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AGREEMENT FOR SERVICES BETWEEN MARICOPA COUNTY ADMINISTERED BY ITS HUMAN SERVICES DEPARTMENT AND HOM, INCORPORATED Agreement: $4,970,555 Agreement Start Date: Agreement Termination Date: June 30, 2023 Agreement Number: C-22-22-151-X-00 Program Number: ARPA21HOM CFDA Number: 21.027 American Rescue Plan Act of 2021 DUNS #: 940883788 This Agreement (“Agreement”) is entered into by and between the HOM Incorporated (“Contractor”), and Maricopa County, administered by its Human Services Department, (“County”). The Contractor and County are collectively referred to here as the “Parties” and individually as a “Party.” The Contractor, 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 Contractor Michael Shore Phone: (602) 507-6745 Representative: President and CEO Email: mikeshore@hominc.com Address: 5326 East Washington Street, Suite 5 Phoenix, AZ 85034 Maricopa County Rachel Milne Assistant Phone: (602) 372-1528 Representative: Director Email: rachel.milne@maricopa.gov Address: 234 N. Central Avenue, 3rd Floor Phoenix, AZ 85004 Notices under this Agreement shall be given either by personal delivery or by registered or certified mail postage prepaid and return receipt requested, to the persons at the addresses set forth above and shall be effective upon receipt if personally delivered and three (3) business days after being placed in the U.S. Mail, properly addressed, with sufficient postage, if sent by registered or certified mail, unless otherwise indicated in the notice. Business days means Monday through Friday, unless recognized as a federal or State of Arizona holiday. This Agreement contains all the terms and conditions agreed to by the Parties. No other understanding, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind the Parties to this Agreement. Nothing in this Agreement shall be construed as Page 1 of 34 ARPA – HOM, Inc. Centralized Landlord Engagement – ARPA21HOM consent to any lawsuits or waiver of any defenses in any lawsuits brought against Maricopa County or the Contractor in any state or federal court. IN WITNESS, the Parties have approved and signed this Agreement: APPROVED BY: APPROVED BY: HOM Incorporated MARICOPA COUNTY ___________________________________ ____________________________________ Michael Shore Jack Sellers President/CEO Chairman, Board of Supervisors Date: ______________________________ Date: _______________________________ Attested to: Clerk, Board of Supervisors Date This Agreement has been reviewed by the undersigned Attorney who has determined that is proper in form and within the power and authority granted under laws of the State of Arizona. APPROVED AS TO FORM: Deputy County Attorney Date Page 2 of 34 ARPA – HOM, Inc. Centralized Landlord Engagement – ARPA21HOM SECTION 1 GENERAL PROVISIONS Maricopa County Human Services Department Page 3 of 34 ARPA – HOM, Inc. Centralized Landlord Engagement – ARPA21HOM Section 1 General Provisions 1.0 PURPOSE The County shall provide Contractor with America Rescue Plan Act, ARPA, funds for the provision of the activities as 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 the Contractor 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 Contractor 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 TERMINATION 5.1 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. 5.2 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. 5.3 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 Contractor’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. 5.4 In accordance with 2 C.F.R. §§ 200.340 et seq., the County may suspend or terminate this Agreement if the Contractor violates any term or condition of this Agreement or if the Contractor fails to maintain a good-faith effort to carry out the purpose of this Agreement. 5.5 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 Page 4 of 34 ARPA – HOM, Inc. Centralized Landlord Engagement – ARPA21HOM Section 1 General Provisions the effective date of the termination. The Party initiating the termination shall notify the other Parties in writing stating the reasons for such termination. 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 is in conflict with the General Provisions or the Special Provisions, 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. 7.0 DEFINITIONS As used throughout this Agreement, the following terms shall have the following meanings: 7.1 Assistant Director means the Director of the Housing and Community Development Division within the Human Services Department. 7.2 Contractor means an entity that receives a contract as defined in §200.22 Contract. 7.3 Department means the Maricopa County Human Services Department. 7.4 Director means the Director of the Maricopa County Human Services Department. 7.5 Division means Housing and Community Development Division of the Human Services Department. 7.6 Equipment means all vehicles, furniture, machinery, electronic data processing (EDP) equipment, and software and all other equipment costing $5,000 or more, including all normal and necessary expenses incurred to make the equipment ready for its intended use (e.g., taxes, freight, installation, assembly and testing charges, etc.), and with a useful life of greater than one year. Equipment as used in this Agreement does not include real property (e.g., land, building, structures, or facilities’ improvements). 7.7 Pass-through entity (PTE) means a non-federal entity that provides a Subcontract to a Contractor to carry out part of a federal program. 7.8 Public Agency has the meaning prescribed by A.R.S. § 11-951. 7.9 Subcontract means any Agreement entered into by a Contractor with a third party for performance of any of the work or provision of any of the services covered by this Agreement. 7.10 Subcontractor means an entity funded through the Contractor to provide services required by the Work Statement. 7.11 Subaward means an award provided by a pass-through entity to a Contractor for the Contractor to carry out part of a federal award received by the pass-through entity. It does not include payments to a Contractor or payments to an individual that is a beneficiary of a federal program. A Subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract. 7.12 Subrecipient means a public or private nonprofit agency, authority or organization, or an entity, to which a subaward is made and which is accountable to the recipient for the use of the funds provided. 7.13 Vendor means an entity funded through the Contractor to provide services required by the Work Statement. 7.14 Work Statement means Section 3 of this Agreement, which describes the services to be delivered under this Agreement. Page 5 of 34 ARPA – HOM, Inc. Centralized Landlord Engagement – ARPA21HOM Section 1 General Provisions 8.0 GENERAL REQUIREMENTS 8.1 The terms of this Agreement shall be construed in accordance with Arizona law and the applicable laws and regulations of the United State Department of Treasury (Treasury). Any lawsuit arising out of this Agreement shall be brought in the appropriate court in Maricopa County, Arizona. 8.2 The Contractor 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. 8.3 The Contractor 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. 8.4 The Contractor shall comply with the regulations prohibiting a conflict of interest. The Contractor shall not make any payments, either directly or indirectly, to any person, partnership, corporation, trust, or other organization that has a substantial interest in Contractor's organization or with which the Contractor (or any of its directors, officers, owners, trust certificate holders, or a relative thereof) has a substantial interest, unless the Contractor has made full written disclosure of the proposed payments to the County and has received written approval for the payments. 8.5 For purposes of this provision, the terms "substantial interest" and "relative" shall have the meanings prescribed by A.R.S. § 38-502. 9.0 ACCEPTANCE OF FUNDS Contractor 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) days after receipt, unless Contractor receives a written waiver of this requirement by the County. 10.0 ASSIGNMENT AND SUBCONTRACTING/SUBCONTRACT 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 Contractor 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 Contractor may make a “Subcontract” as a pass-through entity for the purpose of carrying out a portion of the federal award and General Funds. The Contractor will make determinations classifying recipients of federal funds as a Contractor. 