CHDO AGREEMENT WITH NEWTOWN AND CITY OF TEMPE.PDF

AGREEMENT
FOR SERVICES BETWEEN
MARICOPA COUNTY
ADMINISTERED BY ITS
HUMAN SERVICES DEPARTMENT
AND
NEWTOWN COMMUNITY DEVELOPMENT CORPORATION
A COMMUNITY HOUSING DEVELOPMENT ORGANIZATION
AND
THE CITY OF TEMPE
Agreement Amount: $354,896.75
Agreement Start Date: December 1, 2019
Agreement Termination Date: September 30, 2023
Agreement Number:
CFDA Number: 14.239, HOME Investment Partnerships Program
Newtown DUNS No.: 022225143
City of Tempe DUNS No.: 074466814
This Agreement “Agreement” is entered into by and between Newtown Community Development
Corporation (Newtown CDC), a Community Housing Development Organization (hereinafter referred to as
the “CHDO”), the City of Tempe (hereinafter referred to as the “Administrator”) and Maricopa County
administered by its Human Services Department, (hereinafter referred to as the “County”). The CHDO, the
Administrator, and the County are collectively referred to herein as the “Parties” and individually as a “Party.”
The County shall provide financial reimbursement in an amount not to exceed Three hundred fifty-four
thousand eight hundred ninety-six dollars and seventy-five cents ($354,896.75) subject to the terms of this
Agreement and availability of funds. This Agreement amount constitutes the County’s entire participation and
obligation in the performance and completion of all work to be performed under this Agreement.
The CHDO and the Administrator for and in consideration of the covenants and conditions set forth in this
Agreement shall provide and perform the services set forth herein. All rights and obligations of the Parties shall
be governed by the terms of this Agreement, its exhibits, attachments, and appendices, including any
Subcontracts, Amendments, or Change Orders as set forth herein and in:
Section I – General Provisions – Contain uniform administrative requirements applicable to the Parties
participating in the HOME Investment Partnerships (HOME) Program, which include, but are not
limited to, definitions; non-discrimination and equal opportunity requirements; disclosure and
retention requirements; and debarment, suspension, or ineligibility exclusions.
Section II – Special Provisions – Provides specific programmatic requirements upon the CHDO and
the Administrator that are established by the HOME Program and applicable HUD regulations. This
includes, but is not limited to, disposition of project proceeds; financial record management; reporting
requirements; and CHDO and the Administrator certifications.
Section III – Work Statement – The section contains, but is not limited to, a narrative of the project;
a list of the tasks to be performed; established goals; performance measures; scheduling; budget;
planned expenditures of income.
Section IV – Compensation – Contains provisions relating to compensation, method of payment,
terms of reimbursement, conditions-prior to the release of funds.
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CHDO Agreement with Newtown CDC and the City of Tempe

Section V – Attachments & Forms-- Contains the Certifications and Request For Reimbursement
Form; Maximum Subsidy Limits and Homeownership Value Limit; HOME Funds and Match
Certification Form.
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 N. Central Avenue, Third Floor, Phoenix, AZ 85004
Administrator:
City of Tempe
Representative: LeVon Lamy, Housing Manager
Phone: 480-858-2264
E-mail: LeVon_Lamy@tempe.gov
Address: 3500 S. Rural Rd., 2nd Floor, Tempe, AZ 85282
CHDO:
Newtown Community Development Corporation
Representative: Allen L Carlson , Executive Director
Phone: 480-517-1589
E-mail: allen@newtowncdc.org
Address: 511 W University Drive #4, Tempe, AZ 85281
Notice under this Agreement shall be given by personal delivery or by registered or certified mail, postage
prepaid and returned receipt requested, to the persons at the addresses set forth above and shall be effective
on Agreement Start Date.
This Agreement contains all the terms and conditions agreed to by the Parties. No other understanding, oral or
otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any Party hereto.
Nothing in this Agreement shall be construed as consent to any lawsuit or waiver of any defense in a lawsuit
brought against the State of Arizona, Maricopa County, the CHDO or the Administrator in any State or federal
court.
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CHDO Agreement with Newtown CDC and the City of Tempe

IN WITNESS THEREOF, the Parties have signed this Agreement:
APPROVED BY: APPROVED BY:
MARICOPA COUNTY NEWTOWN CDC COMMUNITY
DEVELOPMENT CORPORATION
Chairman, Board of Supervisors Date Allen Carlson Date
Attested to:
Clerk, Board of Supervisors Date
APPROVED BY:
CITY OF TEMPE
City Manager Date
Attested to:
City Clerk Date
In accordance with A.R.S. §§ 11-952, 11-201, and 11- In accordance with A.R.S. §§ 11-952, 11-201, and 11-
251, this Agreement has been reviewed by the 251, this Agreement has been reviewed by the
undersigned Deputy County Attorney and has undersigned City Attorney and has determined that
determined that this Agreement is proper in form this Agreement is proper in form and within the
and within the power and authority granted under the power and authority granted under the laws of the
laws of the State of Arizona. State of Arizona.
Approved as to form: Approved as to form:
Deputy County Attorney Date Attorney for the City of Tempe Date
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SECTION I
GENERAL PROVISIONS
MARICOPA COUNTY HUMAN SERVICES DEPARTMENT
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Section I General Provisions
1.0 PURPOSE
The County shall provide the CHDO and the Administrator 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 III Work Statement.
2.0 TERM
The Agreement shall commence on the date listed on page 1 of the Agreement and shall become effective
on the date of last signature unless otherwise specified herein.
3.0 RENEWAL
The Agreement may be renewed by a written amendment, provided however, that the CHDO and
Administrator are in full compliance with all terms and conditions of this Agreement. The County shall
notify the CHDO and Administrator in writing of its intent to extend the Agreement term at least thirty
(30) calendar days prior to the expiration of the original Agreement term, or any additional terms
thereafter.
4.0 AMENDMENTS
All Amendments to this Agreement shall be in writing and signed by the Parties and be requested to the
County no later than ninety (90) days prior to contract expiration.
5.0 TERMINATION
5.1 Pursuant to A.R.S. §38-511, the Parties may cancel this Agreement without penalty or further
obligation within three years after execution of the contract, if any person significantly involved
in initiating, negotiating, securing, drafting or creating the Agreement on behalf of the County is
at any time while the Agreement or any extension of the Agreement is in effect, an employee or
agent of any other Parties to the Agreement in any capacity or consultant to any other party of
the Agreement with respect to the subject matter of the Agreement. Additionally, 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 the contract on
behalf of the County from any other Party to the Agreement arising as the result of the
Agreement.
5.2 Either Party may terminate this Agreement at any time by giving the other Parties 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 personal delivery or by registered or certified
mail, postage prepaid and returned receipt requested to the persons at the addresses set forth on
Page Two (2) of this Agreement.
5.3 The County has the right to terminate this Agreement upon twenty-four (24) hour notice when
the County deems the health or welfare of the service recipients are endangered or CHDO’s and
the Administrator’s non-compliance jeopardizes funding source financial participation. If not
terminated by one of the above methods, this Agreement will terminate upon the expiration of
the Term of this Agreement stated on the page One (1) of this Agreement.
5.4 In accordance with 2 CFR § 200, the County may suspend or terminate this Agreement if the
CHDO and/or the Administrator violates any term or condition of this Agreement or if CHDO
and/or the Administrator fails to maintain a good faith effort to carry out the purpose of this
Agreement.
5.5 The Parties may terminate this Agreement for convenience in accordance with 2 CFR § 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.
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Section I General Provisions
6.0 EFFECT
To the extent that the Special Provisions are in conflict with the General Provisions, the Special
Provisions shall control. To the extent that the Work Statement and the Special or General Provisions
are in conflict, the Work Statement shall control. To the extent that the Compensation Provisions are in
conflict with the General Provisions, Special Provisions or Work Statement, the Compensation
Provisions shall control. Nothing herein shall operate to increase the Operating Budget without a written
amendment thereto.
7.0 DEFINITIONS
As used throughout this Agreement, the following terms shall have the following meanings:
7.1 Administrator means the Party responsible for administering the Agreement. The City is
responsible for administering the Agreement.
7.2 Annual Action Plan means the annual plan submitted by the County as the lead agency of the
Maricopa HOME Consortium that describes the Consortium’s annual program goals.
7.3 Assistant Director means the Director of the Housing and Community Development Division
within the Human Services Department.
7.4 Beneficiary means a person or household that meets the income requirements of 24 CFR
92.203 subject to the restriction on assistance to students enrolled in an institution of higher
education, as described in 24 CFR 5.612.
7.5 Board of Supervisors (BOS) means the Maricopa County Board of Supervisors.
7.6 CHDO is a community housing development organization, a private non-profit organization
that meets organization that meets the requirements under 24 CFR part 92.300 listed on the
Cover Page of this Agreement.
7.7 CHDO Project Proceeds means funds resulting from the sale of CHDO developed
homeownership housing; permanent financing of a CHDO project that is used to pay off a
CHDO-financed construction loan; the principal and interest payments from a loan to a buyer
of CHDO-developed homeownership housing; or sale of CHDO-sponsored rental housing to
a second non-profit. For purposes of this Agreement, CHDO may retain project proceeds for
use in HOME eligible or other housing activities which benefit low-income families, as required
by 24 CFR 92.300. CHDO proceeds which are retained by the CHDO are not subject to the
requirements of the HOME regulations, unless the funds are recaptured because the housing no
longer meets the affordability requirements. Once CHDO proceeds are used, there are no
further HOME requirements.
7.8 Commitment or Commit to a Specific Local Project shall have the same meaning as set
forth in 24 CFR 92.2 (1) and (2), respectively.
7.9 County means Maricopa County by and through its Human Services Department.
7.10 Department means Lead Agency or Maricopa County Human Services Department, Housing
& Community Development Division as Lead Agency.
7.11 Developer/Subcontractor means a non-profit or for-profit organization carrying out HOME
related project activities as described in the written agreement between the County and the
Developer.
7.12 Director means the Director of the Maricopa County Human Services Department.
7.13 Division means the Housing & Community Development Division of the Human Services
Department.
7.14 Fidelity Bond means a bond to indemnify the CHDO against losses resulting from fraud or
lack of integrity, honesty or fidelity of one or more employees, officers or other persons holding
a position of trust.
7.15 Five Year Consolidated Plan means the HUD required Consolidated Plan submitted by the
County as the Lead Agency for the Maricopa HOME Consortium.
7.16 HOME means HOME Investment Partnerships Program.
7.17 HUD means U.S. Department of Housing and Urban Development.
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7.18 Lead Agency or Department means Maricopa County Human Services Department, Housing
and Community Development Division.
7.19 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 CFR 5.612.
7.20 Minority Business Enterprise (MBE) means an entity which is majority owned or controlled
by a socially and economically disadvantaged individual as described by Public Law 95-507.
7.21 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.
7.22 Payment Bond means a bond executed to assure payment as required by law of all persons
performing work or providing materials in the execution of work provided in this Agreement.
7.23 Performance Bond means a bond executed to secure fulfillment of all of the CHDO's
obligations under this Agreement.
