CITY OF AVONDALE HOME AGREEMENT.PDF

INTERGOVERNMENTAL AGREEMENT
BETWEEN
MARICOPA COUNTY
ADMINISTERED BY ITS
HUMAN SERVICES DEPARTMENT
AND
THE CITY OF AVONDALE
Agreement Amount: $206,370
Agreement Start Date: _________________
Agreement Termination Date: September 30, 2024
Agreement Number:
CFDA Number: 14.239, HOME Investment Partnerships Program
DUNS Number: 002486884
This Intergovernmental Agreement (“Agreement”) is entered between Maricopa County,
administered by its Human Services Department (“County”), and the City of Avondale (“City”).
The City and the County collectively are referred to in this Agreement as the “Parties” and
individually as a “Party.”
The County shall provide financial reimbursement in the amount listed above, subject to the terms
of this Agreement and the availability of funds. The Agreement Amount constitutes the County’s
entire participation and obligation in the performance and completion of all work to be performed
under this Agreement.
The City for and in consideration of the covenants and conditions set forth in this Agreement shall
provide and perform the services set forth in this Agreement. All rights and obligations of the
Parties shall be governed by the terms of this Agreement and its exhibits, attachments, and
appendices, including any Subcontracts, Amendments, or Change Orders as set forth in this
Agreement and in:
Section 1 – General Provisions
Section 2 – Special Provisions
Section 3 – Work Statement
Section 4 – Compensation
Section 5 – Attachments
Lead Agency: Maricopa County
Representative: Rachel Milne, Assistant Director, Housing and Community Development Division
Phone: 602-372-1528
E-mail : Rachel.Milne@maricopa.gov
Address: 234 North Central Avenue, Third Floor, Phoenix, Arizona 85004
City: Avondale, Arizona
Representative: Marsha Chavez, Housing and Community Development Manager
Phone: (623) 333-2726
E-mail: mchavez@avondaleaz.gov
Address: 995 E. Riley Drive, Avondale, AZ 85323
Notice under this Agreement 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
Page 1 of 47
City of Avondale

above and shall be effective upon receipt if personally delivered and three (3) business days after
being placed in the U.S., properly addressed, with sufficient postage, if sent by registered or
certified mail. 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
understandings, 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 consent to any lawsuits, or waiver of any defenses in a lawsuit brought against
Maricopa County or the City in any state or federal court.
IN WITNESS, the Parties have signed this Agreement:
APPROVED BY: APPROVED BY:
MARICOPA COUNTY City of Avondale
Jack Sellers, Chairman, Board of Supervisors Charles A. Montoya, City Manager Date
Attested to: Attested to:
Juanita Garza, Clerk of the Board Date Marcella Carrillo, City Clerk Date
IN ACCORDANCE WITH A.R.S. §§ 11-201, IN ACCORDANCE WITH A.R.S. §§ 9-240 and
11-251, AND 11-952, THIS AGREEMENT HAS 11-952, THIS AGREEMENT HAS BEEN
BEEN REVIEWED BY THE UNDERSIGNED REVIEWED BY THE UNDERSIGNED
ATTORNEY WHO HAS DETERMINED IT IS ATTORNEY WHO HAS DETERMINED IT IS
PROPER IN FORM AND WITHIN THE PROPER IN FORM AND WITHIN THE
POWERS AND AUTHORITY GRANTED TO POWERS AND AUTHORITY GRANTED TO
MARICOPA COUNTY UNDER THE LAWS OF THE CITY OF AVONDALE UNDER THE
THE STATE OF ARIZONA. LAWS OF THE STATE OF ARIZONA.
Approved as to form:
Approved as to form:
Deputy County Attorney Date City Attorney, City of Avondale Date
Page 2 of 47
City of Avondale

SECTION 1
GENERAL PROVISIONS
MARICOPA COUNTY HUMAN SERVICES DEPARTMENT
Page 3 of 47
City of Avondale

Section 1 General Provisions
1.0 PURPOSE
The County shall provide the City with U.S. Department of Housing and Urban Development
(HUD) HOME Investment Partnerships Program funds for the provision of HOME activities
as identified in Section 3 (Work Statement).
2.0 TERM
The Term of this Agreement shall commence upon the signature of the last signer
(“Agreement Start Date”) and terminate on the Agreement Termination Date listed on page
1 of this Agreement.
3.0 RENEWAL
This Agreement may be renewed by a written amendment, provided however, that the City
is in full compliance with all terms and conditions of this Agreement. Each renewal may not
exceed the duration of the previous term. The City shall notify the County in writing of its
intent to extend the Agreement term at least ninety (90) 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. All requests for amendment made by the City shall be sent to the County no
later than ninety (90) calendar days prior to expiration of the original Agreement term, or
any additional terms thereafter.
5.0 TERMINATION
5.1 Pursuant to 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 Pursuant to A.R.S. § 38-511, the City 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 City is at any time while the Agreement or any extension
of the Agreement is in effect, 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 City 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 City 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.
Page 4 of 47
City of Avondale

Section 1 General Provisions
5.3 Either party may terminate this Agreement at any time by giving the other Party at
least sixty (60) calendar days prior notice in writing (unless terminated by the County
under the Availability of Funds provision). The notice shall be given by either
personal delivery or registered or certified mail, postage prepaid and return receipt
requested to the persons at the addresses set forth on page 1 of this Agreement.
5.4 The County has the right to terminate this Agreement upon twenty-four (24) hour
notice when the County deems the health or welfare of the service recipients are
endangered or the City’s non-compliance 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.
5.5 In accordance with 2 C.F.R. § 200, the County may suspend or terminate this
Agreement if the City violates any terms or conditions of this Agreement or if the City
fails to maintain a good faith effort to carry out the purpose of this Agreement.
5.6 The Parties may terminate this Agreement for convenience in accordance with 2
C.F.R. § 200. 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.
6.0 EFFECT
To the extent that the Special Provisions conflict with the General Provisions, the Special
Provisions shall control. To the extent that the Work Statement and the Special or General
Provisions are in conflict, the Work Statement shall control. To the extent that the
Compensation Provisions 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 Annual Action Plan means the annual plan submitted by the County (as the lead
agency of the Maricopa HOME Consortium) to HUD, which describes the
Consortium’s annual program goals.
7.2 Assistant Director means the Director of the Housing and Community
Development Division within the Maricopa County Human Services Department.
7.3 Beneficiary means a person or household that meets the income requirements of
24 C.F.R. § 92.203 subject to the restriction on assistance to students enrolled in an
institution of higher education, as described in 24 C.F.R. § 5.612.
7.4 Board of Supervisors (BOS) means the Maricopa County Board of Supervisors.
7.5 Commitment or Commit to a Specific Local Project shall have the same meaning
as set forth in 24 C.F.R. § 92.2 (1) and (2), respectively.
7.6 County means Maricopa County.
7.7 Department means the Maricopa County Human Services Department, Housing
and Community Development Division as Lead Agency.
7.8 Director means the Director of the Maricopa County Human Services Department.
7.9 Division means the Housing and Community Development Division of the Maricopa
County Human Services Department.
7.10 Five-Year Consolidated Plan means the HUD required Consolidated Plan
submitted by the County as the Lead Agency for the Maricopa HOME Consortium.
7.11 HOME means the HOME Investment Partnerships Program.
7.12 HUD means U.S. Department of Housing and Urban Development.
Page 5 of 47
City of Avondale

Section 1 General Provisions
7.13 IDIS means Integrated Disbursement Information Systems. IDIS is a nationwide
database that provides HUD with current information regarding HOME activities.
7.14 Lead Agency or Department means the Maricopa County Human Services
Department, Housing and Community Development Division.
7.15 Low-income families means families whose annual incomes do not exceed 80
percent of the median income for the area, as determined by HUD, with adjustments
for smaller and larger families, except that HUD may establish income ceilings higher
or lower than 80 percent of the median for the area on the basis of HUD findings that
such variations are necessary because of prevailing levels of construction costs or
fair market rents, or unusually high or low family incomes. An individual does not
qualify as a low-income family if the individual is a student who is not eligible to
receive Section 8 assistance under 24 C.F.R. § 5.612.
7.16 Minority Business Enterprise (MBE) means an entity that is majority owned or
controlled by a socially and economically disadvantaged individual as described
by Public Law 95-507.
7.17 Net Proceeds means the amount remaining after deducting non-HOME debt and
closing costs from the sale of a HOME funded asset, obligation, or loan.
7.18 Performance Bond means a bond executed to secure fulfillment of the City's
obligations under this Agreement.
7.19 Period of Affordability means for homebuyer and rental projects, the length of time
required that HOME-assisted housing must be occupied by income-eligible
households. The minimum Period of Affordability is five years for HOME subsidies
of less than $15,000 per unit; ten years for subsidies of $15,000 to $40,000; and
15 years for subsidies greater than $40,000. New construction of rental housing
has a Period of Affordability of 20 years and refinancing of rental housing has a
minimum Period of Affordability of 15 years.
7.20 Program Income means gross income received by the City directly generated
from the use of HOME funds. For purposes of this Agreement, the gross income
from the sale of real property acquired and constructed with HOME funds is
considered Program Income. Program Income is subject to the requirements of
the HOME regulations.
7.21 Project means the work activities or functions identified in Section 3 (Work
Statement) as described in a legally binding agreement between the City and the
prospective owners or beneficiaries of the HOME funds for which all necessary
financing has been secured, budgeted and underwriting has been completed and
otherwise complies with 24 C.F.R. Part 92.2(2) and 92.2 (A) and (B). For Tenant-
Based Rental Assistance, Project means assistance to one or more families
through a rental assistance contract.
7.22 Public Agency has the meaning prescribed by A.R.S. § 11-951.
7.23 Recaptured Proceeds means the funds from the net proceeds from the HOME
investment in homebuyer housing. The Recapture Provisions state that the funds be
returned in order to assist other HOME-eligible families. The Recapture provisions
are triggered by any transfers of title, either voluntary or involuntary, during the
HOME Period of Affordability.
7.24 Subcontract means any agreement entered into by the City with a third party for
professional services for performance of any of the work or provision of any of the
services covered by this Agreement.
7.25 Subcontractor means an entity funded through the City to provide any work or
services required by the Work Statement.
Page 6 of 47
City of Avondale

