AGREEMENT WITH REBUILDING TOGETHER CDBG ACTIVITIES_.PDF
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SUBRECIPIENT AGREEMENT FOR SERVICES BETWEEN MARICOPA COUNTY ADMINISTERED BY ITS HUMAN SERVICES DEPARTMENT AND REBUILDING TOGETHER - VALLEY OF THE SUN, LLC. Contract Amount: $25,000 Contract Start Date: September 19, 2018 Contract Termination Date: June 30, 2020 Contract Number: Program Number: DG1807 CFDA Number: 14.218- Community Development Block Grant DUNS #:958318032 This Subrecipient Agreement (“Agreement”) is entered into by and between Rebuilding Together - Valley of the Sun, LLC., a community based nonprofit organization (hereinafter referred to as the “Subrecipient”), and Maricopa County, administered by its Human Services Department, (hereinafter referred to as the “County”). The Subrecipient and County are collectively referred to herein as the “Parties” and individually as a “Party.” The Subrecipient, for and in consideration of the covenants and conditions set forth in this Agreement, shall provide and perform the services 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 Section II – Special Provisions Section III – Work Statement Section IV – Compensation Section V – Attachments Subrecipient Representative: Kelly Watson Phone: 480-774-0237 Executive Director Email: kelly@rtvos.org Address: 1800 W Broadway, #4 Tempe, AZ 86282 Maricopa County Representative: Rachel Milne Phone: (602) 372-1528 Assistant Director Email: rachel.milne@maricopa.gov Address: 234 N. Central Avenue, 3rd Floor Phoenix, AZ 85004 Notice under this Agreement shall be given by personal delivery or by registered or certified mail, postage prepaid and return receipt requested, to the persons at the addresses set forth above and shall be effective three (3) days after being mailed unless otherwise indicated in the notice. 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, County, or the Subrecipient in any state or federal court of appropriate jurisdiction. Page 1 of 48 Maricopa County Human Services Department Rebuilding Together - Valley of the Sun – Safe At Home Program, DG1807 IN WITNESS THEREOF, the Parties have signed this Agreement: Approved By: Approved By: SUBRECIPIENT MARICOPA COUNTY Authorized Signature Chairman, Board of Supervisors Date Date Attested to: Fran McCarroll, Clerk, Board of Supervisors Date IN ACCORDANCE WITH A.R.S. §§ 11-201, 11.251 & 11-952, THIS AGREEMENT HAS BEEN REVIEWED BY THE UNDERSIGNED ATTORNEYS AND HAVE DETERMINED THAT THIS AGREEMENT IS PROPER IN FORM AND WITHIN THE POWER AND AUTHORITY GRANTED UNDER THE LAWS OF THE STATE OF ARIZONA. APPROVED AS TO FORM: APPROVED AS TO FORM: Attorney for the Subrecipient Date Deputy County Attorney Date Page 2 of 48 Maricopa County Human Services Department Rebuilding Together - Valley of the Sun – Safe At Home Program, DG1807 SECTION I GENERAL PROVISIONS Maricopa County Human Services Department Page 3 of 48 Maricopa County Human Services Department Rebuilding Together - Valley of the Sun – Safe At Home Program, DG1807 SECTION I GENERAL PROVISIONS A. PURPOSE County shall provide Subrecipient with U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) funds for the provision of CDBG activities as identified in Section III Work Statement. B. TERM Upon approval by both parties, the Agreement shall commence and terminate on the dates listed on the page one of this Agreement. The Agreement shall become effective upon approval and signature by both Parties. C. RENEWAL The Agreement may be renewed by a written amendment, provided however, that Subrecipient is in full compliance with all terms and conditions of this Agreement. The County shall notify the Subrecipient in writing of its intent to extend the Agreement term at least thirty (30) calendar days prior to the expiration of the original contract term, or any additional terms thereafter. D. AMENDMENTS All Amendments to this Agreement shall be in writing and signed by authorized signers for both Parties. E. TERMINATION 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 Agreement, if any person significantly involved in initiating, negotiating, securing, drafting or creating the Agreement on behalf of the Party is at any time while the Agreement or any extension of the Agreement is in effect, an employee or agent of any other Party to 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 Party may recoup any fee or commission paid or due to any person significantly involved in initiating, negotiating, securing, drafting or creating the Agreement on behalf of the Party from any other Party to the Agreement arising as the result of the Agreement 2. Either Party may terminate this Agreement at any time by giving the other Party at least sixty (60) calendar days prior notice in writing (unless terminated by the Board of Supervisors under the Availability of Funds provision). The notice shall be given in accordance with the notice provisions set forth on page one of this Agreement. 3. This Agreement may be terminated by mutual written agreement of the Parties specifying the termination date therein. 4. The County has the right to terminate this Agreement upon twenty-four (24) hour notice when the County deems the health or welfare of the service recipients are endangered or Subrecipient’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 of this Agreement. 5. In accordance with 2 CFR § 200, et seq., County may suspend or terminate this Agreement if Subrecipient violates any term or condition of this Agreement or if Subrecipient fails to maintain a good faith effort to carry out the purpose of this Agreement. 6. County or Subrecipient may terminate this Agreement for convenience in accordance with 2 CFR § 200, et seq. Both Parties shall agree upon the termination conditions including the effective date of the termination. The Party initiating the termination shall notify the other Party in writing stating the reasons for such termination. Page 4 of 48 Maricopa County Human Services Department Rebuilding Together - Valley of the Sun – Safe At Home Program, DG1807 SECTION I GENERAL PROVISIONS F. 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. G. DEFINITIONS As used throughout this Agreement, the following terms shall have the following meanings: 1. Administrative Manual means the Community Development Advisory Committee Policy Manual, September 20, 2017, as may be revised, for the administration of CDBG grants. 2. Assistant Director means the Director of the Housing and Community Development Division within the Human Services Department. 3. CDAC means the Community Development Advisory Committee. 4. Department means the Maricopa County Human Services Department. 5. Director means the Director of the Maricopa County Human Services Department. 6. Division means Housing and Community Development Division of the Human Services Department. 7. HOME means HOME Investment Partnership Program. 8. 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. 9. Juvenile means any person under the age of eighteen (18). 10. Project Coordinator means the liaison between the Department and the Subrecipient that is responsible for Agreement monitoring and technical assistance. 11. Public Agency has the meaning prescribed by A.R.S. § 11-951. 12. Subcontract means any Agreement entered into by a Subrecipient with a third party for performance of any of the work or provision of any of the services covered by this Agreement. 13. Subcontractor means an entity funded through the Subrecipient to provide services required by the Work Statement. 14. Women’s Business Enterprise (WBE) means an entity in which a woman has majority ownership and control. H. GENERAL REQUIREMENTS 1. The terms of this Agreement shall be construed in accordance with Arizona law and the applicable laws and regulations of the United State Department of Housing and Urban Development (HUD). Any lawsuit arising out of this Agreement shall be brought in the appropriate court in Maricopa County, Arizona. 2. The Subrecipient shall, without limitation, obtain and maintain all licenses, permits and authority necessary to do business, render services and perform work under this Agreement, and shall comply with all laws regarding unemployment insurance, disability insurance and worker's compensation. 3. The Subrecipient is an independent contractor in the performance of work and the provision of services under this Agreement and is not to be considered an officer, employee or agent of the County. 4. Subrecipient shall comply with the regulations prohibiting a conflict of interest. Subrecipient shall not make any payments, either directly or indirectly, to any person, partnership, corporation, trust or other organization that has a substantial interest in the Subrecipient's organization or with which Subrecipient (or one of its directors, officers, owners, trust certificate holders or a Page 5 of 48 Maricopa County Human Services Department Rebuilding Together - Valley of the Sun – Safe At Home Program, DG1807 SECTION I GENERAL PROVISIONS relative thereof) has a substantial interest, unless Subrecipient has made full written disclosure of the proposed payments to the County and has received written approval therefore. 5. For purposes of this provision, the terms "substantial interest" and "relative" shall have the meanings prescribed by A.R.S. § 38-502. I. ACCEPTANCE OF FUNDS Subrecipient hereby accepts the award of funds under the terms of this Agreement and agrees to execute and return this Agreement to the County within 30 days of receipt unless Subrecipient receives a written waiver of this requirement by the County. J. 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. Subrecipient shall bear all liability under this Agreement, even if it is assigned, delegated or subcontracted, in whole or in part, unless the County agrees otherwise. K. AVAILABILITY OF FUNDS 1. The provisions of this Agreement relating to the payment for services shall become effective when funds assigned for the purpose of compensating the Subrecipient, as provided 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 Subrecipient fully informed as to the availability of funds. 2. If any action is taken by any federal, state, local agency or any other agency or instrumentality to suspend, decrease or terminate its fiscal obligation under, or in connection with this Agreement, the Parties may amend, suspend, decrease or terminate its obligations under or in connection with this Agreement. In the event of termination, the Parties shall be liable for payment only for services rendered prior to the effective date of the termination, provided that such services performed are in accordance with the provisions of this Agreement. The Parties shall give written notice of the effective date of any suspension, amendment, or termination under this section at least ten (10) calendar days in advance. L. BUDGET ADJUSTMENTS Subrecipient 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 written Change Order signed by the County and the Subrecipient’s Representative. Requests for adjustments to this Agreement must be supported by appropriate documentation. Any requests for reasonable budget adjustments must be submitted ninety (90) days prior to the expiration of this Agreement. If the County agrees to the budget adjustments, the County shall follow section D of this Agreement to amend this Agreement. M. DISPUTES 1. Except as may otherwise be provided for in this Agreement, the Parties may attempt to informally resolve any dispute arising out of this Agreement for a reasonable period of time, which shall not exceed one hundred twenty (120) days. Disputes which are not resolved in that time period, shall be submitted in accordance with the following formal dispute resolution process. 