, the terms "substantial interest" and "relative" shall 
have the meanings prescribed by A.R.S. § 38-502. 
 
10.0 
ASSIGNMENT AND SUBCONTRACTING 
10.1 
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. 
10.2 
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.

SECTION 1 
GENERAL PROVISIONS 
 
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10.3 
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. 
 
11.0 
AVAILABILITY OF FUNDS 
11.1 
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. 
11.2 
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. 
 
12.0 
BUDGET ADJUSTMENTS 
12.1 
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. 
12.2 
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 approved 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. 
 
13.0 
DISPUTES 
13.1 
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. 
Disputes which are not resolved in that time period shall be submitted in accordance 
with the following formal dispute resolution process. 
13.2 
Notice of the specific grounds of a dispute shall be in writing and filed with the County 
Representative listed in Section 3 (Work Statement), Notices paragraph, within ten 
(10) business days from the date the Subrecipient knew or should have known of 
the basis of the dispute.

SECTION 1 
GENERAL PROVISIONS 
 
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13.3 
The County Representative shall respond in writing to the Subrecipient within 
fourteen (14) business days. The decision of the County Representative shall be 
final and conclusive unless, within seven (7) business days after the date the 
SUBRECIPIENT is served with the decision, the Subrecipient files a written notice 
of appeal with the Human Services Department Director. 
13.4 
The Department Director shall provide the Subrecipient with a written response 
within fourteen (14) business days following receipt of the notice of appeal. The 
decision of the Director shall be final and not appealable. 
13.5 
Pending a final decision of the Director, the Subrecipient shall diligently proceed with 
its performance of this Agreement in accordance with the County Representative’s 
decision. 
 
14.0 
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. 
 
15.0 
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. 
 
16.0 
AUDIT REQUIREMENTS 
16.1 
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: 
16.1.1 Audited financial statements prepared in accordance with federal single 
audit requirements; or 
16.1.2 Financial statements prepared in accordance with generally accepted 
accounting principles audited by an independent certified public 
accountant; or 
16.1.3 A Comprehensive Annual Financial Report, prepared in accordance with 
generally accepted accounting principles audited by an independent 
certified public accountant. 
 
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

SECTION 1 
GENERAL PROVISIONS 
 
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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 
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

SECTION 1 
GENERAL PROVISIONS 
 
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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. 
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. Any procurement in violation of this 
provision shall be considered a financial audit exception.

SECTION 1 
GENERAL PROVISIONS 
 
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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. 
 
23.0 
PROPERTY 
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 
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. 
 
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 District 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.

SECTION 1 
GENERAL PROVISIONS 
 
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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 
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. 
 
29.0 
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. 
 
30.0 
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. 
 
31.0 
LOBBYING 
31.1 
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. 
31.2 
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. 
 
32.0 
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 any religious activities.

SECTION 1 
GENERAL PROVISIONS 
 
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33.0 
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. 
 
34.0 
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. 
 
35.0 
CONFIDENTIAL INFORMATION 
35.1 
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. 
35.2 
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 
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. 
35.3 
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. 
 
36.0 
SAFEGUARDING OF PARTICIPANT INFORMATION 
36.1 
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. 
36.2 
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. 
36.3 
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. 
 
37.0 
RIGHTS IN DATA 
The Parties shall have the use of data and reports resulting from this Agreement without 
cost or other restriction, except as otherwise provided by law or applicable regulation. Each

SECTION 1 
GENERAL PROVISIONS 
 
Town of Gila Bend – Waterline Replacement PY22/FY23 IGA 
Page 14 of 39 
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. 
 
38.0 
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. 
 
