CITY OF GLENDALE INFRASTRUCTURE IGA.PDF
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City of Glendale IGA
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INTERGOVERNMENTAL AGREEMENT
FOR SERVICES BETWEEN
MARICOPA COUNTY
ADMINISTERED BY ITS
HUMAN SERVICES DEPARTMENT
AND
THE CITY OF GLENDALE
Agreement Number:
Agreement Amount: $3,000,000
Agreement Start Date: January 1, 2024
Agreement Termination Date: September 30, 2026
ALN; 21.027 American Rescue Plan Act,
Unique Entity ID: CRE4N8H1X6J5
1.0
PARTIES
This financial Intergovernmental Agreement (“Agreement”) is between the City of Glendale
(“Subrecipient”) and Maricopa County (“County”) administered by its Human Services
Department, (“Department”), The County and the Subrecipient collectively are referred to
as the “Parties” and individually as the “Party.”
2.0
PURPOSE
Through this Agreement, housing availability for homeless and at-risk Veterans will be
expanded in the City of Glendale by 50 units. The County shall provide the Subrecipient
with American Rescue Plan Act (“ARPA”) funds for the acquisition of land and construction
of non-congregate transitional housing units, through an eligible subrecipient or developer,
located at approximately 6324 NW Grand Avenue, Glendale, AZ 85301. The execution of
this project shall provide shelter for approximately 50 homeless and at-risk Veterans
annually.
3.0
TERM OF AGREEMENT
3.1
The term of this Agreement is from January 1, 2024, through September 30, 2026.
3.2
This Agreement shall be effective upon approval and signature by both Parties.
4.0
AMENDMENTS
Any changes to this Agreement shall be effective only in a written amendment signed by
both Parties.
5.0
ADMINISTRATIVE CHANGE ORDERS
5.1
The Chairman of the Board of Supervisors is authorized upon the recommendation
of the Human Services Department Director and Legal Counsel to a.) make
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changes within the general scope of the Agreement on behalf of the County
through Administrative Change Orders, and b.) approve and fully execute
Addendum which identifies the property(s) purchased by the Subrecipient.
5.2
Both Administrative Change Orders and Addendum shall be approved and fully
executed by the Parties.
5.2.1
Administrative Change Orders may address any of the following areas:
5.2.1.1
Modifications to the project timeline if the last day of the project
timeline is within the Agreement term;
5.2.1.2
Modifications to Budget line items if the Agreement Amount
remains unchanged;
5.2.1.3
Modifications required by federal, state, or County regulations,
ordinances, or policies;
5.2.1.4
Modifications to Administrative requirements such as changes in
reporting periods, frequency of reports, or report formats required
by the U.S. Department of Treasury or local regulations, policies,
or requirements.
5.2.2
Addendum: The Subrecipient shall submit to the County an Addendum
when the property has been identified and will be acquired.
5.2.2.1
An Addendum shall be integrated into the Agreement.
5.2.2.2
A sample Addendum is attached
6.0
ACRONYMS AND DEFINITIONS
Acronyms and Definitions found under 2 C.F.R. §§ 200.0 & 200.1 are
incorporated by reference.
7.0
FUNDING
The County shall provide the Subrecipient with $3,000,000 American Rescue Plan Act
Funds under Assistance Listing Number (ALN) 21.027 provided to the County through the
U.S. Department of Treasury.
8.0
AVAILABILITY OF FUNDS
8.1
This Agreement and the Parties’ obligations under it shall become effective when
funds assigned for the purpose of compensating the Subrecipient are available to
the County for disbursement. The County shall be the sole authority in determining
the availability of funds under this Agreement, and the County shall keep the
Subrecipient fully informed as to the availability of funds.
8.2
If any action is taken by any federal, state, local agency, or any other agency or
instrumentality other than the Parties to amend, suspend, or terminate its fiscal
obligation under or provided in connection with this Agreement, then the Parties may
amend, suspend, or terminate 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 were performed in accordance
with the provisions of this Agreement. Furthermore, upon termination Subrecipient
shall be released from all pending responsibilities and have no further obligation to
perform under the Agreement unless expressly provided for herein as an obligation
that survives termination. The Parties shall give written notice of their intent to
suspend performance or intent to terminate this Agreement under this section at
least ten (10) calendar days in advance.
9.0
RESPONSIBILITIES OF ORGANIZATIONS
9.1
The Subrecipient shall:
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9.1.1
Provide additional homeless shelter transitional housing beds for homeless
and at-risk Veterans, by implementing any of the following:
9.1.1.1
Property acquisition;
9.1.1.2
Site improvements associated with property acquisition, seek
qualified design and construction teams to provide applicable
construction and/or design services;
9.1.2 Complete the project description in Exhibit A, Statement of Work.
9.1.3 Ensure Subrecipient’s and any subcontractors’ compliance with federal,
state, and County requirements as they relate to the federal ARPA and
general federal grant requirements.
9.1.4
Ensure Subrecipient’s and any subcontractors’ compliance with laws,
rules, and regulations regarding public improvements and state and local
zoning, fire, environmental, health, and safety standards and regulations.
9.1.5
Ensure Subrecipient’s and any subcontractors’ compliance with all laws,
rules, and regulations.