Section 1 General Provisions
7.26 Subrecipient means a public or private nonprofit agency, authority or organization,
or an entity described in 24 C.F.R. § 57.0.204(c), to which a subaward is made and
which is accountable to the recipient for the use of the funds provided.
7.27 Vendor means an entity funded through the City to provide services required by
the Work Statement.
7.28 Very low-income families means low-income families whose annual incomes do
not exceed 50 percent of the median family income for the area, as determined by
HUD with adjustments for smaller and larger families, except that HUD may
establish income ceilings higher or lower than 50 percent of the median for the
area on the basis of HUD findings that such variations are necessary because of
prevailing levels of construction costs or fair market rents, or unusually high or low
family incomes. An individual does not qualify as a very low-income family if the
individual is a student who is not eligible to receive Section 8 assistance under 24
C.F.R. § 5.612.
7.29 Work Statement means the section of this Agreement that contains a description
of services to be delivered pursuant to this Agreement.
7.30 Women’s Business Enterprise (WBE) means an entity in which a woman has
majority ownership and control.
8.0 GENERAL REQUIREMENTS
8.1 The terms of this Agreement shall be construed in accordance with Arizona law and
the applicable regulations of the United States Department of Housing and Urban
Development (HUD). Any lawsuit arising out of this Agreement shall be brought in
the appropriate court in Maricopa County, Arizona.
8.2 The City shall, without limitation, obtain and maintain all licenses, permits, and
authority necessary to do business, render services, and perform work under this
Agreement, and it shall comply with all laws regarding unemployment insurance,
disability insurance, and workers’ compensation.
8.3 The City is an independent contractor in the performance of work and the provision
of services under this Agreement.
8.4 The City shall comply with the regulations prohibiting a conflict of interest, and not
make any payments, either directly or indirectly, to any person, partnership,
corporation, trust, or other organization that has a substantial interest in the Parties’
organization or with which the Parties (or one of their directors, officers, owners, trust
certificate holders, or relatives) have a substantial interest, unless the Parties make
full written disclosure of the proposed payments to the County and have received
written approval for the payments. 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
The City hereby agrees to the receipt of funds under the terms of this Agreement and agrees
to execute and return a signed Agreement to the County within 30 days after receipt of this
Agreement unless the City has received a written waiver of this requirement from the
County.
10.0 ASSIGNMENT AND SUBCONTRACTING
No right, liability, obligation, or duty under this Agreement may be assigned, delegated, or
subcontracted, in whole or in part, without the prior written approval of the County. The City
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.
Page 7 of 47
City of Avondale

Section 1 General Provisions
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 City, as provided
in this Agreement, 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 City 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
of termination, the County 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 County shall give written
notice of the effective date of any suspension, amendment, or termination under this
Subparagraph at least ten (10) calendar days in advance.
12.0 BUDGET ADJUSTMENTS
12.1 Any requests for reasonable budget adjustments must be submitted ninety (90)
calendar days prior to the expiration of this Agreement. Requests for adjustments to
this Agreement must be supported by documentation.
12.2 The City 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
City’s authorized Representative and defined in Section 2 (Special Provisions),
Paragraph 20.0 (General Conditions). 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, any dispute arising out
of this Agreement that is not resolved between the Parties within a reasonable period
of time, which shall not exceed one hundred twenty (120) days, shall be submitted
in accordance with the following dispute resolution process:
13.1.1 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 City
knew or should have known of the basis of the dispute.
13.1.2 The Assistant Director shall respond in writing to the City 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 City is
served with the decision, the City files a written notice of appeal with the
Human Services Department Director.
13.1.3 The Human Services Department Director shall provide the City with a
written response within fourteen (14) business days following receipt of the
notice of appeal. The decision of the Director shall be final and not
appealable.
13.1.4 Pending a final decision from the Director, the City shall diligently proceed
with its performance of this Agreement in accordance with the Assistant
Director’s decision.
Page 8 of 47
City of Avondale

Section 1 General Provisions
14.0 DEFAULT AND REMEDIES FOR NONCOMPLIANCE
14.1 Notwithstanding anything to the contrary, this Subparagraph shall not be deleted or
superseded by any other provision of this Agreement.
14.2 This Agreement may be immediately terminated by the County if the City defaults
by failing to perform any objective, or breaches any obligation under this Agreement,
or any event occurs that jeopardizes the City’s ability to perform any of its obligations
under this Agreement. The County reserves the right to have the services provided
by persons other than the City if the City is unable or fails to provide required services
with the specified time frame.
14.3 Failure to comply with the requirements of this Agreement and all applicable
federal, state, or local laws, rules, and regulations may result in suspension or
termination of this Agreement, the return of unexpended funds (less just
compensation for work satisfactorily completed that, to date, has not been paid),
the reimbursement to the County by the City of any funds improperly expended,
or the recovery of funds improperly acquired. Noncompliance with this Agreement
includes but is not limited to:
14.3.1 Nonperformance of any obligations;
14.3.2 Noncompliance with any applicable federal, state, or local laws, rules, or
regulations, including HUD guidelines, policies, or directives;
14.3.3 Unauthorized expenditure of funds;
14.3.4 Violation of the applicable affordability period;
14.3.5 Improper disposition of Recaptured Proceeds;
14.3.6 Improper disposition of Program Income;
14.3.7 Noncompliance with applicable financial record requirements, accounting
principles, or standards established by 2 C.F.R. §§ 200, et seq; and
14.3.8 Noncompliance with recordkeeping, record retention, or reporting
requirements.
14.4 Notwithstanding the suspension or termination of this Agreement, or the final
determination of the proper disposition of funds, the City shall, without intent to
limit or with restrictions, be subject to the following:
14.4.1 All 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.
14.4.2 Not be relieved of any liability or responsibility associated with the Special
Provision or Work Statement.
14.4.3 Acknowledge that suspension or termination of this Agreement does not
affect or terminate any rights against the City at the time of suspension or
termination, or that may accrue later. Nothing in this Agreement shall be
construed to limit or terminate any right or remedy available under contract
or rule.
14.4.4 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.
14.5 The City shall, upon notice or with knowledge obtained by the City, or others, take
any and all proactive actions necessary, and provide any and all applicable remedies
to address and correct any act by it or its employees, officials, successors, assigns,
Contractors, or Subcontractors that resulted in any wrongdoing (intentional or
unintentional); misuse or misappropriation of funds; the incorrect or improper
Page 9 of 47
City of Avondale

Section 1 General Provisions
disposition of funds; any violations of any federal, state, or local laws, rules, or
regulations; or the breach of any certifications or warranties provided in this
Agreement.
15.0 SEVERABILITY
Any provision of this Agreement that is determined to be invalid, void, or illegal by a court
shall in no way affect, impair, or invalidate any other provision of this Agreement, and the
remaining provisions shall remain in full force and effect.
16.0 STRICT COMPLIANCE
The County’s acceptance of the City’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 follow Section 1 (General Provisions), Paragraph 4.0 (Amendments) of this
Agreement.
17.0 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 act or omission by the City or Vendor or any agents, representatives, officials,
officers, directors, employees, volunteers, departments, agencies, boards, committees, or
commissions of the City 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
purchases or contracts made by the City or Vendor or any agents, representatives, officials,
officers, directors, employees, volunteers, departments, agencies, boards, committees, or
commissions of the City or Vendor, in connection with this Agreement.
18.0 INDEMNIFICATION
To the extent permitted by law, the City shall, and shall cause any of its Subcontractors,
to indemnify, defend, save 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, committees, and commissions (“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) (“Claims”): A.) that either directly or indirectly are caused by,
arise from, or relate to breach of this Agreement by the City and any of its Subcontractors,
or any of the agents, representatives, officials, officers, directors, employees, volunteers,
departments, agencies, boards, committees, or commissions of the City and any of its
Subcontractors; and B.) for bodily injury or personal injury (including death), or loss or
damage to tangible or intangible property that are either directly or indirectly caused by,
arise from, or relate to, or are alleged to be caused by, arise from, or relate to, in whole or
in part, the negligent or willful acts or omissions of the City and any of its Subcontractors,
or any of the agents, representatives, officials, officers, directors, employees, volunteers,
departments, agencies, boards, committees, or commissions of the City and any of its
Subcontractors. This indemnity includes any claims or amounts arising out of or recovered
under the Workers’ Compensation Law or arising out of the failure of the City or any of its
Subcontractors to conform to any federal, state, or local laws, statutes, ordinances, rules,
regulations, or court decrees. 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
Page 10 of 47
City of Avondale

Section 1 General Provisions
omissions of the Indemnitee, be indemnified by the City and any of its Subcontractors from
and against any and all Claims. It is agreed that the City and any of its Subcontractors will
be responsible for primary loss investigation, defense, and judgment costs where this
indemnification is applicable.
19.0 TECHNICAL ASSISTANCE
The County shall provide reasonable technical assistance to the City 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 City of full
responsibility and accountability for its actions and performance in compliance with the
terms of this Agreement.
20.0 SINGLE AUDIT ACT REQUIREMENTS
The City is subject to the federal audit requirements of the Single Audit Act of 1984, as
amended (Pub. L. No. 98-502) (codified at 31 U.S.C. §§ 7501, et seq.). The City shall comply
with 2 C.F.R. §§ 200, et seq. Upon completion, such audits shall be made available for
public inspection. Audits shall be submitted within the twelve (12) months following the close
of the fiscal year. The City shall take corrective actions within six (6) months after the date
of receipt of the reports. The County shall consider sanctions as described in 2 C.F.R. §
200.505 if it is determined by either HUD or the County that the City is not in compliance
with the audit requirements.
21.0 AUDIT DISALLOWANCES
21.1 The City 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, as well as court costs and attorney and expert fees the
County spends to pursue legal action relating to a disallowance. Court costs and
attorney and expert fees incurred will be specifically identified as applicable to the
recovery of the disallowed costs in question.
21.2 If the County determines that a cost for which payment has been made is a
disallowed cost, then the County will notify the City 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 amount of the disallowance or to require
immediate repayment of the disallowed amount by the City issuing a check payable
to the County.
22.0 STAFF AND VOLUNTEER TRAINING
The County may make available to the City the opportunity to participate in any applicable
training activities conducted by the County.
23.0 CLEAN AIR ACT
If the total face value of this Agreement exceeds $100,000, then the City agrees to comply
with all regulations, standards, and orders issued under 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.
24.0 LOBBYING
24.1 No federal appropriated funds have been paid or will be paid by or on behalf of the
City 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
Page 11 of 47
City of Avondale