39.0 
AGREEMENT COMPLIANCE MONITORING/AUDITING 
39.1 
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 
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. 
39.2 
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: 
39.2.1 Financial Management 2 C.F.R. § 200.302 
39.2.2 Internal Controls 2 C.F.R. § 200.303 
39.2.3 Bonds 2 C.F.R. § 200.304 
39.2.4 Payment and Financial Reporting 2 C.F.R. § 200.305 
39.2.5 Cost Sharing or Matching 2 C.F.R. § 200.306 
39.2.6 Program Income 2 C.F.R. § 200.307 
39.2.7 Revision of Budget and Program Plans 2 C.F.R. § 200.308 
39.2.8 Modifications to Period of Performance 2 C.F.R. § 200.309 
39.2.9 Insurance Coverage 2 C.F.R. § 200.310 
39.2.10 
Record Retention and Access 2 C.F.R. §§ 200.334 – 200.338 
39.2.11 
Procurement Standards 2 C.F.R. § 200.318 
39.2.12 
Indirect Costs 2 C.F.R. § 200.414 
39.2.13 
Compensation-Personal Services 2 C.F.R. § 200.430 
39.2.14 
Audit Requirements 2 C.F.R. §§ 200.501-200.517 
 
40.0 
CONTINGENCY RELATING TO OTHER AGREEMENTS AND GRANTS 
40.1 
The Subrecipient shall, during the term of this Agreement, within 15 business days 
from acceptance, inform the County Representative 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 County of such award shall be considered a violation of this Agreement 
and the County may immediately terminate this Agreement without liability. 
40.2 
The County Representative may request, and the Subrecipient shall provide within 
a reasonable time, which shall not exceed ten (10) business days, a copy of all such 
other agreements or grants, when, in the opinion of the County Representative, the 
award of the agreement or grant may affect the costs being paid or reimbursed under 
this Agreement.

SECTION 1 
GENERAL PROVISIONS 
 
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40.3 
If the County Representative determines that the award to the Subrecipient of such 
other agreements or grants has affected the costs being paid or reimbursed under 
this Agreement, then the County Representative shall prepare an amendment to this 
Agreement affecting a cost adjustment. If the Subrecipient disputes the proposed 
cost adjustment, then the dispute shall be resolved pursuant to the "Disputes" 
paragraph of this Agreement. 
 
41.0 
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. 
 
42.0 
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. 
 
43.0 
GRIEVANCE PROCEDURE 
The Subrecipient shall establish a system through which applicants for, and recipients of, 
services may present grievances and may take appeals about eligibility and other aspects 
of the Subrecipient’s work under this Agreement. The grievance procedure shall include 
provisions for notifying the applicants for, and recipients of, services of their eligibility or 
ineligibility for service and their right to appeal to the 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 accommodations for persons with 
disabilities. 
 
44.0 
NONDISCRIMINATION, EQUAL OPPORTUNITY AND EQUAL ACCESS 
44.1 
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. 
44.2 
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). 
 
45.0 
EQUAL EMPLOYMENT OPPORTUNITY 
45.1 
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.

SECTION 1 
GENERAL PROVISIONS 
 
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Page 16 of 39 
45.2 
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. 
45.3 
The Subrecipient shall and shall cause its Subcontractors to comply with: 
45.3.1 Title VI and VII of the Civil Rights Act of 1964, as amended (42 U.S.C. §§ 
2000a, et seq.); 
45.3.2 the Rehabilitation Act of 1973, as amended (29 U.S.C. §§ 701, et seq.); 
45.3.3 the Age Discrimination in Employment Act of 1967, as amended (29 U.S.C. 
§§ 621, et seq.); 
45.3.4 the Americans With Disabilities Act of 1990 (42 U.S.C. §§ 12101, et seq.); 
and 
45.3.5 Arizona Executive Order 2009-09, as amended, et seq. which mandates that 
all persons shall have equal access to employment opportunities. 
 
46.0 
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. 
 
47.0 
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. 
 
48.0 
FINANCIAL MANAGEMENT 
48.1 
The Subrecipient agrees to maintain an adequate accounting system that provides 
for appropriate grant accounting (including calculation of program income). 
48.2 
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. 
48.3 
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. 
48.4 
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.

SECTION 1 
GENERAL PROVISIONS 
 
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Page 17 of 39 
49.0 
RETENTION OF RECORDS 
49.1 
This provision applies to all financial and programmatic records, supporting 
document, statistical records, and other records of the Subrecipient that are related 
to this Agreement. 
49.2 
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. 
 