7.24 Projects means rehabilitation or new construction as described in a legally binding agreement
between the CHDO and the prospective owners or beneficiaries of the HOME funds for which
all necessary financing has been secured and budgeted and for which an acquisition, construction
and/or rehabilitation schedule has been established, and underwriting has been completed and
otherwise complies with CFR Part 92.2(2) and 92.2 (A) and (B).
7.25 Public Agency has the meaning prescribed by A.R.S. § 11-951.
7.26 Subcontract means any agreement entered into by the CHDO with a third party for
professional services performance of any of the work or provision of any of the services covered
by this Agreement.
7.27 Subcontractor means an entity funded through the CHDO to provide any work or services
required by the Work Statement.
7.28 Vendor means an entity funded through the CHDO to provide services required by the Work
Statement.
7.29 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 CFR 5.612.
7.30 Work Statement means the section of this Agreement that contains a description of services to
be delivered pursuant to this Agreement.
7.31 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 CHDO and the Administrator shall, without limitation, obtain and maintain all licenses,
permits, and authority necessary to do business, render services, and perform work under this
Agreement, and shall comply with all laws regarding unemployment insurance, disability
insurance, and workers’ compensation.
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8.3 The CHDO and the Administrator are independent contractors in the performance of work and
the provision of services under this Agreement and shall comply with all laws regarding
unemployment insurance, disability insurance and worker's compensation.
8.4 The Parties 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 Parties (or
one of its directors, officers, owners, trust certificate holders or a relative thereof) have a
substantial interest, unless Parties make full written disclosure of the proposed payments to the
County and has received written approval therefore. 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 CHDO and the Administrator hereby accept the award of funds under the terms of this Agreement
and agree to execute and return this Agreement to the County within 30 days of receipt unless CHDO
and the Administrator received a written waiver of this requirement by 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 CHDO and the Administrator
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.
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 CHDO and the Administrator, as
provided herein, are actually 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 CHDO and the Administrator 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, the County may amend, suspend, decrease, or terminate its 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 section at least ten (10) calendar days in advance.
12.0 BUDGET ADJUSTMENTS
12.1 CHDO and the Administrator must receive prior written approval from the County to move
funds from one Budget Activity Line Item to another. Budget adjustments that do not change
the Agreement Amount may be documented by a Budget Adjustment signed by the Human
Services Department Director and the CHDO’s Representative and the Administrator’s
Representative.
12.2 If a budget adjustments is required that increases or decreases the funding amount, the County
shall follow Section I paragraph 4.0 of this Agreement to amend this Agreement. Any requests
for reasonable budget adjustments must be submitted ninety (90) days prior to the expiration of
this Agreement. Requests for adjustments to this Agreement must be supported by appropriate
documentation.
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
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Section I General Provisions
shall not exceed one hundred twenty (120) days, shall be submitted in accordance with the
following dispute resolution process.
13.2 Notice of the specific grounds of a dispute shall be in writing and filed with the Assistant
Director within ten (10) working days from the date the CHDO and the Administrator knew or
should have known of the basis of the dispute. The Assistant Director shall respond in writing
to the CHDO and the Administrator within fourteen (14) working days. The decision of the
Assistant Director shall be final and conclusive unless, within seven (7) working days from the
date CHDO and the Administrator are served with the decision, CHDO and the Administrator
files a written notice of appeal with the Human Services Department Director, who shall provide
CHDO and the Administrator with a written response within fourteen (14) working days
following receipt of CHDO and the Administrator notice of appeal. The decision of the Director
shall be final and not appealable.
13.3 Pending a final decision of the Director, the CHDO and the Administrator shall proceed
diligently with its performance of this Agreement in accordance with the Assistant Director’s
decision.
14.0 DEFAULT AND REMEDIES FOR NONCOMPLIANCE
14.1 Notwithstanding anything to contrary, this section 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 CHDO or the
Administrator defaults by failing to perform any objective or breaches any obligation under this
Agreement, or any event occurs that jeopardizes the CHDO’s or the Administrator’s ability to
perform any of its obligations under this Agreement. The County reserves the right to have
service provided by persons other than the CHDO or the Administrator if the CHDO or the
Administrator 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 the applicable federal, state,
or local laws, rules, and regulations may result in suspension or termination of this Agreement,
the return of unexpended funds (less just compensation for work satisfactorily completed that,
to date, has not been paid), the reimbursement of funds improperly expended, or the recovery
of funds improperly acquired. Noncompliance includes, but is not limited to:
14.3.1 Nonperformance of any obligations required by this Agreement.
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 project proceeds.
14.3.7 Noncompliance with applicable financial record requirements, accounting principles,
or standards established by 2 CFR 200 et seq.
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 CHDO and the Administrator shall, without intent to
limit or with restrictions, be subject to the following:
14.4.1 All awards of funding shall be immediately revoked, and any approvals related to the
project described in the Special Provision or Work Statement shall be deemed revoked
and canceled. Thereby, any entitlements to compensation after suspension or
termination of this Agreement are similarly revoked and unavailable.
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 CHDO and the Administrator at the time of
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suspension or termination, or that may accrue later. Nothing herein shall be construed
to limit or terminate any right or remedy available under contract or rule.
14.4.4 Wavier 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 CHDO and the Administrator shall, upon notice or with knowledge obtained by itself or
others, take any and all proactive actions necessary, and provide any and all applicable remedies
to address and correct any act by itself, 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 disposition of funds; any violation of any
federal, state, or local law, rule, or regulation; or the breach of any certification or warranty
provided in this Agreement.
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 hereof, and the remaining provisions shall remain in
full force and effect.
16.0 STRICT COMPLIANCE
The County’s acceptance of the CHDO’s and the Administrator’s performance that is not in strict
compliance with the terms of this Agreement shall not be deemed to waive the requirements of strict
compliance for all future performance. All changes in performance obligations under this Agreement
shall be in writing and signed by the Parties.
17.0 NON-LIABILITY
The County, its officers, representatives, agents and employees shall not be liable for any act or omission
by the CHDO, the Administrator, or Vendor or any officer, representative, agent or employee of the
CHDO, the Administrator, or Vendor occurring in the performance of this Agreement, nor shall these
entities be liable for purchases or contracts made by the CHDO, the Administrator, Vendor or any
officer, representative, agent and employee of CHDO, the Administrator, or Vendor, in connection with
this Agreement.
18.0 INDEMNIFICATION
To the extent permitted by law, the CHDO and the Administrator 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 directors, officers,
officials, agents, and employees (hereinafter referred to as “Indemnitee”) from and against any and all
claims, actions, liabilities, damages, losses, or expenses (including court costs, attorneys’ fees, and costs
of claim processing, investigation and litigation) (hereinafter referred to as “Claims”) for bodily injury
or personal injury (including death), or loss or damage to tangible or intangible property caused, or
alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of CHDO, the
Administrator, and any of its Subcontractors, or any of the directors, officers, agents, or employees of
CHDO, the Administrator, and any of its Subcontractors. This indemnity includes any claim or amount
arising out of or recovered under the Workers’ Compensation Law or arising out of the failure of the
CHDO, the Administrator, or any of its Subcontractors to conform to any federal, state or local law,
statute, ordinance, rule, regulation or court decree. It is the specific intention of the Parties that the
Indemnitee shall, in all instances, except for Claims arising solely from the negligent or willful acts or
omissions of the Indemnitee, be indemnified by the CHDO, the Administrator, and any of its
Subcontractors from and against any and all claims. It is agreed that the CHDO, the Administrator and
any of its Subcontractors will be responsible for primary loss investigation, defense and judgment costs
where this indemnification is applicable.
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19.0 TECHNICAL ASSISTANCE
The County shall provide reasonable technical assistance to the CHDO and the Administrator to assist
in complying with state and federal laws, 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 CHDO and the Administrator 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 CHDO and the Administrator are 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 CHDO and the
Administrator shall comply with 2 CFR 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 CHDO and the Administrator shall take corrective actions within six (6) months of the
date of receipt of the reports. The County shall consider sanctions as described in 2 CFR 200.505 if it is
determined that the CHDO or the Administrator is not in compliance with the audit requirements.
21.0 AUDIT DISALLOWANCES
21.1 The CHDO and the Administrator shall, upon written notice thereof, 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’s fees the County spends
to pursue legal action relating to a disallowance. Court costs and attorney’s 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, the
County will notify the CHDO and the Administrator 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 CHDO and the Administrator by the amount of the disallowance or to
require immediate repayment of the disallowed amount by the CHDO and the Administrator
issuing a check payable to the County.
22.0 STAFF AND VOLUNTEER TRAINING
The County may make available to the CHDO and the Administrator 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, the CHDO and the Administrator agrees to
comply with all regulations, standards, and orders issued pursuant to the Clean Air Act of 1970, as
amended (42 U.S.C. §§ 7401, et seq.), to the extent any are applicable by reason of performance of this
Agreement.
24.0 LOBBYING
24.1 No federal appropriated funds have been paid or will be paid by or on behalf of the CHDO and
the Administrator to any person for influencing or attempting to influence an officer or
employee of any agency, a member of Congress, an officer or employee of Congress, or an
employee of a member of Congress in connection with the awarding of any federal contract, 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
contract, 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
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connection with any federal contract, grant, loan or cooperative agreement, the CHDO and the
Administrator 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 CHDO and the Administrator agree 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 CHDO and the
Administrator 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 CHDO and the Administrator warrant 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 CHDO and the
Administrator and their agents shall safeguard the confidentiality of this information, as required by
federal and state law. The CHDO and the Administrator 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. The Parties shall supply to the
other Parties, upon request, any available information that is relevant to this Agreement and to the
performance hereunder.
30.0 COPYRIGHTS
If this Agreement results in a book or other written material, the author is free to copyright the work, but
the County reserves a royalty-free, nonexclusive, perpetual and irrevocable license to reproduce, publish,
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 invention or discovery, including
rights under any patent issued thereon, shall be disposed of and administered, in order to protect the
public interest.
32.0 AGREEMENT COMPLIANCE MONITORING/AUDITING
32.1 The County will monitor the CHDO and/or Administrator for compliance for fiscal and
programmatic performance under the terms and conditions of this Agreement and applicable
federal regulations. On-site visits for compliance monitoring may be made by the County and/or
its grantor agencies at any time during the CHDO’s and/or Administrator’s normal business
hours. For auditing purposes, the County shall provide CHDO and/or Administrator with a 30-
day advance notice of proposed on-site visit. During an on-site visit(s), the CHDO and/or
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Administrator shall make all its records and accounts related to work performed or services
provided 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 CFR § 200, to include:
32.3 Financial Management 2 CFR § 200.302
32.4 Internal Controls 2 CFR § 200.303 32.6 Payment and Financial Reporting 2 CFR § 200.305
32.7 Cost Sharing or Matching 2 CFR § 200.306
32.9 Revision of Budget and Program Plans 2 CFR § 200.308
32.10 Period of Performance 2 CFR § 200.309
32.11 Insurance Coverage 2 CFR § 200.310
32.12 Record Retention and Access 2 CFR § 200.31
32.13 Procurement Standards 2 CFR § 200.318
32.16 Audit Requirements 2 CFR § 200.501-200.517
32.17 The Lead Agency shall monitor the CHDO’s and the Administrator’s compliance with, and
performance under, the terms and conditions of this Agreement, HOME Investment
Partnerships Program (HOME), and other applicable federal regulations promulgated by HUD.