2. If a dispute cannot be resolved informally, the Subrecipient shall notify the Department in writing by mailing notice of the dispute to the Assistant Director within ten (10) working days from expiration of the informal dispute resolution process described in paragraph 1 above. The Assistant Director, as applicable, shall respond in writing to the Subrecipient within fourteen (14) working days of receipt of the Subrecipient’s written notice. The decision of the Assistant Director shall be final and conclusive unless, within seven (7) working days from the date the Page 6 of 48 Maricopa County Human Services Department Rebuilding Together - Valley of the Sun – Safe At Home Program, DG1807 SECTION I GENERAL PROVISIONS Subrecipient receives the decision, Subrecipient files a written notice of appeal with the Department’s Director who shall provide the Subrecipient with a written response within fourteen (14) working days following receipt of the Subrecipient’s notice of appeal. The decision of the Director shall be final. 3. Pending a final decision of the Director, the Subrecipient shall proceed diligently with the performance of this Agreement in accordance with the Assistant Director’s decision. N. DEFAULT AND REMEDIES FOR NONCOMPLIANCE 1. Notwithstanding anything to contrary, this Section shall not be deleted or superseded by any other provision of this Agreement. 2. This Agreement may be immediately terminated by the County if the Subrecipient defaults by failing to perform any objective or breaches any obligation under this Agreement, or any event occurs that jeopardizes the Subrecipient’s ability to perform any of its obligations under this Agreement. The County reserves the right to have service provided by persons other than the Subrecipient if the Subrecipient is unable or fails to provide required services within the specified time frame in the work statement. 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: a. Non-performance of any obligations required by this Agreement. b. Non-compliance with any applicable federal, state, or local laws, rules or regulations, including HUD guidelines, policies, or directives. c. Unauthorized expenditure of funds. d. Improper disposition of program income. e. Non-compliance with applicable financial record requirements, accounting principles, or standards established by OMB circulars and 2 CFR §200 et seq. f. Non-compliance with recordkeeping, record retention, or reporting requirements. 4. Notwithstanding the suspension or termination of this Agreement, or the final determination of the proper disposition of funds, Subrecipient shall, without intent to limit or with restrictions, be subject to the following: a. 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. b. Not be relieved of any liability or responsibility associated with the Special Provision or Work Statement. c. Acknowledge that suspension or termination of this Agreement does not affect or terminate any rights against the Subrecipient at the time of suspension or termination, or that may accrue later. Nothing herein shall be construed to limit or terminate any right or remedy available under Agreement or rule. d. 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. 5. The Subrecipient shall, upon notice or with knowledge obtained by itself or others, take any and all proactive actions necessary, and provide any and all applicable remedies to address and correct any act by itself, 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. Page 7 of 48 Maricopa County Human Services Department Rebuilding Together - Valley of the Sun – Safe At Home Program, DG1807 SECTION I GENERAL PROVISIONS O. 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. P. STRICT COMPLIANCE The County’s acceptance of Subrecipient’s performance that is not in strict compliance with the terms hereof shall not be deemed to waive the requirements of strict compliance for all future performance. All changes in performance obligations under this Agreement shall be in writing and signed by both Parties. Q. SINGLE AUDIT ACT REQUIREMENTS If the Subrecipient receives $750,000 in federal funds, the Subrecipient is subject to the federal audit requirements of the Single Audit Act of 1984, as amended (Pub. L. No. 98-502) (codified at 31 U.S.C. §§ 7501, et seq.). Subrecipient shall comply with 2 CFR § 200 Subpart F. 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. Subrecipient 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 Subrecipient is noncompliant with the audit requirements. R. AUDIT DISALLOWANCES 1. The Subrecipient 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. 2. If the County determines that a cost for which payment has been made is a disallowed cost, the County will notify the Subrecipient in writing of the disallowance and the required course of action, which shall be at the option of the County, either to adjust any future claim submitted by the Subrecipient by the amount of the disallowance or to require immediate repayment of the disallowed amount by the Subrecipient issuing a check payable to the County. S. COMPETITIVE BID REQUIREMENTS 1. Equipment If this Agreement is with other than a Public Agency, the Subrecipient 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: a. Procurements in excess of $300, but less than $1,000, require oral price quotations from two or more vendors. The Subrecipient shall keep and maintain a record of the vendors’ verbal quotations. The Subrecipient’s award shall be made to the lowest bidder meeting specification requirements concerning price, conformity to specifications, and other purchasing factors. b. Procurements exceeding an aggregate amount of $1,000 must be approved by the Assistant Director. At least three (3) bidders shall be solicited to submit written quotations. The Subrecipient 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. 2. Supplies If this Agreement is with other than a Public Agency, the Subrecipient 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 Page 8 of 48 Maricopa County Human Services Department Rebuilding Together - Valley of the Sun – Safe At Home Program, DG1807 SECTION I GENERAL PROVISIONS expected to be greater than $300, unless the Subrecipient obtains the Assistant Director prior written approval to purchase supplies by an alternate method. 3. Minority, Women and Small Business Enterprises The Subrecipient 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. 4. Bidding Procedures If the Subrecipient is a Public Agency, the Subrecipient's own bidding procedures shall govern. 5. Procedures May Be Superseded Funding source requirements relating to competitive bid procedures may supersede any or all subparts of this clause and will be specified in the Special Provisions Section of this Agreement. T. 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 Subrecipient within the limits budgeted herein. Repair costs beyond the budgeted amount shall be approved by the Department. U. NON-LIABILITY The County, its officers, representatives, agents and employees shall not be liable for any act or omission by the Subrecipient or their contractor, or any officer, representative, agent or employee of the Subrecipient, or their contractor occurring in the performance of this Agreement, nor shall these entities be liable for purchases or Agreements made by the Subrecipient or their contractor, or any officer, representative, agent and employee of the Subrecipient or their contractor in connection with this Agreement. V. INDEMNIFICATION To the extent permitted by law, the Subrecipient shall, and shall cause any of its Subcontractors to, indemnify, defend save and hold harmless the Maricopa 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 Subrecipient and any of its Subcontractors, or any of the directors, officers, agents, or employees of Subrecipient and any of its Subrecipients. 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 Subrecipient 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 Subrecipient and any of its Subcontractors from and against any and all claims. It is agreed that the Subrecipient and any of its Subcontractors will be responsible for primary loss investigation, defense and judgment costs where this indemnification is applicable. W. INSURANCE 1. Subrecipient, shall and shall cause any of its Subcontractors to purchase and maintain the herein stipulated minimum insurance from a company or companies duly licensed by the State of Arizona and 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 Page 9 of 48 Maricopa County Human Services Department Rebuilding Together - Valley of the Sun – Safe At Home Program, DG1807 SECTION I GENERAL PROVISIONS meet the approval of County. The form of any insurance policies and forms must be acceptable to County. 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. 3. Subrecipient’s insurance shall be primary insurance as respects County, and any insurance or self-insurance maintained by County shall not contribute to it. 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. 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. Subrecipient shall be solely responsible for the deductible and/or self-insured retention and County, at its option, may require Subrecipient to secure payment of such deductibles or self-insured retentions by a surety bond or an irrevocable and unconditional letter of credit. 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 Subrecipient of any deficiencies in such policies and endorsements, and such receipt shall not relieve Subrecipient from, or be deemed a waiver of County’s right to insist on strict fulfillment of Subrecipient’s obligations under this Agreement. 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. 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 Subrecipient’s work or service. 9. The Subrecipient's policies shall stipulate that the insurance afforded the Subrecipient shall be primary insurance and that any insurance carried by the County, its agents, officials, employees or the State of Arizona shall be excess and not contributory insurance, as provided by A.R.S. § 41-621 (E). 10. Coverage provided by the Subrecipient shall not be limited to the liability assumed under the indemnification provisions of this Agreement. 11. Commercial General Liability: a. Commercial General Liability insurance and, if necessary, Commercial Umbrella insurance with a limit of not less than $2,000,000 for each occurrence, $2,000,000 Products/Completed Operations Aggregate, and $4,000,000 General Aggregate Limit. The policy shall include coverage for premises liability, bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage, and shall not contain any provisions which would serve to limit third party action over claims. There shall be no endorsement or modifications of the CGL limiting the scope of coverage for liability arising from explosion, collapse, or underground property damage. 