9.1.6
Establish use restrictions that notate the land will be used for services and
shelter for Veterans experiencing homelessness for a minimum of 10 years
by the City or a non-profit subrecipient following the completion of the project.
If the City chooses to sell the project for an alternative use before the 10
years has concluded, the City will fully refund the County $3,000,000.
9.1.7
Ensure Subrecipient is actively communicating with representatives of the
Maricopa Homeless System, which includes:
9.1.7.1
Collaboration with the Local Veteran Administration (VA)
9.1.7.2
Alignment with Community best practices
9.1.8
Ensure Subrecipient maintains a sufficient number of qualified and trained
staff to provide services under this Agreement:
9.1.9
Complete Quarterly Reports that contain the following information:
9.1.9.1
Status and updates on project timelines;
9.1.9.2
Current quarter expenditures;
9.1.9.3
Anticipated delays or issues;
9.1.9.4
Any recent significant disruptions or issues;
9.1.9.5
Any other information the Department should be aware of;
9.1.9.6
Quarterly Reports will be due no later than 30 days after the end
of the reporting quarter.
9.1.10 Submit a program performance report on a 6-month basis after occupancy
begins. The report should include the following metrics: Total clients served
by referral source, total number of clients entering the program from another
emergency shelter or from sleeping on the street, average length of stay,
exits to permanent housing, demographic data (age, gender, race, ethnicity).
The performance reporting will be required through the extent of the use
restriction period listed in 9.1.6.
9.2
The County shall:
9.2.1
Review invoiced costs related to acquisition/construction and all other costs
associated with this project on a monthly basis.
9.2.2
Report to the U.S. Department of Treasury on the Subrecipient’s use of
funds.
10.0
COMPENSATION
10.1
Subrecipient shall submit monthly invoices.
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10.1.1 Submit to County all invoiced costs related to purchase and construction of
the general services building and all other costs associated with this project
on a monthly basis.
10.1.2 Initial expenditures must begin within first year of contract; in the event
initial spending does not begin within the first year, the County will
consider the project on-hold, and written consent from the County will be
required to resume spending and project progress.
10.2
The Agreement is on a cost reimbursement basis.
10.3
The County shall reimburse the Subrecipient on a net 0 payments standard and
shall provide payment to Subrecipient within thirty (30) days of a submitted invoice.
10.4
Final Reimbursement Upon Agreement Termination:
10.4.1 Prior to termination of this Agreement, at the date identified on page 1 of this
Agreement, or as may be amended, the Subrecipient shall submit the final
reimbursement request.
10.4.2 This request shall be submitted no later than 30 calendar days after the
termination date except as noted immediately below:
10.4.2.1
If the termination date is between June 10 and June 30, then
the final reimbursement request shall be submitted by July
10th.
10.4.3 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.
10.4.4 Late receipt of the Final Reimbursement Request (e.g., not received within
45 days following the termination date) may result in forfeiture of payment
11.0
METHOD OF PAYMENT
11.1
The
Subrecipient
shall
submit
invoices
for
project
activities
to
hsdfinance@maricopa.gov.
11.2
The Subrecipient shall comply with all requirements under 2 C.F.R. 200.415,
incorporated herein by reference
11.3
Payment by the County is not to be construed as final in the event that the
Department of Treasury disallows payment for the activity or any portion thereof.
11.4
Funds not expended in implementing this activity or upon completion of the activity
shall be returned to the ARPA unprogrammed funds account.
12.0
DISALLOWED COSTS
12.1
The cost principles set forth in the Code of Federal Regulations (“C.F.R.”), 2 C.F.R.
Part 200 Subpart E, including later amendments and editions on file with the Arizona
Secretary of State and incorporated here by reference, shall be used to determine
the allowability of incurred reimbursable costs under Agreement.
12.2
Further, the Subrecipient shall follow cost principles as outlined in Office of
Management and Budget (OMB) Uniform Guidance, 2 C.F.R. §§ 200, et seq.
12.3
Those costs that are defined as unallowable in 2 C.F.R., shall not be submitted for
reimbursement by the Subrecipient and shall not be reimbursed with County funds
13.0
TERMINATION
13.1
Under A.R.S. § 38-511, the Parties may cancel this Agreement without penalty or
further obligation within three years (3) after execution of this Agreement, if any
person significantly involved in initiating, negotiating, securing, drafting or creating
this Agreement on behalf of one Party at any time while this Agreement or any
extension of this Agreement is in effect, is or becomes an employee or agent of any
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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.
13.2
Additionally, pursuant to A.R.S. § 38-511, either Party may recoup any fee or
commission paid or due to any person significantly involved in initiating, negotiating,
securing, drafting, or creating this Agreement on behalf of the one Party from the
other Party to this Agreement arising as the result of this Agreement. A cancellation
notice made under this Subparagraph shall be effective when the recipient receives
a written notice of cancellation unless the notice specifies a later date.
13.3
Either Party may terminate this Agreement at any time by giving the other Party at
least sixty (60) calendar days prior notice in writing (unless terminated by a Party
under the Availability of Funds provision). Any notice shall be given by either
personal delivery or registered or certified mail, postage prepaid and return receipt
requested, to the persons at the addresses set forth in Section 14.0 of this
Agreement.