50.0 
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. 
 
51.0 
VERIFICATION REGARDING COMPLIANCE WITH A.R.S. §41-4401 AND FEDERAL 
IMMIGRATION LAWS AND REGULATIONS 
51.1 
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. 
51.2 
The County retains the legal right to inspect Subrecipient and subcontractor 
employee documents performing work under this Agreement to verify compliance 
with paragraph 51.1 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. 
 
52.0 
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.

SECTION 1 
GENERAL PROVISIONS 
 
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53.0 
EMPLOYMENT DISCLAIMER 
53.1 
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. 
53.2 
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 
and premiums appurtenant thereto concerning such individuals and shall save and 
hold the County harmless with respect thereto. 
53.3 
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. 
 
54.0 
CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY AND 
VOLUNTARY EXCLUSION 
54.1 
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: 
54.1.1 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; 
54.1.2 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; 
54.1.3 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 54.1.2 above; and 
54.1.4 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. 
54.2 
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.

SECTION 1 
GENERAL PROVISIONS 
 
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55.0 
SUBRECIPIENT EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO 
INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS: 
55.1 
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; 
55.2 
The Subrecipient shall inform its employees in writing, in the predominant 
language of the workforce, of employee whistleblower rights and protections under 
41 U.S.C. § 4712, as described in section 3.908 of the Federal Acquisition 
Regulation. Documentation of such employee notification must be kept on file by 
the Subrecipient and copies provided to County upon request; and 
55.3 
The Subrecipient shall insert the substance of this clause, including this Paragraph 
55.0, in all subcontracts over the simplified acquisition threshold ($250,000 as of 
June 2021). 
 
56.0 
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. 
 
57.0 
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. 
 
58.0 
FORCE MAJEURE 
58.1 
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. 
58.2 
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. 
58.3 
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.

SECTION 1 
GENERAL PROVISIONS 
 
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59.0 
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.

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SECTION 2 
 
SPECIAL PROVISIONS 
 
 
 
 
Maricopa County 
Human Services Department

SECTION 2 
SPECIAL PROVISIONS 
 
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Page 22 of 39 
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. Refer to Paragraph 
21.0, (Default and Remedies for Noncompliance) in the General Provisions. 
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. 
 
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. 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: 
3.2.1 program income shall be tracked by the Subrecipient and accounted for in 
a separate fund or account; 
3.2.2 documentation supporting the amount of program income received shall be 
submitted quarterly with the quarterly progress report; and 
3.2.3 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. 
3.3 
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 
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. 
 
5.0 
ADMINISTRATIVE REQUIREMENTS 
5.1 
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).

SECTION 2 
SPECIAL PROVISIONS 
 
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Page 23 of 39 
5.2 
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. 
5.3 
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 alternative terms be 
accomplished later than sixty (60) calendar days following the written 
determination of noncompliance by the County. 
5.4 
Documentation and Record Keeping - The Subrecipient shall comply with the 
following record keeping requirements: 
5.4.1 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: 
5.4.1.1 Records providing a full description of each activity undertaken; 
5.4.1.2 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; 
5.4.1.3 Records required for determining the eligibility of activities;  
5.4.1.4 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); 
5.4.1.5 Records that demonstrate citizen participation; 
5.4.1.6 Records that demonstrate compliance regarding acquisitions, 
displacement, relocation, and replacement housing; 
5.4.1.7 Records documenting compliance with the fair housing and equal 
opportunity components of the CDBG program; 
5.4.1.8 Financial records as required by 24 C.F.R. Part 570.502, 2 C.F.R. 
§ 200, and OMB Circulars; 
5.4.1.9 
Other records necessary to document compliance with 
Subpart K of 24 C.F.R. § 570; 
5.4.1.10 
Records documenting compliance with Section 3 of the 
Housing Development Act of 1968; and 
5.4.1.11 
Records documenting all procurement decisions and 
processes, including but not limited to quotes, bids, 
proposals, and bidder lists. 
5.4.2 Public Facilities - Records that demonstrate continuing ownership and 
eligible use of facility according to CDBG regulations. 
5.4.3 Outcome Measures – The Subrecipient shall maintain data that supports 
the accomplishment of the desired outcomes as indicated in the Work 
Statement.