12. Workers’ Compensation: a. Workers’ Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Subrecipient’s employees engaged in the performance of the work or services under this Agreement; and Employer’s Liability insurance of not less than $1,000,000 for each accident, $1,000,000 disease for each employee, and $1,000,000 disease policy limit. Page 10 of 48 Maricopa County Human Services Department Rebuilding Together - Valley of the Sun – Safe At Home Program, DG1807 SECTION I GENERAL PROVISIONS b. Subrecipient waives all rights against County and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the Workers’ Compensation and Employer’s Liability or commercial umbrella liability insurance obtained by Subrecipient pursuant to this Agreement. 13. Sexual Molestation And Physical Abuse: a. When services involve working with children, elderly, or disabled individuals, the insurance requirements in the contract must include coverage for "sexual molestation and physical abuse". Coverage for this type of claim, or allegation, is excluded from standard general liability policies. Therefore, Subrecipients whose services include working with and/or caring for children/elderly and disabled persons should have their policies specifically endorsed to include this coverage. 14. Commercial General Liability – Occurrence Form: Policy shall include bodily injury, property damage and broad form contractual liability coverage. 15. The policy shall be endorsed to include coverage for physical/sexual abuse and molestation. 16. The policy shall be endorsed to include the following additional insured language: "(Maricopa County), its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers shall be named as additional insureds with respect to liability arising out of the activities performed by, or on behalf of the Contractor". Minimum Limits: General Aggregate $4,000,000 Each Occurrence Limit $2,000,000 Sexual Abuse/Molestation $2,000,000 17. Builder’s Risk (Property) Insurance. Subrecipients shall and shall cause any of its Subcontractors to purchase and maintain, on a replacement cost basis, Builders’ Risk insurance and, if necessary, Commercial Umbrella insurance in the amount of the initial Agreement amount as well as subsequent modifications thereto for the entire work at the site. Such Builders’ Risk insurance shall be maintained until final payment has been made or until no person or entity other than County has an insurable interest in the property required to be covered, whichever is earlier. This insurance shall include interests of County, Subrecipient and all of Subrecipient’s subcontractors and sub‐ subcontractors in the work during the life of the Agreement and course of construction, and shall continue until the work is completed and accepted by County. For new construction projects, Subrecipient agrees to assume full responsibility for loss or damage to the work being performed and to the structures under construction. For renovation construction projects, Subrecipient agrees to assume responsibility for loss or damage to the work being performed at least up to the full Agreement amount, unless otherwise required by the Agreement documents or amendments thereto. a. Builders’ Risk insurance shall be on a special form and shall also cover false work and temporary buildings and shall insure against risk of direct physical loss or damage from external causes including debris removal, demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for architect’s service and expenses required as a result of such insured loss and other “soft costs” as required by the Agreement. b. Builders’ Risk insurance must provide coverage from the time any covered property comes under the Subrecipient’s control and/or responsibility, and continue without interruption during construction, renovation, or installation, including any time during which the covered property is being transported to the construction installation site, and while on the construction or installation site awaiting installation. The policy will provide coverage while the covered premises or any part thereof are occupied. Builders’ Page 11 of 48 Maricopa County Human Services Department Rebuilding Together - Valley of the Sun – Safe At Home Program, DG1807 SECTION I GENERAL PROVISIONS Risk insurance shall be primary and any insurance or self‐insurance maintained by the County is not contributory. c. If the Agreement requires testing of equipment or other similar operations, at the option of County, Subrecipient will be responsible for providing property insurance for these exposures under a Boiler Machinery insurance policy or the Builders’ Risk Insurance policy. 18. Certificates of Insurance: a. Upon execution of the Agreement, Subrecipient shall and shall cause any of its Subcontractors to furnish the County with valid and complete certificates of insurance, or formal endorsements as required by the Agreement, issued by Subrecipient’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. b. Prior to commencing work or services under this Agreement, Subrecipient shall have insurance in effect as required by the Agreement in the form provided by the County, issued by Subrecipient’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 SUBRECIPIENT AGREES TO THIS REQUIREMENT AND FAILURE TO MEET THIS REQUIREMENT WILL RESULT IN CANCELLATION OF AGREEMENT. c. 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 Subrecipient’s work or services and as evidenced by annual Certificates of Insurance. d. If a policy does expire during the life of the Agreement, a renewed Certificate of Insurance must be sent to the County forty-five (45) days prior to the expiration date. 19. Cancellation and Expiration Notice: a. Insurance required herein shall not be permitted to expire, be canceled, or materially changed without thirty (30) days prior written notice to the County. b. If the Subrecipient provides professional or semi-professional personal services under this Agreement for which malpractice or professional liability coverage is available, such as medical, psychiatric, or legal services, Subrecipient shall carry minimum liability coverage of $2,000,000 each occurrence and provide the County with proof of coverage. 20. Subcontractors: Subrecipient’s certificate(s) shall include all subcontractors as insureds under its policies or Subrecipient shall furnish to the County separate certificates for each subcontractor. All coverages for Subcontractors shall be subject to the minimum requirements identified above. 21. 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. 22. Exceptions: In the event the Subrecipient is a public entity, then the Insurance Requirements shall not apply. Such public entity shall provide a Certificate of Self-Insurance or a Certificate of Proof of Pool Insurance. Nongovernmental Subcontractors of the Subrecipient shall comply with all insurance terms. X. TECHNICAL ASSISTANCE The County will provide reasonable technical assistance to the Subrecipient 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 Page 12 of 48 Maricopa County Human Services Department Rebuilding Together - Valley of the Sun – Safe At Home Program, DG1807 SECTION I GENERAL PROVISIONS assistance in no way relieves the Subrecipient of full responsibility and accountability for its actions and performance in compliance with the terms of this Agreement. Y. STAFF AND VOLUNTEER TRAINING The County may make available to the Subrecipient the opportunity to participate in any applicable training activities conducted by the County. Z. CLEAN AIR ACT If the total face value of this Agreement exceeds $100,000, the Subrecipient agrees to comply with all regulations, standards and orders issued pursuant to the Clean Air Act of 1970, as amended (42 U.S.C. §§ 7401, et seq.), to the extent any are applicable by reason of performance of this Agreement. AA. LOBBYING 1. No federal appropriated funds have been paid or will be paid by or on behalf of the Subrecipient to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal agreement, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal agreement, grant, loan, or cooperative agreement. 2. If any funds, other than federal appropriated funds, have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with any federal agreement, grant, loan or cooperative agreement, the Subrecipient shall complete and submit OMB Form-LLL, titled "Disclosure of Lobbying Activities," in accordance with its instructions and 31 U.S.C. § 1352. BB. RELIGIOUS ACTIVITIES The Subrecipient agrees that none of its costs and none of the costs incurred by any Subrecipient, contractor, or subcontractor will include any expense for any religious activity. CC. POLITICAL ACTIVITY PROHIBITED None of the funds, materials, property or services contributed by the County or the Subrecipient under this Agreement shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office. DD. COVENANT AGAINST CONTINGENT FEES The Subrecipient warrants that no person or entity has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage or contingent fee. For breach or violation of this warranty, the County may immediately terminate this Agreement without liability. EE. 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 conduct of this Agreement. Subrecipient and its agents shall safeguard the confidentiality of this information, as required by federal and state law. Subrecipient shall include a clause to this effect in all Subcontracts. FF. RIGHTS IN DATA The Parties shall have the use of data and reports resulting from this Agreement without cost or other restriction, except as otherwise provided by law or applicable regulation. Each Party shall supply to the Page 13 of 48 Maricopa County Human Services Department Rebuilding Together - Valley of the Sun – Safe At Home Program, DG1807 SECTION I GENERAL PROVISIONS other Party, upon request, any available information that is relevant to this Agreement and to the performance hereunder. GG. 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, or otherwise use and to authorize other to use, all copyrighted material and all material which can be copyrighted resulting from this Agreement. HH. AGREEMENT COMPLIANCE MONITORING The County will monitor the Subrecipient's compliance with, and performance under, the terms and conditions of this Agreement and the applicable federal regulations promulgated by HUD. On-site visits for compliance monitoring may be made by the County and/or its grantor agencies at any time during the Subrecipient's normal business hours, announced or unannounced. During an on-site visit, the Subrecipient shall make all of its records and accounts related to work performed or services provided under this Agreement available to the County for inspection and copying. II. CONTINGENCY RELATING TO OTHER AGREEMENTS AND GRANTS 1. The Subrecipient shall, during the term of this Agreement, immediately inform the Department in writing of the award of any other agreement or grant, including any other agreement or grant awarded by the County, where the award may affect either the direct or indirect costs being paid or reimbursed under this Agreement. Failure by the Subrecipient to notify the Department County of such award shall be considered a violation of this Agreement and the County may immediately terminate this Agreement without liability. 