13.4
In the event of termination, the Parties shall be liable for payment only for
reimbursable costs incurred prior to the effective date of the termination, provided
that such services were performed in accordance with the provisions of this
Agreement. Neither Party shall be liable for any incomplete or additional
performance under the Agreement unless expressly stated herein as an obligation
that survives termination.
13.5
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.
13.6
The Parties may terminate this Agreement for convenience upon 30 days’ prior
written notice. The Parties shall agree upon the termination conditions including the
effective date of the termination. The Party initiating the termination shall notify the
other Parties in writing stating the reasons for such termination.
14.0
NOTICES
Notifications and communications concerning this Agreement shall be directed to the
following:
Subrecipient:
City of Glendale
Community Services Department
Jean Moreno, Director
(623) 930-2973
jmoreno@glendaleaz.com
5850 W. Glendale Avenue
Glendale, AZ 85301
Maricopa County
Human Services Department
TJ Reed, Assistant Director
(602) 317-7056
TJ.Reed@maricopa.gov
234 N. Central Avenue 3rd Floor
Phoenix, AZ 85004
15.0
EMPLOYMENT DISCLAIMER
15.1
This Agreement is not intended to constitute, create, give rise to, or otherwise
recognize a joint venture agreement, partnership, or other formal business
association or organization of any kind, and the rights and obligations of the Parties
shall be only those expressly set forth in this Agreement.
15.2
The Subrecipient agrees that no individual performing under this Agreement on
behalf of the Subrecipient may be considered a County agent, employee, or
representative and that no rights of County civil service, County retirement, or
County personnel rules shall accrue or apply to any such individual. The
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Subrecipient shall have total responsibility for all salaries, wages, bonuses,
retirement,
withholdings,
workers’
compensation,
occupational
disease
compensation, unemployment compensation, other employee benefits, and all taxes
and premiums appurtenant thereto concerning such individuals shall indemnify,
defend and hold harmless the County with respect to the foregoing.
15.3
The County agrees that no individual performing under this Agreement on behalf of
County may be considered a Subrecipient agent, employee, or representative and
that no rights of Subrecipient civil service, Subrecipient retirement, or Subrecipient
personnel rules shall accrue or apply to any such individual. The County shall have
total responsibility for all salaries, wages, bonuses, retirement, withholdings,
workers’ compensation, occupational disease compensation, unemployment
compensation, other employee benefits, and all taxes and premiums appurtenant
thereto concerning such individuals and the County shall indemnify, defend and hold
harmless the Subrecipient with respect to the foregoing.
16.0
GENERAL REQUIREMENTS
16.1
The terms of this Agreement shall be interpreted in accordance with Arizona law and
the applicable laws and regulations of ARPA. Any lawsuit arising out of this
Agreement shall be brought in the appropriate court in Maricopa County, Arizona.
16.2
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.
16.3
Each Party is an independent contractor under the provisions of this Agreement and
no officer, employee, or agent is to be considered an officer, employee, or agent of
the other Party.
16.4
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 Subrecipient's organization or with which the Subrecipient (or any of its
directors, officers, owners, trust certificate holders, or a relative thereof) has a
substantial interest, unless the Subrecipient has made full written disclosure of the
proposed payments to the County and has received written approval for the
payments.
16.5
For purposes of this provision, the terms "substantial interest" and "relative" shall
have the meanings prescribed by A.R.S. § 38-502.
17.0
ASSIGNMENT AND SUBCONTRACTING
17.1
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.
17.2
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.
The Subrecipient will make determinations classifying recipients of federal funds as
a Subrecipient.
17.3
Subrecipient shall ensure compliance by any subcontractor with all ARPA
requirements, including reporting requirements.
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18.0
DISPUTES
18.1
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.
18.2
Notice of the specific grounds of a dispute shall be in writing and filed with the County
Representative listed in the Notices paragraph, within ten (10) business days from
the date the Subrecipient knew or should have known of the basis of the dispute.
18.3
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.
18.4
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, except as provided in
subsection 18.6.
18.5
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.
18.6
In the event Subrecipient disagrees with the Director’s decision, Subrecipient shall
have every existing and future right or remedy available by law or in equity to resolve
the dispute.
19.0
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.
20.0
STRICT COMPLIANCE
One Party’s acceptance of the other Party’s performance that is not in strict compliance with
the terms of this Agreement shall not be deemed to waive the requirements of strict
compliance for all future performance. All changes in performance obligations under this
Agreement shall be in writing and signed by both Parties.
21.0
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 made available 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 the County that the Subrecipient is not in -
compliance with the audit requirements.
22.0
AUDIT DISALLOWANCES
22.1
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
City of Glendale IGA
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will be specifically identified as applicable to the recovery of the disallowed costs in
question.
22.2
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.
23.0
PROPERTY
23.1
Any County property furnished or leased pursuant to the terms of this Agreement
shall be utilized, maintained, repaired, and accounted for in accordance with
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.
24.0
LIMITATION ON LIABILITY
24.1
The County and its agents, representatives, officials, officers, directors,
employees, volunteers, departments, agencies, boards, committees, and
commissions shall not be liable for any act or omission by the Subrecipient or any
and all of its agents, representatives, officials, officers, directors, employees,
volunteers, departments, agencies, boards, committees, or commissions occurring
in the performance of this Agreement, nor shall the County and its agents,
representatives, officials, officers, directors, employees, volunteers, departments,
agencies, boards, committees, and commissions be liable for purchases or
contracts made by the Subrecipient or any and all of its agents, representatives,
officials, officers, directors, employees, volunteers, departments, agencies,
boards, committees, or commissions in connection with this Agreement, except as
otherwise provided by law.