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 Contractor, 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 Contractor fully informed as to the availability of funds. 11.2 If any action is taken by any State agency, federal department 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 Page 6 of 34 ARPA – HOM, Inc. Centralized Landlord Engagement – ARPA21HOM Section 1 General Provisions 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 above. 12.2 The Contractor 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 Contractor’s authorized Representative and defined in Section 2 (Special Provisions), Paragraph 10.1.13. 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 Assistant Director within ten (10) business days from the date the Contractor knew or should have known of the basis of the dispute. 13.3 The Assistant Director shall respond in writing to the Contractor within fourteen (14) business days. The decision of the Assistant Director shall be final and conclusive unless, within seven (7) business days after the date the Contractor is served with the decision, the Contractor files a written notice of appeal with the Human Services Department Director. 13.4 The Human Services Department Director shall provide the Contractor 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 Contractor shall diligently proceed with its performance of this Agreement in accordance with the Assistant Director’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 Contractor’s performance that is not in strict compliance with the terms of this Agreement shall not be deemed to waive the requirements of strict Page 7 of 34 ARPA – HOM, Inc. Centralized Landlord Engagement – ARPA21HOM Section 1 General Provisions compliance for all future performance. All changes in performance obligations under this Agreement shall be in writing and signed by both Parties. 16.0 SINGLE AUDIT ACT REQUIREMENTS The Contractor 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 Contractor 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 Contractor 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 Department of Treasury or the County that the Contractor is not in compliance with the audit requirements. 17.0 AUDIT DISALLOWANCES 17.1 The Contractor shall, upon written notice, reimburse the County for any payments made under this Agreement that are disallowed by a federal, state, or County audit in the amount of the disallowance. Court costs and attorney and expert fees incurred will be specifically identified as applicable to the recovery of the disallowed costs in question. 17.2 If the County determines that a cost for which payment has been made is a disallowed cost, then the County will notify the Contractor 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 Contractor by the amount of the disallowance or to require immediate repayment of the disallowed amount by the Contractor issuing a check payable to the County. 18.0 COMPETITIVE BID REQUIREMENTS 18.1 Equipment If this Agreement is with other than a Public Agency, the Contractor shall obtain all equipment to be utilized under this Agreement and purchased with funds provided under this Agreement at the lowest practical cost in accordance with the following competitive bidding system: 18.1.1 Procurements in excess of $300, but less than $1,000, require oral price quotations from two or more vendors. The Contractor shall keep and maintain a record of the vendors’ verbal quotations. The Contractor’s award shall be made to the lowest bidder meeting specification requirements concerning price, conformity to specifications, and other purchasing factors. 18.1.2 Procurements exceeding an aggregate amount of $1,000 must be approved by the Assistant Director. At least three (3) bidders shall be solicited to submit written quotations. The Contractor shall solicit written quotations by issuing a Request for Quotation to at least three (3) vendors. The award shall be made to the lowest bidder meeting specification requirements concerning price, conformity to specifications, and other purchasing factors. 18.2 Supplies If this Agreement is with other than a Public Agency, then the Contractor shall obtain all supplies to be utilized under this Agreement and purchased with funds provided under this Agreement at the lowest practical cost and in accordance with a system of written quotes whenever the price is expected to be greater than $300, unless the Contractor obtains the Assistant Director’s prior written approval to purchase supplies by an alternate method. Page 8 of 34 ARPA – HOM, Inc. Centralized Landlord Engagement – ARPA21HOM Section 1 General Provisions 18.3 Bidding Procedures If the Contractor is a Public Agency, then the Contractor's own bidding procedures shall govern. 18.4 Procedures May Be Superseded Funding source requirements relating to competitive bid procedures may supersede any or all subparts of this clause and will be specified in the Special Provisions section of this Agreement. 19.0 PROPERTY 19.1 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 Contractor within the limits budgeted in this Agreement. 19.2 Any Contractor property furnished or purchased pursuant to the terms of the Agreement shall be utilized, maintained, repaired, and accounted for by the Contractor. Repair costs of such property shall be the responsibility of the Contractor. 20.0 NON-LIABILITY The County and its agents, representatives, officials, officers, directors, employees, volunteers, departments, agencies, boards, committees, and commissions shall not be liable for any acts or omissions by the Contractor or Vendor or any agents, representatives, officials, officers, directors, employees, volunteers, departments, agencies, boards, committees, or commissions of the Contractor or Vendor 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 any purchases or contracts made by the Contractor or Vendor or any agents, representatives, officials, officers, directors, employees, volunteers, departments, agencies, boards, committees, or commissions of the Contractor or Vendor, in connection with this Agreement. 21.0 INDEMNIFICATION To the extent permitted by law, the Contractor shall, and shall cause any of its Subcontractors to, indemnify, defend, and hold harmless the County, any jurisdiction or agency issuing any permits for any work arising out of this Agreement, and their respective agents, representatives, officials, officers, directors, employees, volunteers, departments, agencies, boards, and commissions (hereinafter referred to as “Indemnitee”) from and against any and all claims, demands, actions, liabilities, damages, losses, judgments, or expenses (including court costs, attorney and expert fees, and costs of claim processing, investigation, and litigation) (hereinafter referred to as “Claims”): A.) that either directly or indirectly are caused by, arise from, or relate to breach of this Agreement by the Contractor and any of its Subcontractors, or any and all agents, representatives, officials, officers, directors, employees, volunteers, departments, agencies, boards, or commissions of the Contractor and any of its Subcontractors; and B.) for bodily injury or personal injury (including death), or loss or damage to tangible or intangible property caused, or alleged to be caused by, arise from, or relate to, in whole or in part, the negligent or willful acts or omissions of the Contractor or any of its Subcontractors, or any and all agents, representatives, officials, officers, directors, employees, volunteers, departments, agencies, boards, and commissions of the Contractor and of any Subcontractors. This Page 9 of 34 ARPA – HOM, Inc. Centralized Landlord Engagement – ARPA21HOM Section 1 General Provisions indemnity includes any claim or amount arising out of or recovered under the Worker’s Compensation Law or arising out of the failure of the Contractor or any of its Subcontractors to conform to any federal, state or local law, statute, ordinance, rule, regulation or court decree. It is the specific intention of the Parties that the Indemnitee shall, in all instances, except for Claims arising solely from the negligent or willful acts or omissions of the Indemnitee, be indemnified by the Contractor and any of its Subcontractors from and against any and all claims. It is agreed that the Contractor and any of its Subcontractors will be responsible for primary loss investigation, defense, and judgment costs where this indemnification is applicable. 