On-site visits for compliance monitoring may be made by the County at any time during normal
business hours, announced or unannounced. During an on-site visit, the CHDO and the
Administrator shall make all of its records and accounts related to work performed and services
provided under this Agreement available to the County for inspection and copying.
33.0 CONTINGENCY RELATING TO OTHER CONTRACTS AND GRANTS
33.1 The CHDO and the Administrator shall, during the term of this Agreement, immediately inform
the Lead Agency in writing of the award of any other agreement or grant, including any other
agreement or grant awarded by the County, where the award may affect either the direct or
indirect costs being paid or reimbursed under this Agreement. Failure by the CHDO and/or the
Administrator 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 CHDO and/or the Administrator will provide within a
reasonable time, which shall not exceed ten (10) working days, a copy of such other agreement
or grant, when in the opinion of 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 the CHDO and/or the Administrator of such other
agreement or grant has affected the costs being paid or reimbursed under this Agreement, the
County will prepare an amendment to this Agreement effecting a cost adjustment. If the CHDO
and/or Administrator dispute the proposed cost adjustment, the dispute shall be resolved
pursuant to the "Disputes" section contained herein.
34.0 MINIMUM WAGE REQUIREMENTS
The CHDO and the Administrator warrant that they shall pay all its employees who are engaged in
performing work or providing services under the terms of this Agreement not less than the minimum
wage specified under Section 206(a)(1) of the Fair Labor Standards Act of 1938, as amended (29 U.S.C.
§§ 201, et seq.) by law and regulation and as applicable, Executive Order 13658, as amended and as
specified by Arizona law.
35.0 RECOGNITION OF DEPARTMENT SUPPORT
The CHDO and the Administrator will give recognition to the County and the funding source for its
support when the CHDO publishes materials or releases public information that is paid for in whole or
in part with funds received by the CHDO under this Agreement.
36.0 INSURANCE
36.1 The CHDO and the Administrator, shall purchase and maintain the herein stipulated
minimum insurance from a company or companies duly licensed by the State of Arizona and
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possessing a current A.M. Best, Inc. rating of B++6. In lieu of State of Arizona licensing, the
stipulated insurance may be purchased from a company or companies who are authorized to
do business in the State of Arizona, provided that said insurance companies meet the approval
of County. The form of any insurance policies and forms must be acceptable to County.
36.2 All insurance required herein shall be maintained in full force and effect until all work or
service required to be performed under the terms of the Agreement is satisfactorily completed
and formally accepted. Failure to do so may, at the sole discretion of County, constitute a
material breach of this Agreement.
36.3 The CHDO’s and the Administrator’s insurance shall be primary insurance as respects County,
and any insurance or self-insurance maintained by 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 County.
36.5 The insurance policies may provide coverage that contains deductibles or self-insured
retentions. Such deductible and/or self-insured retentions shall not be applicable with respect
to the coverage provided to County under such policies. CHDO and the Administrator shall
be solely responsible for the deductible and/or self-insured retention and County, at its option,
may require CHDO and the Administrator to secure payment of such deductibles or self-
insured retentions by a surety bond or an irrevocable and unconditional letter of credit.
36.6 County reserves the right to request and to receive, within 10 working days, certified copies of
any or all of the herein required insurance certificates. County shall not be obligated to review
policies and/or endorsements or to advise CHDO and the Administrator of any deficiencies
in such policies and endorsements, and such receipt shall not relieve CHDO from, or be
deemed a waiver of County’s right to insist on strict fulfillment of CHDO’s and the
Administrator ‘s obligations under this Agreement.
36.7 The insurance policies required by this Agreement, except Workers’ Compensation, shall name
County, its agents, representatives, officers, directors, officials and employees as Additional
Insured’s.
36.8 The policies required hereunder, except Workers’ Compensation, shall contain a waiver of
transfer of rights of recovery (subrogation) against County, its agents, representatives, officers,
directors, officials and employees for any claims arising out of CHDO’s and/or the
Administrator’s work or service.
36.9 The CHDO’s and the Administrator’s policies shall stipulate that the insurance afforded the
CHDO and the Administrator shall be primary insurance and that any insurance carried by
the County, its agents, officials, or employees shall be excess and not contributory insurance,
as provided by A.R.S. § 41-621 (E).
36.10 Coverage provided by the CHDO and the Administrator shall not be limited to the liability
assumed under the Indemnification provisions of this Agreement.
36.11 The CHDO and the Administrator shall have in effect at all times during the term of the
Agreement in as much that is adequate to protect the County, its officers and employees,
participants, and equipment funded under this Agreement against such losses as are set forth
below. The CHDO and the Administrator shall each name the County as an additional insured
party. The CHDO and the Administrator shall each 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 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;
36.12.4 General Liability, each occurrence, $1,000,000
36.12.5 Property Damage $1,000,000; or
36.12.6 Combined single Limit, each occurrence, $1,000,000 minimum.
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36.12.7 Automobile and Truck Liability, Bodily Injury, and Property Damages:
36.12.7.1 General Liability, each occurrence, $1,000,000
36.12.7.2 Property Damage $1,000,000; or
36.12.7.3 Combined single limit, each occurrence, $1,000,000 minimum.
36.12.8 Standard minimum deductible amounts are allowable. Any deductible amounts are
the responsibility of the CHDO and the Administrator and reimbursement, if any,
under this Agreement are subject to regulatory provisions of the funding source(s) of
this Agreement.
36.12.9 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 Agreement execution, the CHDO and the Administrator shall furnish the
County with valid and complete certificates of insurance or formal endorsements as
required by the Agreement, issued by the CHDO’s and the Administrator’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 number and title.
36.13.2 Prior to commencing work or services under this Agreement, CHDO and the
Administrator shall have insurance in effect as required by the Agreement in the
form provided by the County, issued by the CHDO’s and the Administrator’s
insurer(s), as evidence that policies providing the required coverage, conditions and
limits required by this Agreement are in full force and effect. Such certificates
shall be made available to the County upon ten (10) business days. BY SIGNING
THE AGREEMENT PAGE THE CHDO AND THE ADMINISTRATOR
AGREE TO THIS REQUIREMENT AND FAILURE TO MEET THIS
REQUIREMENT WILL RESULT IN CANCELLATION OF AGREEMENT.
36.13.3 In the event any insurance policy(ies) required by this Agreement is (are) written on a
“claims made” basis, coverage shall extend for two years past completion and
acceptance of the CHDO’s and the Administrator’s work or services and as evidenced
by annual Certificates of Insurance.
36.13.4 If a policy does expire during the life of the Agreement, a renewal certificate must be
sent to County fifteen (15) days prior to the expiration date.
36.14 Cancellation and Expiration Notice:
Insurance required herein shall not be permitted to expire, be canceled, or materially changed
without thirty (30) days prior written notice to the County.
36.15 Subcontractors:
The CHDO’s and the Administrator’s certificate(s) shall include all subcontractors as insureds
under its policies or CHDO and the Administrator 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 modification or variation from the insurance requirements in any Agreement must have
prior approval from the County whose decision shall be final. Such action will not require a
formal Agreement amendment, but may be made by administrative action.
36.17 Exceptions:
In the event the CHDO and the Administrator or sub-contractor(s) is/are a public entity, then
the Insurance Requirements shall not apply. Such public entity shall provide a Certificate of
Self-Insurance.
37.0 BONDING
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37.1 The CHDO shall not receive any initial reimbursements under this Agreement in an amount
greater than the CHDO's bonding limit. The CHDO shall provide the Lead Agency with
documentation of required bonding.
37.2 The CHDO and the Administrator shall have fidelity bonding of not less than the maximum
amount of cash on hand or an amount equal to the initial reimbursement, whichever is greater.
37.3 Bonding requirements shall prevail throughout the term of this Agreement.
38.0 GRIEVANCE PROCEDURE
The CHDO and the Administrator 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
CHDO’s and the Administrator’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 CHDO’s and the
Administrator’s level. This system shall include protest procedures for decisions related to contract
awards and requests for reasonable accommodations for persons with disabilities.
39.0 NONDISCRIMINATION
The CHDO and the Administrator, 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 CHDO and the Administrator shall include this
clause in all of its Subcontracts.
40.0 EQUAL EMPLOYMENT OPPORTUNITY
The CHDO and the Administrator shall not discriminate against any employee or applicant for
employment because of race, age, disability, color, religion, sex, or national origin. The shall each take
affirmative action to insure that 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. The CHDO and the Administrator
shall, to the extent such provisions apply, comply with Title VI and VII of the Civil Rights Act of 1964,
as amended (42 U.S.C. §§ 2000a, et seq.); the Rehabilitation Act of 1973, as amended (29 U.S.C. §§ 701, et
seq.); the Age Discrimination in Employment Act of 1967, as amended (29 U.S.C. §§ 621, et seq.); the
Americans With Disabilities Act of 1990 (42 U.S.C. §§ 12101, et seq.); and Arizona Executive Order 99-
4, which mandates that all persons shall have equal access to employment opportunities.
41.0 DISABILITY REQUIREMENTS
The CHDO and the Administrator agrees that any electronic or information technology offered under
this Agreement shall comply with A.R.S. §§41-2531 and 2532 and Section 508 of the Rehabilitation Act
of 1973, which requires that employees and members of the public shall have access to and use of
information technology that is comparable to the access and use by employees and members of the public
who are not individuals with disabilities.
42.0 UNIFORM ADMINISTRATIVE REQUIREMENTS
By entering into this Agreement, the CHDO and the Administrator agree to comply with all applicable
provisions of Title 2, Subtitle A, Chapter II, PART 200—UNIFORM ADMINISTRATIVE
REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL
AWARDS contained in Title 2 C.F.R. § 200, et seq.
43.0 FINANCIAL MANAGEMENT
The CHDO and the Administrator 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
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Section I General Provisions
in the bank account shall be commingled with other funds or money belonging to the CHDO. All interest
earned on the account shall be disposed of in a manner specified by the County in accordance with
applicable State and federal regulations. The CHDO and the Administrator shall provide a signed bank
account agreement authorizing the County to obtain information about the account. If an accounting
system is used, it shall be in accord with generally accepted accounting principles.
44.0 RETENTION OF RECORDS
44.1 This provision applies to all financial and programmatic records, supporting document, statistical
records, and other records of the CHDO and the Administrator that are related to this
Agreement.
44.2 The CHDO and the Administrator 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.
45.0 ADEQUACY OF RECORDS
If the CHDO’s and the Administrator’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,
the CHDO and the Administrator shall reimburse the County for the services not supported and
documented.
46.0 COMPETITIVE BID REQUIREMENTS
46.1 Equipment
The CHDO and the Administrator shall obtain all equipment to be utilized under this
Agreement and purchased with funds provided under this Agreement at the lowest practical cost
pursuant to the following competitive bidding system:
46.1.1 Procurements in excess of $300, but less than $1,000, require oral price quotations from
two or more vendors. The CHDO and the Administrator shall keep and maintain a
record of the vendors’ verbal quotations. The CHDO’s and the Administrator’s award
shall be made to the lowest bidder meeting specification requirements concerning price,
conformity to specifications, and other purchasing factors.