24.2
The Subrecipient and its agents, representatives, officials, officers, directors,
employees, volunteers, departments, agencies, boards, committees, and
commissions shall not be liable for any act or omission by the County or any and
all of its agents, representatives, officials, officers, directors, employees,
volunteers, departments, agencies, boards, committees, or commissions occurring
in the performance of this Agreement, nor shall the Subrecipient and its agents,
representatives, officials, officers, directors, employees, volunteers, departments,
agencies, boards, committees, and commissions be liable for purchases or
contracts made by the County or any and all of its agents, representatives, officials,
officers, directors, employees, volunteers, departments, agencies, boards,
committees, or commissions in connection with this Agreement, except as
otherwise provided by law
25.0
GENERAL INDEMNIFICATION
25.1
Each Party (as “Indemnitor”) agrees to indemnify, defend, and hold harmless the
other Party and its officers, officials, employees, and agents (collectively,
“Indemnitees”) from and against any and all claims, losses, liability, costs, or
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expenses (including reasonable attorney and expert fees) (collectively referred to
as “Claims”) either arising from or related to breach of this Agreement, but only to
the extent that such Claims are caused by the act, omission, negligence,
misconduct, or other fault of the Indemnitor and any and all of its agents,
representatives, officials, officers, directors, employees, volunteers, departments,
agencies, boards, committees, and commissions. The obligations under this
Section 25 shall survive termination of this Agreement.
25.2
Subrecipient shall add an indemnity clause to all agreements with contractors
receiving funds from this agreement requiring that contractor indemnity, defend
and hold the County harmless and its officers, officials, employees, and agents
(collectively, “Indemnitees”) from and against any and all claims, losses, liability,
costs, or expenses (including reasonable attorney and expert fees) (collectively
referred to as “claims”) either arising from or related to breach of the contract, but
only to the extent such claims are caused by the act, omission, negligence,
misconduct, or other fault of the Indemnitor and any and all of its agents,
representatives, officials, officers, directors, employees, volunteers, departments,
agencies, boards, committees, and commissions.
26.0
INSURANCE
26.1
The Subrecipient is a public entity and shall provide the County with a Certificate of
Self-Insurance equal to:
General Aggregate
$3,000,000
Each Occurrence Limit
$1,000,000
26.2 Mail COI to:
Maricopa County
c/o Risk Management
301 W Jefferson St., Suite 910
Phoenix, AZ 85003
26.3 Cancellation and Expiration Notice:
26.3.1 Applicable to all insurance policies required within the insurance
requirements of this contract, Subrecipient’s insurance shall not be
permitted to expire, be suspended, be canceled, without 30 days prior
written notice to Maricopa County. Such notice shall be sent directly to
Maricopa County Human Services Department and shall be mailed, or
hand delivered to 234 N. Central Avenue, Phoenix, AZ 85004, or emailed
to the Human Services representative noted in the Contract.
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 the Agreement. The provision applies to work performed
by Subrecipients or 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
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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 warrants that none of its costs and none of the costs incurred by the
Subrecipient or any of its Subcontractors or subrecipients will include any expense related
to any religious activities.
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 persons or entities have been employed or retained by it
to solicit or secure this Agreement upon an agreement or understanding for a commission,
percentage, brokerage, or contingent fee. For breach or violation of this warranty, the
County may immediately terminate this Agreement without liability.
35.0
SAFEGUARDING OF PARTICIPANT INFORMATION
The use or disclosure by the Subrecipient of any information concerning an applicant for, or
recipient of, service under this Agreement is directly limited to conduct of this Agreement.
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The Subrecipient and any and all of its agents, representatives, officials, officers, directors,
employees, volunteers, departments, agencies, boards, committees, and commissions shall
safeguard the confidentiality of this information, just as they would safeguard their own
confidential information.
36.0
RIGHTS IN DATA
The Parties shall each have the use of data and reports resulting from this Agreement
without cost or other restriction, except as otherwise provided by law or applicable
regulation. Each Party shall supply to the other Party, upon request, any available
information that is relevant to this Agreement and to the performance under it, except to the
extent prohibited by law.
37.0
COPYRIGHTS
If this Agreement results in a book or other written material, the author is free to copyright
the work, but the Parties reserve a royalty-free, nonexclusive, perpetual and irrevocable
license to reproduce, publish, and otherwise use and to authorize others to use, all
copyrighted material and all material that may be copyrighted as a result of this Agreement.
38.0
AGREEMENT COMPLIANCE MONITORING/AUDITING
38.1
The County will monitor the Subrecipient's compliance as needed for fiscal and
programmatic performance under the terms and conditions of this Agreement and
applicable regulations promulgated by the U.S. Department of Housing and Urban
Development and Maricopa County. On-site visits for compliance monitoring may
be made by the County and/or its grantor agencies at any time during the
Subrecipient's normal business hours, announced and/or unannounced. For
auditing purposes, the County shall provide the Subrecipient with 30-days’ advance
notice of any proposed on-site visit. During an on-site visit(s), the Subrecipient shall
reasonably make all of its records and accounts related to work performed or
services provided under this Agreement available to the County for inspection and
copying.