22.0 INSURANCE 22.1 The Contractor, shall and shall cause any of its Subcontractors to purchase and maintain the minimum insurance stipulated in this Agreement from a company or companies duly licensed by the State of Arizona and possessing a current A.M. Best, Inc. rating of B++6 or higher. In lieu of State of Arizona licensing, the stipulated insurance may be purchased from a company which is or companies which are authorized to do business in the State of Arizona, provided that such insurance company or companies meet the approval of the County. The form of any insurance policies and forms must be acceptable to the County. 22.2 All insurance required under this Agreement shall be maintained in full force and effect until all work or service required to be performed under the terms of the Agreement is satisfactorily completed and formally accepted. Failure to do so may, at the sole discretion of the County, constitute a material breach of this Agreement. 22.3 The Contractor’s insurance shall be primary insurance as respects the County, and any insurance or self-insurance maintained by the County shall not contribute to it. 22.4 Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect coverage afforded under the insurance policies to protect the County. 22.5 The insurance policies may provide coverage that contains deductibles or self- insured retentions. Such deductible or self-insured retentions (or both) shall not be applicable with respect to the coverage provided to the County under those policies. The Contractor shall be solely responsible for the deductible and self-insured retention and the County, at its option, may require the Contractor to secure payment of such deductibles or self-insured retentions by a surety bond or an irrevocable and unconditional letter of credit. 22.6 The County reserves the right to request and to receive, within 10 business days, certified copies of any or all of the insurance certificates required under this Agreement. The County shall not be obligated to review policies and endorsements or to advise the Contractor of any deficiencies in such policies and endorsements, and such receipt shall not relieve the Contractor from, or be deemed a waiver of the County’s right to insist on strict fulfillment of the Contractor’s obligations under this Agreement. 22.7 The insurance policies required by this Agreement, except Worker’s Compensation, shall name the County, its agents, representatives, officials, officers, directors, employees, volunteers, departments, agencies, boards, and commissions as Additional Insureds. 22.8 The policies required under this Agreement, except Worker’s Compensation, shall contain a waiver of transfer of rights of recovery (subrogation) against the County and its agents, representatives, officials, officers, directors, employees, volunteers, departments, agencies, board, and commissions for any claims arising out of the Contractor’s work or service. Page 10 of 34 ARPA – HOM, Inc. Centralized Landlord Engagement – ARPA21HOM Section 1 General Provisions 22.9 The Contractor's policies shall stipulate that the insurance afforded the Contractor shall be primary insurance and that any insurance carried by the County and its agents, representatives, officials, officers, directors, employees, volunteers, departments, agencies, boards, and commissions shall be excess and not contributory insurance, as provided by A.R.S. § 41-621. 22.10 Coverage provided by the Contractor shall not be limited to the liability assumed under the indemnification provisions of this Agreement. 22.11 Commercial General Liability: 22.11.1 Commercial General Liability insurance and, if necessary, Commercial Umbrella insurance with a limit of not less than $1,000,000 for each occurrence, $3,000,000 Products/Completed Operations Aggregate, and $3,000,000 General Aggregate Limit. The policy shall include coverage for premises liability, bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage, and shall not contain any provisions which would serve to limit third party action over claims. There shall be no endorsement or modifications of the CGL limiting the scope of coverage for liability arising from explosion, collapse, or underground property damage. 22.12 Worker’s Compensation: 22.12.1 Worker’s Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of the Contractor’s employees engaged in the performance of the work or services under this Agreement; and Employer’s Liability insurance of not less than $500,000 for each accident, $500,000 disease for each employee, and $500,000 disease policy limit. 22.12.2 Contractor waives all rights against County and its agents, representatives, officials, officers, directors, employees, volunteers, departments, agencies, boards, and commissions for recovery of damages to the extent these damages are covered by the Worker’s Compensation and Employer’s Liability or commercial umbrella liability insurance obtained by the Contractor pursuant to this Agreement. 22.13 Certificates of Insurance: Upon execution of this Agreement, the Contractor shall, and shall cause any of its Subcontractors, to furnish the County with valid and complete certificates of insurance, or formal endorsements as required by the Agreement, issued by the Contractor’s insurer(s), as evidence that policies providing the required coverage, conditions and limits required by this Agreement are in full force and effect. Such certificates shall identify this Agreement by number and title. 22.14 Prior to commencing either work or services under this Agreement, the Contractor shall have insurance in effect as required by the Agreement in the form provided by the County, issued by the Contractor’s insurer(s), as evidence that policies providing the required coverage, conditions and limits required by this Agreement are in full force and effect. Such certificates shall be made available to the County with ten (10) business days after a request by the County. BY SIGNING THIS AGREEMENT, THE CONTRACTOR AGREES TO THIS REQUIREMENT AND THAT FAILURE TO MEET THIS REQUIREMENT WILL RESULT IN CANCELLATION OF THIS AGREEMENT. 22.15 In the event any insurance policy(ies) required by this Agreement is (are) written on a “claims made” basis, coverage shall extend for two years past completion and Page 11 of 34 ARPA – HOM, Inc. Centralized Landlord Engagement – ARPA21HOM Section 1 General Provisions acceptance of the Contractor’s work or services and as evidenced by annual Certificates of Insurance. 22.16 If a policy does expire during the life of this Agreement, then a renewed Certificate of Insurance must be sent to the County forty-five (45) business days prior to the expiration date. 22.17 Cancellation and Expiration Notice: Insurance required under this Agreement shall not be permitted to expire, be canceled, or materially changed without thirty (30) business days prior written notice to the County. 22.18 If the Contractor provides professional or semi-professional personal services under this Agreement for which malpractice or professional liability coverage is available, such as medical, psychiatric, or legal services, then the Contractor shall carry minimum liability coverage of $2,000,000 each occurrence and provide the County with proof of coverage. 22.19 Subcontractor: The Contractor’s certificate(s) shall include all Subcontractors as insureds under its policies or the Contractor shall furnish to the County separate certificates for each Subcontractor. All coverages for Subcontractors shall be subject to the minimum requirements identified above. 22.20 Approval: Any modification or variation from the insurance requirements in any agreement must have prior approval from the County whose decision shall be final. Such action will not require a formal Amendment. 22.21 Exceptions: In the event the Contractor is a public entity, the Insurance Requirements shall not apply to such public entity. Such public entity shall provide a Certificate of Self-Insurance or a Certificate of Proof of Pool Insurance. Nongovernmental Subcontractors of the Contractor shall comply with all insurance terms. 