Section 1 General Provisions
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.
24.2 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 City shall complete and submit OMB Form-LLL,
titled "Disclosure of Lobbying Activities," in accordance with its instructions and 31
U.S.C. § 1352.
25.0 RELIGIOUS ACTIVITIES
The City agrees that none of its costs and none of the costs incurred by any Vendor will
include any expense for any religious activity.
26.0 POLITICAL ACTIVITY PROHIBITED
None of the funds, materials, property, or services contributed by the County or the City
under this Agreement shall be used for any partisan political activity, or to further the election
or defeat of any candidate for public office.
27.0 COVENANT AGAINST CONTINGENT FEES
The City warrants that no person or entity has been employed or retained to solicit or secure
this Agreement upon an agreement or understanding for a commission, percentage,
brokerage, or contingent fee. For breach or violation of this warranty, the County may
immediately terminate this Agreement without liability.
28.0 SAFEGUARDING OF PARTICIPANT INFORMATION
The use or disclosure by any Party of any information concerning an applicant for, or
recipient of, services under this Agreement is directly limited to the purpose of this
Agreement. The City and its agents shall safeguard the confidentiality of this information as
required by federal and state law. The City shall include a clause to this effect in all
Subcontracts.
29.0 RIGHTS IN DATA
The Parties shall have the use of data and reports resulting from this Agreement without
cost or other restriction, except as otherwise provided by law or applicable regulation. Each
Party shall supply the other Parties, upon request, any available information that is relevant
to this Agreement and to the performance under it.
30.0 COPYRIGHTS
If this Agreement results in a book or other written material, then the author is free to
copyright the work, but the County reserves a royalty-free, nonexclusive, perpetual, and
irrevocable license to reproduce, publish, use, and to authorize others to use all copyrighted
material and all material that can be copyrighted as a result of this Agreement.
31.0 PATENTS
Any discovery or invention arising out of, or developed in the course of, work aided by this
Agreement shall be promptly and fully reported to the County for determination as to whether
patent protection on such invention or discovery shall be sought and how the rights in the
Page 12 of 47
City of Avondale

Section 1 General Provisions
invention or discovery, including rights under any patent issued on such invention or
discovery, shall be disposed of and administered in order to protect the public interest.
32.0 AGREEMENT COMPLIANCE MONITORING
32.1 The County will monitor the City’s compliance with fiscal and programmatic
performance under the terms and conditions of this Agreement and applicable
regulations promulgated by the HUD and Maricopa County. On-site visits for
compliance monitoring may be made by either the County or its grantor agencies (or
by both the County and its grantor agencies) at any time during the City's normal
business hours, announced or unannounced. For auditing purposes, the County
shall provide the City with a 30-calendar day advance notice of any proposed on-
site visits. During an on-site visit, the City shall make all its records and accounts
related to work performed under this Agreement available to the County for
inspection and copying.
32.2 The County shall request information for monitoring/audit per Office of Management
and Budget (OMB) Uniform Guidance 2 C.F.R. § 200, to include:
32.2.1 Financial Management 2 C.F.R. § 200.302
32.2.2 Internal Controls 2 C.F.R. § 200.303
32.2.3 Bonds 2 C.F.R. § 200.304
32.2.4 Payment and Financial Reporting 2 C.F.R. § 200.305
32.2.5 Cost Sharing or Matching 2 C.F.R. § 200.306
32.2.6 Program Income 2 C.F.R. § 200.307
32.2.7 Revision of Budget and Program Plans 2 C.F.R. § 200.308
32.2.8 Period of Performance 2 C.F.R. § 200.309
32.2.9 Insurance Coverage 2 C.F.R. § 200.310
32.2.10 Record Retention and Access 2 C.F.R. § 200.31
32.2.11 Procurement Standards 2 C.F.R. § 200.318
32.2.12 Indirect Costs 2 C.F.R. § 200.414
32.2.13 Compensation-Personal Services 2 C.F.R. § 200.430
32.2.14 Audit Requirements 2 C.F.R. § 200.501-200.517
33.0 CONTINGENCY RELATING TO OTHER CONTRACTS AND GRANTS
33.1 The City shall, during the term of this Agreement, immediately inform the Lead
Agency in writing of any other agreement or grant, including any other agreement or
grant awarded by the County, where the award may affect either the direct or indirect
costs being paid or reimbursed under this Agreement. Failure by the City to notify
the County of such award shall be considered a violation of this Agreement and the
County may immediately terminate this Agreement without liability.
33.2 The County may request, and the City will provide within a reasonable time, which
shall not exceed ten (10) business days, a copy of such other agreement or grant,
when in the opinion of the County the award of the Agreement or grant may affect
the costs being paid or reimbursed under this Agreement.
33.3 If the County determines that the award to either the City of such other agreement
or grant has affected the costs being paid or reimbursed under this Agreement, then
the County will prepare an amendment to this Agreement effecting a cost
adjustment. If the City disputes the proposed cost adjustment, then the dispute shall
be resolved pursuant to the "Disputes" section contained in this Agreement.
34.0 MINIMUM WAGE REQUIREMENTS
The City 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
Page 13 of 47
City of Avondale

Section 1 General Provisions
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.
35.0 RECOGNITION OF DEPARTMENT SUPPORT
The City will give recognition to the County and the funding source for its support when the
City publishes materials that are (or releases of public information that is) paid for either in
whole or in part with funds received by the City under this Agreement.
36.0 INSURANCE
36.1 The City shall 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
that is or companies that 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.
36.2 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 this
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.
36.3 The City’s insurance shall be primary insurance in respect to the County, and any
insurance or self-insurance maintained by the County shall not contribute to it.
36.4 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.
36.5 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 City shall be solely responsible for the deductible and self-insured
retention and the County, at its option, may require the City to secure payment of
such deductibles or self-insured retentions by a surety bond or an irrevocable and
unconditional letter of credit.
36.6 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 either policies or
endorsements (or both) or to advise the City of any deficiencies in such policies
and endorsements, and such receipt shall not relieve the City from, or be deemed
a waiver of the County’s right to insist on strict fulfillment of the City’s obligations
under this Agreement.
36.7 The insurance policies required by this Agreement, except Workers’
Compensation, shall name the County and its agents, representatives, officials,
officers, directors, employees, volunteers, departments, agencies, boards,
committees, and commissions as Additional Insureds.
36.8 The policies required under this Agreement, except Workers’ Compensation, shall
contain waivers of transfer of rights of recovery (subrogation) against the County
and its agents, representatives, officials, officers, directors, employees, volunteers,
departments, agencies, boards, committees, and commissions for any claims
arising out of the work or service of the City.
Page 14 of 47
City of Avondale

Section 1 General Provisions
36.9 The City’s policies shall stipulate that the insurance afforded the City shall be
primary insurance and that any insurance carried by the County and its agents,
representatives, officials, officers, directors, employees, volunteers, departments,
agencies, boards, committees, or commissions shall be excess and not
contributory insurance, as provided by A.R.S. § 41-621.
36.10 Coverage provided by the City shall not be limited to the liability assumed under
the Indemnification provisions of this Agreement.
36.11 The City shall have coverage in effect at all times during the term of this Agreement
in as much that is adequate to protect the County and its agents, representatives,
officials, officers, directors, employees, volunteers, departments, agencies,
boards, committees, and commissions and equipment funded under this
Agreement against such losses as are set forth below. The City shall each name
the County and its agents, representatives, officials, officers, directors, employees,
volunteers, departments, agencies, boards, committees, and commissions as
additional insured parties. The City shall provide the County with documentation
of insurance coverage by furnishing the County a certificate of insurance or a
certified copy of the insurance policy or other documentation.
36.12 The following types and amounts of insurance are required as a minimum:
36.12.1 Workers' Compensation according to statutory limits;
36.12.2 Unemployment Insurance as required by Arizona Law;
36.12.3 Public Liability, Bodily Injury, and Property Damage;
36.12.3.1 General Liability, each occurrence, $1,000,000; and
36.12.3.2 Property Damage $1,000,000; or combined single limit each
occurrence $1,000,000.00 minimum 3 Automobile and
Truck Liability with minimum limits of $1,000,000.00 per
occurrence.
36.12.4 Standard minimum deductible amounts are allowable. Any deductible
amounts are the responsibility of the City and reimbursements, if any,
under this Agreement are subject to regulatory provisions of the funding
source(s) of this Agreement.
36.12.5 Property or equipment purchased or furnished through funds provided
under this Agreement shall be fully insured for the purchase or
replacement cost of such property or equipment.
36.13 Certificates of Insurance:
36.13.1 Upon execution of this Agreement, the City shall furnish the County with
valid and complete certificates of insurance or formal endorsements as
required by the Agreement, issued by the City’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.
36.13.2 Prior to commencing either work or services under this Agreement,
the City shall have insurance in effect as required by this Agreement
in the form provided by the County, issued by the City’s insurer(s),
as evidence that policies providing the coverage, conditions, and
limits required by this Agreement are in full force and effect. Such
certificates shall be made available to the County within ten (10)
business days of request by County. BY SIGNING THIS
AGREEMENT, THE CITY AGREES TO THIS REQUIREMENT AND
THAT FAILURE TO MEET THIS REQUIREMENT WILL RESULT IN
CANCELLATION OF THIS AGREEMENT.
Page 15 of 47
City of Avondale

Section 1 General Provisions
36.13.3 In the event any insurance policies required by this Agreement are
written on a “claims made” basis, coverage shall extend for two years
past completion and acceptance of the City’s work or services and as
evidenced by annual Certificates of Insurance.
36.13.4 If a policy does expire during the life of this Agreement, then a renewal
certificate must be sent to the County fifteen (15) business days prior
to the expiration date.
36.14 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.
36.15 Subcontractors:
Either the City’s certificate(s) shall include all Subcontractors as insureds under its
policies or the City shall furnish to the County separate certificates for each
Subcontractor. All coverages for Subcontractors shall be subject to the minimum
requirements identified above.
36.16 Approval:
Any modifications or variations from the insurance requirements in this Agreement
must have prior approval from the County whose decision shall be final. Such
action will require a formal Amendment and must be approved and signed by both
Parties.
36.17 Exceptions:
In the event the City, or a Subcontractor is a public entity, the Insurance
Requirements shall not apply to such public entity. Such public entity shall provide
a Certificate of Self-Insurance.
37.0 GRIEVANCE PROCEDURE
The City 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
City’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 City’s
level. This system shall include protest procedures for decisions related to contract awards
and requests for reasonable accommodations for persons with disabilities.
38.0 NONDISCRIMINATION
The City, in connection with any service or other activity under this Agreement, shall not in
any way discriminate against any person on the grounds of race, color, religion, sex, national
origin, age, disability, political affiliation or belief. The City shall include this clause in all its
Subcontracts.
39.0 EQUAL EMPLOYMENT OPPORTUNITY
39.1 The City shall not discriminate against any employee or applicant for employment
because of race, age, disability, color, religion, sex, or national origin.
39.2 The City shall each take affirmative action to ensure applicants are employed and
that employees are treated during employment without regard to their race, age,
disability, color, religion, sex, 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.
Page 16 of 47
City of Avondale