38.2
The County shall request information for fiscal monitoring/audit per Uniform
Guidance 2 C.F.R. § 200, to include as applicable:
38.2.1
Financial Management 2 C.F.R. § 200.302
38.2.2
Internal Controls 2 C.F.R. § 200.303
38.2.3
Bonds 2 C.F.R. § 200.304
38.2.4
Payment and Financial Reporting 2 C.F.R. § 200.305
38.2.5
Cost Sharing or Matching 2 C.F.R. § 200.306
38.2.6
Program Income 2 C.F.R. § 200.307
38.2.7
Revision of Budget and Program Plans 2 C.F.R. § 200.308
38.2.8
Period of Performance 2 C.F.R. § 200.309
38.2.9
Insurance Coverage 2 C.F.R. § 200.310
38.2.10
Record Retention and Access 2 C.F.R. §§ 200.334 – 200.338
38.2.11
Procurement Standards 2 C.F.R. § 200.318
38.2.12
Indirect Costs 2 C.F.R. § 200.414
38.2.13
Compensation-Personal Services 2 C.F.R. § 200.430
38.2.14
Audit Requirements 2 C.F.R. §§ 200.501-200.517
39.0
CONTINGENCY RELATING TO OTHER AGREEMENTS AND GRANTS
39.1
The Subrecipient shall, during the term of this Agreement, within fifteen (15)
business days from acceptance, inform the Director in writing of the award of any
other agreement or grant, including any other agreement or grant awarded by the
City of Glendale IGA
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County, where the award may affect either the direct or indirect costs being paid or
reimbursed under this Agreement. The Subrecipient’s failure to notify the County of
any such agreement shall be a breach of this Agreement and the County may
immediately terminate this Agreement without liability.
39.2
The Director may request, and Subrecipient shall provide within a reasonable time,
which shall not exceed ten (10) business days, a copy of all such other agreements
or grants, when, in the opinion of the Director, the award of the agreement or grant
may affect the costs being paid or reimbursed under this Agreement, except to the
extent prohibited by law.
39.3
If the Director 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 Director shall prepare an amendment to this Agreement
effecting a cost adjustment. If the Subrecipient disputes the proposed cost
adjustment, then the dispute shall be resolved pursuant to the "Disputes" paragraph
of this Agreement.
40.0
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.
41.0
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.
42.0
NONDISCRIMINATION, EQUAL OPPORTUNITY AND EQUAL ACCESS
The Subrecipient, in connection with any services or other activities under this Agreement,
shall not in any way discriminate against any person on the grounds of race, color, religion,
sex, national origin, age, disability, political affiliation or belief. The Subrecipient shall include
this clause in all its Subcontracts.
43.0
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.
44.0
EQUAL EMPLOYMENT OPPORTUNITY
44.1
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.
44.2
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,
City of Glendale IGA
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rates of pay or other forms of compensation, and selection for training, including
apprenticeship.
44.3
The Subrecipient shall and shall cause their respective Subcontractors to comply
with:
44.3.1 Title VI and VII of the Civil Rights Act of 1964, as amended (42 U.S.C. §§
2000a, et seq.);
44.3.2 the Rehabilitation Act of 1973, as amended (29 U.S.C. §§ 701, et seq.);
44.3.3 the Age Discrimination in Employment Act of 1967, as amended (29 U.S.C.
§§ 621, et seq.);
44.3.4 the Americans With Disabilities Act of 1990 (42 U.S.C. §§ 12101, et seq.);
and
44.3.5 Arizona Executive Order 2009-09, as amended, et seq. which mandates that
all persons shall have equal access to employment opportunities.
45.0
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.
46.0
FINANCIAL MANAGEMENT
The Subrecipient shall establish and maintain a separate, interest-bearing bank account for
money provided under this Agreement, or shall establish an accounting system that assures
the safeguarding and accountability of all money and assets provided under this Agreement.
No part of the money deposited in the bank account shall be commingled with other funds
or money belonging to the Subrecipient. All interest earned on the account shall be
disbursed in a manner specified by the County in accordance with applicable State of
Arizona and federal regulations. 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 accordance with generally accepted accounting principles.
47.0
RETENTION OF RECORDS
47.1
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.
47.2
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.
48.0
ADEQUACY OF RECORDS
If the Subrecipient’s books, records and other documents related to this Agreement are not
sufficient to support and document that allowable services were provided to eligible
participants as determined by a court of competent jurisdiction, then the Subrecipient shall
reimburse the County for the services not supported and documented.
49.0
IMMIGRATION LAWS AND REGULATIONS
49.1
Federal Immigration and Nationality Act
49.1.1 The Subrecipient understands and acknowledges the applicability of the
Immigration Reform and Control Act of 1986 (IRCA). The Subrecipient
City of Glendale IGA
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agrees to comply with the IRCA in performing under this Agreement and to
permit the other Party to reasonably inspect personnel records to verify such
compliance, to the extent required by law.