23.0 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 County or its clients and may involve access to secure or sensitive data or personal client data or development or modification of software for the County 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 Contractors or Subcontractors at all tiers. 24.0 TECHNICAL ASSISTANCE The County will provide reasonable technical assistance to the Contractor 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 Contractor of full responsibility and accountability for its actions and performance in compliance with the terms of this Agreement. 25.0 STAFF AND VOLUNTEER TRAINING The County may make available to the Contractor the opportunity to participate in any applicable training activities conducted by the County. Page 12 of 34 ARPA – HOM, Inc. Centralized Landlord Engagement – ARPA21HOM Section 1 General Provisions 26.0 CLEAN AIR ACT If the total face value of this Agreement exceeds $100,000, the Contractor 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. 27.0 LOBBYING 27.1 No federal appropriated funds have been paid or will be paid by or on behalf of the Contractor 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. 27.2 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 Contractor shall complete and submit OMB Form- LLL, titled "Disclosure of Lobbying Activities," in accordance with its instructions and 31 U.S.C. § 1352. 28.0 RELIGIOUS ACTIVITIES The Contractor warrants that none of its costs and none of the costs incurred by the Contractor or any of its Subcontractors will include any expense for any religious activities. 29.0 POLITICAL ACTIVITY PROHIBITED None of the funds, materials, property or services contributed by the County or the Contractor 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. 30.0 COVENANT AGAINST CONTINGENT FEES The Contractor 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. 31.0 SAFEGUARDING OF PARTICIPANT INFORMATION 31.1 The Contractor 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 Contractor 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. 31.2 The Contractor shall comply with the requirements of the Arizona Address Confidentiality Program, A.R.S. §§ 41-161, et. seq. The Department will advise the Contractor as to applicable policies and procedures adopted for such compliance. Page 13 of 34 ARPA – HOM, Inc. Centralized Landlord Engagement – ARPA21HOM Section 1 General Provisions 32.0 RIGHTS IN DATA The County 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 Party shall supply to the other Party, upon request, any available information that is relevant to this Agreement and to the performance under it. 33.0 COPYRIGHTS If this Agreement results in a book or other written material, the author is free to copyright the work, but the County reserves 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. 34.0 AGREEMENT COMPLIANCE MONITORING/AUDITING 34.1 The County will annually monitor the Contractor's compliance for fiscal and programmatic performance under the terms and conditions of this Agreement and applicable regulations promulgated by the U.S. Department of Treasury and Maricopa County. On-site visits for compliance monitoring may be made by the County or its grantor agencies (or by both the County and its grantor agencies) at any time during the Contractor's normal business hours, announced and/or unannounced. For auditing purposes, the County shall provide the Contractor with 30-days’ advance notice of any proposed on-site visit. During an on-site visit(s), the Contractor 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. 34.2 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: 34.2.1 Financial Management 2 C.F.R. § 200.302 34.2.2 Internal Controls 2 C.F.R. § 200.303 34.2.3 Bonds 2 C.F.R. § 200.304 34.2.4 Payment and Financial Reporting 2 C.F.R. § 200.305 34.2.5 Cost Sharing or Matching 2 C.F.R. § 200.306 34.2.6 Program Income 2 C.F.R. § 200.307 34.2.7 Revision of Budget and Program Plans 2 C.F.R. § 200.308 34.2.8 Modifications to Period of Performance 2 C.F.R. § 200.309 34.2.9 Insurance Coverage 2 C.F.R. § 200.310 34.2.10 Record Retention and Access 2 C.F.R. §§ 200.334 -200.338 34.2.11 General Procurement Standards 2 C.F.R. § 200.318 34.2.12 Indirect (F&A) Costs 2 C.F.R. § 200.414 34.2.13 Compensation-Personal Services 2 C.F.R. § 200.430 34.2.14 Audit Requirements 2 C.F.R. §§ 200.501-200.517 35.0 CONTINGENCY RELATING TO OTHER AGREEMENTS AND GRANTS 35.1 The Contractor shall, during the term of this Agreement, within 15 business days from acceptance, inform the Assistant Director in writing of the award of any other agreement or grant, including any other agreement or grant awarded by the County, where the award may affect either the direct or indirect costs being paid or reimbursed under this Agreement. The Contractor’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. 35.2 The Assistant Director may request, and Contractor shall provide within a reasonable time, which shall not exceed ten (10) business days, a copy of all such Page 14 of 34 ARPA – HOM, Inc. Centralized Landlord Engagement – ARPA21HOM Section 1 General Provisions other agreements or grants, when, in the opinion of the Assistant Director, the award of the agreement or grant may affect the costs being paid or reimbursed under this Agreement. 35.3 If the Assistant Director determines that the award to the Contractor of such other agreements or grants has affected the costs being paid or reimbursed under this Agreement, then the Assistant Director shall prepare an amendment to this Agreement effecting a cost adjustment. If the Contractor disputes the proposed cost adjustment, then the dispute shall be resolved pursuant to the "Disputes" paragraph of this Agreement. 36.0 MINIMUM WAGE REQUIREMENTS The Contractor 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. 37.0 RECOGNITION OF COUNTY SUPPORT The Contractor shall give recognition to the County and the funding source for its support when the Contractor publishes materials or releases public information that is paid for in whole or in part with funds received by the Contractor under this Agreement. 38.0 GRIEVANCE PROCEDURE The Contractor 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 Contractor’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 Contractor’s level. This system shall include protest procedures for decisions related to contract awards and requests for reasonable accommodations for persons with disabilities. 39.0 NONDISCRIMINATION, EQUAL OPPORTUNITY AND EQUAL ACCESS 39.1 The Contractor, 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 Contractor shall include this clause in all of its Subcontracts. 39.2 The Contractor shall comply with requirements of the Housing and Urban Development Equal Access Rule at 24 C.F.R. § 5.106, to ensure equal access to housing and services regardless of gender identity. 40.0 DISABILITY REQUIREMENTS The Contractor agrees that any electronic or information technology offered under this Agreement shall comply with A.R.S. §§ 18-131 and 18-132 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. Page 15 of 34 ARPA – HOM, Inc. Centralized Landlord Engagement – ARPA21HOM Section 1 General Provisions 41.0 EQUAL EMPLOYMENT OPPORTUNITY 41.1 The Contractor 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. 41.2 The Contractor 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. 41.3 The Contractor shall and shall cause its Subcontractors to comply with: 41.3.1 Title VI and VII of the Civil Rights Act of 1964, as amended (42 U.S.C. §§ 2000a, et seq.); 41.3.2 the Rehabilitation Act of 1973, as amended (29 U.S.C. §§ 701, et seq.); 41.3.3 the Age Discrimination in Employment Act of 1967, as amended (29 U.S.C. §§ 621, et seq.); 41.3.4 the Americans With Disabilities Act of 1990 (42 U.S.C. §§ 12101, et seq.); and 41.3.5 Arizona Executive Order 2009-09, as amended, et seq. which mandates that all persons shall have equal access to employment opportunities. 42.0 UNIFORM ADMINISTRATIVE REQUIREMENTS By entering into this Agreement, the Contractor 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. 43.0 FINANCIAL MANAGEMENT The Contractor 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 Contractor. 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 Contractor 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. 