2. The Department may request, and the Subrecipient shall 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 the Department the award of the agreement or grant may affect the costs being paid or reimbursed under this Agreement. 3. If the Department determines that the award to the Subrecipient of such other agreement or grant has affected the costs being paid or reimbursed under this Agreement, the Department will prepare an amendment to this Agreement effecting a cost adjustment. If the Subrecipient disputes the proposed cost adjustment, the dispute shall be resolved pursuant to the "Disputes" section contained herein. JJ. MINIMUM WAGE REQUIREMENTS The Subrecipient warrants that it shall pay all its employees who are performing work or providing services under this Agreement not less than the minimum wage specified under Section 206(a)(1) of the Fair Labor Standards Act of 1938, as amended and as specified by Arizona law. KK. RECOGNITION OF COUNTY SUPPORT The Subrecipient shall give recognition to the County and the funding source for its support when the Subrecipient publishes materials or releases public information that is paid for in whole or in part with funds received by the Subrecipient under this Agreement. LL. GRIEVANCE PROCEDURE The Subrecipient shall establish a system through which applicants for, and recipients of, services may present grievances and may take appeals about eligibility and other aspects of the Subrecipient's work under this Agreement. The grievance procedure shall include provisions for notifying the applicants for, and recipients of, services of their eligibility or ineligibility for service and their right to appeal to the Department if the grievance is not satisfied at the Subrecipient's level. Page 14 of 48 Maricopa County Human Services Department Rebuilding Together - Valley of the Sun – Safe At Home Program, DG1807 SECTION I GENERAL PROVISIONS MM. NONDISCRIMINATION, EQUAL OPPORTUNITY AND EQUAL ACCESS 1. The Subrecipient shall comply with the requirements set forth in 24 CFR Part 5.105(a)(1), 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, familial status, marital status, sexual orientation, political affiliation or belief. The Subrecipient shall include this clause in all of its Subcontracts. 2. The Subrecipient shall comply with requirements of the Housing and Urban Development Equal Access Rule at 24 CFR Part 5.105(a)(2) and 24 CFR Part 5.106, Final Rule 5863, to ensure equal access to housing and services regardless of actual or perceived sexual orientation, gender identity, or marital status. NN. DISABILITY REQUIREMENTS Subrecipient 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. OO. EQUAL EMPLOYMENT OPPORTUNITY 1. Subrecipient shall not discriminate against any employee or applicant for employment because of race, age, disability, color, religion, sex, sexual identity, gender identity or national origin. Subrecipient shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, age, disability, color, religion, sex sexual identity, gender identity or national origin. Such action shall include, but is not limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, lay-off or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Subrecipient shall and shall cause its Subcontractors to comply with Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity", as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60) and to the extent required by regulation execute the Equal Opportunity Certification attached hereto and incorporated by reference. 2. Subrecipient shall and shall cause its Subcontractors to 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 2009-09, which mandates that all persons shall have equal access to employment opportunities, to the extent such provisions apply. PP. UNIFORM ADMINISTRATIVE REQUIREMENTS By entering into this Agreement, the Subrecipient agrees to comply with all applicable provisions of Title 2, Subtitle A, Chapter II, PART 200—UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS contained in Title 2 C.F.R. § 200, et seq. QQ. FINANCIAL MANAGEMENT The Subrecipient shall establish and maintain a separate, interest-bearing bank account for money provided under this Agreement, or an accounting system that assures the safeguarding and accountability of all money and assets provided under this Agreement. No part of the money deposited in the bank account shall be commingled with other funds or money belonging to the Subrecipient. All interest earned on the account shall be disposed of in a manner specified by the County in accordance with Page 15 of 48 Maricopa County Human Services Department Rebuilding Together - Valley of the Sun – Safe At Home Program, DG1807 SECTION I GENERAL PROVISIONS applicable State and federal regulations. The Subrecipient shall provide a signed bank account agreement authorizing the County to obtain information about the account. If an accounting system is used, it shall be in accord with generally accepted accounting principles. RR. RETENTION OF RECORDS 1. This provision applies to all financial and programmatic records, supporting document, statistical records and other records of the Subrecipient that are related to this Agreement. 2. The Subrecipient shall retain all records relevant to this Agreement for six (6) years after final payment or until after the resolution of any audit questions which could be more than six (6) years, whichever is longer, and the County, federal and State auditors and any other persons duly authorized by the County shall have full access to, and the right to examine, copy and make use of any and all of the records. SS. ADEQUACY OF RECORDS If the Subrecipient’s books, records and other documents related to this Agreement are not sufficient to support and document that allowable services were provided to eligible participants, the Subrecipient shall reimburse the County for the services not supported and documented. TT. IMMIGRATION LAWS AND REGULATIONS 1. Federal Immigration and Nationality Act a. 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. b. 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 County 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. c. 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 Subrecipient or its subcontractor. 2. Arizona Law: The Subrecipient warrants that it is in compliance with A.R.S. § 41-4401 (e- verify requirements) and further acknowledges: a. That Subrecipient and its Vendors, if any, warrant their compliance with all federal immigration laws and regulations that relate to their employees and their compliance with A.R.S. § 23-214; b. That a breach of a warranty under subsection 2 a above, shall be deemed a material breach of this Agreement and the County may immediately terminate this Agreement without liability; c. That the County and any contracting government entity retains the legal right to inspect the papers and employment records of any Subrecipient or Vendors employee who works on this Agreement to ensure that the Subrecipient or Vendors is complying with the warranty provided under subsection 2 a above and that the Subrecipient agrees to Page 16 of 48 Maricopa County Human Services Department Rebuilding Together - Valley of the Sun – Safe At Home Program, DG1807 SECTION I GENERAL PROVISIONS make all papers and employment records of said employee(s) available during normal working hours in order to facilitate such an inspection. UU. DRUG FREE WORKPLACE ACT The Subrecipient agrees to comply with the Drug-Free Workplace Act of 1988 (41 U.S.C. §§ 701, et seq.), which requires that Subrecipients and grantees of federal funds must certify that they will provide drug- free workplaces. This certification is a precondition to receiving a grant or entering into this Agreement. VV. EMPLOYMENT DISCLAIMER 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. 2. The Parties agree that no individual performing under this Agreement on behalf of the Subrecipient is to be considered a County employee, and that no rights of County civil service, County retirement, or County personnel rules shall accrue to such individual. The Subrecipient shall have total responsibility for all salaries, wages, bonuses, retirement, withholdings, workman's compensation, occupational disease compensation, unemployment compensation, other employee benefits, and all taxes and premiums appurtenant thereto concerning such individuals and shall save and hold the County harmless with respect thereto. 3. The County agrees that no individual performing under this Agreement on behalf of County may be considered a Subrecipient agent, employee, or representative and that no rights of Subrecipient civil service, Subrecipient retirement, or Subrecipient personnel rules shall accrue to or apply to any such individual. The County shall have total responsibility for all salaries, wages, bonuses, retirement, withholdings, workers’ compensation, occupational disease compensation, unemployment compensation, other employee benefits, and all taxes and premiums appurtenant thereto concerning such individuals and the County shall indemnify, defend and hold harmless the Subrecipient with respect thereto. WW. CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY AND VOLUNTARY EXCLUSION The undersigned by signing and submitting this Agreement has the authority to certify the Subrecipient to the terms, representations and/or warrants of this Certification. The Subrecipient, defined as the primary participant in accordance with 45 C.F.R. Part 76, certifies to the best of its knowledge and belief that it and its principals: 1. are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; 2. have not within a three-year period preceding this Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or Agreement under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. are not presently indicted or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (b) of this certification; and 4. have not within a three-year period preceding this Agreement had one or more public transactions (Federal, State, or local) terminated for cause or default. 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. Page 17 of 48 Maricopa County Human Services Department Rebuilding Together - Valley of the Sun – Safe At Home Program, DG1807 SECTION I GENERAL PROVISIONS 6. shall not enter into a subcontract or sub-recipient agreement with, or provide payment to a 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. 7. The Subrecipient shall include without modification this Certification’s language, entitled “Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion – Lower Tier Covered Transactions,” with all subgrantees or other contractors; in all lower tier covered transactions and in all solicitations for lower tier covered transactions in accordance with 45 C.F.R. Part 76. 