49.1.2 By entering into this Agreement, the Subrecipient warrants compliance with
the Federal Immigration and Nationality Act (FINA) and all other federal
immigration laws and regulations related to the immigration status of its
employees. The Subrecipient shall obtain statements from their
subcontractors certifying compliance and shall furnish the statements to
the County upon request. These warranties shall remain in effect through
the term of the Agreement. The Subrecipient and their subcontractors shall
also maintain Employment Eligibility Verification forms (I-9) as required by
the U.S. Department of Labor’s Immigration and Control Act for all
employees performing work under the Agreement. I-9 forms are available
for download at USCIS.GOV.
49.1.3 The County may request verification of compliance for any employee or
Subcontractor performing work under the Agreement. Should the County
suspect or find that the Subrecipient or any of its Subcontractors are not in
compliance, then the County may pursue any and all remedies allowed by
law, including, but not limited to suspension of work, termination of the
Agreement for default, and suspension or debarment (or both) of the
Subrecipient. All costs necessary to verify compliance are the responsibility
of the Subrecipient or its Subcontractor.
49.2
Arizona Law: The Subrecipient warrants that it is in compliance with A.R.S. § 41-
4401 (e-verify requirements) and further acknowledges that:
49.2.1 That the Subrecipient and their respective Vendors, if any, warrant their
compliance with all federal immigration laws and regulations that relate to
their employees and their compliance with A.R.S. § 23-214;
49.2.2 A breach of a warranty under this Subparagraph 48.2.2 shall be deemed a
material breach of this Agreement and the non-breaching Party may
immediately terminate this Agreement without liability; and
49.2.3 The County and any contracting government entity retain the legal right to
inspect the papers and employment records of the Subrecipient or their
respective Vendor employees who works on this Agreement to ensure that
such Party or Vendor is complying with the warranty provided under this
Subparagraph 48.2.3 and that the Subrecipient agrees to make all papers
and employment records of those employees available during normal
working hours in order to facilitate such an inspection.
50.0
DRUG FREE WORKPLACE ACT
The Subrecipient shall comply with the Drug-Free Workplace Act of 1988 (41 U.S.C. §§ 701,
et seq.), which requires that Subrecipients and grantees of federal funds must certify that
they will provide Drug-Free workplaces. This certification is a precondition to receiving a
grant or entering into this Agreement.
51.0
CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY, AND
VOLUNTARY EXCLUSION
51.1
The undersigned, by signing this Agreement, represents that he/she has the
authority to bind the Subrecipient to the terms of this Certification. The Subrecipient,
as the primary participant in accordance with 2 C.F.R. Part 180, certifies to the best
of its knowledge and belief that it and its principals:
City of Glendale IGA
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51.1.1 Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any federal
department or agency;
51.1.2 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;
51.1.3 Are not presently indicted or otherwise criminally or civilly charged by a
governmental entity (federal, state, or local) with the commission of any of
the offenses enumerated in Sub-subparagraph 50.1.2 above; and
51.1.4 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.
51.2
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.
52.0
SUBRECIPIENT EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO
INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS:
52.1
The Subrecipient agrees 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;
52.2
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
52.3
The Subrecipient shall insert the substance of this clause, including this Paragraph
52.0, in all subcontracts over the simplified acquisition threshold ($250,000 as of
June 2021).
53.0
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.
54.0
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.
City of Glendale IGA
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55.0
DEFAULT AND REMEDIES FOR NONCOMPLIANCE
55.1
Notwithstanding anything to the contrary, this Section shall not be deleted or
superseded by any other provision of this Agreement.
55.2
This Agreement may be immediately terminated by a Party if the other Party
defaults by failing to perform any objective or breaches any obligation under this
Agreement, or any event occurs that jeopardizes the other Party’s ability to perform
any of its obligations under this Agreement.
55.3
Failure to comply with the requirements of this Agreement and all the applicable
federal, state, or local laws, rules, and regulations may result in suspension or
termination of this Agreement, the return of unexpended funds (less just
compensation for work satisfactorily completed that, to date, has not been
reimbursed), the reimbursement of funds improperly expended, or the recovery of
funds improperly acquired. Noncompliance includes, but is not limited to:
55.3.1 Non-performance of any obligations required by this Agreement.
55.3.2 Noncompliance with any applicable federal, state, or local laws, rules, or
regulations.
55.3.3 Unauthorized expenditure of funds.
55.3.4 Noncompliance with applicable financial record requirements, accounting
principles, or standards established by OMB circulars and 2 C.F.R. §§ 200
et seq.
55.3.5 Noncompliance with recordkeeping, record retention, or reporting
requirements.
55.4
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:
55.4.1 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.
55.4.2 Waiver of a breach or default of any term, covenant, or condition of this
Agreement or any federal, state, or local law, rule, or regulation shall not
operate as a waiver of any subsequent breach of the same or any other
term, covenant, condition, law, rule, or regulation.
55.5
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.
56.0
ADMINISTRATIVE REQUIREMENTS
56.1
Accounting Standards – The Subrecipient agrees to comply with this Agreement
and to adhere to the accounting principles and procedures required to utilize
adequate internal controls and maintain necessary source documentation for all
costs incurred, as well as any applicable federal laws and regulations. The
Subrecipient further agrees to maintain an adequate accounting system that
City of Glendale IGA
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provides for appropriate grant accounting (including calculation of program
income).