44.0 RETENTION OF RECORDS 44.1 This provision applies to all financial and programmatic records, supporting document, statistical records and other records of the Contractor that are related to this Agreement. 44.2 The Contractor 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. Page 16 of 34 ARPA – HOM, Inc. Centralized Landlord Engagement – ARPA21HOM Section 1 General Provisions 45.0 ADEQUACY OF RECORDS If the Contractor’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 Contractor shall reimburse the County for the services not supported and documented. 46.0 IMMIGRATION LAWS AND REGULATIONS 46.1 Federal Immigration and Nationality Act 46.1.1 The Contractor understands and acknowledges the applicability of the Immigration Reform and Control Act of 1986 (IRCA). The Contractor agrees to comply with the IRCA in performing under this Agreement and to permit the County to inspect personnel records to verify such compliance. 46.1.2 By entering into this Agreement, the Contractor warrant compliance with the Federal Immigration and Nationality Act (FINA) and all other federal immigration laws and regulations related to the immigration status of its employees. The Contractor 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 Contractor 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. 46.1.3 The Contractor may request verification of compliance for any employee or Subcontractor performing work under the Agreement. Should the County suspect or find that the Contractor 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 Contractor. All costs necessary to verify compliance are the responsibility of the Contractor or its Subcontractor. 46.2 Arizona Law: The Contractor warrants that it is in compliance with A.R.S. § 41-4401 (e-verify requirements) and further acknowledges that: 46.2.1 That then Contractor and its 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; 46.2.2 A breach of a warranty under this Subparagraph 46.2.2 shall be deemed a material breach of this Agreement and the County may immediately terminate this Agreement without liability; and 46.2.3 The County and any contracting government entity retain the legal right to inspect the papers and employment records of any Contractor or Vendor employees who works on this Agreement to ensure that the Contractor or Vendor is complying with the warranty provided under this Subparagraph 46.2.3 and that the Contractor agrees to make all papers and employment records of those employees available during normal working hours in order to facilitate such an inspection. 47.0 DRUG FREE WORKPLACE ACT The Contractor shall comply with the Drug-Free Workplace Act of 1988 (41 U.S.C. §§ 8102, et seq.), which requires that Contractors and grantees of federal funds must certify that they Page 17 of 34 ARPA – HOM, Inc. Centralized Landlord Engagement – ARPA21HOM Section 1 General Provisions will provide drug-free workplaces. This certification is a precondition to receiving a grant or entering into this Agreement. 48.0 EMPLOYMENT DISCLAIMER 48.1 This Agreement is not intended to constitute, create, give rise to, or otherwise recognize a joint venture agreement, partnership, or other 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. 48.2 The Contractor agrees that no individual performing under this Agreement on behalf of the Contractor 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 to or apply to any such individual. The Contractor 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 Contractor shall indemnify, defend, and hold harmless the County with respect thereto. 48.3 The County agrees that no individual performing under this Agreement on behalf of County may be considered a Contractor agent, employee, or representative and that no rights of the Contractor civil service, the Contractor retirement, or the Contractor 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 Contractor with respect thereto. 49.0 CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY AND VOLUNTARY EXCLUSION 49.1 The undersigned, by signing this Agreement, represents that he/she has the authority to bind the Contractor to the terms of this Certification. The Contractor, 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: 49.1.1 Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; 49.1.2 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; 49.1.3 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 49.1.2 above; and 49.1.4 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. Page 18 of 34 ARPA – HOM, Inc. Centralized Landlord Engagement – ARPA21HOM Section 1 General Provisions 49.2 The Contractor 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. 50.0 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS: 50.1 The Contractor 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 Contractor 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; 50.2 The Contractor 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 Contractor and copies provided to County upon request; and 50.3 The Contractor shall insert the substance of this clause, including this Paragraph 50.0, in all subcontracts over the simplified acquisition threshold ($250,000 as of June 2021). 51.0 WRITTEN CERTIFICATION PURSUANT TO A.R.S. § 35-393.01 If the Contractor 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 Contractor 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. 52.0 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. Page 19 of 34 ARPA – HOM, Inc. Centralized Landlord Engagement – ARPA21HOM SECTION 2 SPECIAL PROVISIONS Maricopa County Human Services Page 20 of 34 ARPA – HOM, Inc. Centralized Landlord Engagement – ARPA21HOM Section 2 Special Provisions 1.0 STANDARDS The Contractor shall perform the work and provide the services as identified in the Work Statement and shall immediately notify the Department whenever the Contractor 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 Contractor 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 Contractor to the remedies provided in Paragraph 5.0, Default and Remedies for Noncompliance in the Special Provisions. 2.0 COMPLIANCE WITH LAWS, RULES & REGULATIONS This Agreement and the Parties to it, are subject to all applicable federal, state, or local laws, rules, and regulations. The Contractor shall ensure compliance, and the Contractor shall comply with all applicable laws, rules, and regulations, without limitation to those designated within this Agreement. Refer to Paragraph 5.0, Default and Remedies for Noncompliance provided in the Special Provisions. 3.0 IT 508 COMPLIANCE Unless specifically authorized in the Agreement, any electronic or information technology offered to the County under this Agreement shall comply with A.R.S. §§ 18-131 and 18- 132, as may be amended, and Section 508 of the Rehabilitation Act of 1973, which require the employees and members of the public shall have access to use of information technology that is comparable to the access and use by employees and members of the public who are not individuals with disabilities. 4.0 AUDIT REQUIREMENTS In accordance with A.R.S. § 11-624, the Contractor shall, at its own expense, file with the County by March 31st of each Agreement year, either: 4.1 Audited financial statements prepared in accordance with federal single audit requirements; or 4.2 Financial statements of the program prepared in accordance with generally accepted accounting principles audited by an independent certified public accountant; or 4.3 A Comprehensive Annual Financial Report, prepared in accordance with generally accepted accounting principles audited by an independent certified public accountant. 5.0 DEFAULT AND REMEDIES FOR NONCOMPLIANCE 5.1 Notwithstanding anything to the contrary, this Section shall not be deleted or superseded by any other provision of this Agreement. 5.2 This Agreement may be immediately terminated by the County if the Contractor defaults by failing to perform any objective or breaches any obligation under this Agreement, or any event occurs that jeopardizes the Contractor’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 Contractor if the Contractor is unable or fails to provide required services within the specified time frame in the work statement. 