SECTION 2 
SPECIAL PROVISIONS 
 
Town of Gila Bend – Waterline Replacement PY22/FY23 IGA 
Page 24 of 39 
5.4.4 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. 
5.4.5 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. 
5.4.6 Client Data - The Subrecipient shall maintain client data: 
5.4.6.1 Demonstrating client eligibility for services provided. Such data 
shall include, but not be limited to, client name, address, income 
level or other basis for determining eligibility, and 
5.4.6.2 Required to meet reporting requirements including client race and 
ethnicity, and a description of the service(s) provided. 
5.4.7 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. 
5.4.8 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. 
5.4.9 The Subrecipient hereby agrees to have an Annual Audit conducted in 
accordance with Maricopa County Human Services’ Admin Manual – 
Community Development. The Annual Audit requirement is applicable 
regardless of the amount of funding received by Subrecipients via this 
Agreement. 
5.4.10 Continuing Use Requirements - If the activity is a public facility, the 
Subrecipient shall provide the County, on an annual basis, a Certificate of 
Use Statement certifying that the facility is being used to meet a national 
objective and eligible activity. 
5.5 
Performance Monitoring - The County shall monitor the Subrecipient to determine 
if CDBG -funded activities are implemented and administered in accordance with 
this Agreement and all applicable federal requirements and gauge performance of 
the Subrecipient against goals and performance standards required 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.

SECTION 2 
SPECIAL PROVISIONS 
 
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5.6 
Subcontracts 
5.6.1 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. 
5.6.2 UEI Number: All Subcontractors shall have a valid UEI number and an 
active profile in the federal System for Award Management (SAM). 
5.6.3 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. 
5.6.4 Section 3 of the Housing and Urban Development Act of 1968 - The 
Subrecipient shall include the Section 3 clause in Subcontracts, as 
required, and shall take appropriate action under the Subcontract upon a 
finding that the Subcontractor is in violation of regulations issued by 
HUD/County. The Subrecipient shall not subcontract with any entity where 
it has notice or knowledge that the latter has been found in violation of 
regulations under 24 C.F.R. Part 75 Subpart C. 
5.6.5 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. 
5.6.6 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. 
 
6.0 
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. 
 
7.0 
ENVIRONMENTAL CONDITIONS 
7.1 
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. 
7.2 
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

SECTION 2 
SPECIAL PROVISIONS 
 
Town of Gila Bend – Waterline Replacement PY22/FY23 IGA 
Page 26 of 39 
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. 
7.3 
Air and Water - The Subrecipient agrees to comply with the following requirements 
insofar as they apply to the performance of this Agreement: 
7.3.1 Clean Air Act, 42 USC § 7401, et seq., as amended. 
7.3.2 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. 
7.3.3 Environmental Protection Agency (EPA) regulations pursuant to 40 C.F.R. 
Part 50, as amended. 
7.3.4 The Subrecipient agrees to comply with conditions set forth by the Air 
Quality Department or other County agency, as required. 
7.4 
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.). 
7.5 
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 
included on any state or local historic property inventory or any archaeological 
findings. 
7.6 
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. 
 
8.0 
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

SECTION 2 
SPECIAL PROVISIONS 
 
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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. 
 
9.0 
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. 
 