Section 1 General Provisions
39.3 The City shall, to the extent the following provisions apply, comply with:
39.3.1 Title VI and VII of the Civil Rights Act of 1964, as amended (42 U.S.C.
§§ 2000a, et seq.);
39.3.2 the Rehabilitation Act of 1973, as amended (29 U.S.C. §§ 701, et seq.);
39.3.3 the Age Discrimination in Employment Act of 1967, as amended (29
U.S.C. §§ 621, et seq.);
39.3.4 the Americans With Disabilities Act of 1990 (42 U.S.C. §§ 12101, et
seq.); and
39.3.5 Arizona Executive Order 2009-09, as amended, et seq. which mandates
that all persons shall have equal access to employment opportunities.
40.0 DISABILITY REQUIREMENTS
The City agrees that any electronic or information technology offered under this Agreement
shall comply with 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.
41.0 UNIFORM ADMINISTRATIVE REQUIREMENTS
The City 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 2 C.F.R. §§ 200, et seq.
42.0 FINANCIAL MANAGEMENT
The City shall establish and maintain a separate, interest-bearing bank account for money
provided under this Agreement, or an accounting system that assures the safeguarding and
accountability of all money and assets provided under this Agreement. No part of the money
deposited in such bank account shall be commingled. All interest earned on such an account
shall be disposed of in a manner specified by the County in accordance with applicable state
and federal regulations. The City 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.
43.0 RETENTION OF RECORDS
43.1 This provision applies to all financial and programmatic records, supporting
documents, statistical records, and other records of the City that are related to this
Agreement.
43.2 The City shall retain all records related to this Agreement for a minimum of 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, or for the Period of Affordability
imposed by deed restrictions. 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.
44.0 ADEQUACY OF RECORDS
If the City’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 City shall reimburse the County for the services not supported and documented.
Page 17 of 47
City of Avondale

Section 1 General Provisions
45.0 COMPETITIVE BID REQUIREMENTS
45.1 Equipment
The City 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:
45.1.1 Procurements less than $3,000 (micro-purchases) are exempt from needing
competitive quotes.
45.1.2 Procurements exceeding an aggregate amount of $3,000 shall be approved
by the County. At least three (3) bidders shall be solicited to submit written
quotations. The award shall be made to the lowest bidder meeting
specification requirements concerning price, conformity to specifications,
and other purchasing factors.
45.2 Supplies
The City 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 City obtains the County’s prior written approval to
purchase supplies by an alternate method.
45.3 Minority, Women, and Small Business Enterprises
The City shall take affirmative steps to provide an opportunity for minorities, women,
and small businesses to compete in the procurement of equipment and supplies
under this Agreement.
45.4 Funding source requirements relating to competitive bid procedures may supersede
any or all subparts of this clause and will be specified in the Special Provisions
section of this Agreement.
46.0 PROPERTY
Any property furnished or purchased under the terms of this Agreement shall be utilized,
maintained, repaired, and accounted for in accordance with instructions furnished by the
County and shall revert to the County upon termination of this Agreement unless the County
determines otherwise. The costs to repair such property are the responsibility of the City
within the limits budgeted under this Agreement. Repair costs beyond the budgeted amount
shall be approved by the County.
47.0 IMMIGRATION LAWS AND REGULATIONS
47.1 Federal Immigration and Nationality Act
47.1.1 The City understands and acknowledges the applicability of the Immigration
Reform and Control Act of 1986 (IRCA). The City agrees to comply with the
IRCA in performing under this Agreement and to permit the other Parties to
inspect personnel records to verify such compliance.
47.1.2 The City 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 City shall obtain statements
from its Subcontractors certifying compliance and shall furnish the
statements to the Assistant Director upon request. These warranties shall
remain in effect through the term of this Agreement. The City and its
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.
Page 18 of 47
City of Avondale

Section 1 General Provisions
47.1.3 The County may request verification of compliance for any employees or
Subcontractors performing work under this Agreement. Should the County
either suspect or find that the City 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 this
Agreement for default, and suspension or debarment (or both) of the City.
All costs necessary to verify compliance are the responsibility of the City
and its Subcontractor(s).
47.2 Arizona Law
47.2.1 The City warrants that it will comply with A.R.S. § 41-4401 (e-verify
requirements) and further acknowledge that:
47.2.2 The City and its Subcontractors and 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;
47.2.3 A breach of a warranty under Sub-subparagraphs 48.2.1 and 48.2.2 above
shall be deemed a material breach of this Agreement and the County may
immediately terminate this Agreement without liability; and
47.2.4 The County and any contracting government entities retain the legal right to
inspect the papers and employment records of any employees of the City
and its Subcontractors and Vendors who work on this Agreement to ensure
that the City and its Subcontractors and Vendors are complying with the
warranty provided under Sub-subparagraphs 48.2.1 and 48.2.2 above and
that the City agrees to make all papers and employment records of such
employee(s) available during normal working hours in order to facilitate such
an inspection.
48.0 GOVERNOR’S EXECUTIVE ORDER NO. 88-26
The City is required to use the Arizona Taxonomy of Human Services for reporting and
contracting purposes.
49.0 EMPLOYMENT DISCLAIMER
49.1 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 amongst the Parties, and the rights and
obligations of the Parties shall be only those expressly set forth in this Agreement.
49.2 The Parties agree that no individuals performing activities under this Agreement on
behalf the City are to be considered a County employee, and no rights of County
civil service, County retirement, or County personnel rules shall accrue to such
individuals. The City shall have total responsibility for all its 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 shall defend
and hold the County harmless with respect thereto.
50.0 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND
VOLUNTARY EXCLUSION
50.1 The undersigned individuals, by signing and submitting this Agreement have the
authority to certify the City to the terms, representations, and warranties of this
Certification. The City, defined as the primary participant in accordance with 2 C.F.R.
Part 376, certifies to the best of its knowledge and belief that it and its principals:
Page 19 of 47
City of Avondale

Section 1 General Provisions
50.1.1 are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any federal
department or agency;
50.1.2 have not, within a 3-year period preceding this Agreement, been convicted
of or had a civil judgment rendered against them for 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; violation of any federal or state antitrust statutes, or
commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
50.1.3 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 Subparagraph 51.1.2 of this certification;
50.1.4 have not, within a 3-year period preceding this Agreement, had one or more
public transactions (federal, state, or local) terminated for cause or default;
50.1.5 shall immediately notify the County if, at any time during the term of this
Agreement, they are debarred, suspended, declared ineligible, or voluntarily
excluded from participation. The County may pursue available remedies in
the event of such occurrence, including immediate termination of this
Agreement; and
50.1.6 shall not enter into a Subcontract or sub-recipient agreement with any person
or organization that is debarred, suspended, declared ineligible, or
voluntarily excluded from participation. The County may pursue available
remedies in the event of such occurrence, including immediate termination
of this Agreement.
50.2 The City shall include, without modification, this Certification’s language, titled
“Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary
Exclusion” in all agreements with other contractors, in all lower tier covered
transactions, and in all solicitations for lower tier covered transactions in accordance
with 45 C.F.R. Part 76.
50.3 Should the City not be able to provide this Certification, an explanation as to why
shall be immediately provided to the County, Attention: Housing and Community
Development Assistant Director, 234 North Central Avenue, Third Floor, Phoenix,
Arizona 85004.
51.0 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO
INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS
51.1 The City agrees that this Agreement and employees working on this Agreement
will be subject to the whistleblower rights and remedies in the pilot program on
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;
51.2 The City shall inform its employees in writing, in the predominant language of the
workforce, of employee whistleblower rights and protections under 41 U.S.C. §
4712, as described in Section 3.908 of the Federal Acquisition Regulation.
Documentation of such employee notification must be kept on file by the City and
copies provided to the County upon request; and
51.3 The City shall insert the substance of this clause, including this Subparagraph, in
all Subcontracts over the simplified acquisition threshold ($150,000 as of
September 2013).
Page 20 of 47
City of Avondale

Section 1 General Provisions
52.0 WRITTEN CERTIFICATION IN ACCORDANCE WITH A.R.S. § 35-393.01
If the City engages in for-profit activity and has 10 or more employees, and if this
Agreement has a value of $100,000 or more, then the City certifies it is not currently
engaging in and agrees for the duration of this Agreement not to engage in, a boycott of
goods or services from Israel. This certification does not apply to a boycott prohibited by
50 U.S.C. § 4842 or a regulation issued pursuant to 50 U.S.C. § 4842.
53.0 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 21 of 47
City of Avondale

SECTION 2
SPECIAL PROVISIONS
MARICOPA COUNTY
HUMAN SERVICES DEPARTMENT
Page 22 of 47
City of Avondale

Section 2 Special Provisions
1.0 STANDARDS
The City shall perform the work and provide the services identified in the Work Statement
and shall immediately notify the County whenever the City 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 City 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 City to the remedies provided in the Default and Remedies for Noncompliance
established in the General 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 City shall comply with all applicable laws, rules, and
regulations, without limitation to those designated within this Agreement.
3.0 COMPLIANCE WITH REQUIREMENTS REGARDING ELIGIBILITY FOR PUBLIC
BENEFITS
3.1 The City shall comply with state and other laws regarding eligibility for public
benefits, including A.R.S. §§ 1-501 and 1-502, which state that public benefits shall
only be provided to eligible applicants who are citizens of the United States, or are
Qualified Non-Citizens:
3.1.1 All applicants authorized to receive public benefits must provide
documentation of their lawful presence in the United States through a
verification process.
3.1.2 All eligible applicants must also execute a sworn affidavit stating that the
documentation provided during the verification process to prove citizenship
or qualified non-citizen is true.
3.1.3 The Affidavit Demonstrating Lawful Presence in the United States or similar
form shall be used to document compliance with requirements listed above.
3.1.4 Maricopa County and its subcontracted entities are required to report
“discovered violations” of federal immigration law.
3.1.5 Federal public benefits are defined in A.R.S. § 1-501 as any grant, contract,
loan, professional license, or commercial license provided by an agency of
the United States or by appropriated funds of the United States; and any
retirement, welfare, health, disability, public or assisted housing,
postsecondary education, food assistance, unemployment benefit, or any
other similar benefit for which payments or assistance are provided to an
individual, household, or family eligibility unit by an agency of the United
States or by appropriated funds of the United States.
3.1.6 State or local public benefits are defined in A.R.S. § 1-502 as any grant,
contract, loan, professional license, or commercial license provide by an
agency of the state or local government or by appropriated funds of a state
or local government; and any retirement, welfare, health, disability, public
or assisted housing, postsecondary education, food assistance,
unemployment benefit, or any other similar benefit for which payments or
assistance are provided to an individual, household, or family eligibility unit
by an agency of a state or local government or by appropriated funds of a
state or local government.
3.2 Programs, services, or assistance (such as soup kitchens, crisis counseling and
intervention, and short-term shelter) that meet the following conditions are exempt
from A.R.S. §§ 1-501 and 1-502:
Page 23 of 47
City of Avondale