8. Should the Subrecipient not be able to provide this Certification, an explanation as to why shall be immediately provided to the Department, Attention: Project Coordination at the address set forth on the page one of this Agreement. XX. SUBRECIPIENT EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS: 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 Subrecipient employee whistleblower protections established at 41 U.S.C. § 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112–239) and section 3.908 of the Federal Acquisition Regulation; 2. Subrecipient shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. § 4712, as described in section 3.908 of the Federal Acquisition Regulation. Documentation of such employee notification must be kept on file by Subrecipient and copies provided to County upon request; and 3. Subrecipient shall insert the substance of this clause, including this paragraph (3), in all subcontracts over the simplified acquisition threshold ($150,000 as of August 2017). YY. ISRAEL BOYCOTT: Per A.R.S. § 35-393, Subrecipient certifies that they are not currently engaged in, and agrees for the duration of the Agreement to not engage in, a boycott of Israel. Page 18 of 48 Maricopa County Human Services Department Rebuilding Together - Valley of the Sun – Safe At Home Program, DG1807 SECTION II SPECIAL PROVISIONS Maricopa County Human Services Page 19 of 48 Maricopa County Human Services Department Rebuilding Together - Valley of the Sun – Safe At Home Program, DG1807 SECTION II SPECIAL PROVISIONS A. STANDARDS The Subrecipient shall perform the work and provide the services as identified in the Work Statement and shall immediately notify the Department whenever the Subrecipient is unable to, or anticipates an inability to, perform any of the work, or provide any of the services required by the terms of this Agreement. The Subrecipient acknowledges that any inability to perform the work and provide the services, or comply with the standards set forth in this Agreement may subject the Subrecipient to the remedies provided in the Default and Remedies for Noncompliance established by the General Provisions. B. 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 Subrecipient shall ensure compliance, and the Subrecipient shall comply with all applicable laws, rules and regulations, without limitation to those designated within this Agreement. C. AUDIT REQUIREMENTS In accordance with A.R.S. § 11-624, the Subrecipient shall, at its own expense, file with the County by March 31st of each Agreement year, either: 1. Audited financial statements prepared in accordance with federal single audit requirements; or, 2. Financial statements of the CDBG program prepared in accordance with generally accepted accounting principles audited by an independent certified public accountant. D. PROGRAM INCOME 1. All income received from a CDBG Funded project shall be considered program income and subject to the requirements set forth in CDBG Program regulations. Program Income includes, but is not limited to: a. sales/lease return on investment; and b. payments of principal and interest on loans. 2. Program Income received by the Subrecipient shall be tracked and returned to the County as follows: a. program income shall be tracked by the Subrecipient and accounted for in a separate fund or account; b. documentation supporting the amount of program income received shall be submitted quarterly with the quarterly progress report; c. all program income shall be submitted at the end of each fiscal year, June 30th with a program income log that states program income received during the year. 3. Program income that is received after at the end of this Agreement shall be sent to the County in accordance with 24 CFR § 92.503 within 30 days of receipt. E. ADMINISTRATIVE REQUIREMENTS 1. Accounting Standards - The Subrecipient agrees to comply with this Agreement and to adhere to the accounting principles and procedures required to utilize adequate internal controls and maintain necessary source documentation for all costs incurred, as well as any applicable federal laws and regulations. The Subrecipient further agrees to maintain an adequate accounting system that provides for appropriate grant accounting (including calculation of program income). 2. Procurement - All procurement completed under this Agreement shall comply with the requirements at 2 CFR Part 200, Subpart D, Procurement Standards. The Subrecipient may utilize their own procurement system that meets or exceeds the requirements in 2 CFR 200 Subpart D. 3. Repayment of Funds - Subrecipient agrees to repay funds provided under this Agreement for noncompliance with the terms of this Agreement. Repayment shall be in accordance with the Page 20 of 48 Maricopa County Human Services Department Rebuilding Together - Valley of the Sun – Safe At Home Program, DG1807 SECTION II SPECIAL PROVISIONS terms of this Agreement or the requirement of applicable laws and regulations, including continuing use compliance. The County may specify in writing, the terms of the repayment or alternative terms in lieu of repayment however in no case shall repayment or alternative terms be accomplished later than sixty (60) days following the written determination of noncompliance by the County. 4. Documentation and Record Keeping - The Subrecipient agrees to comply with this Agreement and the following record keeping requirements: a. Records to be maintained - The Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR Part 570.506 that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to: i. Records providing a full description of each activity undertaken; ii. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program, including HUD required revisions that may be released after this Agreement has been executed; iii. Records required for determining the eligibility of activities; iv. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance (Properties retained shall continue to meet eligibility criteria and shall conform with the "changes in use" restrictions specified in 24 CFR Part 570.505, as applicable); v. Records which demonstrate citizen participation; vi. Records which demonstrate compliance regarding acquisitions, displacement, relocation and replacement housing; vii. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; viii. Financial records as required by 24 CFR Part 570.502, 2 CFR § 200, and OMB Circulars; ix. Other records necessary to document compliance with Subpart K of 24 CFR § 570; and x. Records documenting compliance with Section 3 of the Housing Development Act of 1968. b. DUNS Number and SAM Profile - All Subrecipients shall have a valid Dun and Bradstreet (DUNS) number and an active profile in the federal System for Award Management (SAM). i. To obtain a DUNS Number use this link: http://fedgov.dnb.com/webform. ii. For additional information on System For Award Management (SAM) and, DUNS use this link: https://www.sam.gov/sam/transcript/Quick_Guide_for_Grants_Registrat ions.pdf c. Housing - Records which demonstrate compliance with deeds of trust, promissory notes, and forgivable loans associated with owner occupied housing activities. d. Public Facilities - Records which demonstrate continuing ownership and eligible use of facility according to CDBG regulations. e. Outcome Measures – The Subrecipient shall maintain data that supports the accomplishment of the desired outcomes as indicated in the Work Statement. f. Records Retention - The Subrecipient shall retain all records pertinent to this Agreement for a period of six (6) years after all CDBG requirements have been met. In the event of litigation, a claim, or an audit is begun before the expiration of this retention period, said records shall be retained until all such action or audit findings involving the records have been resolved. Page 21 of 48 Maricopa County Human Services Department Rebuilding Together - Valley of the Sun – Safe At Home Program, DG1807 SECTION II SPECIAL PROVISIONS g. Disclosure - The Subrecipient understands that client information collected under this Agreement is private and the use or disclosure of such information, when not directly connected with the administration of the County's or Subrecipient's responsibilities with respect to services provided under this Agreement, is prohibited unless written consent is obtained from such person receiving service. h. Client Data - The Subrecipient shall maintain client data: i. Demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility ii. Required to meet reporting requirements including client race and ethnicity, and a description of the service(s) provided. i. Property Records - The Subrecipient shall maintain property and equipment inventory records that clearly identify properties and equipment purchased, improved or sold. Properties and equipment retained shall continue to meet eligibility criteria and shall conform to the use of property and equipment. j. Audits & Inspections - All Subrecipient records with respect to any matters covered by this Agreement shall be made available to the County, their designees or the Federal Government, at any time during normal business hours, as often as the County deems necessary, to audit, examine and make excerpts or transcripts of all relevant data. Any relevant deficiencies noted in audit reports must be addressed by the Subrecipient within 45 days after receipt by the Subrecipient. Failure of the Subrecipient to comply with the above audit requirements shall constitute a violation of this Agreement and may result in the withholding of future payments. k. The Subrecipient hereby agrees to have an Annual Audit conducted in accordance with Administrative Manual. The Annual Audit requirement is applicable regardless of the amount of funding received by Subrecipients via this Agreement. 5. Reporting a. Progress Reports - The Subrecipient shall be responsible to provide reports on all activities related the Scope of Work. The Subrecipient agrees to submit to the County Performance Reports: i. Monthly Progress and Program Income Reports in the form and content as required by the County. Reports shall be due on the 15th of the month, addressing activities of the proceeding month. If there has been no activity, the report needs to explain why. Failure to submit timely reports will result in suspension of payment for reimbursement requests until all reports are brought current. ii. Minority Business Enterprise / Women Business Enterprise (MBE/WBE) information; and iii. Other HUD-required reporting data as applicable shall be submitted. b. Continuing Use Requirements - If the activity is a public facility, the Subrecipient shall provide the County, on an annual basis, a Certificate of Use Statement certifying that the facility is being used to meet a national objective and eligible activity. c. Program Income - Subrecipient agrees to comply with the quarterly and annual program income reporting requirements of 24 CFR 570.504 and the Administrative Manual. Subrecipient shall report program income received and expended program income as defined in 24 CFR § 570.500 generated by activities carried out with CDBG funds made available under this Agreement. Documentation supporting the amount of program income received and expended shall be submitted with the reports required. Subrecipient shall account for program income and maintain a separate account for these funds. Program income shall be retained by the Subrecipient, and shall be used only for CDBG eligible activities as outlined in the HUD CDBG regulations and the Administrative Manual. Subrecipient further agrees that these Page 22 of 48 Maricopa County Human Services Department Rebuilding Together - Valley of the Sun – Safe At Home Program, DG1807 SECTION II SPECIAL PROVISIONS funds shall be utilized to pay for CDBG activities prior to requesting any reimbursement from County for any CDBG activities. 