10.0 
ADDITIONAL CERTIFICATIONS AND WARRANTIES 
10.1 
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 10.1 and Section 5 Attachments, which include Certification for a 
Drug-Free Workplace (Attachment 1), Certification of Payments to Influence 
Federal Transactions (Attachment 2), and Specific CDBG Certifications 
(Attachment 3). 
10.1.1 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); 
10.1.2 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); 
10.1.3 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 109 of 
the Title I of the Housing and Community Development Act of 1974 as 
amended; EXECUTIVE ORDER 11063, as amended; and any HUD 
regulations heretofore issued or to be issued to implement these authorities 
related to Civil Rights; 
10.1.4 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; 
10.1.5 Section 504 of the Rehabilitation Act of 1973 as amended and the 
Americans With Disabilities Act, of 1990; 
10.1.6 Fair Housing Amendments Act of 1988; 
10.1.7 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;

SECTION 2 
SPECIAL PROVISIONS 
 
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10.1.8 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.); 
10.1.9 Section 902 of the Housing and Community Development Amendments of 
1978 (P.L. 95-557); 
10.1.10 
Executive Order 11246 and the regulations issued pursuant thereto 
(41 C.F.R. Chapter 60) relating to nondiscrimination in employment and 
contracting opportunities; 
10.1.11 
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; the Copeland 
“Anti-Kickback” Act (40 U.S.C. § 276a-276a-5; 40 USC § 327 and 
40 USC § 276c) and all other applicable Federal, state and local 
laws and regulations pertaining to labor standards. 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; 
10.1.12 
Executive Order 13166 entitled “Improving Access to Services for 
Persons with Limited English Proficiency” pursuant to Title VI of the 
Civil Rights Act; and 
10.1.13 
The Drug-Free Workplace Act of 1988 as it applies to this activity. 
10.2 
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. 
10.3 
Subrecipients that are governmental entities (including public agencies) shall 
comply with the requirements and standards of 
10.3.1 2 C.F.R. § 225, "Cost Principles for State, Local and Indian Tribal 
Governments," and 
10.3.2 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: 
10.3.2.1 
2 C.F.R. Part 230, "Cost Principles for Nonprofit 
Organizations," or 2 C.F.R. 220, "Cost Principles for 
Educational Institutions," as applicable, 
10.3.2.2 
OMB Circular A-134, “Financial Accounting Principles and 
Standards,” and 
10.3.2.3 
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. 
10.3.3 It is the responsibility of the Subrecipient to ensure the latest documents 
are consulted and followed. 
10.3.4 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.

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SECTION 3 
 
WORK STATEMENT 
 
 
 
 
Maricopa County 
Human Services Department

SECTION 3 
WORK STATEMENT 
 
 
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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 2020-2025 Five-
Year Consolidated Plan, 
1.1.2. The 2022-23 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: The Subrecipient shall facilitate design, engineering, and 
construction to replace 1,795 LF of Asbestos Cement Waterline with C-900 PVC on 
Williams Street between Dodson Avenue and Harrington Avenue, and the alley 
between Weidner Street and Johnny Street. 
2.2 
Project Purpose: The purpose of this project is to improve drinking water quality 
for the Town of Gila Bend residents by removing asbestos cement pipe. 
2.3 
Project Beneficiaries: The project will benefit approximately 425 residents in the 
Town of Gila Bend. 
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 CDBG project. The County reserves the right to 
review the qualifications of new staff committed to the CDBG 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. 
 
3.0 
IMPLEMENTATION SCHEDULE: 
Activity 
Duration 
Start 
End 
Engineering and Scope of Work 
119 days 
January 25, 2023 
May 23, 2023 
Bidding and Contract Approval 
60 days 
May 24, 2023 
July 23, 2023 
Construction 
152 days 
July 24, 2023 
December 23, 2023 
Closeout 
15 days 
December 24, 2023 
January 8, 2024

SECTION 3 
WORK STATEMENT 
 
Town of Gila Bend – Waterline Replacement PY22/FY23 IGA 
Page 31 of 39 
4.0 
NOTICES: 
For Maricopa County Human Services Department: 
Shawn Pierce 
Deputy Director 
602-506-5006 
shawn.pierce@maricopa.gov 
234 N. Central Avenue, Third Floor, Phoenix, Arizona 85004 
 
For Town of Gila Bend: 
Kathy Valenzuela 
Town Manager 
928-683-2255 
kvalenzuela@gilabendaz.org 
644 W Pima Street, Gila Bend, Arizona 85337 
 
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.