Section 2 Special Provisions
3.2.1 deliver in-kind services at the community level, including through public or
private nonprofit agencies;
3.2.2 do not condition the provision of assistance, the amount of assistance
provided, or the cost of assistance provided on the individual recipient’s
income or resources; and
3.2.3 are necessary for the protection of life or safety.
4.0 AUDIT REQUIREMENTS
The City shall, at its own expense, file with the Human Services Department, Housing and
Community Development Division, by March 30th of each year, either audited financial
statements prepared in accordance with federal single audit requirements, or financial
statements of the HOME Program prepared in accordance with generally accepted
accounting principles audited by an independent certified public accountant.
5.0 SPECIAL FEDERAL AND PROJECT PROVISIONS
In accordance with HUD HOME Program regulations, the City agrees to use HOME funds
pursuant to the Five-Year Consolidated Plan and the Annual Action Plan as approved by
HUD and all requirements of 24 C.F.R. § 92. The City will require that this requirement be
included in the award documents for all subawards at all tiers (including Subcontracts,
subgrants, and agreements under grants, loans, and cooperative agreements) and that
all Subcontractors and Vendors shall certify and disclose accordingly. The Annual Action
Plan is hereby incorporated by reference into this Agreement. The Project activities are
described in Section 3 (Work Statement). The City shall be responsible to provide reports
of all activities related to the Work Statement. The City agrees to submit to the County the
following reports:
5.1 Program Income Report: If applicable, due annually on March 31st.
5.2 Quarterly Performance Reports: due on the 15th of January, April, July, and
October of the preceding three (3) months (i.e., the July report covers the months
of April, May, and June). Reports shall address all Project activities described in
the Work Statement. Failure to submit timely Quarterly Performance Reports will
result in suspension of reimbursement of funds requested until all reports are
brought current.
5.3 Request for Reimbursements: The Request for Reimbursement Form must
include all supporting documentation, and a Match Log. The City will complete the
documents and submit them to the County for approval.
5.4 HOME Setup Reports: due within one (1) year after the date this Agreement is
fully executed. According to 24 C.F.R. § 92.250 (b): Before Setup Reports are
submitted, the City must evaluate the Project in accordance with guidelines that
the City has adopted for determining a reasonable level of profit or return on its
investment in the Project and must not commit or invest any more HOME funds,
alone or in combination with other governmental assistance, than are necessary
to provide quality affordable housing that is financially viable for a reasonable
period (at a minimum, the Period of Affordability in accordance with 24 C.F.R. §§
92.252 and 92.254) and that will not provide a profit or return on the City’s
investment that exceeds the City’s established standards for the size, type, and
complexity of the Project.
5.5 HOME Completion Report: due no later than sixty (60) days after final payment
is requested. The HOME Completion Report must include all required documents
as described in this Agreement. Within ten (10) business days after receipt of the
HOME Completion Report, the County will enter the Project completion data into
the HUD Exchange Integrated Disbursement and Information System (IDIS). The
Page 24 of 47
City of Avondale

Section 2 Special Provisions
date the HOME Completion Report is entered into IDIS is the date the affordability
period commences for each activity.
5.6 Initial Request for Reimbursement form: with required documentation for each
activity is due within 45 (forty-five) days after submitting a HOME Setup Report.
5.7 Other HUD: required reporting data as applicable.
6.0 PROGRAM INCOME
Program Income may be retained and used by the City for HOME-eligible activities that
benefit low-income families, as outlined in 24 C.F.R. § 92. Any Program Income received
by the City must be retained and reported by the County in the following year's Annual
Action Plan. The City will report to the County by March 31st of each year the amount of
HOME Program Income received during the period of April 1st to March 31st. Maricopa
County then will report the Program Income funds to HUD in the HOME Consortium’s
Annual Action Plan, designating the activity type for which the Program Income will be
expended.
7.0 REAL PROPERTY ACQUIRED or IMPROVED WITH HOME FUNDS
Upon expiration of this Agreement, any real property under the City’s control that was
acquired or improved in whole or in part with HOME funds must be occupied by low- or
very-low income households (or both) and in compliance with HOME occupancy limits and
must meet the requirements to qualify as affordable housing subject to encumbrances and
obligations described in any applicable recorded deed restrictions. The option to use deed
restrictions must include a Period of Affordability as set forth in 24 C.F.R. §§ 92.252 and
92.254.
8.0 FIRST TIME HOMEBUYER DOWN PAYMENT ASSISTANCE PROGRAM
Eligible costs are for down payment, closing costs ,and/or principal reduction of up to
$30,000 as may be needed to ensure the home is affordable and in accordance with 24
C.F.R. § 92.254.
9.0 DE-OBLIGATION
The County may de-obligate funds under this Agreement under any one or more of the
following circumstances upon written notice to the City:
9.1 The City completes performance under the Work Statement without using all funds
provided by the County under this Agreement;
9.2 A Program activity under the Work Statement is cancelled or changed for reasons
other than non-performance; or
9.3 This Agreement has been terminated.
10.0 REDUCTION IN FUNDS
The County, through an Amendment, may reduce Agreement funds under either or both
of the following circumstances:
10.1 The County determines that the City failed to utilize the funds provided by this
Agreement in compliance with the terms and conditions outlined herein; or
10.2 The City failed to perform in accordance with Section 3 (Work Statement) and
identified timelines.
11.0 REPAYMENT OF FUNDS
The City shall repay funds that are defined as unallowable costs under applicable laws
and regulations. This repayment obligation extends to, but is not limited to, questioned
costs identified in either a monitoring review or Single-Audit report. Repayment of funds
Page 25 of 47
City of Avondale

Section 2 Special Provisions
is required by HUD for failed projects during the Period of Affordability for Projects financed
under this Agreement. 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 one hundred eighty (180) calendar days following the
written determination by the County of noncompliance.
12.0 ADMINISTRATIVE REQUIREMENTS
12.1 The County is responsible for ensuring HUD HOME Program funds are
administered in accordance with the HOME regulations, 24 C.F.R. §§ 92, et seq.
The County shall monitor the City’s activities to ensure compliance with the
following:
12.1.1 FINANCIAL RECORDS: accounting system and financial records comply
with the applicable requirements and standards of 2 C.F.R. 200, et seq.
and are subject to monitoring from time to time by the either the County or
by HUD.
12.1.1.1 The City agrees to adhere to accounting principles and
procedures, to utilize adequate internal controls, and
maintain necessary source documentation for all costs
incurred. The City further agrees to maintain an adequate
accounting system that provides for appropriate grant
accounting.
12.1.1.2 The City shall adhere to applicable audit requirements as
described in, and in accordance with, 2 C.F.R. §§ 200, et
seq. In addition, the City must provide annual single-audit
reports or annual audited financial statements to the
County.
12.1.1.3 The City shall adhere to the repayment of investment
requirements set forth in 24 C.F.R. § 92.503. Any HOME
Funds invested in housing that do not meet the affordability
requirements for the period specified in either 24 C.F.R. §
92.252 or § 92.254, as applicable, must be repaid in
accordance with 24 C.F.R. § 92.503(b)(3).
12.1.2 DOCUMENTATION AND RECORD KEEPING
12.1.2.1 Records to be Maintained: The City shall maintain all
records required by the federal regulations specified in 24
C.F.R. § 92.508 that are pertinent to the activities to be
funded under this Agreement. Such records shall include,
but not be limited to, records:
12.1.2.1.1 Providing a full description of each activity
undertaken and its impact;
12.1.2.1.2 Required to determine the eligibility of
activities;
12.1.2.1.3 Demonstrating compliance with
environmental review requirements;
12.1.2.1.4 Required to document the acquisition,
improvement, use, or disposition of real
property acquired or improved with HOME
assistance (Properties retained shall
continue to meet eligibility criteria);
12.1.2.1.5 Demonstrating citizen participation;
Page 26 of 47
City of Avondale

Section 2 Special Provisions
12.1.2.1.6 Demonstrating compliance regarding
acquisitions, displacement, relocation, and
replacement housing;
12.1.2.1.7 Demonstrating continuing compliance for all
activities and compliance with Recapture
provisions of the affordability standards;
12.1.2.1.8 Documenting compliance with the fair
housing and equal opportunity components
of the HOME Program;
12.1.2.1.9 Required by 24 C.F.R. § 570.502, 2 C.F.R.
§§ 200, et seq., and OMB Circulars;
12.1.2.1.10 Other records necessary to document
compliance with HOME Program
requirements;
12.1.2.1.11 Documenting compliance with Section 3 of
the Housing and Urban Development Act of
1968 and implementing regulations at 24
C.F.R. § 135;
12.1.2.1.12 Demonstrating compliance with deeds of
trust, promissory notes, and forgivable loans;
12.1.2.1.13 Supporting that the City has maintained
client data demonstrating all clients served
have met the income and other criteria
required by federal law and that no unlawful
discrimination occurs in the solicitation or
selection process of low-income persons or
groups and that no conflict of interest exists,
as described in 24 C.F.R. § 92.356;
12.1.2.1.14 Documenting compliance with underwriting
and subsidy layering requirements, including
the requirement that the City will not invest
any more HOME funds in combination with
other federal assistance than is necessary to
provide affordable housing, as described in
24 C.F.R. § 92.250 and further described in
HUD Notice CPD 15-11; and,
12.1.2.1.15 Demonstrating compliance with federal,
state, and local laws and regulations,
including compliance with A.R.S. §§ 1-501
and 1-502.
12.1.2.2 Outcome Measures – The City shall maintain data that
supports the accomplishment of the desired outcomes as
indicated in the Work Statement.
12.1.2.3 Disclosure – The City 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 City’s
responsibilities with respect to services provided under this
Agreement, is prohibited unless written consent is obtained
from such person receiving service.
Page 27 of 47
City of Avondale