46.1.2 Procurements exceeding an aggregate amount of $1,000 shall be approved by the
County. At least three (3) bidders shall be solicited to submit written quotations. The
CHDO and the Administrator’s shall solicit written quotations by issuing a Request for
Quotation to at least three (3) vendors. The award shall be made to the lowest bidder
meeting specification requirements concerning price, conformity to specifications, and
other purchasing factors.
46.2 Supplies
The CHDO and the Administrator shall obtain all supplies to be utilized under this Agreement
and purchased with funds provided under this Agreement at the lowest practical cost and
pursuant to a system of written quotes whenever the price is expected to be greater than $300,
unless the CHDO and the Administrator obtains the County’s prior written approval to
purchase supplies by an alternate method.
46.3 Minority, Women, and Small Business Enterprises
The CHDO and the Administrator 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.
46.4 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.
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47.0 PROPERTY
Any property furnished or purchased pursuant to the terms of this Agreement shall be utilized,
maintained, repaired, and accounted for in accordance with instructions furnished by the County, and
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 CHDO and the Administrator within the
limits budgeted herein. Repair costs beyond the budgeted amount shall be approved by the County.
48.0 IMMIGRATION LAWS AND REGULATIONS
48.1 Federal Immigration and Nationality Act
48.1.1 The Parties understand and acknowledge the applicability of the Immigration Reform
and Control Act of 1986 (IRCA). The Parties agree to comply with the IRCA in
performing under this Agreement and to permit the other Party to inspect personnel
records to verify such compliance.
48.1.2 By entering into this Agreement, the Parties warrant compliance with the Federal
Immigration and Nationality Act (FINA) and all other Federal immigration laws and
regulations related to the immigration status of its employees. The Parties shall obtain
statements from their subcontractors certifying compliance and shall furnish the
statements to the Procurement Officer upon request. These warranties shall remain
in effect through the term of the Agreement. The Parties and their subcontractors
shall also maintain Employment Eligibility Verification forms (I-9) as required by the
U.S. Department of Labor’s Immigration and Control Act for all employees
performing work under the Agreement. I-9 forms are available for download at
USCIS.GOV.
48.1.3 The Parties may request verification of compliance for any employee or subcontractor
performing work under the Agreement. Should either Party suspect or find that the
other Party or any of its subcontractors are not in compliance, then the Party may
pursue any and all remedies allowed by law, including, but not limited to: suspension
of work, termination of the Agreement for default, and suspension and/or debarment
of the other Party. All costs necessary to verify compliance are the responsibility of
the CHDO and the Administrator or its subcontractor.
48.2 Arizona Law: The CHDO and the Administrator warrant that they are in compliance with
A.R.S. § 41-4401 (e-verify requirements) and further acknowledge:
48.2.1 That CHDO and the Administrator and their 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;
48.2.2 That a breach of a warranty under subsection 48.2.1 above, shall be deemed a material
breach of this Agreement and the County may immediately terminate this Agreement
without liability;
48.2.3 That the County and any contracting government entity retain the legal right to inspect
the papers and employment records of any CHDO and the Administrator or Vendor’s
employee who work on this Agreement to ensure that the CHDO or Vendors are
complying with the warranty provided under subsection 48.2.1 above and that the
CHDO and the Administrator agree to make all papers and employment records of said
employee(s) available during normal working hours in order to facilitate such an
inspection.
49.0 DRUG FREE WORKPLACE ACT
The CHDO and the Administrator agree to comply with the Drug-Free Workplace Act of 1988 (41
U.S.C. §§ 701, et seq.), which requires that the CHDO and the Administrator and grantees of federal funds
must certify that they will provide drug-free workplaces. This certification is a precondition to receiving
a grant or entering into this Agreement.
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Section I General Provisions
50.0 GOVERNOR’S EXECUTIVE ORDER NO. 88-26
The CHDO and the Administrator are required to use the Arizona Taxonomy of Human Services for
reporting and contracting purposes.
51.0 EMPLOYMENT DISCLAIMER
51.1 This Agreement is not intended to constitute, create, give rise to, or otherwise recognize a joint
venture agreement, partnership, or other formal business association or organization of any kind
between the Parties, and the rights and obligations of the Parties shall be only those expressly
set forth in this Agreement.
51.2 The Parties agree that no individual performing under this Agreement on behalf the CHDO and
the Administrator 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 CHDO and
the Administrator 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.
51.3 The County agrees that no individual performing under this Agreement on behalf of County
may be considered a CHDO’s and/or the Administrator’s agent, employee, or representative
and that no rights of the CHDO’s and/or the Administrator’s civil service, the CHDO’s and/or
the Administrator’s retirement, or CHDO’s and/or the Administrator’s personnel rules shall
accrue to or apply to any such individual. The County shall have total responsibility for all
salaries, wages, bonuses, retirement, withholdings, workers’ compensation, occupational disease
compensation, unemployment compensation, other employee benefits, and all taxes and
premiums appurtenant thereto concerning such individuals and the County shall indemnify,
defend and hold harmless the CHDO and/or the Administrator with respect thereto.
52.0 CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY AND
VOLUNTARY EXCLUSION
52.1 The undersigned, by signing and submitting this Agreement has the authority to certify the
CHDO and the Administrator to the terms, representations and/or warrants of this
Certification. The CHDO and the Administrator, defined as the primary participant in
accordance with 45 CFR Part 76, certifies to the best of its knowledge and belief that it and its
principals:
52.1.1 are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any federal department or agency;
52.1.2 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;
52.1.3 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 (b) of this certification; and
52.1.4 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.
52.1.5 shall immediately notify the County if, at any time during the term of this Agreement,
it 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.
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52.1.6 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.
52.2 The CHDO and the Administrator shall include, without modification, this Certification’s
language, titled “Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary
Exclusion – Lower Tier Covered Transactions,” 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 CFR Part 76.
52.3 Should the CHDO and/or the Administrator not be able to provide this Certification, an
explanation as to why shall be immediately provided to the County, Attention: Housing &
Community Development Assistant Director, 234 N. Central Ave., Third Floor, Phoenix, AZ
85004.
53.0 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO
INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS
53.1 The Parties agree 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;
53.2 The CHDO 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 CHDO and copies provided to County upon
request; and
53.3 The CHDO shall insert the substance of this clause, including this paragraph (3), in all
subcontracts over the simplified acquisition threshold ($150,000 as of September 2013).
54.0 VIOLENCE AGAINST WOMEN REAUTHORIZATION ACT of 2013
The CHDO and the Administrator 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. CHDO 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.
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SECTION II
SPECIAL PROVISIONS
MARICOPA COUNTY
HUMAN SERVICES DEPARTMENT
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Section II Special Provisions
1.0 STANDARDS
The CHDO and the Administrator shall perform the work and provide the services identified in the
Work Statement and the CHDO and the Administrator shall immediately notify the County whenever
the CHDO and the Administrator are unable to, or anticipate an inability to, perform any of the work,
or provide any of the services required by the terms of this Agreement. The CHDO and the
Administrator acknowledge that any inability to perform the work and provide the services, or comply
with the standards set forth in this Agreement may subject the CHDO and the Administrator to the
remedies provided in the Default and Remedies for Noncompliance established by the General
Provisions
2.0 COMPLIANCE WITH LAWS, RULES & REGULATIONS
This Agreement and the Parties hereto, are subject to all applicable federal, state, or local laws, rules,
and regulations. The CHDO and the Administrator shall comply with all applicable laws, rules and
regulations, without limitation to those designated within this Agreement. Refer to the Default and
Remedies for Noncompliance provided in the General Provisions.
3.0 COMPLIANCE WITH REQUIREMENTS REGARDING ELIGIBILITY FOR PUBLIC
BENEFITS
3.1 The CHDO and the Administrator shall comply with State and other laws regarding eligibility
for public benefits including ARS § 1-501 and § 1-502 which states 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 1 and 2, above.
3.1.4 Employees of Maricopa County and its subcontracted entities are required to report
“discovered violations” of federal immigration law.
3.1.5 Public benefits are defined in ARS 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.
3.2 Programs, services, or assistance such as soup kitchens, crisis counseling and intervention, and
short-term shelter which meet the following conditions are exempt from ARS 1-501 and 1-
502:
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 CHDO and the Administrator shall, at its own expense, file with the Human Services Department,
Housing & 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
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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
5.1 In accordance with HOME Program regulations, the CHDO and the Administrator agree to
implement the Program activities fully as described in each Work Statement in accordance
with the terms of the County’s Five-Year Consolidated Plan and the Annual Action Plan. The
Annual Action Plan is hereby incorporated by reference into this Agreement. In summary, the
Program activities are described in Work Statement, Section III of the Agreement. The CHDO
and the Administrator shall be responsible for providing various reports of all activities related
to the Work Statement. The CHDO and the Administrator agree to submit to the County the
required reports:
5.1.1 Project Proceeds Reports are due quarterly with supporting documentation and
with each Request for Reimbursement.
5.1.2 Quarterly Performance Reports are due on the 15th of January, April, July, and
October of the preceding three (3) months (i.e. July report covers the months of April,
May and June). Reports shall address all programs described in the Work Statement.
Failure to submit timely Performance Reports will result in suspension of payment
reimbursement requests until all reports are brought current. Within six (6) months
from the date of project completion, if a unit remains unoccupied, the CHDO and
the Administrator 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, 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 § 92.252.
5.1.3 Request for Reimbursements- CHDO and the Administrator shall use the required
Request for Reimbursement form and must include all supporting documentation,
including a Match Log. The CHDO will complete documents and submit to the
Administrator for approval. The Administrator will forward the Request for
Reimbursement and all supporting documentation to the Lead Agency for payment.
5.1.4 HOME Setup Reports are due within one (1) year after the date this Agreement
is fully executed. According to 92.250 (b): Before Setup Reports are submitted, the
CHDO and the Administrator must evaluate the project in accordance with guidelines
that it has adopted for determining a reasonable level of profit or return on owner’s
or developer’s investment in a project and must not commit or invest any more
HOME funds, alone or in combination with other governmental assistance, than is
necessary to provide quality affordable housing. The housing must be financially
viable for a reasonable period (at a minimum, the period of affordability in 24 CFR
92.252 and 254). The project shall not provide a profit or return on the owner’s or
developer’s investment that exceeds the CHDO’s and the Administrator’s established
standards for the size, type and complexity of the project.
5.1.5 HOME Completion Reports are 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 of receiving
the HOME Completion Report, the County will enter project completion data into
the HUD Integrated Disbursement and Information System (IDIS). The date the
HOME Completion Report is entered into IDIS is the date the affordability period
commences for each activity.
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5.1.6 Initial Request for Reimbursement form with required documentation for each
activity is due within 45 (forty-five) days of submitting a HOME Setup Report.
5.1.7 Other HUD-required reporting data as applicable.
6.0 PROJECT PROCEEDS
6.1 Project proceeds may be retained and used by the CHDO for HOME eligible or other housing
activities which benefit low-income families. CHDO will submit a Project Proceeds report
with each request for reimbursement..
7.0 REAL PROPERTY ACQUIRED or IMPROVED WITH HOME FUNDS
Upon expiration of this Agreement, any real property under the CHDO’s control that was acquired or
improved in whole or in part with HOME funds must be occupied by low and/or very low income
households 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 covenants running with the land. The option to use deed restrictions or covenants running
with the land must include period of affordability set forth in §92.252 and §92.254.