56.2
Repayment of Funds – The Subrecipient agrees to repay funds provided under
this Agreement for noncompliance with the terms of this Agreement. Repayment
shall be in accordance with the terms of this Agreement or the requirement of
applicable laws and regulations, including continuing use compliance. The County
may specify in writing the terms of the repayment or alternative terms in lieu of
repayment. However, in no case shall repayment or compliance with the
alternative terms be complete any later than sixty (60) calendar days following the
written determination of noncompliance by the County.
56.3
Documentation and Record Keeping - The Subrecipient agrees to comply with this
Agreement and the following record keeping requirements:
56.3.1 Records to be maintained - The Subrecipient shall maintain all financial
records as required by 2 C.F.R. § 200, and OMB Circulars;
56.3.2 System for Award Management -The Subrecipient and all subcontractors
or subrecipients shall have a valid Unique Entity Identifier (UEI) number
and an active profile in the federal System for Award Management, or
SAM.gov. Documentation of the UEI Number must be included in all project
files. Subrecipients and subcontractors will not receive a subaward until
that entity has provided its UEI number. 2 C.F.R. § 25.300; Appendix A to
2 C.F.R. § 25.
56.3.3 Records Retention - The Subrecipient shall retain all records pertinent to
this Agreement for a period of six (6) years after all requirements have been
met. In the event of litigation, a claim, or an audit is begun before the
expiration of this retention period, said records shall be retained until all
such action or audit findings involving the records have been resolved.
56.3.4 Disclosure - The Subrecipient understands that client information collected
under this Agreement is private and the use or disclosure of such
information, when not directly connected with the administration of the
County's or the Subrecipient's responsibilities with respect to services
provided under this Agreement, is prohibited unless written consent is
obtained from such person receiving service.
56.3.5 Property Records - The Subrecipient shall maintain property and
equipment inventory records that clearly identify properties and equipment
purchased, improved, or sold. Properties and equipment retained shall
continue to meet eligibility criteria and shall conform to the use of property
and equipment.
56.4
Written Justification – The Parties will cooperate to develop the Written
Justification for the capital expenditures exceeding $1 million pursuant to Overview
of General Standards, 87 Fed. Reg. 4390 (Jan. 27, 2022).
57.0
UYGHUR FORCED LABOR PREVENTION ACT (UFLPA)
57.1
The Subrecipient warrants and certifies that it does not currently, and agrees for
the duration of the agreement that it will not, use:
57.1.1 The forced labor of ethnic Uyghurs in the People’s Republic of China.
57.1.2 Any goods or services produced by the forced labor of ethnic Uyghurs in
the People’s Republic of China.
57.1.3 Any contractors, subcontractors or suppliers that use the forced labor or
any goods or services produced by the forced labor of ethnic Uyghurs in
the People’s Republic of China.
City of Glendale IGA
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57.2
If the Subrecipient becomes aware during the term of the Agreement that the
Subrecipient is not in compliance with this paragraph, the Subrecipient shall notify
the County within five business days after becoming aware of the noncompliance.
Failure of the Subrecipient to provide a written certification that the Subrecipient
has remedied the noncompliance within one hundred eighty (180) days after
notifying the public entity of its noncompliance, this Agreement shall terminate
unless the Term of this Agreement shall end prior to said one hundred eighty (180)
day period.
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.
59.0
PROVISIONS REQUIRED BY LAW.
Each and every provision of law and any clause required by law to be in this Agreement
will be read and enforced as though it were included herein and, if through mistake or
otherwise any such provision is not inserted, or is not correctly inserted, then upon the
application of either party, this Agreement will promptly be physically amended to make
such insertion or correction.
[Signatures contained on the following page]
City of Glendale IGA
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IN WITNESS, the Parties have approved and signed this Agreement:
APPROVED BY:
THE CITY OF GLENDALE
APPROVED BY:
MARICOPA COUNTY
___________________________________
City Manager Date
_____________________________________
Chairman of the Board of Supervisors Date
Attested to:
City Clerk Date
Attested to:
Clerk of the Board Date
IN ACCORDANCE WITH A.R.S. §§ 9-240 and
11-952, THIS AGREEMENT HAS BEEN
REVIEWED
BY
THE
UNDERSIGNED
ATTORNEY WHO HAS DETERMINED THIS
AGREEMENT IS PROPER IN FORM AND
WITHIN THE POWERS AND AUTHORITY
GRANTED TO THE CITY OF GLENDALE
UNDER THE LAWS OF THE STATE OF
ARIZONA.
APPROVED AS TO FORM:
City Attorney Date
IN ACCORDANCE WITH A.R.S. §§ 11-201,
11-251, AND 11-952, THIS AGREEMENT HAS
BEEN REVIEWED BY THE UNDERSIGNED
ATTORNEY WHO HAS DETERMINED THIS
AGREEMENT IS PROPER IN FORM AND
WITHIN THE POWERS AND AUTHORITY
GRANTED TO MARICOPA COUNTY UNDER
THE LAWS OF THE STATE OF ARIZONA.