Section 2 Special Provisions
12.1.2.4 Program Activity Reports – Such reports as required by the
County including, but not limited to, HOME
Setup/Completion Reports, Quarterly Performance Reports,
annual Program Income Reports, Match Reports,
MBE/WBE information, and other HUD-required reporting
data, as applicable, shall be submitted at the completion of
each Program that is described under the Work Statement.
12.1.2.5 Audits and Inspections – All of the City’s records with
respect to any matters covered by this Agreement shall be
made available to the County, its designees, and 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 shall be
addressed by the City within 45 days after receipt by the
City. Failure of the City to comply with the above audit
requirements shall constitute a violation of this Agreement
and may result in the withholding of future payments. The
Annual Audit requirement is applicable to all levels of
funding received by the City under this Agreement, even if
the level of funding is less than the current thresholds cited
in 2 C.F.R. § 200.501.
12.1.2.6 Performance Monitoring – The County will monitor the City
to determine whether HOME funded activities are
implemented and administered in accordance with all
applicable federal requirements and gauge performance of
the City against goals and performance standards required
in this Agreement. The City shall ensure that all required
files and documentation are available at scheduled
monitoring visits. The failure of the City to administer,
implement, and perform as determined by federal
regulations and by the County shall constitute non-
compliance with this Agreement. Non-compliance is a
violation of this Agreement and may result in the withholding
of future payments.
13.0 ENVIRONMENTAL REVIEW CONDITIONS
13.1 Completion of the Environmental Review Record (ERR) is mandatory before taking
any physical action on a site or entering into choice-limiting contracts. Only exempt
activities such as administration may be taken and reimbursed by the County prior
to receiving a written release of HOME funds to the City. Exempt activities
described in 24 C.F.R. § 58.34(a)(1)-(11) are activities that generally have no
physical impact on the environment. If federal funds are involved in an activity,
then neither federal nor non-federal funds may be expended or committed by
contract (conditional or not) for property acquisition, rehabilitation, conversion,
lease, repair, or construction activities until either HUD or the County provides the
City with written authorization based on approval of an ERR.
13.2 An option agreement (to purchase land or a single-family residence) on a proposed
site or property is allowable prior to the completion of the environmental review if
the option agreement is contingent upon a HUD authorization to use funds based
Page 28 of 47
City of Avondale

Section 2 Special Provisions
on the completion of the ERR. The cost of the option must be a nominal portion of
the purchase price.
13.2.1 The City agrees to comply with: The National Environmental Policy Act of
1969 (P.L. 91-190) pursuant thereto 40 C.F.R. Parts 1500 – 1508;
Environmental Review Procedures for Entities Assuming HUD
Environmental Responsibilities pursuant thereto Title 24 C.F.R. Part 58,
Subpart A; CPD Notice 01-11 HOME Environmental Review
Requirements; and all conditions required in the process of the
environmental assessment.
13.2.2 Air and Water - The City shall comply with the following requirements
insofar as they apply to the performance of this Agreement:
13.2.2.1 Clean Air Act, 42 U.S.C. § 7401, et seq., as amended.
13.2.2.2 Federal Water Pollution Control Act, as amended, 33 U.S.C.
§§ 1251, et seq, as amended, Section 1318 relating to
inspection, monitoring, entry, reports, and information, and
all regulations and guidelines issued thereunder.
13.2.2.3 Environmental Protection Agency (EPA) regulations
pursuant to 40 C.F.R. § 50, as amended.
13.2.2.4 The City agrees to comply with conditions set forth by the
Air Quality Department or other County agency, as required.
13.2.2.5 Flood Disaster Protection - In accordance with the
requirements of the Flood Disaster Protection Act of 1973
(42 U.S.C. § 4001), the City shall ensure that for activities
located in an area identified by FEMA as having special
flood hazards, flood insurance under the National Flood
Insurance Program is obtained and maintained as a
condition of financial assistance for acquisition or
construction purposes. The City shall require the
homeowner to obtain and maintain flood insurance as a
condition of funding, or funds shall not be utilized.
13.2.2.6 Historic Preservation – The City shall comply with the
Historic Preservation requirements set forth in the National
Historic Preservation Act of 1966 (16 U.S.C. § 470) and the
procedures set forth in 36 C.F.R. § 800, Advisory Council
on Historic Preservation Procedures for Protection of
Historic Properties, insofar as they apply to the performance
of this Agreement.
13.2.2.7 Release of Funds (ROF) - No funds may be encumbered
prior to the completion of the Environmental Review. The
ERR must be completed before any funds are obligated.
Funding also is conditioned upon the completion of the ERR
of every activity site by address. The responsibility for
certifying the appropriate ERR and ROF shall rest with the
County. It is the responsibility of the City to notify the County
and to refrain from making any commitments and
expenditures on a site until a ROF has been issued by the
County. Failure to meet these conditions will mean that
requested funds will not be disbursed.
Page 29 of 47
City of Avondale

Section 2 Special Provisions
14.0 ADDITIONAL CERTIFICATIONS, WARRANTIES, AND AGREEMENTS
14.1 The City agrees to undertake the same obligations as the County has undertaken
to HUD pursuant to the County’s Annual Action Plan (included in this Agreement
by reference) and shall adhere to the federal Certifications referenced below,
including Attachment 1 - Certification for a Drug-Free Workplace (HUD form
50070) and Attachment 2 - Certification of Payments to Influence Federal
Transactions (HUD form 50071). The City shall hold the County harmless, defend,
and indemnify the County against any damages or other liabilities that the County
may incur with respect to HUD as a result of any failures on the part of the City.
14.2 The City agrees:
14.2.1 To ensure that the total HOME investment in each unit does not
exceed the maximum per unit subsidy (24 C.F.R. § 92.250) for the
area in which the property is located. This limit is updated annually.
Refer to Attachment 3 of this Agreement.
14.2.2 To ensure that the Period of Affordability imposed on the Project
reflects the per unit subsidy limit.
14.2.3 To ensure that the annual Homeownership Value Limits are not
exceeded. HOME funds for homebuyer assistance or single-family
rehabilitation Projects must have an initial purchase price that does
not exceed 95% of the median purchase price for Maricopa County.
These limits apply to homeownership units assisted with HOME
funds for the following single-family activity types: new housing
construction for resale; homebuyer assistance; acquisition with
rehabilitation for resale; and owner-occupied housing rehabilitation.
This limit is updated annually. Refer to Attachment 3 of this
Agreement.
14.2.4 To utilize and make available the HOME funds in conformity with
the non-discrimination and equal opportunity requirements set out
in the HUD regulations in the National Housing Affordability and
Stability Act (24 C.F.R. §§ 92.350-92.454), which include:
14.2.5 Implementation of the Fair Housing Act, (42 C.F.R. §§ 3601-3620),
and implementing regulations at 24 C.F.R. § 100 (discriminatory
conduct under the Fair Housing Act), Executive Order 11063 (Equal
Opportunity in Housing) as amended by Executive Order 12259
(leadership and coordination of fair housing in federal programs) (3
C.F.R. §§ 1958-1963 Comp., p. 652 and 3 C.F.R. § 1980, Comp. p.
307) and implementing regulations at 24 C.F.R. Part 107
(nondiscrimination and equal opportunity in housing under
Executive Order 11063), and Title VI of the Civil Rights Act of 1964
(42 U. S. C. §§ 2000d, et seq.), and implementing regulations at 24
C.F.R. Part 1 (Nondiscrimination in Federally Assisted Programs of
HUD);
14.2.6 Affirmatively further fair housing, which includes taking appropriate
actions to overcome the effects of any impediments identified in the
County’s “Analysis of Impediments to Fair Housing Choice” and
maintain records reflecting any actions taken in regard to fair
housing;
14.2.7 Adhere to Executive Order 13166 (Improving Access to Services
for Persons with Limited English Proficiency) in accordance with
Title VI of the Civil Rights Act of 1964;
Page 30 of 47
City of Avondale

Section 2 Special Provisions
14.2.8 Implementation of the prohibitions against discrimination on the
basis of age under the Age Discrimination Act of 1975 (42 U.S.C.
§§ 6101, et seq.) and the regulations at 24 C.F.R. § 146
(nondiscrimination on the basis of age in HUD programs or activities
receiving federal financial assistance);
14.2.9 Implementation of the prohibitions against discrimination on the
basis of handicap under Section 504 of the Rehabilitation Act of
1973 (29 U.S.C. §§ 794, et seq.) and implementing regulations at
24 C.F.R. § 8 (nondiscrimination based on handicap in federally
assisted programs and activities of HUD) and the Americans with
Disabilities Act 1990 (42 U.S.C. §§ 12101, et seq.);
14.2.10 Adhere to the requirements of the Executive Order 11246 (Equal
Employment Opportunity) and the regulations issued under the
Order at 41 C.F.R. Chapter 60 (3 C.F.R. §§ 1964-65, Comp, p.
339);
14.2.11 Implementation of the requirements of Section 3 of the Housing and
Urban Development Act of 1968 (12 U.S.C. § 1702u) (Employment
Opportunities for Business and Lower Income Persons in
Connection with Assisted Activities);
14.2.12 Implementation of the requirements of Executive Orders 11625 and
12432 regarding MBE development and 12138 regarding WBE,
and Regulations S. 85.36 (e) and of Section 281 of the National
Housing Affordability and Stability Act; and
14.2.13 Implementation of the requirements of the HUD 246 Rule (24 C.F.R.
Part 5 Final Rule 5863) to ensure equal access to housing and
services regardless of gender identity.
14.3 The City agrees that it will prepare and adopt acceptable procedures and
requirements for affirmatively marketing units funded under the HOME Program,
when HOME Program-assisted housing contains five (5) or more rental units, by
providing information about the availability of HOME Program-assisted units that
are vacant at the time of completion or that later become vacant. The City shall
make good faith efforts to provide information and to otherwise attract eligible
persons from all racial, ethnic, and gender groups in the housing market to the
available housing during the Period of Affordability. These procedures and
requirements are not applicable when units are occupied by families referred from
a Public Housing Authority's (PHA) waiting list, or to families receiving tenant-
based rental assistance provided from HOME funds.
14.4 HOME funds may not be used for operations or modernization of public housing
projects financed under the Housing Act of 1937.
14.5 The County, as the participating jurisdiction, assumes all the responsibilities for
environmental review, decision making, and action under the National
Environmental Policy Act of 1969 (42 U.S.C. § 4321) and the other provisions of
the law that would apply to HUD were HUD to undertake such Activities as Federal
Activities in accordance with 24 C.F.R. § 58 (environmental review procedures for
entities assuming HUD environmental responsibilities). The County will assume
the responsibilities for the Request for Release of Funds. The City shall not commit
or incur expenditures for HOME activities until the environmental review process
has been completed. Should it be determined that the City incurred expenses in
violation of the NEPA requirements, the City will be responsible for the full costs
for such expenditures and repayment of any related reimbursements. The City
Page 31 of 47
City of Avondale