8.0 DE-OBLIGATION
8.1 The County may de-obligate funds under this Agreement under the foregoing circumstances
upon written notice to the CHDO and the Administrator:
8.1.1 The CHDO and the Administrator complete performance under the Work Statement
without using all funds provided by the County under this Agreement;
8.1.2 The County’s original allocation was a loan and the CHDO and the Administrator
paid the loan;
8.1.3 Cancelled or changed a Program activity under the Work Statement for reasons other
than non-performance;
8.1.4 This Agreement has been terminated.
9.0 REDUCTION IN FUNDS
9.1 The County may reduce Agreement funds under the following circumstances:
9.1.1 The County determines that the CHDO and the Administrator failed to use the
funds provided by the County under this Agreement in compliance with the
terms and conditions outlined herein; or
9.1.2 The CHDO and the Administrator fail to perform in accordance with the
performance obligations set forth in the Work Statement and Project Schedule
or the terms of this Agreement.
10.0 REPAYMENT OF FUNDS
The CHDO and the Administrator agrees to repay funds provided under this Agreement in compliance
with the terms of this Agreement or the requirement of applicable laws and regulations. This repayment
obligation extends to but is not limited to questioned costs identified in HUD monitoring or Single
Audit and repayments 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) days following the written determination of
noncompliance by the County.
11.0 ADMINISTRATIVE REQUIREMENTS
11.1 In accordance with federal regulations, including 24 CFR § 92, et seq., the County is responsible
for ensuring the administration of HOME Program Funds in accordance with all program
requirements.
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11.1.1 FINANCIAL RECORDS: The CHDO’s and the Administrator’s accounting system
and financial records shall comply with the applicable requirements and standards of
2 CFR 200 et seq. and shall be subject to monitoring from time to time by the County
or by HUD.
11.1.1.1 The CHDO and the Administrator agree to adhere to accounting principles
and procedures, to utilize adequate internal controls and maintain necessary
source documentation for all costs incurred. The CHDO and the
Administrator further agrees to maintain an adequate accounting system that
provides for appropriate grant accounting (including calculation of project
proceeds).
11.1.1.2 The CHDO and the Administrator are to adhere to applicable audit
requirements as described, and in accordance with 2 CFR 200 et seq. In
addition, all CHDO’s and the Administrator’s must provide annual single-
audit reports or annual audited financial statements to the County.
11.1.1.3 The CHDO and the Administrator are to adhere to the repayment of
investment requirements set forth in 24 CFR § 92.503. Any HOME Funds
invested in housing that do not meet the affordability requirements for the
period specified in § 92.252 or § 92.254, as applicable, must be repaid in
accordance with 24 CFR § 92.503(b)(3).
11.1.2 DOCUMENTATION AND RECORD KEEPING
11.1.2.1 Records to be Maintained: The CHDO and the Administrator shall maintain
all records required by the federal regulations specified in 24 CFR § 92.508
that are pertinent to the activities to be funded under this Agreement. Such
records shall include, but not be limited to records:
11.1.2.1.1 Demonstrating that the CHDO and the Administrator is and
remains a qualified CHDO and the Administrator;
11.1.2.1.2 Providing a full description of each activity undertaken and its
impact;
11.1.2.1.3 Required to determine the eligibility of activities;
11.1.2.1.4 Demonstrating compliance with environmental review
requirements;
11.1.2.1.5 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);
11.1.2.1.6 Demonstrating citizen participation;
11.1.2.1.7 Demonstrating compliance regarding acquisitions,
displacement, relocation and replacement housing;
11.1.2.1.8 Demonstrating continuing compliance for all activities and/or
compliance with resale provisions of the affordability standards;
11.1.2.1.9 Documenting compliance with the fair housing and equal
opportunity components of the HOME program;
11.1.2.1.10 Required by 24 CFR Part 570.502, 2 CFR 200 et seq. and OMB
Circulars;
11.1.2.1.11 Other records necessary to document compliance with HOME
Program requirements;
11.1.2.1.12 Documenting compliance with Section 3 of the Housing and
Urban Development Act of 1968;
11.1.2.1.13 Demonstrating compliance with deeds of trust, promissory
notes, and forgivable loans;
11.1.2.1.14 Supporting that the CHDO and the Administrator have
maintained client data demonstrating clients served meet the
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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 CFR 92.356.
11.1.2.1.15 Demonstrating compliance with federal, State, and local laws
and regulations, including compliance with A.R.S. § 1-1501 and
§ 1-502.
11.1.3 Outcome Measures – The CHDO and the Administrator shall maintain data that
supports the accomplishment of the desired outcomes as indicated in the Work
Statement.
11.1.4 Disclosure – The CHDO and the Administrator 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
CHDO’s and the Administrator’s responsibilities with respect to services provided
under this Agreement is prohibited unless written consent is obtained from such
person receiving service.
11.1.5 Program Activity Reports – Such reports as required by the County including, but not
limited to, HOME Setup/Completion Reports, Quarterly Performance Reports,
Quarterly Project Proceeds Reports, Match Reports, MBE/WBE information, and
other HUD-required reporting data, as applicable shall be submitted at the
completion of each Program which is described under the Work Statement.
11.1.6 Audits and Inspections – All CHDO and the Administrator 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 CHDO and the Administrator within 45 days after receipt by the
CHDO and the Administrator. Failure of the CHDO and the Administrator to
comply with above audit requirements shall constitute a violation of this Agreement
and may result in the withholding of future payments. The CHDO and the
Administrator hereby agrees to have an Annual Audit. The Annual Audit requirement
is applicable to all levels of funding received by the CHDO and the Administrator
under this Agreement, even if the level of funding is less than the current thresholds
cited in 2 CFR 200.501.
11.1.7 Performance Monitoring – The County and the Administrator will monitor the
CHDO to determine if HOME funded activities are implemented and administered
in accordance with all applicable federal requirements and gauge performance of the
CHDO against goals and performance standards required herein. The CHDO shall
assure that all required files and documentation are available at scheduled monitoring.
Failure of the CHDO to administer, implement and perform as determined by federal
regulations and 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.
12.0 ENVIRONMENTAL REVIEW CONDITIONS
12.1 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 CHDO and the Administrator. Exempt activities described in
§ 24 CFR 58.34(a)(1)-(11) are activities that generally have no physical impact on the
environment. If federal funds are involved in an activity, neither federal nor non-federal funds
may be expended or committed by contract (conditional or not) for property acquisition,
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rehabilitation, conversion, lease, repair or construction activities, until HUD and/or the
County provides written authorization based on approval of an ERR.
12.2 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 on the completion of
the ERR. The cost of the option must be a nominal portion of the purchase price.
12.2.1 The CHDO and the Administrator agree to comply with: the National Environmental
Policy Act of 1969 (P.L. 91-190) pursuant thereto 40 CFR Parts 1500 – 1508;
Environmental Review Procedures for Entities Assuming HUD Environmental
Responsibilities pursuant thereto Title 24 CFR Part 58, Subpart A; CPD Notice 01-
11 HOME Environmental Review Requirements and with all conditions required in
the process of the environmental assessment.
12.2.1.1 Air and Water - The CHDO and the Administrator shall comply with the
following requirements insofar as they apply to the performance of this
Agreement:
12.2.1.1.1 Clean Air Act, 42 U.S.C. § 7401, et seq., as amended.
12.2.1.1.2 Federal Water Pollution Control Act, as amended, 33 U.S.C. §§
1251, et seq, as amended, § 1318 relating to inspection,
monitoring, entry, reports, and information, as well as other
requirements specified in said Section 114 and Section 308 and
all regulations and guidelines issued thereunder.
12.2.1.1.3 Environmental Protection Agency (EPA) regulations pursuant to
40 CFR Part 50, as amended.
12.2.1.1.4 The CHDO and the Administrator agree to comply with
conditions set forth by the Air Quality Department or other
County agency, as required.
12.2.1.2 Flood Disaster Protection - In accordance with the requirements of the
Flood Disaster Protection Act of 1973 (42 USC § 4001), the CHDO and the
Administrator 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 CHDO and
the Administrator shall require the homeowner to obtain and maintain flood
insurance as a condition of funding, or funds shall not be utilized.
12.2.1.3 Historic Preservation - The CHDO and the Administrator shall comply with
the Historic Preservation requirements set forth in the National Historic
Preservation Act of 1966 (16 USC § 470) and the procedures set forth in 36
CFR § 800, Advisory Council on Historic Preservation Procedures for
Protection of Historic Properties, insofar as they apply to the performance
of this Agreement. In general, this requires concurrence from the State
Historic Preservation Office for all rehabilitation and demolition of historic
properties that are fifty (50) years old or older or that is listed or eligible for
the National Register of Historic places, or included on any State or local
historic property inventory or any archaeological findings.
12.2.1.4 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 is also 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 CHDO and the Administrator to notify the County,
and to refrain from making any commitments and expenditures on a site until
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a Release of Funds has been issued by the County. Failure to meet these
conditions will mean that requested funds will not be disbursed.
13.0 ADDITIONAL CERTIFICATIONS, WARRANTIES, AND AGREEMENTS
13.1 The CHDO and the Administrator agree that they will 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 CFR §§
92.350-92.454), which include:
13.1.1 The requirements of the Fair Housing Act, (42 CFR §§ 3601-3620), and implementing
regulations at 24 CFR § 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 CFR
§§ 1958-1963 Comp., p. 652 and 3 CFR § 1980, Comp. p. 307) and implementing
regulations at 24 CFR 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 CFR Part 1
(Nondiscrimination in Federally Assisted Programs of HUD);
13.1.2 Executive Order 13166 (Improving Access to Services for Persons with Limited
English Proficiency) pursuant to Title VI of the Civil Rights Act of 1964;
13.1.3 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 CFR
§ 146 (nondiscrimination on the basis of age in HUD programs or activities receiving
federal financial assistance);
13.1.4 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 CFR § 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.);
13.1.5 The requirements of the Executive Order 11246 (Equal Employment Opportunity)
and the regulations issued under the Order at 41 CFR Chapter 60 (3 CFR §§ 1964-65,
Comp,. p. 339);
13.1.6 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);
13.1.7 The requirements of Executive Orders 11625 and 12432 regarding Minority Business
Enterprise Development, and 12138 regarding Women's Business Enterprise, and
Regulations S. 85.36 (e) and of Section 281 of the National Housing Affordability and
Stability Act; and,
13.1.8 The requirements of the Housing and Urban Development 246 Rule (24 CFR Part 5
Final Rule 5863) to ensure equal access to housing and services regardless of gender
identity.
13.2 The CHDO and the Administrator agree that they will prepare and adopt acceptable
procedures and requirements for affirmatively marketing units in the HOME Activities, 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 CHDO and the Administrator 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.
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13.3 HOME funds may not be used for operations or modernization of public housing projects
financed under the Housing Act of 1937.
13.4 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
USC § 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 CFR § 58 (environmental
review procedures for entities assuming HUD environmental responsibilities). The County
will assume the responsibilities for the Request for Release of Funds. The CHDO and the
Administrator agree not to commit or incur expenditures for HOME activities until this
environmental review process has been completed. Should it be determined that the CHDO
and the Administrator has incurred expenses in violation of the NEPA requirements, the
CHDO and the Administrator will be responsible for the full costs for such expenditures and
repayment of any related reimbursements. The CHDO and the Administrator shall provide
all necessary assistance to the County in completing this environmental review process.