APPROVED AS TO FORM:
Deputy County Attorney Date
City of Glendale IGA
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EXHIBIT A- STATEMENT OF WORK
1.0
Project Description:
1.1
The City will be contracting with Veterans Community Project (VCP) for the
construction and services of the project. VCP Glendale will consist of a minimum
of 50 units of non-congregate transitional housing for Veterans and their families
and will provide on-site wrap around services with in-depth case management
focused on self-sufficiency and housing stability. Veterans may stay in their unit
as they continually progress in their program and toward their transition to
permanent housing. The Positive Transition to permanent housing, Average
Length of Stay is 499 days (about 1.5 years) which is similar to existing Tenant
Base Rental Assistance or Rapid Rehousing Assistance programs offered by the
City. Occupancy rates at existing facilities are always very high, however,
occupancy rates can fluctuate based on staffing, prepping units for new
residents, and ensuring a small number remain available to maintain the agility to
house some Veterans immediately or to ensure a unit is available for a Veteran
nearing completion of a program. 20% of units (10 beds) will be set aside for
clients experiencing literal homelessness as defined by the Department of
Housing and Urban Development (HUD).
1.2
Unit Details: Each unit features a bed, a small kitchen, and a bathroom. Every
detail of the homes have been designed with Veterans' needs in mind, such as
the placement of doors and windows to increase a sense of security for those
impacted by post-traumatic stress disorder (PTSD). Each home is 240 square
feet (340 square feet for family units), built on a concrete foundation, and meets
the code requirements of new construction. Homes are all connected to city
sewers, water, and electric services.
1.3
VCP Services after construction:
1.3.1 Case managers coordinate wrap-around services and provide overall
leadership and supervision of case management; however, the bulk of
specialized services are provided by existing partner organizations and
agencies. This support includes addiction counseling, suicide prevention,
mental and behavioral health, and other necessary services. Each village
includes a Village Center where case managers provide essential
services and is tailored to the needs in each community.
1.3.2 VCP will provide community outreach which includes navigating services,
providing necessities, identification services, mental and physical health
referrals, housing navigation and permanent placements, financial
counseling, emergency financial assistance, and employment supports
among other services.
1.3.3 VCP will collaborate with local services providers and the local Veteran
Administration office in order to accept referrals and connect clients to the
most useful and appropriate resources to meet their needs.
2.0
Deliverables:
Beneficiaries
Number of households (units)
50
Number of people (approximate)
50 people annually
3.0
Project Eligibility:
3.1
Property Standards - Housing that is constructed or rehabilitated with ARPA funds
must meet all applicable local codes, rehabilitation, and construction standards,
City of Glendale IGA
Page 21 of 22
ordinances, and zoning ordinances, including Section 504 of the Rehabilitation Act
of 1973 and Fair Housing Act, as amended, at the time of project completion.
3.2
Occupancy Requirements – The Project staff shall determine and verify
homelessness upon intake, utilizing the McKinney-Vento Homeless Assistance Act,
As Amended by S. 896 Homeless Emergency Assistance and Rapid Transition to
Housing (HEARTH) Act of 2009 definition as referenced here:
https://www.hud.gov/sites/documents/HAAA_HEARTH.PDF.
4.0
Budget:
FUND SOURCES
Sources
Total
Maricopa County – ARPA
3,000,000.00
City of Glendale
4,032,263.00
State of Arizona
3,214,500.00
Budget
Summary
City of
Glendale GF
Contribution
State GF
Contribution
Maricopa
County ARPA
Additional
Sources
Needed
TOTAL COST
(Estimated)
Acquisition Costs
Land
3,844,763.00
-
3,844,763.00
Building Acquisition
-
Other: taxes, title,
recording
-
Sub-Total
3,844,763.00
-
-
-
3,844,763.00
General Development Costs
Construction Hard
Costs- Residential
2,399,500.00
3,000,000.00
347,100.00
5,746,600.00
Construction Costs-
Nonresidential
-
3,346,900.00
3,346,900.00
Contractor OH,
Profit, and Gen.
Conditions
-
973,190.00
973,190.00
Hard Costs
Contingency
-
945,940.00
945,940.00
Architect Fees
(@10% of Const
Hard Costs)
550,000.00
-
550,000.00
City of Glendale IGA
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COG Permit Fees
187,500.00
-
-
187,500.00
Legal Fees
25,000.00
-
25,000.00
Other Professional
Fees
240,000.00
-
240,000.00
Sub-Total
187,500.00
3,214,500.00
3,000,000.00
5,613,130.00
12,015,130.00
TOTALS
4,032,263.00
3,214,500.00
3,000,000.00
5,613,130.00
15,859,893.00
5.0
Timeline:
Project Milestone
Estimated Completion Date
Site Control or Acquisition
September 30, 2023
Construction Loan (Closing Date)
n/a
Partnership Closing (Closing Date)
June 30, 2024
Permanent Loan Commitment
n/a
Permanent Loan Closing
n/a
Other Funds Firm Commitment
June 30, 2025
Environmental Review Completion (Only if other
federal funding is used in addition to funds designated
in this contract).
n/a
Authority to Use Grant Funds
n/a
Zoning Entitlements
September 30, 2024
Plans Submitted to Municipality
September 30, 2024
Civil Permits Issued
January 31, 2025
Building Permits Issued
April 30, 2025
Contractors Notice to Proceed Issued
May 31, 2025
Construction Mobilization
June 30, 2025
25% Completion
August 31, 2025
50% Completion
December 31, 2025
75% Completion
March 31, 2026
Certificate of Occupancy
May 31, 2026
ARPA-Assisted Units Occupied
July 31, 2026
100% Completion
July 31, 2026