5.3 Failure to comply with the requirements of this Agreement and all the applicable federal, state, or local laws, rules, and regulations may result in suspension or termination of this Agreement, the return of unexpended funds (less just compensation for work satisfactorily completed that, to date, has not been paid), Page 21 of 34 ARPA – HOM, Inc. Centralized Landlord Engagement – ARPA21HOM Section 2 Special Provisions the reimbursement of funds improperly expended, or the recovery of funds improperly acquired. Noncompliance includes, but is not limited to: 5.3.1 Non-performance of any obligations required by this Agreement. 5.3.2 Noncompliance with any applicable federal, state, or local laws, rules or regulations, including Department of Treasury guidelines, policies, or directives. 5.3.3 Unauthorized expenditure of funds. 5.3.4 Improper disposition of program income. 5.3.5 Noncompliance with applicable financial record requirements, accounting principles, or standards established by OMB circulars and 2 C.F.R. §§ 200, et seq. 5.3.6 Noncompliance with recordkeeping, record retention, or reporting requirements. 5.4 Notwithstanding the suspension or termination of this Agreement, or the final determination of the proper disposition of funds, the Contractor shall, without intent to limit or with restrictions, be subject to the following: 5.4.1 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. 5.4.2 Not be relieved of any liability or responsibility associated with the Special Provision or Work Statement. 5.4.3 Acknowledge that suspension or termination of this Agreement does not affect or terminate any rights against the Contractor 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. 5.4.4 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. 5.5 The Contractor 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. 6.0 ADMINISTRATIVE REQUIREMENTS 6.1 Accounting Standards - The Contractor 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 Contractor further agrees to maintain an adequate accounting system that provides for appropriate grant accounting (including calculation of program income). 6.2 Procurement - All procurement completed under this Agreement shall comply with the requirements at 2 C.F.R. Part 200, Subpart D, Procurement Standards. The Page 22 of 34 ARPA – HOM, Inc. Centralized Landlord Engagement – ARPA21HOM Section 2 Special Provisions Contractor may utilize its own procurement system if it meets or exceeds the requirements in 2 C.F.R. 200 Subpart D. 6.3 Repayment of Funds – The Contractor 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. 6.4 Documentation and Record Keeping - The Contractor agrees to comply with this Agreement and the following record keeping requirements: 6.4.1 Records to be maintained - The Contractor shall maintain all records required by the federal regulations that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to: 6.4.1.1 Records providing a full description of each activity undertaken; 6.4.1.2 Records demonstrating that each activity undertaken meets one of the objectives of this Agreement as executed; 6.4.1.3 Records required for determining the eligibility of activities; 6.4.1.4 Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with grant funds; 6.4.1.5 Financial records as required by 2 C.F.R. § 200, and OMB Circulars; 6.4.2 DUNS Number and SAM Profile - All Contractors shall have a valid Dun and Bradstreet (DUNS) number and an active profile in the federal System for Award Management (SAM). 6.4.2.1 To obtain a DUNS Number use this link: https://www.dnb.com/duns-number.html 6.4.2.2 For additional information on System for Award Management (SAM) and, DUNS use this link: https://www.sam.gov/SAM/pages/public/generalInfo/aboutSAM.jsf 6.4.3 Outcome Measures – The Contractor shall maintain data that supports the accomplishment of the desired outcomes as indicated in the Work Statement. 6.4.4 Records Retention - The Contractor shall retain all records pertinent to this Agreement for a period of six (6) years after all grant requirements have been met. In the event of litigation, a claim, or an audit is begun before the expiration of this retention period, said records shall be retained until all such action or audit findings involving the records have been resolved. 6.4.5 Disclosure - The Contractor 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 Contractor's responsibilities with respect to services provided under this Agreement, is prohibited unless written consent is obtained from such person receiving service. 6.4.6 Property Records - The Contractor 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. Page 23 of 34 ARPA – HOM, Inc. Centralized Landlord Engagement – ARPA21HOM Section 2 Special Provisions 6.4.7 Audits and Inspections - All Contractor 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 Contractor within 45 calendar days after receipt by the Contractor. Failure of the Contractor to comply with the above audit requirements shall constitute a violation of this Agreement and may result in the withholding of future payments. 6.4.8 The Contractor hereby agrees to have an Annual Audit conducted in accordance with Administrative Manual. The Annual Audit requirement is applicable regardless of the amount of funding received by Contractors via this Agreement. 6.5 Reporting 6.5.1 Progress Reports - The Contractor shall be responsible to provide reports on all activities related to the Scope of Work. The Contractor agrees to submit to the County Performance Reports: 6.5.1.1 Monthly Performance Report, Monthly Performance Reports shall be due on the 15th of the month, addressing activities of the proceeding month. If there has been no activity, then the reports need to explain why. Failure to submit timely reports will result in suspension of payment for reimbursement requests until all reports are brought current. 6.5.1.2 Other Department of Treasury-required reporting data as applicable shall be submitted. 6.6 Performance Monitoring - The County shall monitor the Contractor to determine if ARPA funded activities are implemented and administered in accordance with this Agreement and all applicable federal requirements and to gauge performance of the Contractor against goals and performance standards required in this Agreement. The Contractor will prepare for monitoring and assure all required files and documentation are available at scheduled monitoring. Failure of the Contractor to administer, implement, and perform as determined by federal regulations and County policies shall constitute noncompliance with this Agreement and is subject to the Default and Remedies for Noncompliance provided in Paragraph 5.0. 6.7 Subcontracts 6.7.1 Approvals - The Contractor 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 (Sub)contracts may not occur until a letter stating the Contractor is not on the debarred list is received from the County. 6.7.2 DUNS Number: All Subcontractors shall have a valid DUNS number and an active profile in the federal System for Award Management (SAM). 6.7.3 Selection Process - The Contractor shall ensure that all subcontracts let in the performance of this Agreement are awarded on a fair and open competitive basis. Executed copies of all Subcontracts shall be forwarded to the County along with documentation, if requested, concerning the selection process. 6.7.4 Agreement Monitoring - The Contractor shall monitor/review all Subcontracted services on a regular basis to assure Agreement compliance. Results of monitoring efforts shall be summarized in the Page 24 of 34 ARPA – HOM, Inc. Centralized Landlord Engagement – ARPA21HOM Section 2 Special Provisions Progress Reports and supported with documented evidence, if requested, of follow-up actions taken to correct areas of noncompliance. 7.0 TIMELY IMPLEMENTATION The Contractor agrees that timely implementation of the Work Statement is essential. The Contractor agrees that implementation of activities including design/development or construction (or both) shall commence not later than 60 calendar days after the execution of this Agreement. 8.0 ACTIVITY COMPLETION Upon the final payment to the Contractor by the County, the activity shall be considered complete. Upon completion of the Work Statement, all unspent ARPA resources shall be returned to the ARPA unprogrammed funds account. The Contractor 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 Contractor. The Contractor agrees to comply with the stipulations in the close-out letter that addresses responsibilities after the close of an activity. 