13.5 The CHDO and the Administrator agree to abide with the Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970 (URA) (42 USC §§ 4291-4655) and the
governmental implementing regulations at 49 CFR Part 24 as they apply to this HOME
Program.
13.6 The CHDO and the Administrator 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 CFR § 24 regarding Government Debarment and Suspension as they
apply to this HOME Program.
13.7 The CHDO and the Administrator shall comply with the Flood Disaster Protection Act of
1973 (42 U.S.C. §§ 4001, et seq.) as they apply to this HOME Program.
13.8 The CHDO and the Administrator shall comply with the Drug-Free Workplace Act of 1988
as it applies to the HOME Program.
13.9 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 CFR § 35.
13.10 No person who is an employee, agent, consultant, officer or elected official, or appointed
official who exercise or have exercised any functions or responsibilities with respect to
activities assisted with HOME funds or who are in a position in a decision making process or
gain inside information with regard to these activities, may obtain a financial interest or benefit
from a HOME assisted activity, either for themselves or those whom they have family or
business ties, during their tenure or for one year thereafter.
14.0 REGARDING SUBCONTRACTS AND VENDORS
14.1 Approvals – Unless expressly authorized in the written agreement by the CHDO and the
Administrator exempt activities such as architectural, engineering and administration may be
undertaken and reimbursed by the County prior to receipt of HUD Request Release of Funds
(RROF). Exempt activities described in 24 CFR 58.34(1)(1)-(11) are activities that generally
have no physical impact on the environment. Otherwise the CHDO and the Administrator
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
enter into by a subcontract(s) with any agency or individual in the performance of this Program
that are not exempt activities without the Release of Funds (ROF) from the County prior to
the execution of such Agreement.
14.2 DUNS Number -- All subcontractors shall have a valid DUNS number and an active profile
in the federal System for Award Management, or SAM.
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14.3 Fees – CHDO and the Administrator 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 CFR 92.214(b)(1).
14.4 Selection Process – The CHDO and the Administrator 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.
14.5 Section 3 of the Housing and Urban Development Act of 1968 – The CHDO and the
Administrator 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 CHDO and the Administrator shall not subcontract with any
entity where it has notice or knowledge that the latter has been found in violation of the
regulations under 24 CFR § 135. The CHDO and the Administrator has the responsibility of
determining Section 3 eligibility.
14.6 Monitoring – The CHDO and the Administrator shall monitor / review all subcontracted
services on an annual basis 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.
15.0 THE COUNTY CERTIFIES
15.1 That a public purpose is served by the financial participation of the County in the Work
Statement.
15.2 That the HOME Program funds designated for the Work Statement constitute reasonable and
prudent assistance necessary for completion of the activity.
16.0 THE ADMINISTRATOR AGREES TO
16.1 Complete and submit to the County all Environmental Reviews (ERs) in a timely manner.
16.2 Provide technical assistance to the CHDO on a continuing basis.
16.3 Approve all Requests for Reimbursement, review all requests for Agreement amendments and
make recommendations to the County thereof in a timely manner.
16.4 Monitor timely implementation of the CHDO’s project including encumbrance obligation and
make recommendations for compliance.
16.5 Keep the Maricopa HOME Consortium informed of progress toward goals.
16.6 Serve as lead in the Maricopa HOME Consortium monitoring team for the CHDO annual
formal monitoring.
16.7 Serve as the lien holder for all real estate developed, if applicable.
16.8 At the completion of the project, provide a close out memo detailing the on-going HOME
requirements and responsibilities for the affordability period.
17.0 PROGRAM COMPLETION
17.1 Upon completion of the Work Statement, all unspent HOME Program funds and property
shall be forfeited to the County for reallocation as defined by the Maricopa HOME
Consortium Policies and Procedures. The CHDO and the Administrator shall continue to be
responsible for compliance activities until all HOME Program requirements and contractual
obligations are met including affordability restrictions. The CHDO and the Administrator
obligation shall not end until all close-out requirements are completed. The County will notify
the CHDO and the Administrator in writing that a Completion Report is due to the County
within sixty (60) days of one of the following occurrences:
17.1.1 Funds have been expended for the activity;
17.1.2 The Work Statement has been completed;
17.1.3 This Agreement has expired; or
17.1.4 The Agreement has otherwise been terminated.
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17.2 Following the receipt and approval of the Completion Report for each activity, the County
will notify the CHDO and the Administrator in writing that each activity is closed. In
compliance with 24 CFR 92.502(d) all project completion data shall be entered in HUD’s
Integrated Disbursement Information System (IDIS) within 120 days of the final drawdown
for all activity types. 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 CFR 92.251, the final draw has been disbursed; and the projection
completion data entered into IDIS.
17.3 For the purposes of a rental project, the project is complete when construction is complete
and the units are ready for occupancy. The identification of a beneficiary is not required for
project completion. Vacant rental units may be marked as vacant when completion data is
entered.
17.4 Within six (6) months from the date of project completion, if a rental unit remains unoccupied,
the CHDO and the Administrator 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 eighteen (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,
HUD will require repayment of all HOME funds invested in the unit.
18.0 FAILURE TO MAKE PROGRESS
18.1 Failure of the CHDO and the Administrator to make progress according to the Work
Statement may result in Agreement termination, de-obligation of funds or recapture of funds.
The CHDO and the Administrator agree to meet with the County at the site in which the
funded activity is taking place to discuss progress and allow the County to provide technical
assistance if:
18.1.1 The CHDO and the Administrator fails to complete its Environmental Review
pursuant to section 5 within one hundred and eighty (180) calendar days from the
date the County executes this Agreement;
18.1.2 The CHDO and the Administrator fails to commit funds to a specific local project in
performance of and in accordance with the terms of this Agreement within eighteen
(18) months from the execution date the County executes this Agreement. Commit
for the purposes of this paragraph shall have the same meaning as 24 CFR 92.2(2)(i)-
(iii).
18.1.3 The CHDO and the Administrator fails to expend HOME funds in performance of
and in accordance with the terms of this Agreement within twenty-four (24) months
from the date the County executes this Agreement.
18.2 The County will terminate the Agreement and recapture funds from the same Agreement in
which the CHDO and the Administrator does not timely perform the activities described
above or in the milestones 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 I hereof and/or terminate the Agreement for cause pursuant
to Section I of this Agreement.
18.3 In the event that a project is not completed within twenty-four (24) months from the date that
the County executes this Agreement, the CHDO and the Administrator must repay the
HOME funds unless the CHDO and the Administrator requests and the County grants an
amendment to the Agreement prior to ninety (90) days of Agreement expiration.
19.0 GENERAL CONDITIONS
19.1 It is expressly understood by the CHDO and the Administrator that this Agreement has been
negotiated and executed in anticipation of receipt of funds by the County from HUD pursuant
to the HOME Program and that, therefore, the terms, conditions, and sums payable under
this Agreement are subject to any changes or limitations that may be required by HUD and
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Section II Special Provisions
HOME regulations. Notwithstanding any other provisions of this Agreement, any payment to
CHDO by the County under this Agreement is contingent upon the actual receipt of funds
from HUD.
19.2 The CHDO and the Administrator acknowledge that no member of the governing body, nor
any employee of the County who exercises any functions or responsibilities in connection with
the carrying out of the activity to which this Agreement pertains, has any personal interest,
direct or indirect, in this Agreement.
19.3 The County may amend this Agreement at any time, provided that such amendments make
specific reference to this Agreement and are executed in writing and signed by a duly
authorized representative of the Parties. Such amendments shall not invalidate this Agreement
nor relieve or release the County or CHDO and the Administrator from their obligations
under this Agreement. Amendments shall be filed with the original Agreement.
19.4 Change Orders – The County may, at any time, by written Change Order/Administrative
Change/Addendums executed by the Department Director, make changes within the general
scope of this Agreement in any of the following areas of the Work Statement which:
19.4.1 Do not increase or decrease the amount of total Agreement funding;
19.4.2 Modify the project timeline as long as the last day of the project timeline is within the
timeframe of the Agreement;
19.4.3 Addendums which identify properties to be acquired;
19.4.4 Modify terms consistent with any change to the Work Statement required by Federal,
State, or County regulations ordinances or policies; or,
19.4.5 Administrative requirements such as changes in reporting periods, frequency of
reports, or report formats required by HUD or local regulations, policies or
requirements. It is the responsibility of the CHDO and the Administrator to ensure
the latest documents are consulted and followed.
19.5 The County may increase or decrease funding resulting from a reallocation pursuant to a
majority vote of the Consortium members with the agreement of the Parties; provided the
change in funding is approved through an Amendment as referenced in Section I paragraph
4.0.
19.6 The invalidity in whole or in part of any provision of this Agreement shall not void or affect
the validity of any other provision of this Agreement.
19.7 The CHDO and the Administrator agree to give all notices and comply with all laws,
ordinances, rules, building codes, regulations, and lawful orders of any public authority bearing
on the performance of activities pursuant to this Agreement. If the CHDO and the
Administrator observes that any of the contract documents are in conflict with any laws,
statutes, building codes, or regulations, it shall promptly notify the County in writing, and any
necessary changes shall be accomplished by appropriate written modification.
19.8 Should the CHDO and the Administrator perform any work knowing it to be contrary to
applicable laws, ordinances, rules, building codes, or regulations, it shall assume full
responsibility therefore, and shall bear all costs incurred due to its negligence. Any dispute not
resolved by mutual agreement by the parties hereto shall be decided in accordance with
applicable Arizona laws, ordinances, and codes of the state and local governments.
19.9 CHDO and the Administrator shall execute and abide by Certifications mandated by HOME
Program requirements as listed in HOME CERTIFICATIONS.
20.0 REVERSION OF ASSETS
20.1 Unexpended funds must be de-obligated and returned to the County for reallocation. At the
expiration of the 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 Agreement- Three
Year Cooperative Agreement. A written letter to de-obligate funds will be sent to the CHDO
from the County a minimum of ninety (90) days prior to termination of the Agreement.
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Section II Special Provisions
20.2.1 The CHDO and the Administrator shall not retain any funds drawn down in excess of
immediate cash needs (to be used within 15 days of draw down) to cover subsequent requests
for reimbursement, and must return them to the County within 30 days of receipt. The
CHDO and the Administrator must also return to the County any interest that is earned on
these funds that are drawn down and not expended for eligible costs within 15 days of draw
down.
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CHDO Agreement with Newtown CDC and the City of Tempe

SECTION III
WORK STATEMENT
MARICOPA COUNTY
HUMAN SERVICES DEPARTMENT
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CHDO Agreement with Newtown CDC and The City of Tempe

Section III Work Statement
MARICOPA COUNTY
HOME Investment Partnerships Program
Program Year 2019
Project: Tempe Macro Estates/New Construction/Resale
Type of Property: Single Family Residential
1.0 FUNDING-HOME ASSISTED UNITS
OTHER
HOME CASH MATCH TOTAL
2019 HOME FUNDS RESOURCES
FUNDS AMOUNT BUDGET
AMOUNT
Maricopa Urban 100,000.00
CHDO 254,896.75
Wells Fargo Grant 88,724.00
Construction Loans $ 520,641.25
TOTAL $354,896.75 $ 88,724.00 $ 520,641.25 $ 964,262.00
2.0 PROJECT DESCRIPTION
Newtown CDC (CHDO), acting in the capacity of a developer, will construct four (4) 600 square foot,
1-bedroom, 1-bath, single-family homes that will be part of the Tempe Micro Estates that includes
nine (9) additional units and a community room. The homes will be constructed on land provided to
Newtown by the City of Tempe through a Disposition and Development Agreement. The total project
cost, including the four (4) HOME-assisted units, is estimated at $2.3 million. The completed HOME-
assisted units will be sold to eligible low-income first-time homebuyers.