6. Performance Monitoring - The County shall monitor the Subrecipient to determine if CDBG funded activities are implemented and administered in accordance with this Agreement and all applicable federal requirements and gauge performance of the Subrecipient against goals and performance standards required herein. Subrecipient will prepare for monitoring and assure all required files and documentation are available at scheduled monitoring. Failure of Subrecipient to administer, implement and perform as determined by federal regulations and County policies shall constitute non-compliance with this Agreement and is subject to the Default and Remedies for Noncompliance provided in this Agreement. 7. Subcontracts a. Approvals - The Subrecipient shall not commit to any pre-contract costs or enter into any subcontract(s) with any agency or individual in the performance of this Agreement without the Release of Funds from the County. Execution of construction contracts may not occur until a letter stating the Subrecipient is not on the debarred list is received from the County. b. DUNS Number: All subcontractors shall have a valid DUNS number and an active profile in the federal System for Award Management (SAM). c. Selection Process - The Subrecipient shall insure that all subcontracts let in the performance of this Agreement be 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. d. Section 3 of the Housing and Urban Development Act of 1968 - The Subrecipient shall include the Section 3 clause in subcontracts, as required, and shall take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by HUD/County. The Subrecipient shall not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Section 135. e. Agreement Monitoring - The Subrecipient shall monitor/review all subcontracted services on a regular basis to assure Agreement compliance. Results of monitoring efforts shall be summarized in the Progress Reports and supported with documented evidence, if requested, of follow-up actions taken to correct areas of noncompliance. f. Noncompliance by Subcontractor(s) may lead to default of this Agreement and subject the Subrecipient to the Default and Remedies for Noncompliance provisions of this Agreement. F. POLICY/ADMINISTRATIVE MANUALS USE By executing this Agreement, the Subrecipient acknowledges receipt of and agrees to be familiar with and comply with the policies/procedures established in the most recent CDBG and CDAC Policy Manual, dated September 20, 2017, as may be revised. G. ENVIRONMENTAL CONDITIONS 1. The Subrecipient agrees 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 Title I of the Community Development Block Grant program pursuant thereto Title 24 CFR Part 58, Subpart A; and with all conditions required in the process of the environmental assessment. An Environmental Review Record (ERR) shall be completed before taking any physical action on a site or entering into Agreements. If federal funds are involved in an activity, neither federal nor non-federal funds may be expended or committed by Agreement (conditional or not) for activities related to this project including design work, until the County provides written authorization based on approval of an ERR. Page 23 of 48 Maricopa County Human Services Department Rebuilding Together - Valley of the Sun – Safe At Home Program, DG1807 SECTION II SPECIAL PROVISIONS 2. Air and Water - The Subrecipient agrees to comply with the following requirements insofar as they apply to the performance of this Agreement: a. Clean Air Act, 42 USC § 7401, et seq., as amended. b. Federal Water Pollution Control Act, as amended, 33 USC § 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports and information, as well as other requirements specified in said Section 114 and Section 308 and all regulations and guidelines issued thereunder. c. Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50, as amended. d. Subrecipient agrees to comply with conditions set forth by the Air Quality Department or other County agency, as required. 3. Flood Disaster Protection - In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC § 4001), the Subrecipient shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes. (In the case of housing, the homeowner must obtain and maintain flood insurance as a condition of funding, or funds may not be utilized.) 4. Historic Preservation - The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 USC § 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this Agreement. In general, this requires concurrence from the State Historic Preservation Office for all rehabilitation and demolition of historic properties that are fifty (50) years old or older, or that are listed or eligible for the National Register of Historic places, or included on any state or local historic property inventory or any archaeological findings. 5. Release Of Funds (ROF) - No funds may be encumbered prior to the completion of the Environmental Review. The Environmental Review Record (ERR) must be completed before any funds are obligated. Funding is also conditioned upon the completion of the ERR of every activity site by address. The responsibility for certifying the appropriate Environmental Review Record and ROF shall rest with the County. It is the responsibility of the Subrecipient to notify the County, and to refrain from making any commitments and expenditures on a site until a Release of Funds has been issued by the County. Failure to meet these conditions will mean that requested funds will not be disbursed. H. TIMELY IMPLEMENTATION Subrecipient agrees that timely implementation of the activity is essential. Subrecipient agrees that implementation of activities including design/development and/or construction shall commence not later than 90 days after the execution of this Agreement. If the 90-day commencement date is not met or whenever a Subrecipient’s implementation of an activity lags behind the contractual activity schedule by 90 days or more, the Subrecipient shall be required to submit in writing to CDAC the reasons for failure to implement the activity within the stipulated time frame. The Subrecipient shall allow the County to provide technical assistance if the project is more than 90 days behind schedule. In addition, the Subrecipient must present a corrective action plan that ensures timely implementation, as provided for in the CDAC/BOS Policy Manual. Failure to implement the activity in a timely manner shall be considered ineffective use of funds as well as a material failure to comply with all terms of the award of this Agreement and shall be considered cause for termination of this Agreement. I. ACTIVITY COMPLETION Upon the final payment to the Subrecipient by the County, the activity shall be considered complete. Upon completion of the Work Statement, all unspent CDBG resources shall be returned to the CDBG unprogrammed funds account. The Subrecipient shall continue to be responsible for compliance Page 24 of 48 Maricopa County Human Services Department Rebuilding Together - Valley of the Sun – Safe At Home Program, DG1807 SECTION II SPECIAL PROVISIONS activities for the life of the assisted activity. The close-out letter generated by the County shall detail these responsibilities and shall be sent to the Subrecipient. The Subrecipient agrees to comply with the stipulations in the close-out letter that addresses responsibilities after the close of an activity. J. OPERATION & MAINTENANCE Upon completion of the activity, the Subrecipient or other party, if identified, shall assume sole responsibility for continuing operation and maintenance of the activity described in Work Statement. K. ADDITIONAL CERTIFICATIONS AND WARRANTIES 1. Subrecipient agrees that it undertakes hereby the same obligations as the County has undertaken to HUD pursuant to said Annual Action Plan and Certifications, with respect to this Agreement. Subrecipient shall hold County harmless and indemnify it against any damage or other liability which County may incur with respect to HUD as a result of any failure on the part of Subrecipient to comply with the requirements of any such obligation. The obligations undertaken by Subrecipient are further clarified in the Certifications, Specific CDBG Certifications, and Appendix to Certifications included as Attachment A to this Agreement. These certifications include but are not limited to: a. The Housing and Community Development Act of 1974 (P.L. 93-383) as amended by the Housing and Urban Rural Recovery Act of 1983 (P.L. 98-181), the Housing and Community Development Act of 1987 and the Cranston-Gonzalez National Affordable Housing Act (P.L. 101-625); b. Regulations of the Department of Housing and Urban Development relating to Community Development Block Grants (Title 24, Chapter V, Part 570 of the Code of Federal Regulations (CFR), commencing at Section 570.1); c. Title VI of the Civil Rights Act of 1964 (P.L. 88-352) as amended; Title VIII of the Civil Rights Act of 1968 (P.L. 90-284) as amended; Section 109 of the Title I of the Housing and Community Development Act of 1974 as amended; EXECUTIVE ORDER 11063, as amended; and any HUD regulations heretofore issued or to be issued to implement these authorities related to Civil Rights; d. The requirements of Executive Orders 11625 and 12432 regarding Minority Business Enterprise, and 12138 regarding Women’s Business Enterprise, and regulations in 2 CFR § 200.321 and of Section 281 of the National Housing Affordability Act. e. Section 504 of the Rehabilitation Act of 1973 as amended and the Americans With Disabilities Act, of 1990; and f. Fair Housing Amendments Act of 1988; g. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) and the Uniform Relocation Act Amendments of 1987 (Title IV, P.L. 100-17, April 2, 1987 and regulations adopted to implement that Act pursuant thereto Title 24, CFR Part 42 as amended; h. The Architectural Barriers Act of 1969 (42 U.S.C. Section 4151-4157); i. The Hatch Act relating to the conduct of political activities (Chapter 15 of Title 5, U.S.C.); j. Section 902 of the Housing and Community Development Amendments of 1978 (P.L. 95-557); k. Executive Order 11246 and the regulations issued pursuant thereto (41 CFR Chapter 60) relating to nondiscrimination in employment and contracting opportunities; l. The Labor Standards Regulations set forth in 24 CFR, Part 570.603; the Davis-Bacon Act as amended; the provisions of Contract Work Hours and Safety Standards Act; the Copeland “Anti-Kickback” Act (40 U.S.C. § 276a-276a-5; 40 USC § 327 and 40 USC § 276c) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. The Subrecipient shall maintain documentation that demonstrates Page 25 of 48 Maricopa County Human Services Department Rebuilding Together - Valley of the Sun – Safe At Home Program, DG1807 SECTION II SPECIAL PROVISIONS compliance with hour and wage requirements of this part. Such documentation shall be made available to the County for review upon request; m. Executive Order 13166 entitled “Improving Access to Services for Persons with Limited English Proficiency” pursuant to Title VI of the Civil Rights Act. n. The Drug-Free Workplace Act of 1988 as it applies to this activity; o. The Subrecipient shall warrant and cause its subcontractors warrant that it is in compliance with immigration laws and regulations at A.R.S. Sections 41-4401 and 23- 214 p. Subrecipients which are governmental entities (including public agencies) shall comply with the requirements and standards of i. 2 CFR § 225, "Cost Principles for State, Local and Indian Tribal Governments", and ii. 2 CFR § Part 200 including Subpart D – Post Federal Award Requirements, Subpart E – Cost Principles, and Subpart F – Audits. q. Subrecipients who are non-profits shall comply with the requirements and standards of: i. 2 CFR Part 230, "Cost Principles for Nonprofit Organizations", or 2 CFR 220, "Cost Principles for Educational Institutions", as applicable, ii. OMB Circular A-134, “Financial Accounting Principles and Standards” and iii. 2 CFR § Part 200 including Subpart D – Post Federal Award Requirements, Subpart E – Cost Principles, and Subpart F – Audits. Audits shall be conducted annually. r. Changes – The County may, at any time, by written Change Order/Administrative Change executed by the Director of the Human Services Department, make changes within the general scope of this Agreement in any one or more of the following areas: i. Modifications to the project implementation schedule as long as it does not extend or shorten the term of the Agreement as noted on page 1 of this Agreement. ii. Minor changes in the Work Statement, provided the overall scope of work for the project is unchanged; iii. Modifications to terms consistent with any changes required by Federal, State, or County regulations ordinances or policies; and iv. Modifications to administrative requirements such as changes in reporting periods, frequency of reports, or report formats required by HUD or local regulations, policies or requirements. It is the responsibility of the Subrecipient to ensure the latest documents are consulted and followed. s. Parties agree that the terms, conditions and sums payable under this Agreement are subject to any changes or limitations which may be required by HUD and the CDBG Program regulations. t. The 2018-19 Annual Action Plan and the CDBG Application for this project are hereby incorporated by reference into this Agreement. u. This Agreement constitutes the entire Agreement between the Parties with respect to the subject matter hereof, and all prior agreements, representations, statements and undertakings are hereby expressly cancelled. Page 26 of 48 Maricopa County Human Services Department Rebuilding Together - Valley of the Sun – Safe At Home Program, DG1807 SECTION III WORK STATEMENT SECTION III WORK STATEMENT Maricopa County Human Services Page 27 of 48 Maricopa County Human Services Department Rebuilding Together - Valley of the Sun – Safe At Home Program, DG1807 SECTION III WORK STATEMENT A. SPECIAL FEDERAL AND PROJECT PROVISIONS Program Activity: The Subrecipient agrees to implement the activity fully as described in - This Work Statement in accordance with the terms of the 2015-2020 Five-Year Consolidated Plan, - The Rebuilding Together Maricopa County CDBG Program Requirements, Attachment B, as may be amended by the County, - The 2018-19 Action Plan submitted by the County to HUD for funds to carry out the activity, - The Certifications which were submitted concurrently with the Annual Action Plan to HUD, and with - Any Cooperation Agreements with the Municipality (as applicable). B. WORK STATEMENT 1. Brief description of the activity including the work 2. Describe the purpose and need for the activity. to be performed and the direct impact the activity Include problem causes, current conditions, will have on beneficiaries. studies performed, public response, and agency capacity. Every project completed through the Safe at Home More than 30% of the adults age 60 and over have one Program will serve the low-income senior citizen or more disabilities that affect self-care. As physical homeowners of Guadalupe. abilities decline, homes fall into disrepair and the cost of safety modifications and repairs becomes prohibitive. We will complete a 25 point home assessment to Affordable solutions allowing seniors to age safely in identify areas of concern and services including: install place - in their own homes - is a critical priority. We meet exterior wheelchair ramp; install ADA compliant door this need by providing no-cost risk assessments, critical handles; create low-rise steps; install bathroom safety repairs and home safety modifications for low-income, devices (tub rails, tub transfer benches, toilet riser senior homeowners. seats, hand-held showers, shower seats), and/or install grab bars and handrails. Creating safe and healthy homes through free home safety modifications is at the very heart of RTVOS’ We will check for working smoke and CO detectors, and mission. For nearly 28 years, we have offered our no- inspect windows, doors, plumbing, appliances, and attic cost services to individual homeowners, non-profit spaces for weatherization, leaks and energy efficiency facilities, and communities throughout Arizona. Our making critical repairs as needed. services significantly reduce the risk of injury, create healthy living conditions, preserve affordable homes for As a result, homeowners will live in safer, more seniors, and improve quality of life. comfortable homes and home values are preserved and/or enhanced. 3. Detailed description of proposed output(s). What 4. Describe the long term outcomes that beneficiaries is the final improvement, service, product, etc. to will directly achieve/receive as a result of this be provided? List quantifiable and measureable activity. Include the percentage of beneficiaries outputs. assisted that are expected to achieve/receive the outcomes, and how long it will take for the outcomes to occur. Safe at Home Program services will be provided to 50 According to the Arizona State Plan on Aging 2015- low-income, senior homeowners located in the Town of 2018, by 2020 approximately 23.4% of our population Guadalupe. Clients will be homeowners living in the will be over age 60 - many of whom will be living below home at the time of service. Clients will submit an the poverty line. As our population ages, preserving application for services which is income-qualified and affordable housing while allowing seniors to age safely verified through SS award/disability letter and/or their in place has become increasingly difficult and a critical most recent tax return and detailed demographic data is issue. Older adults value their independence and a fall collected. All accepted applications and associated can significantly reduce their ability to remain self- client data are maintained and stored electronically. sufficient and in their own home. 100% (50) of client households approved for services Through our critical repair program, we can stop will receive a 25-point Safe & Healthy Home plumbing leaks which lead to mold growth, weatherize Assessment. These assessments identify areas of homes to increase energy efficiency, reduce the risk of concern and inform our scope of work for the home. fires by inspecting and correcting dryer vent issues, and The assessment will identify factors that may contribute installing fire extinguishers and smoke detectors if Page 28 of 48 Maricopa County Human Services Department Rebuilding Together - Valley of the Sun – Safe At Home Program, DG1807 SECTION III WORK STATEMENT to fall risks, interior/exterior access limiters, needed. environmentally related illnesses such as asthma and chronic coughs, accidental fires, and other health safety Up to 70% of senior homeowners will immediately report hazards through or by the identification and/or a decrease in the fear of falling due to environmental remediation of risks. factors found in and around the home. 100% (50) homes will be assessed for fire safety in the 100% of homeowners will report an increased feeling of home to help prevent risk of death or injury due to safety and independence. accidental fires. Common fire hazards such as improperly ducted dryer vents, electrical outlet Approximately 30% of seniors will experience a overloads, and fire-extinguisher access are identified decrease in preventable, environmentally related and corrected through dryer duct replacements, illnesses such as asthma and chronic coughs resulting installing smoke detectors, etc. Hazards identified on in fewer hospital visits. the assessment will be scheduled into the scope of work and corrected, repaired or replaced as necessary. After the initial assessment, all work on a single home will be presented to Maricopa County for approval. Upon approval, the work will be scheduled to be completed within one day. Homes requiring a ramp installation in addition to interior safety mods may take longer. All home modifications are designed to be permanent and last for as long as needed by the homeowner. All safety equipment is medical-grade and permanently installed according to strict guidelines. The exact scope of work provided for each client varies based on the individual home assessment. Based on our experience we anticipate the following outputs: 90% (45 homes) will receive interior home safety modifications which will decrease the overall fear of falling and reduce the number of unintentional, preventable falls due to environmental safety risks in the home. These modifications could include bathtub grab bars, shower safety seats, toilet risers, handheld shower sprayers, non-slip bath mats and other safety equipment. We may also install interior threshold ramps to aid wheelchair or walker access. replace low-level- lighting or burned out lightbulbs, and remove trip hazards. 10% (5 homes) will have exterior wooden access ramps built and installed allowing free and unassisted entry/exit to the home for wheelchair, walker, or vision impaired clients. 