9.0 OPERATION & MAINTENANCE Upon completion of the Work Statement, the Contractor shall assume sole responsibility for continuing operation and maintenance of the activity described in the Work Statement. 10.0 ADDITIONAL CERTIFICATIONS AND WARRANTIES 10.1 The obligations undertaken by the Contractor are further clarified in the Section 5 Attachments. These certifications include, but are not limited to: 10.1.1 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; Equal Opportunity in Housing Executive Order 11063, as amended; and any Department of Treasury regulations previously issued or to be issued to implement these authorities related to Civil Rights; 10.1.2 The requirements of the Office of the General Counsel 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 Section 281 of the National Housing Affordability Act; 10.1.3 Section 504 of the Rehabilitation Act of 1973 as amended and the Americans With Disabilities Act, of 1990; 10.1.4 Fair Housing Amendments Act of 1988; 10.1.5 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; 10.1.6 The Architectural Barriers Act of 1969 (42 U.S.C. Section 4151-4157); 10.1.7 The Hatch Act relating to the conduct of political activities (Chapter 15 of Title 5, U.S.C.); 10.1.8 Equal Employment Opportunity Executive Order 11246 and the regulations issued pursuant to it (41 C.F.R. Chapter 60) relating to nondiscrimination in employment and contracting opportunities; 10.1.9 The Drug-Free Workplace Act of 1988 as it applies to this activity. 10.1.10 The Contractor shall warrant and cause its Subcontractors to warrant compliance with immigration laws and regulations at A.R.S. §§ 41- 4401 and 23-214. Page 25 of 34 ARPA – HOM, Inc. Centralized Landlord Engagement – ARPA21HOM Section 2 Special Provisions 10.1.11 Contractors that are governmental entities (including public agencies) shall comply with the requirements and standards of 10.1.11.1 2 C.F.R. § 225, "Cost Principles for State, Local and Indian Tribal Governments," and 10.1.11.2 2 C.F.R. § Part 200 including Subpart D – Post Federal Award Requirements, Subpart E – Cost Principles, and Subpart F – Audits. 10.1.12 Contractors that are non-profits shall comply with the requirements and standards of: 10.1.12.1 2 C.F.R. Part 230, "Cost Principles for Nonprofit Organizations," or 2 C.F.R. 220, "Cost Principles for Educational Institutions," as applicable, 10.1.12.2 OMB Circular A-134, “Financial Accounting Principles and Standards,” and 10.1.12.3 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. 10.1.13 Administrative Change Orders– The Chairman of the Board of Supervisors is authorized upon the recommendation of the Human Services Department Director and Legal Counsel to make changes within the general scope of the Agreement on behalf of the County through Administrative Change Orders. Administrative Change Orders shall be approved and fully executed by the Chairman of the Board of Supervisors and the Contractor’s authorized Representative. Administrative Change Orders may address any of the following areas: 10.1.13.1 Modifications to the project timeline if the last day of the project timeline is within the Agreement term; 10.1.13.2 Modifications to Budget line items if the Agreement Amount remains unchanged; 10.1.13.3 Modifications required by federal, state, or County regulations, ordinances, or policies; and 10.1.13.4 Modifications to Administrative requirements such as changes in reporting periods, frequency of reports, or report formats required by Department of Treasury or local regulations, policies or requirements. 10.1.14 It is the responsility of the Contractor to ensure the latest documents are consulted and followed. Page 26 of 34 ARPA – HOM, Inc. Centralized Landlord Engagement – ARPA21HOM SECTION 3 WORK STATEMENT Maricopa County Human Services Page 27 of 34 ARPA – HOM, Inc. Centralized Landlord Engagement – ARPA21HOM Section 3 Work Statement 1.0 SCOPE OF WORK HOM, Inc. will administer a centralized, systemwide landlord engagement service for Maricopa County’s homeless services system. HOM, Inc. will work collaboratively with the Maricopa County Human Services Department, the Maricopa Regional Continuum of Care, homeless services practitioners, and other relevant stakeholders in the initial branding, design, planning, and implementation of the service to meet the needs of the community’s homeless housing programs. 1.1 The service will benefit all scattered site, tenant based rental assistance programs that are dedicated to serving individuals and families experiencing homelessness. These generally include homeless housing interventions like Permanent Supportive Housing (PSH), Rapid Rehousing (RRH), Supportive Services for Veteran Families (SSVF), HUD-VASH, and select mainstream low-income housing programs that are targeted to ending homelessness, like HOME TBRA and Housing Choice Vouchers (HCV) with local preferences for homelessness. The programs must participate in the Maricopa Regional Continuum of Care’s coordinated entry system and HMIS. 1.2 The landlord engagement service will include rental market research, outreach and education, recruitment, incentivization, and retention of landlords to expand housing opportunities for people experiencing homelessness. 1.3 Rental Market Research, Outreach, and Marketing 1.3.1 Develop brand identity for the landlord engagement service and leverage the HOM brand as contractor; 1.3.2 Develop marketing materials including print, web, video, email marketing, social media, infographics, and PowerPoint presentations; 1.3.3 Identify, collect, and maintain market research data from community and industry sources; 1.3.4 Identify prospective landlords for the housing programs and generate leads for outreach and recruitment; 1.3.5 Visit properties and management company offices in person to make presentations and distribute housing program marketing materials; 1.3.6 Conduct outreach and education presentations at community and industry events, such as Arizona Multihousing Association (AMA) events, local REALTOR© board events, community service group events (Kiwanis, Rotary, Chambers of Commerce, faith groups) and others; 1.3.7 Convene and staff a Landlord Advisory Council, in coordination with the Arizona Multihousing Association (AMA); 1.3.8 Coordination and partnership with public and private funders of affordable rental housing development (LIHTC, HOME, HTF, etc.) to target marketing and recruitment efforts; 1.3.9 Use existing landlord pool to identify and network with sister properties, peers, and colleagues; 1.3.10 Market the housing programs to prospective landlords and explain all program facets of various housing programs and paperwork requirements; 1.3.11 Recruit landlords whose tenant screening criteria will provide opportunities for applicants with criminal backgrounds, including those with felony convictions; 1.3.12 Coordinate with external supportive services providers around the housing search and lease-up process; 1.3.13 Operate a landlord phone hotline, online portal, dedicated and monitored email address or other communication method with a designated Landlord Page 28 of 34 ARPA – HOM, Inc. Centralized Landlord Engagement – ARPA21HOM Section 3 Work Statement Engagement Specialist to coordinate a response to concerns or issues brought forward by landlords regarding participants or providers; 1.3.14 Coordinate with the Human Services Department to identify and refer potentially qualified properties for services in the Lead Safe Maricopa County program; and 1.3.15 Collect feedback from landlords about experience working with the housing programs and recommend improvements. 1.4 Administration of Padmission Housing Search Platform 1.4.1 Administer HOM’s custom-built landlord engagement and housing search software platform; 1.4.2 Work with landlords to maintain real time information of available units that are categorized by location, size, property type, amenities, programs accepted, and screening criteria; 1.4.3 Facilitate collaboration, coordination and information sharing among community stakeholders; 1.4.4 Provide access to Padmission for community homeless service providers and program participants; and 1.4.5 Utilize Padmission reporting and analytics to inform outreach and identify areas of needed support for housing programs. 