Section 2 Special Provisions
shall provide all necessary assistance to the County in completing this
environmental review process.
14.6 The City agrees to comply with the acquisition and relocation requirements of the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970
(URA) (42 U.S.C. §§ 4291-4655) and the governmental implementing regulations
at 49 C.F.R. Part 24; and follow a residential anti-displacement and relocation
assistance plan required under §104(d) of the Housing and Community
Development Act of 1974, as amended, in connection with any activity assisted
with funding as they apply to the HOME Program.
14.7 The City shall comply with the Davis-Bacon Act (40 U.S.C. §§ 276a, et seq.),
Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327, et seq.) related
acts, and the provisions of 24 C.F.R. § 24 regarding Government Debarment and
Suspension as they apply to this HOME Program.
14.8 The City shall comply with the Flood Disaster Protection Act of 1973 (42 U.S.C. §§
4001, et seq.) as it applies to this HOME Program.
14.9 The City shall comply with the Drug-Free Workplace Act of 1988 as it applies to
the HOME Program.
14.10 Housing assisted with HOME Program funds constitutes HUD-assisted housing for
the purposes of the Lead-Based Paint Poisoning Prevention Act (42. U.S.C. §§
4801, et seq.) and is therefore subject to 24 C.F.R. § 35.
14.11 No person who is an employee, agent, consultant, officer or elected official, or
appointed official who exercises or has exercised any functions or responsibilities
with respect to activities assisted with HOME funds or who is in a position in a
decision making process or gains inside information with regard to these activities,
may obtain a financial interest or benefit from a HOME-assisted activity, either for
himself/herself or those whom the person has family or business ties, during
his/her tenure or for one year thereafter.
15.0 SUBCONTRACTS AND VENDORS
15.1 Approvals – Unless expressly authorized in this Agreement, exempt activities such
as architectural, engineering, and administration may not be undertaken and
reimbursed by the County prior to receipt of HUD Request Release of Funds
(RROF). Exempt activities described in 24 C.F.R. § 58.34(1)(1)-(11) are activities
that generally have no physical impact on the environment. Otherwise, the City
shall not expend or commit federal or non-federal funds by contract (conditional or
not) for property acquisition, rehabilitation, conversion, lease, repair, or
construction activities, until HUD has provided written authorization based on
approved ERR. Any pre-Agreement costs entered into by Subcontract with any
agency or individual in the performance of this Program that are not exempt
activities without Release of Funds (ROF) from the County prior to the execution
of such Agreement.
15.2 DUNS Number – All Subcontractors shall have a valid DUNS number and an active
profile in the federal System for Award Management, or SAM.
15.3 Fees – The City and all Subcontractors under this Agreement shall not charge
servicing, origination, or other fees for the costs of administering the HOME
Program, except as permitted by 24 C.F.R. § 92.214(b)(1).
15.4 Selection Process – The City shall ensure that all Subcontracts 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.
Page 32 of 47
City of Avondale

Section 2 Special Provisions
15.5 Section 3 of the Housing and Urban Development Act of 1968 – The City shall
include the Section 3 clause in every Subcontract and shall take appropriate action
pursuant to the Subcontract upon a finding that a Subcontractor is in violation of
regulations issued by HUD. The City shall not subcontract with any entity where
the City has notice or knowledge that the entity has been found in violation of the
regulations under 24 C.F.R. § 135. The City has the responsibility of determining
Section 3 eligibility.
15.6 Monitoring – The City shall monitor/review all subcontracted services to assure
contract compliance. Results of monitoring efforts shall be summarized in
Quarterly Performance Reports and supported with documented evidence, if
requested, of follow-up actions taken to correct areas of noncompliance.
16.0 THE COUNTY CERTIFIES
16.1 That a public purpose is served by the County contracting for activities identified
in Section 3 (Work Statement).
16.2 That the HOME Program funds designated for the Work Statement activities
constitute reasonable and prudent assistance.
17.0 THE CITY AGREES TO
17.1 Complete and submit to the County all Environmental Reviews (ERs) in a timely
manner.
17.2 Submit all Requests for Reimbursements and Amendments to the County in a
timely manner.
17.3 Keep the Maricopa HOME Consortium informed of progress toward goals.
17.4 Serve as the lien holder for all real estate developed, if applicable.
17.5 Provide, at the completion of the Project, a close out memo detailing the on-going
HOME requirements and responsibilities for the affordability period.
18.0 PROGRAM COMPLETION
18.1 Upon completion of the Agreement activities, any Agreement funds not expended
shall be retained by the County for reallocation as defined by the Maricopa HOME
Consortium Policies and Procedures.
18.2 The disposition of any property purchased during the term of this Agreement shall
follow Section 1 (General Provisions), Paragraph 47.0 (Property).
18.3 The City shall continue to be responsible for compliance activities until all HOME
Program requirements and contractual obligations are met, including affordability
restrictions. The City’s obligations shall not end until all close-out requirements are
completed. The County will notify the City in writing that a Completion Report is
due to the County within sixty (60) days after one of the following occurrences:
18.3.1 Funds have been expended for the activity;
18.3.2 The Work Statement has been completed;
18.3.3 This Agreement has expired; or
18.3.4 The Agreement has otherwise been terminated.
18.4 Following the receipt and approval of the Completion Report for each activity, the
County will notify the City in writing that each activity is closed. In compliance with
24 C.F.R. § 92.502(d), all Project completion data shall be entered into IDIS by the
County within 120 days after the final drawdown. Project completion means
Projects have all necessary title transfer and construction work completed,
Projects comply with HOME requirements including property standards set forth at
24 C.F.R. § 92.251, the final draw has been disbursed, and the projection
completion data has been entered into IDIS.
Page 33 of 47
City of Avondale

Section 2 Special Provisions
18.5 For the purposes of a rental Project, the following shall apply:
18.5.1 The Project shall be completed when the site receives a Certificate of
Occupancy;
18.5.2 It is not required for a beneficiary to be identified for the Project to be
considered complete. Vacant rental units may be marked as vacant when
completion data is entered into IDIS.
18.5.3 If any rental unit remains unoccupied six (6) months after the date of Project
completion, the City must provide the County information about marketing
efforts to place occupants in the unit and, if appropriate, an enhanced plan
for marketing the unit so that it is leased as quickly as possible.
18.5.4 Within eighteen (18) months after the date of Project completion, if efforts
to market the unit are unsuccessful and the unit is not occupied by an
eligible beneficiary (or beneficiaries), the City shall be required to repay all
HOME funds invested in the unit.
19.0 FAILURE TO MAKE PROGRESS
19.1 The failure of the City to make progress according to the Work Statement may
result in the termination of this Agreement, or de-obligation of funds. The City
agrees to meet with the County at the site at which the funded activity is to take
place to discuss progress and allow the County to provide technical assistance if:
19.1.1 The City fails to complete an Environmental Review pursuant to Section 2
(Special Provision) Paragraph 13.0 (Environmental Review Conditions)
within one hundred and eighty (180) calendar days after the date this
Agreement is executed.
19.1.2 The City fails to commit funds to a specific local Project in accordance with
the terms of this Agreement within eighteen (18) months after the date of
full execution of this Agreement. Commit for the purposes of this Paragraph
shall have the same meaning as in 24 C.F.R. § 92.2(2)(i)-(iii).
19.1.3 The City fails to expend HOME funds in performance of Project activities in
accordance with the terms of this Agreement within twenty-four (24)
months after the date of full execution of this Agreement.
19.1.4 Within six (6) months after the date of Project completion, if a unit remains
unoccupied, then the City must provide the County information about
current marketing efforts and, if appropriate, an enhanced plan for
marketing the unit so that it is leased as quickly as possible. Within 18
months from the date of Project completion, if efforts to market the unit are
unsuccessful and the unit is not occupied by an eligible tenant, then HUD
will require repayment of all HOME funds invested in the unit. A unit that
has not served a low-, or very low-income household has not met the
purpose of the HOME program. Therefore, the costs associated with the
unit are ineligible. This tracking provides the County with early notice of any
units at risk of going unoccupied as described in 24 C.F.R. § 92.252.
19.2 The County will terminate this Agreement and de-obligate funds, if the City does
not perform the activities described in the Work Statement of this Agreement. The
County, in its sole discretion, may forgo providing technical assistance and require
repayment of funds as outlined in this Agreement under Section 1 (General
Provisions), Paragraph 5.0 (Termination), or terminate the Agreement for cause
under Section 1 (General Provisions), Paragraph 5.0 (Termination).
Page 34 of 47
City of Avondale

Section 2 Special Provisions
20.0 GENERAL CONDITIONS
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 authorized
representative for the City.
20.1 Administrative Change Orders may address any of the following areas:
20.1.1 Modifications to the Project timeline if the last day of the Project timeline is
within the Agreement term;
20.1.2 Modifications to Budget line items if the Agreement Amount remains
unchanged;
20.1.3 Modifications required by federal, state, or County regulations, ordinances,
or policies;
20.1.4 Modifications to administrative requirements such as changes in reporting
periods, frequency of reports, or report formats required by HUD or local
regulations, policies, or requirements; and
20.1.5 Modifications to Administrative requirements such as changes in reporting
periods, frequency of reports, or report formats required by HUD or by local
regulations, policies, or requirements.
20.2 It is the responsibility of the City to ensure the latest documents are consulted and
followed.
21.0 REVERSION OF ASSETS
Unexpended funds must be de-obligated and returned to the County for reallocation. At
the expiration of this Agreement, the County, upon recommendation of the Maricopa
HOME Consortium staff, may reallocate any unencumbered funds per the Consortium
reallocation policy, as stated in the Maricopa HOME Consortium Intergovernmental Three-
year Cooperative Agreement. A written letter to de-obligate funds will be sent to the City
from the County a minimum of ninety (90) calendar days prior to termination of this
Agreement.
22.0 VIOLENCE AGAINST WOMEN REAUTHORIZATION ACT of 2013
The City must comply with VAWA 2013, which applies to all victims of domestic violence,
dating violence, sexual assault, and stalking, regardless of sex, gender identity, or sexual
orientation, and which must be applied consistent with all nondiscrimination and fair
housing requirements. The City must meet the requirements as specified in 24 C.F.R. §
92.359. The City must give a Notice of Occupancy Rights to tenants and applicants to
ensure they are aware of their rights under VAWA, maintain an emergency transfer plan,
and document incidents of domestic violence, dating violence, sexual assault, and
stalking.
Page 35 of 47
City of Avondale

SECTION 3
WORK STATEMENT
MARICOPA COUNTY
HUMAN SERVICES DEPARTMENT
Page 36 of 47
City of Avondale