In addition to the requirements set forth in Section IV Compensation, CHDO will execute a Deed of
Trust and Note provided by the Administrator and naming the city as Beneficiary in order to secure
any funds provided to CHDO as reimbursement for acquisition costs.
Resale provisions will be used to ensure compliance with the period of affordability required by HUD
at 92.254 of the HOME regulation. The affordability restrictions will be secured by a CLT Ground
Lease and a Declaration of Affirmative Land Use Restrictions.
Completed units shall be sold through the CLT program in which the buyer purchases the
improvements only and enters into a 99-year CLT Ground Lease with the CHDO. The CLT Ground
Lease contains provisions that require the housing to be used as the buyer’s principal residence and
restricts resale / transfer only to Low-Income buyers. In addition, the CLT Ground Lease has a shared-
appreciation provision that limits the sale price of the housing and helps ensure affordability for future
buyers. A Memorandum of Ground Lease and Right of First Refusal are recorded. A “Performance”
Deed of Trust is also recorded with the CHDO as the beneficiary; this ensures the CHDO is notified
in the event the owner of the improvements attempts to refinance or transfer the property.
The shared appreciation provision conforms to Maricopa HOME Consortium Recapture/Resale
Provisions: “Fair Return” for leasehold properties is defined as the lessees purchase price, plus 25% of
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Section III Work Statement
the lessee’s share of the increase in leasehold value at time of resale based on a leasehold valuation
performed by a duly licensed appraiser.
Declaration of Affirmative Land Use Restrictions: Upon sale to an eligible buyer, a Declaration of
Affirmative Land Use Restrictive Covenant for HOME Project is executed between the Administrator
and CHDO and recorded against the land to secure the Period of Affordability as required by HUD.
The Period of Affordability is based on the total amount of HOME funds invested in the housing.
Eligible buyers will be required to complete an approved homebuyer education class and
homeownership counseling. Eligible buyers will also be required to complete a CLT orientation, at
which time the ground lease, resale restrictions, shared equity and all other provisions of the CLT
program are fully explained.
Beneficiaries: Up to four (4) first time homebuyers at or below 80% of the area median income level.
CHDO will secure affordability through the Resale Provisions.
Beneficiaries income eligibility will be verified by CHDO staff and will comply with 24 CFR
92.203(d)(1).
Consolidated Plan – Project will increase homeownership opportunities for low and moderate
income households. High priority rated in the Consolidated Plan.
3.0 OBJECTIVES AND OUTCOMES:
OUTCOMES
OBJECTIVE AVAILABILITY/
AFFORDABILITY SUSTAINABILITY
ACCESSIBILITY
Homebuyer Activities,
DECENT Single Family Acq/Rehab of rental housing,
HOUSING Housing Rehab and Acq/New Construction of Housing Activities in a
Emergency Rehab, rental housing, Expansion of targeted revitalization area
Homebuyer assisted rental units in the
Assistance private marketplace
4.0 LOGIC MODEL: PERFORMANCE INDICATORS
OUTPUTS
INPUTS/RESOURCES ACTIVITIES PARTICIPATION OUTCOMES OBJECTIVES
CHDO staff, Funding, Construct up to Up to 4 households. Increased affordable Decent housing.
Contractors 4 units of housing for low mod
affordable income families.
housing. Increase in home-
ownership, improved
neighborhoods,
improved quality of
life.
5.0 SITE INFORMATION:
1443, 1444, 1445, and 1446 S Rita Lane, Tempe AZ 85281
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Section III Work Statement
6.0 PERFORMANCE REPORTING GOALS TIMELINE OF ACTIVITIES
COMPLETION
MILESTONES: Tasks to be Performed
DATE
Application/market study 12/06/2018
Execute 3 party agreement with County and Tempe for
HOME funds 01/01/2020
Development Plan approval-City of Tempe 08/30/2019
Environmental Assessment approval 08/30/2019
Submit complete application for construction permits 10/30/2019
RFP for construction activities 10/30/2019
Homeownership counseling/buyer preparation 09/30/2020
Construction of project 09/30/2020
Sale of Units (Pre-sale and during construction) 09/30/2020
Homebuyer financing secured 09/30/2020
Certificate of Occupancy 09/30/2020
Final Close-out /Project Completion Form 01/31/2021
Any change to the Timeline will need to be approved by the County.
7.0 ACTIVITY FOLLOW-UP AND LONG TERM COMMITMENT:
The Project will be monitored annually and the units will be verified annually during the period of
affordability. The affordability standard is applied to both the original homebuyer and subsequent
purchaser and will be enforced by imposing deed restrictions, covenants running with the land, or
other similar mechanisms.
8.0 ACTIVITY BUDGET SUMMARY:
OTHER TOTAL
HOME CASH
ACTIVITY RESOURCES ACTIVITY
AMOUNT MATCH
AMOUNT BUDGET
Acquisition 0 0 0 0
Legal Fees 0 0 923.00 923.00
Architecture /
Engineering 0 0 35,385.00 35,385.00
Professional Fees 0 0 5,458.00 5,458.00
Permits & Fees 0 0 37,002.00 37,002.00
Construction 354,896.75 88,724.00 346,075.25 789,696.00
Construction Interest /
Fees 0 0 23,060.00 23,060.00
Developer Costs 0 0 70,892.00 70,892.00
Other Soft Costs 0 1,846.00 1,846.00
TOTALS $354,896.75 $88,724.00 $520,641.25 $964,262.00
Note: A total of $2,500 per address will be withheld from the total amount of HOME funds obligated to
each address. A total of $1,000 may be reimbursed upon completion of rehabilitation/new construction
(certificate of occupancy) and a signed purchase contract with a qualified buyer. The final $1,500 will be
reimbursed when a completion form is submitted by CHDO to the County.
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Section III Work Statement
9.0 ACTIVITY MATCH:
AMOUNT FORM OF MATCH SOURCE
$88,724 Grant- cash Wells Fargo
10.0 SALES PRICE:
To ensure the homes are affordable for the target income groups, the sales prices shall be calculated
so that the Buyers' monthly housing expenses are 28% of their gross monthly household income.
Monthly housing expenses include principal, interest, property taxes, home insurance, HOA fees, and
monthly ground lease fees. Buyers' monthly housing expenses must be at least 24% and not exceed
33% of Buyer's gross monthly household income; unless there are documented compensating factors.
Homebuyers may obtain only mortgage loans with a fixed term and interest rate; lender fees may not
exceed 5% of the mortgage amount.
The income of buyers shall be determined according to the requirements at 92.203.
In addition, the property has an estimated value after rehabilitation that does not exceed 95 percent
of the median purchase price for the area as described in 24 CFR 92.254(a)(2)(iii).
11.0 CHDO PROJECT PROCEEDS:
All proceeds generated from CHDO development activities shall be considered project proceeds and
subject to the project proceeds requirements set forth in HOME Program regulations. Project proceeds
shall be tracked by the CHDO. Documentation supporting the amount of Project proceeds received
and expended shall be submitted on the periodic progress report, if requested by the County. Project
proceeds shall be retained and expended by the CHDO for construction of additional properties under
this Agreement, or for other HOME eligible activities with prior approval from the Administrator.
12.0 CONVERSION TO RENTAL:
Any HOME homebuyer units that have not been sold to an eligible homebuyer within nine (9) months
of receipt of a Certificate of Occupancy must be converted to a HOME rental unit that complies with
all HOME requirements for the period of affordability applicable to such rental units, according to 24
CFR 92.254(a)(3). If the vacant property is not converted, HOME funds must be repaid to the County.
13.0 AFFORDABILITY REQUIREMENTS:
13.1 The housing that is acquired with HOME funds must be single family housing. The family or
individual acquiring the housing must qualify as Low Income and maintain the housing as the
principal residence throughout the Period of Affordability, which shall be for a period of 15
years in accordance with HOME program requirements.
13.2 Resale provisions (Attachment D) will be used to ensure compliance with the period of
affordability required by HUD at 92.254 of the HOME regulation. The affordability
requirements will be secured by a CLT Ground Lease and a Declaration of Affirmative Land
Use Restrictions and a Deed of Trust.
13.2.1 CLT Ground Lease. Completed units shall be sold through CLT program in which
the buyer purchases the improvements only and enters into a 99-year CLT Ground
Lease with CHDO. The CLT Ground Lease contains provisions that require the
housing to be used as the buyer’s principal residence, and restricts resale to only Low-
Income buyers if Newtown does not exercise its Right of First Refusal and buy the
property. In addition, the CLT Ground Lease has a shared-appreciation provision
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Section III Work Statement
that limits the sale price of the housing and helps ensure affordability for future
buyers. A Memorandum of Ground Lease and Right of First Refusal are recorded. A
“Performance” Deed of Trust is also recorded with the CHDO as the beneficiary;
this ensures the CHDO is notified in the event the owner of the improvements
attempts to refinance or transfer the property.
13.2.2 Declaration of Affirmative Land Use Restrictions. Upon sale to an eligible buyer, a
Declaration of Affirmative Land Use Restrictions is executed between the
Administrator and CHDO and recorded against the land to secure the Period of
Affordability as required by HUD. The Period of Affordability is based on the total
amount of HOME funds invested in the housing.
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CHDO Agreement with Newtown CDC and the City of Tempe

SECTION IV
COMPENSATION
MARICOPA COUNTY
HUMAN SERVICES DEPARTMENT
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CHDO Agreement with Newtown CDC and the City of Tempe

Section IV Compensation
1.0 COMPENSATION
1.1 CHDO and the Administrator shall be reimbursed utilizing 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).
1.2 Subject to the availability and authorization of funds for the explicit purposes set forth below,
County will pay the CHDO and the Administrator compensation for services rendered as
indicated in the following subsections.
2.0 METHOD OF PAYMENT
2.1 The CHDO and the Administrator agree to submit reimbursement requests utilizing the
approved Reimbursement Request Form (See Sample) to County. CHDO and the
Administrator may request funds only after the CHDO and the Administrator have satisfied
the funding contingencies and federal Environmental Review conditions and have a written
agreement in place for Project activities. Request for reimbursement must be made using the
request for payment incorporated in this Agreement.
2.2 The CHDO and the Administrator 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. Program income must be disbursed before the
CHDO and the Administrator requests funds from the County.
2.3 County agrees to reimburse the CHDO and the Administrator for actual allowable costs
incurred, upon certification of HUD Environmental Release of Funds and submittal by
CHDO and the Administrator of an itemized statement of actual expenditures incurred,
supported by appropriate documentation. Reimbursement by County is not to be construed
as final in the event that HUD disallows reimbursement for the Program or any portion
thereof.