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SECTION 4 
 
BUDGET AND COMPENSATION 
 
 
 
 
Maricopa County 
Human Services Department

SECTION 4 
BUDGET AND COMPENSATION 
 
 
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1.0 
BUDGET 
1.1 
Activity 
Budget 
Program 
Year 
Fiscal 
Year 
 
Engineering, Construction 
Management, and Construction 
$427,000 
2022 
FY2023 
 
Total 
$427,000 
 
 
1.2 
The County shall provide an amount not-to-exceed Four Hundred Twenty-Seven 
Thousand Dollars ($427,000.00) 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 2022. 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. 
 
2.0 
COMPENSATION 
2.1 
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. 
2.2 
The County shall reimburse the Subrecipient on a net “0” payments standard. 
 
3.0 
METHOD OF PAYMENT 
3.1 
The Subrecipient agrees to submit monthly reimbursement requests to County 
unless monthly expenditures for the activity do not exceed One Thousand Dollars 
($1,000.00). County agrees to reimburse Subrecipient for actual allowable costs 
incurred, upon certification of Release of Funds and submittal by Subrecipient of 
an itemized statement of actual expenditures incurred, supported by back up 
documentation such as: 
3.1.1 invoices and copies of checks showing payment of invoices and/or 
3.1.2 timesheets showing hours worked on eligible activities. 
3.2 
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. 
3.3 
All requests for reimbursement shall be submitted to: 
HSDFINANCE@MARICOPA.GOV. 
3.4 
Reimbursement by County is not to be construed as final in the event that HUD 
disallows reimbursement for the activity or any portion thereof. Funds not 
expended in implementing this CDBG activity or upon completion of the activity 
shall be returned to the CDBG unprogrammed funds account as provided by the 
Administrative Manual. Request for reimbursement must be made using the 
Request for Reimbursement form provided by the County. 
 
4.0 
TIMELINESS 
The Subrecipient will submit Requests for Reimbursements to the County at least 
quarterly, provided Subrecipient has expended at least $1,000. 
 
5.0 
DISALLOWED COSTS 
5.1 
The cost principles set forth in the Code of Federal Regulations, 48 C.F.R., 
Chapter 1, Subchapter e, Part 31 including later amendments and editions on file

SECTION 4 
BUDGET AND COMPENSATION 
 
Town of Gila Bend – Waterline Replacement PY22/FY23 IGA 
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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. 
5.2 
The Subrecipient shall follow cost principles as outlined in Office of Management 
and Budget (OMB) Uniform Guidance 2 C.F.R. § 200. 
 
6.0 
FINAL REIMBURSEMENT UPON CONTRACT TERMINATION 
6.1 
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. 
6.1.1 This request shall be submitted no later than 30 calendar days after the 
termination date except as noted immediately below. 
6.1.2 If the termination date is between June 10 and June 30, then the final 
reimbursement request shall be submitted by July 10. 
6.1.3 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 
 
 
 
 
Maricopa County 
Human Services Department

SECTION 5 
ATTACHMENTS 
 
Town of Gila Bend – Waterline Replacement PY22/FY23 IGA 
Page 36 of 39 
ATTACHMENT 1

SECTION 5 
ATTACHMENTS 
 
Town of Gila Bend – Waterline Replacement PY22/FY23 IGA 
Page 37 of 39 
ATTACHMENT 2

SECTION 5 
ATTACHMENTS 
 
Town of Gila Bend – Waterline Replacement PY22/FY23 IGA 
Page 38 of 39 
ATTACHMENT 3 
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) 2018, 2019, 2020, and 
2021 (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 
 
Town of Gila Bend – Waterline Replacement PY22/FY23 IGA 
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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 City Official 
 
 
 
 
Date 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Printed/Typed Name  
 
 
 
 
 
Title 
 
 
 
 
 
 
 
 
 
 
Subrecipient Name