Section 3 Work Statement
MARICOPA COUNTY
Work Statement-Homebuyer Assistance
HOME Investment Partnerships Program
Program Year 2020
Consortium Member: City of Avondale, Arizona
Project: Homebuyer Assistance
FY 2020-2021 HOME Funds: $206,370
Type of Property: Single-Family
1. DETAILED SCOPE OF WORK:
1.1. This activity supports the Consolidated Plan goal to expand affordable housing by
providing direct financial assistance to income-qualified homebuyers. Down
payment assistance is the number one goal under the Consolidated Plan.
1.2. Type of assistance/activity to be provided with HOME funds: The City will provide
down payment, closing costs, principal reduction, and other appropriate assistance
to eligible first-time homebuyers who wish to purchase a single-family property in
the City.
1.3. Methods and instruments used for ensuring affordability: The City will secure
HOME funds with a Deed of Trust and Promissory Note, or other appropriate lien
document(s) approved by the City. These documents will include a Recapture
provision per the HOME regulations. The amount of Recaptured Proceeds will be
prorated over the term of the loan, and as such, be payable in full to the City should
the borrower sell, refinance with cash out, or no longer occupy the property as
his/her/their primary residence within the Period of Affordability.
1.4. Anticipated use of Recaptured Proceeds: Recaptured Proceeds will be used for
administration and additional HOME-eligible projects per the HOME regulations.
2. OBJECTIVES AND OUTCOMES:
OUTCOMES
AVAILABILITY/
AFFORDABILITY SUSTAINABILITY
ACCESSIBILITY
Homebuyer Activities,
Single-Family
Acquisition/Rehab of rental housing,
DECENT Housing Rehab Acquisition/New Construction of Housing Activities in
HOUSING and Emergency rental housing, Preservation of a targeted
Rehab,
existing public housing units and revitalization area
Homebuyer
TBRA, Expansion of assisted rental
Assistance
units in the private marketplace
Page 37 of 47
City of Avondale

Section 3 Work Statement
3. LOGIC MODEL: PERFORMANCE INDICATORS:
INPUTS/ ACTIVITIES OUTPUTS OUTCOMES IMPACT
RESOURCES In order to address the issue, the Once When Long term
In order to Subrecipient will conduct the completed, completed, changes:
accomplish following activities: these these
proposed activities will activities will
activities, the produce the lead to the
subrecipient following: following
will need the changes:
following:
HOME A non-profit Subrecipient will Expand Low-income Stable
funding provide eligibility qualification affordable families neighborhoods.
(including income), housing housing become first
counseling/homebuyer education, opportunities. time
property inspections, purchase homebuyers.
contract review, lien
documentation and preparation,
and coordination with lenders,
title companies, buyers, and
Realtors. The City will complete
the environmental reviews.
4. PROPOSED BENEFICIARIES:
Targeted Population by Number of Total Number Number of
Income Level Households of Units HOME Assisted
Units in
program (if
rental)
Households at or below
50%
Households at or below
60%
Households at or below 6 6
80%
TOTAL 6 6
5. PRIORITY POPULATIONS:
Complete the table below only if the Activity will specifically set-aside units for a priority
population. Set-asides will be enforced through contract provisions.
Priority Populations No. of
Units
Elderly
Physically Disabled
Other Priority Populations:
Veterans
Page 38 of 47
City of Avondale

Section 3 Work Statement
6. PERFORMANCE REPORTING GOALS-TIMELINE OF ACTIVITIES:
START COMPLETION
MILESTONES
DATE DATE
Applicant eligibility (units 1-3) 2/15/2021 9/30/2021
Environmental Reviews 6/30/2021 9/30/2021
Units passes HQS inspection 7/15/2021 10/30/2021
Underwriting & private financing secured 7/30/2021 10/30/2021
Close of escrow & occupancy by LMI households 10/15/2021 12/31/2021
Project funding drawdown and Completion
1/31/2022 3/31/2022
Reports submitted to County
Applicant eligibility (units 4-6) 2/15/2021 9/30/2022
Environmental Reviews 6/30/2022 9/30/2022
Units pass HQS inspection 7/15/2022 10/30/2022
Underwriting & private financing secured 7/30/2022 10/30/2022
Close of escrow & occupancy by LMI households 10/15/2022 12/31/2022
Project funding drawdown and Completion
1/31/2023 3/31/2023
Reports submitted to County
Any changes to the Timeline will need to be submitted to and approved by the County.
7. ACTIVITY BUDGET SUMMARY:
Additional
RENTAL COSTS PY 2020 Sources* (defined TOTAL
HOME FUNDS in Table 8) COST
Down payment assistance $193,472 $193,472
Private Loans $1,366,200 $1,366,200
Buyers Contributions $13,800 $13,800
Administration $12,898 $12,898
TOTAL $206,370 1,380,000 $1,586,370
8. SOURCE AND AMOUNT OF OTHER RESOURCES:
VOLUNTEER/
FUNDING AGENCY CASH AMOUNT
IN-KIND AMOUNT
Local lenders $1,366,200
Buyer Contributions $13,800
TOTALS $1,380,000
Page 39 of 47
City of Avondale

Section 3 Work Statement
9. MATCH*:
Match commitment must equal 25% of the HOME funds requested. Documentation is due
at the time of request for payment(s). Match Logs must be submitted annually by June
30th of each year.
SOURCE/FUNDING
TYPE TOTAL
AGENCY
City of Avondale
Cash or cash equivalents from a non-federal source $48,368
General funds
Value of waived taxes, fees or charges associated with
HOME projects
Value of waived taxes, fees or charges associated with
Affordable Housing Development projects
Value of donated land or real property
Cost of infrastructure improvements associated with
HOME projects
Percentage of proceeds from single- or multi-family
state housing bonds
Value of donated materials, equipment, labor, and
professional services
Sweat equity
TOTAL $48,368
* Per CARES Act waiver the City will not be obligated to, nor will it provide, match for HOME
funds expended between October 1, 2019, and September 30, 2021.
Page 40 of 47
City of Avondale

SECTION 4
COMPENSATION
MARICOPA COUNTY
HUMAN SERVICES DEPARTMENT
Page 41 of 47
City of Avondale

Section 4 Compensation
1.0 COMPENSATION
1.1 The City will only utilize HOME funds to pay for eligible activities and costs of those
activities permitted in 24 C.F.R. § 92.300 and not specifically prohibited under 24
C.F.R. § 92.214 (Prohibited Activities and Fees).
1.2 The City shall be reimbursed utilizing the Catalog of Federal Domestic Assistance
(CFDA): 14.239, HOME Investment Partnerships Program provided to the County
through the U.S. Department of Housing and Urban Development (HUD).
1.3 Subject to the availability and authorization of funds for the explicit purposes set
forth below, the County will compensate for services rendered as indicated in the
following Subparagraphs.
1.4 The City shall not retain any funds drawn down in excess of immediate cash needs
(to be used within 15 days after drawing down) to cover subsequent requests for
reimbursement. Any excess funds must be returned to the County within 30
calendar days after receipt. The City also must return to the County any interest
that is earned on these funds that are drawn down and not expended for eligible
costs within 15 calendar days after the funds have been draw down.
2.0 METHOD OF PAYMENT
2.1 The City agrees to submit reimbursement requests utilizing the approved
Reimbursement Request Form to the County, along with the Match Log
Certification Form. The City may request funds only after it has satisfied the
funding contingencies and federal Environmental Review conditions and has a
written agreement in place for Project activities. Requests for reimbursement must
be made using the County approved format.
2.2 The City may not request disbursement of funds under this Agreement until the
funds are needed for payment of eligible costs. The amount of each request must
be limited to the amount needed.
2.3 All Program Income funds reported in the Annual Action Plan to be expended on
activities outlined in this Agreement must be disbursed before the City requests
HOME Entitlement funds from the County.
2.4 The County agrees to reimburse the City for actual allowable costs incurred, upon
certification of HUD Environmental Release of Funds and submittal by the City of
an itemized statement of actual expenditures incurred, supported by appropriate
documentation. Reimbursement by the County is not to be construed as final if
HUD disallows reimbursement for the Program or activity or any portion thereof.
The County shall reimburse the City on a Net 0 payment standard.
3.0 TIMELINESS
3.1 The City shall submit monthly request for reimbursement by the 10th day of the
month following the month close out.
3.2 The City 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 reimbursements shall be submitted to:
HSDFINANCE@MARICOPA.GOV
Page 42 of 47
City of Avondale

Section 4 Compensation
4.0 FINAL REIMBURSEMENT UPON AGREEMENT TERMINATION
4.1 Prior to termination of this Agreement at the date identified on page 1 of this
Agreement, or as may be amended, the City shall submit the final Request for
Reimbursement to the County.
4.1.1 This request shall be submitted to the County no later than 30 calendar
days after the termination date except as noted immediately below.
4.1.1.1 If the termination date is between June 10th and June 30th, then
the final reimbursement request shall be submitted by July 10th.
4.1.1.2 The final progress report, and any other required reports that
may be applicable shall be submitted with the final
reimbursement request.
Page 43 of 47
City of Avondale

SECTION 5
ATTACHMENTS
MARICOPA COUNTY
HUMAN SERVICES DEPARTMENT
Page 44 of 47
City of Avondale

Section 5 Attachments
Attachment 1
Page 45 of 47
City of Avondale

Section 5 Attachments
Attachment 2
Page 46 of 47
City of Avondale

Section 5 Attachments
Attachment 3
HOME Maximum Per-Unit Subsidy Limits
This limit determines the maximum amount of HOME funds that may be invested on a per-unit
basis in HOME-assisted housing projects as of June 4, 2020.
Bedroom Maximum HOME per unit subsidy limit
Size
0 Bedroom $ 153,314
1 Bedroom $ 175,752
2 Bedrooms $ 213,718
3 Bedrooms $ 276,482
4 Bedrooms $ 303,490
5 Bedrooms $ 303,490
Please request updated HOME maximum per unit investment limits from the Maricopa County
Housing and Community Development Division on an annual basis, as these limits are adjusted
annually by the U.S. Department of Housing & Urban Development (HUD). For current Maricopa
HOME Consortium limits, refer to additional Maricopa County Information Bulletins here:
https://www.maricopa.gov/3893/Funding-Notices-Bulletins More information can be found here:
https://www.hudexchange.info/resource/2315/home-per-unit-subsidy/
HOME Homeownership Value Limits (95% Limits)
Community Housing Development Organizations using HOME funds for homeownership
assistance for new housing construction for resale must have an initial purchase price that does
not exceed 95% of the median purchase price for Maricopa County, which is $313,000 as of July
1, 2020.
Please request updated HOME Homeownership Value Limits from the Maricopa County Housing
and Community Development Division on an annual basis, as these limits are adjusted annually
by the U.S. Department of Housing & Urban Development (HUD), or go to either
www.maricopa.gov/3893 or HUD’s website for the updated versions each year.
Page 47 of 47
City of Avondale