2.4 County agrees to reimburse CHDO and the Administrator for actual allowable costs incurred,
upon certification of HUD Environmental Release of Funds and submittal by CHDO and the
Administrator of an itemized statement of actual expenditures incurred, supported by
appropriate documentation. Reimbursement by County is not to be construed as final in the
event that HUD disallows reimbursement for the Program or any portion thereof.
2.5 The County shall reimburse the CHDO and the Administrator on a Net 0 payment standard.
3.0 TIMELINESS
The CHDO and the Administrator must seek reimbursement of expenditures within the same fiscal
year in which the expenditures are incurred. The fiscal year runs July 1 through June 30 and all Requests
for Reimbursement shall be submitted no later than July 10th for the preceding fiscal year.
4.0 FINAL REIMBURSEMENT UPON AGREEMENT TERMINATION
4.1 Upon termination of this Agreement at the date identified on page 1 of this agreement, or as
may be amended, the CHDO and the Administrator shall submit the final reimbursement
request.
4.1.1 This request shall be submitted no later than 30 days after the termination date except
as noted immediately below.
4.1.2 If the termination date is between June 10 and June 30, the final reimbursement
request shall be submitted by July 10.
4.1.3 The final progress report, and any other required reports that may be applicable such
as the Project proceeds report shall be submitted with the final reimbursement
request.
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CHDO Agreement with Newtown CDC and the City of Tempe

SECTION V
ATTACHMENTS & FORMS
MARICOPA COUNTY
HUMAN SERVICES DEPARTMENT
Maricopa County Human Services Department Page 42
CHDO Agreement with Newtown CDC and The City of Tempe

Section V Attachments & Forms
Attachment A
CHDO AND THE ADMINISTRATOR HOME CERTIFICATIONS
In accordance with the provisions of the HOME Investment Partnerships Act and with 24 CFR § 92.150 of
the HOME Investment Partnerships Program Rule, the CHDO and the Administrator certify that:
(A) Before committing any funds to an activity, the CHDO and the Administrator will evaluate the activity
in accordance with 24 CFR § 92.504 and the guidelines that it adopts for this purpose and complete all
assessments required by the rules, including, but not limited to:
1. Complete all income determinations, underwriting and subsidy layering guidelines,
rehabilitation standards, refinancing guideline, homebuyer program policies (if applicable) and
affordability requirements;
2. Complete a timely environmental review;
3. Complete an underwriting review; assess developer capacity, fiscal soundness and
neighborhood market conditions; and,
4. The CHDO and the Administrator will not invest any more HOME funds in combination
with other Federal assistance than is necessary to provide affordable housing.
(B) The CHDO and the Administrator shall affirmatively further fair housing, which means it shall take
appropriate actions to overcome the effects of any impediments identified in the County’s “Analysis
of Impediments to Fair Housing Choice.” The CHDO and the Administrator shall maintain records
reflecting any actions taken in regard to fair housing.
(C) The CHDO and the Administrator will only utilize HOME funds to pay for eligible activities and costs
of those activities permitted in 24 CFR § 92.300 and not specifically prohibited under 24 CFR § 92.214
(Prohibited Activities and Fees).
(D) The submission of the program description is authorized under State and local law (as applicable), and
that the CHDO and the Administrator possesses the legal authority to carry out the Home Investment
Partnerships (HOME) Program, in accordance with the HOME regulations.
(E) The CHDO and the Administrator will comply with the acquisition and relocation requirements of the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended,
implementing regulations and the requirements of 24 CFR § 92.353; and 49 CFR § 24; and it has in
effect and is following 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 under the HOME programs.
(F) The CHDO and the Administrator will use HOME funds pursuant to the Five Year Consolidated Plan
approved by the HUD and all requirements of 24 CFR § 92.
(G) The CHDO and the Administrator shall comply with Section 3 of the Housing and Urban
Development Act of 1968, and implementing regulations at 24 CFR § 135.
(H) The CHDO and the Administrator will provide a drug-free workplace by:
1. Publishing a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the grantee's
workplace and specifying the actions that will be taken against employees for violation of such
prohibition;
2. Establishing an ongoing drug-free awareness program to inform employees about:
i. The dangers of drug abuse in the workplace;
ii. The participating jurisdiction's policy of maintaining a drug-free workplace;
iii. Any available drug counseling, rehabilitation, and employee assistance programs; and
iv. The penalties that may be imposed upon employees for drug abuse violations occurring
in the workplace;
3. Making it a requirement that each employee to be engaged in the performance of the grant be
given a copy of the statement required by paragraph 1;
4. Notifying the employee in the statement required by paragraph 1 that, as a condition of
employment under the grant, the employee will:
i. Abide by the terms of the statement; and
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Section V Attachments & Forms
ii. Notify the employee in writing of his or her conviction for a violation of a criminal drug
statute occurring in the workplace no later than five (5) calendar days after such
conviction;
5. Notifying the County in writing, within ten (10) calendar days after receiving notice under
paragraph (4)(ii) from an employee or otherwise receiving actual notice of such conviction.
Employers of convicted employees must provide notice, including position title, to every grant
officer or other designee on whose grant activity the convicted employee was working, unless
the Federal agency has designated a central point for the receipt of such notices. Notice shall
include the identification number(s) of each affected grant.
6. Taking one of the following actions, within 30 calendar days of receiving notice under
paragraph (4)(ii), with respect to any employee who is so convicted.
i. Taking appropriate personnel action against such an employee, up to and including
termination, consistent with the requirements of the Rehabilitation Act of 1973, as
amended; or
ii. Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a Federal State, or local health, law
enforcement, or other appropriate agency.
7. Making a good faith effort to continue to maintain a drug-free workplace through
implementation of paragraphs 1, 2, 3, 4, 5, and 6.
(I) To the best of all Parties knowledge and belief:
4.2 No Federal appropriated funds have been paid or will be paid, by or on behalf of the County,
to any person for influencing or attempting to influence an officer or employee of any agency,
a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or modification
of any Federal grant, loan, or cooperative agreement;
4.3 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 this Federal grant, loan, or cooperative agreement, the CHDO
and the Administrator will complete and submit Standard Form-LLL, "Disclosure of
Lobbying Activities," in accordance with its instructions; and,
4.4 The CHDO and the Administrator will require that the language of paragraph (F) of this
certification 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 Vendors shall certify and disclose accordingly.
(J) The CHDO and the Administrator shall, upon proper notice or with knowledge obtained by itself or
others, take any and all proactive actions necessary, and provide any and all applicable remedies to
address and correct any act by itself, its employees, officials, successors, assigns, CHDOs, or vendors
that resulted in any wrongdoing (intentional or unintentional); misuse or misappropriation of funds;
the incorrect or improper disposition of funds; any violation of any federal, state, or local law, rule, or
regulation; or the breach of any certification or warranty provided in this Agreement.
Signature (CHDO Representative) Date
Printed/Typed Name Executive Director/ Title
Signature (Administrator Representative) Date
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Section V Attachments & Forms
APPENDIX TO CERTIFICATIONS
INSTRUCTIONS CONCERNING LOBBYING AND DRUG-FREE WORKPLACE REQUIREMENTS:
A. Lobbying Certification
This certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into. Submission of this certification is a prerequisite for making or entering into this
Agreement and is imposed by 31 U.S.C. § 1352 (limitation on use of appropriated funds to influence certain
federal contracting and financial transactions). Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
B. Drug-Free Workplace Certification
1. By signing and submitting this application or Agreement, the CHDO is providing the certification.
2. The certification is a material representation of fact upon which reliance is placed when the agency
awards the grant. If it is later determined that the CHDO knowingly rendered a false certification, or
otherwise violated the requirements of the Drug-Free Workplace Act, in addition to any other
remedies, HUD may take action authorized under the Drug-Free Workplace Act.
3. Workplaces under grants, for grantees other than individuals, need not be identified on the
certification. If known, they may be identified in the grant application. If the CHDO does not identify
the workplaces at the time of application, or upon award, if there is no application, the CHDO must
keep the identity of the workplace(s) on file in its office and make the information available for federal
inspection. Failure to identify all known workplaces constitutes a violation of the CHDO’s drug-free
workplace requirements.
4. Workplace identifications must include the actual address of buildings (or parts of buildings), or other
sites where work under the grant takes place. Categorical descriptions may be used (e.g., all vehicles of
a mass transit authority or State highway department while in operation, or State employees in each
local unemployment office, performers in concert halls or radio stations).
5. If the workplace identified to the agency changes during the performance of the grant, the CHDO
shall inform HUD of the change(s), if it previously identified the workplaces in question (see paragraph
three).
6. The CHDO may insert in the space provided below the site(s) for the performance of work done in
connection with the specific grant:
Place of Performance: Tempe, Arizona
Check if there are workplaces on file that are not identified here.
C. The certification with regard to the drug-free workplace is required by 24 CFR Part 24, subpart F.
1. Definitions of terms in the Non-procurement Suspension and Debarment common rule and Drug-
Free Workplace common rule apply to this certification. The CHDO’s and the Administrator’s
attention is called, in particular, to the following definitions from these rules:
2. "Controlled substance" means a controlled substance in Schedules I through V of the Controlled
Substances Act (21 U.S.C. 812) and as further defined by regulation (21 CFR 1308.11 through 1308.15);
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Section V Attachments & Forms
3. "Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence,
or both, by any judicial body charged with the responsibility to determine violations of the federal or
State criminal drug statutes;
4. "Criminal drug statute" means a federal or non-federal criminal statute involving the manufacture,
distribution, dispensing, use, or possession of any controlled substance;
5. "Employee" means the employee of a grantee directly engaged in the performance of work under a
grant, including: (i) All "direct charge" employees; (ii) all "indirect charge" employees unless their
impact or involvement is insignificant to the performance of the grant; and (iii) temporary personnel
and consultants who are directly engaged in the performance of work under the grant and who are on
the grantee's payroll. This definition does not include workers not on the payroll of the grantee (e.g.,
volunteers, even if used to meet a matching requirement; consultants or independent contractors not
on the grantee's payroll; or employees of CHDOs or vendors in covered workplaces).
Maricopa County Human Services Department Page 46 of 50
CHDO Agreement with Newtown CDC and the City of Tempe

Section V Attachments & Forms
Attachment B
Request for Reimbursement Form- Page 1
Maricopa County Human Services Department Page 47 of 50
CHDO Agreement with Newtown CDC and the City of Tempe

Section V Attachments & Forms
Maricopa County Human Services Department Page 48 of 50
CHDO Agreement with Newtown CDC and the City of Tempe

Section V Attachments & Forms
Attachment C
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 May 9, 2019.
Bedroom Size Maximum HOME per unit subsidy limit
0 Bedroom $149,868
1 Bedroom $171,802
2 Bedrooms $208,913
3 Bedrooms $270,266
4 Bedrooms $296,666
5 Bedrooms $296,666
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)
CHDOs 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 that does
not exceed $280,000 as of July 1, 2019.
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 www.hsd.maricopa.gov or HUD’s website for the updated versions each year
Maricopa County Human Services Department Page 49 of 50
CHDO Agreement with Newtown CDC and the City of Tempe

Section V Attachments & Forms
Attachment D
HOME Funds Match Certification
Maricopa County Human Services Department Page 50 of 50
CHDO Agreement with Newtown CDC and the City of Tempe