1.5 Administration of Landlord Financial Incentives and Risk Mitigation Funds 1.5.1 Pay signing bonuses to landlords willing to work with and/or retain designated housing programs; 1.5.2 Pay unit hold/reservation fees to landlords willing to set aside units at properties for participation in designated housing programs; 1.5.3 Administer risk mitigation fund and process landlord claims for damage and/or vacancy loss re-imbursement in accordance with funding guidelines. 2.0 STAFFING HOM, Inc. identifies the following dedicated staff for the landlord engagement service: One (1) Senior Manager, Landlord Relations 0.33 FTE One (1) Landlord Engagement Supervisor 1.0 FTE Two (2) Housing Location Specialists 2.0 FTE One (1) Landlord Engagement Specialist - Hotline 1.0 FTE One (1) Landlord Support Specialist 1.0 FTE One (1) Communications Coordinator 0.50 FTE One (1) Administrative Assistant 0.30 FTE 3.0 PERFORMANCE MANAGEMENT DELIVERABLES HOM, Inc. will collect and report the following performance-related data to the Maricopa County Human Services Department Housing & Community Development division quarterly. 3.1 Total number of properties that accept homeless housing programs; 3.2 Number of new properties recruited to accept homeless housing programs; 3.3 Total number of units available by unit size, city, zip code, and housing programs accepted with an emphasis on units in zip codes that support de-concentration efforts; 3.4 Number of active users in Padmission; including service provider case managers, housing program participants, and property managers; Page 29 of 34 ARPA – HOM, Inc. Centralized Landlord Engagement – ARPA21HOM Section 3 Work Statement 3.5 Number of landlord outreach and education events hosted or participated in by landlord engagement service; 3.6 Quarterly Landlord Advisory Council meeting minutes, recommendations, and action steps; and 3.7 Results of quarterly surveys of landlord and community partners. 4.0. OUTCOME STATEMEMT This service will increase the rate of acceptance and participation by landlords in targeted homeless housing programs in the Maricopa Regional Continuum of Care. Through targeted outreach, education, recruitment, incentivization, and retention activities for landlords, the homeless services system will increase its rate of permanent housing outcomes for people experiencing homelessness in Maricopa County. The increase in participating landlords and available units will allow the Maricopa County homeless services agencies to increase housing placements by 20% in the first year and incrementally increase by 10% in each subsequent year. Page 30 of 34 ARPA – HOM, Inc. Centralized Landlord Engagement – ARPA21HOM SECTION 4 BUDGET AND COMPENSATION Maricopa County Human Services Page 31 of 34 ARPA – HOM, Inc. Centralized Landlord Engagement – ARPA21HOM Section 4 Budget and Compensation 1.0 BUDGET Description FTE Salary Year 1 Year 2 Year 3 Director, Landlord Relations 0.33 86,865 28,665 29,239 29,824 Landlord Engagement Supervisor 1.00 65,686 65,686 67,000 68,340 Housing Location Specialist 2.00 45,406 90,812 92,628 94,481 Landlord Engagement Specialist - Hotline 1.00 45,406 45,406 46,314 47,240 Landlord Support Specialist 1.00 45,406 45,406 46,314 47,240 Communications Coordinator 0.50 55,425 27,713 28,267 28,832 Administrative Assistant 0.30 40,102 12,031 12,271 12,517 Total Salaries 6.13 315,719 322,033 328,474 ERE @ 25% 78,930 80,508 82,118 Total Salaries & ERE 394,648 402,541 410,592 Vehicles QTY Annual Cost Year 1 Year 2 Year 3 Vehicle Lease 3.0 3,429 10,286 10,286 10,286 Vehicle Operation 3.0 3,180 9,540 9,540 9,540 Vehicle Insurance 3.0 3,331 9,993 9,993 9,993 Total Vehicle Operation 29,819 29,819 29,819 Occupancy & Insruance QTY Annual Cost Year 1 Year 2 Year 3 Internet / Phone 6.13 346 2,121 2,121 2,121 Rent / Utilities 6.13 6,189 37,939 38,394 38,855 Property, Liability and Cyber 6.13 685 4,199 4,619 5,081 Total Occupancy & Insurance 44,259 45,134 46,056 Office Support QTY Annual Cost Year 1 Year 2 Year 3 Office Supplies 6.13 1,500 9,195 9,195 9,195 Office Furishings 6.13 1,500 9,195 Copier, Printer, Postage 6.13 1,260 7,724 7,724 7,724 Total Office Support 26,114 16,919 16,919 Technology QTY Annual Cost Year 1 Year 2 Year 3 Website Maintenance 1.00 6,000 6,000 6,000 6,000 Desktop Computer 6.13 1,500 9,195 Padmission License 1.00 20,000 20,000 20,000 20,000 Mobile Phones 3.83 720 2,758 2,758 2,758 iPad 3.83 144 552 552 552 IT Support and Subscription 6.13 690 4,230 4,230 4,230 Landlord Mitigation Portal Buildout 1.00 25,000 25,000 - - ALN Subscription 1.00 2,400 2,400 2,400 2,400 Total Technology 70,134 35,939 35,939 Professional QTY Annual Cost Year 1 Year 2 Year 3 Professional Consulting 1.00 50,000 50,000 Legal 1.00 8,750 8,750 Training 6.13 500 3,065 3,065 3,065 RE Licensing 3.00 510 1,530 1,530 1,530 Association Memberships 6.13 133 815 815 815 Total Professional 64,160 5,410 5,410 Marketing and Advertising QTY Annual Cost Year 1 Year 2 Year 3 Brand and Web Site Development 1.00 250,000 250,000 Event Management 1.00 12,000 12,000 12,000 12,000 Digital Advertising 1.00 36,000 36,000 36,000 36,000 Uniform 2.00 400 800 200 200 Total Advertising 298,800 48,200 48,200 Total Direct Expense 533,285 181,420 182,343 Total Direct Salaries & Expense 927,933 583,962 592,935 Administration Annual Cost Year 1 Year 2 Year 3 Administration 10% 92,793 58,396 59,293 Profit 46,397 29,198 29,647 Total Administration 139,190 87,594 88,940 Total Direct Salaries & Admin 1,067,124 671,556 681,875 Landlord Financial Incentive and Risk Mitigation Funding Annual Cost Year 1 Year 2 Year 3 Signing Bonus and Financial Incentive Activities 400,000 500,000 375,000 Risk Mitigation (Damage and Vacancy Loss) 400,000 500,000 375,000 Total Landlord Financial Incentive and Risk Mitigation Funding 800,000 1,000,000 750,000 Grand Total 1,867,124 1,671,556 1,431,875 Three-Year Grand Total 4,970,555 Page 32 of 34 ARPA – HOM, Inc. Centralized Landlord Engagement – ARPA21HOM Section 4 Budget and Compensation 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 Subject to the availability and authorization of funds for the explicit purposes set forth in the Work Statement, the County will pay the Contractor compensation for services rendered as indicated in the following subsections. 2.3 The Contractor shall be reimbursed utilizing Catalog of Federal Domestic Assistance (CFDA) Number: H.R. 1319, America Rescue Plan Act of 2021. 2.4 The County shall reimburse the Contractor on a net “0” payments standard. 3.0 METHOD OF PAYMENT 3.1 The Contractor 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 Contractor for actual allowable costs incurred, following submittal by Contractor 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 Contractor 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 Department of Treasury disallows reimbursement for the activity or any portion thereof. Funds not expended in implementing this activity or upon completion of the activity shall be returned to the ARPA unprogrammed funds account. Request for reimbursement must be made using the Request for Reimbursement form provided by the County. 4.0 DISALLOWED COSTS 4.1 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 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 Contractor and may not be reimbursed with County funds. 4.2 The Contractor shall follow cost principles as outlined in Office of Management and Budget (OMB) Uniform Guidance, 2 C.F.R. §§ 200, et seq. 5.0 FINAL REIMBURSEMENT UPON CONTRACT TERMINATION 5.1 Prior to termination of this Agreement, at the date identified on page 1 of this Agreement, or as may be amended, the Contractor shall submit the final reimbursement request. 5.1.1 This request shall be submitted no later than 30 calendar days after the termination date except as noted immediately below. Page 33 of 34 ARPA – HOM, Inc. Centralized Landlord Engagement – ARPA21HOM Section 4 Budget and Compensation 5.1.2 If the termination date is between June 10 and June 30, then the final reimbursement request shall be submitted by July 10th. 5.1.3 The final progress report, and any other required reports that may be applicable, such as the program income report, shall be submitted with the final reimbursement request. Page 34 of 34 ARPA – HOM, Inc. Centralized Landlord Engagement – ARPA21HOM