5. Identify the 2018-19 Urban County CDBG Funding 6. a. Indicate activity location: Include the activity Priority / Priorities addressed by this activity. address. Briefly describe how the activity meets the stated b. Describe the service area. (Use street or priority: city/town boundaries to identify the service area Effective Economy Safe Communities for the activity.) If services will be offered at a Individual Opportunity Public Health site owned or managed by someone other than Sustainable Environment the applicant, attach a letter from the owner authorizing use of the site. Priorities addressed by our proposed activities include: All activities funded by Maricopa County Urban County Individual Opportunity, and Sustainable Environments. CDBG Program will be provided to low-to-moderate All services are provided through the Safe at Home income homeowners living within the limits of the Town Program which serves low-income senior and disabled of Guadalupe. Work is performed directly at the homeowners. residence and homeowners grant approval for work to be performed on-site during the application process. Page 29 of 48 Maricopa County Human Services Department Rebuilding Together - Valley of the Sun – Safe At Home Program, DG1807 SECTION III WORK STATEMENT Individual Opportunity: With a low per capita income and a town-wide poverty rate in excess of 59%, many Guadalupe senior resident homeowners live in physically inadequate homes. Without sufficient funds to prepare their homes to accommodate aging safely in place, these seniors face increased risk of injuries or death due to falls. We will install ADA compliant, home safety modifications on a case-by-case identified basis, thus decreasing the risk of falls by these homeowners. These modifications will give them the opportunity to remain safely in their own homes as they age. Public Health & Sustainable Environment: A 25-point Safe & Healthy home assessment identifies potential environmental home health hazards for high-risk senior populations. We will identify and correct issues within the home that exacerbate chronic health conditions such as asthma,.e.g. fix plumbing leaks to prohibit mold growth, seal cracks to inhibit pest infestations, weatherize doors and windows. In addition to mitigating health risks, repairs also create a sustainable environment by preserving home values. By correcting issues that, left unresolved, could eventually affect the structural integrity of the home, we maintain each home’s value for the homeowner. 7. Describe all beneficiaries and target populations 8. Do any utilities need to be relocated or brought to for this activity (persons and households, activity site, or do any drainage structures need to businesses, or jobs). be altered or created? If yes, describe below. a. Direct beneficiaries b. Indirect beneficiaries A. Direct beneficiaries of the Safe at Home Program None required. will be 50 senior and/or disabled, low-income, households -- in which at least one of the current residents owns the home-- in the Town of Guadalupe. B. Indirect beneficiaries of the Safe at Home Program will be Fire Department EMS and hospital/emergency service providers. With fewer calls to respond to senior falls, these service providers will potentially be free to redirect resources to other community benefit programs. Families and relatives of the senior homeowners served will also indirectly benefit through increased peace of mind and decreased concern about the safety of their loved ones. Page 30 of 48 Maricopa County Human Services Department Rebuilding Together - Valley of the Sun – Safe At Home Program, DG1807 SECTION III WORK STATEMENT 9. Provide the number of low and moderate income Urban County residents and the total number of residents: a. Estimated number assisted Jan. 1 – Dec. 31, 2017 (if activity was in operation in 2017) b. To be directly assisted with CDBG funds upon project completion if funded. If there is a significant change in the number expected to be assisted between 2017 and when the project is completed, include an explanation for this change in 1. Brief description of the activity, and/or 3. Detailed description of outputs, above. a. 2017 (est.) b. Upon Project Completion, by percent of AMI 0 – 80% Above 80% Total 0 – 30% 31 – 50% 51 – 80% Above 80% Total Urban County Residents 50 50 to be assisted. Total assisted (incl. 50 50 Urban County residents): C. IMPLEMENTATION SCHEDULE Task Start Date Completion Date Applications accepted for VL to LMI clients 06/30/18 07/01/19 Work scheduled and performed as clients are approved for services 06/30/18 07/01/19 Work completed by end of contract period 06/30/18 07/01/19 D. INCOME AND EXPENSE STATEMENT Grant Applicant's Cash/In Total Activity 19. BUDGET Funds Own Funds Kind Cost Requested Donations INCOME BUDGET Maricopa Urban County CDBG $25,000 $25,000 Volunteer Labor - In- Kind Donations $2,000 $2,000 Local Funds $0 Agency Reserve Funds $23,000 $23,000 Total Income $25,000 $23,000 $2,000 $50,000 HOUSING ACTIVITIES Professional Services Housing Consultants $0 Property Survey $0 Construction Emergency Repairs $15,000 $13,000 $1,000 $29,000 New Construction / Rehab $10,000 $10,000 $1,000 $21,000 Total Expense $25,000 $23,000 $2,000 $50,000 Page 31 of 48 Maricopa County Human Services Department Rebuilding Together - Valley of the Sun – Safe At Home Program, DG1807 SECTION III WORK STATEMENT PROJECT SERVICE AREA: Town of Guadalupe Page 32 of 48 Maricopa County Human Services Department Rebuilding Together - Valley of the Sun – Safe At Home Program, DG1807 SECTION IV COMPENSATION Maricopa County Human Services 33 of 43 Maricopa County Human Services Department Town of Guadalupe – Pavement Replacement Project Phase VI, DG1804 SECTION IV COMPENSATION A. COMPENSATION 1. Subject to the availability and authorization of funds for the explicit purposes set forth below, County will pay the Subrecipient compensation for services rendered as indicated in the following subsections. 2. Contractor shall be reimbursed utilizing Catalog of Federal Domestic Assistance (CFDA):14.218, Community Development Block Grant (CDBG) provided to the County through the U.S. Department of Housing and Urban Development (HUD). B. METHOD OF PAYMENT 1. Subrecipient agrees to submit monthly reimbursement requests to County unless monthly expenditures for the activity do not exceed One Thousand Dollars ($1,000.00). County agrees to reimburse Subrecipient for actual allowable costs incurred, upon certification of Release of Funds and submittal by Subrecipient of an itemized statement of actual expenditures incurred, supported by back up documentation such as: a. invoices and copies of checks showing payment of invoices and/or b. timesheets showing hours worked on eligible activities. 2. Reimbursement by County is not to be construed as final in the event that HUD disallows reimbursement for the activity or any portion thereof. Funds not expended in implementing this CDBG activity or upon completion of the activity shall be returned to the CDBG unprogrammed funds account as provided by the Administrative Manual. Request for reimbursement must be made using the request for Reimbursement form incorporated in this Agreement (Attachment C). C. TIMELINESS Subrecipient will submit Requests for Reimbursements to the County at least quarterly, provided whenever Subrecipient has expended at least $1,000. Subrecipient 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 year. D. REIMBURSEMENT The County shall provide financial assistance in an amount up to twenty-five thousand dollars ($25,000) subject to the terms of this Agreement and availability of funds. This Agreement price constitutes the County’s entire participation and obligation in the performance and completion of all work to be performed under this Agreement. E. FINAL REIMBURSEMENT UPON CONTRACT TERMINATION Upon termination of this Agreement at the date identified on page one of this Agreement, or as may be amended, the Subrecipient shall submit the final reimbursement request. 1. This request shall be submitted no later than 30 days after the termination date except as noted immediately below. 2. If the termination date is between June 10 and June 30, the final reimbursement request shall be submitted by July 10. 3. The final progress report, and any other required reports that may be applicable such as the program income report shall be submitted with the final reimbursement request. Page 34 of 48 Maricopa County Human Services Department Rebuilding Together - Valley of the Sun – Safe At Home Program, DG1807 SECTION V ATTACHMENTS Maricopa County Human Services 35 of 43 Maricopa County Human Services Department Town of Guadalupe – Pavement Replacement Project Phase VI, DG1804 SECTION V ATTACHMENTS ATTACHMENT A EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION During the performance of this contract, the Subrecipient agrees as follows: 1. The Subrecipient will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Subrecipient will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin, such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Subrecipient agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. 3. The Subrecipient will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Subrecipient will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations and relevant orders of the Secretary of Labor. 5. The Subrecipient will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to its books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Subrecipient's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Subrecipient may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Subrecipient will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Subrecipient will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. 36 of 43 Maricopa County Human Services Department Town of Guadalupe – Pavement Replacement Project Phase VI, DG1804 SECTION V ATTACHMENTS 8. The Subrecipient further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: provided, that if the Subrecipient so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. 9. The Subrecipient agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. 10. The Subrecipient further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and Federally-assisted construction contracts pursuant to the Executive order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed. Signature/Authorized Official Date Subrecipient Page 37 of 48 Maricopa County Human Services Department Rebuilding Together - Valley of the Sun – Safe At Home Program, DG1807 SECTION V ATTACHMENTS CERTIFICATIONS In accordance with the applicable statutes and the regulations governing the consolidated plan regulations, the Subrecipient certifies that: Anti-displacement and Relocation Plan -- It shall comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and implementing regulations at 49 CFR 24; and it has in effect and is following a residential anti-displacement and relocation assistance plan required under section 104(d) of the Housing and Community Development Act of 1974, as amended, in connection with any activity assisted with funding under the CDBG or HOME programs. Drug-Free Workplace -- It shall or shall continue to 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 shall be taken against employees for violation of such prohibition; 2. Establishing an ongoing drug-free awareness program to inform employees about - (a) The dangers of drug abuse in the workplace; (b) The grantee's policy of maintaining a drug-free workplace; (c) Any available drug counseling, rehabilitation, and employee assistance programs; and (d) 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 shall - (a) Abide by the terms of the statement; and (b) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; 5. Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph 4(b) 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 subparagraph 4(b), with respect to any employee who is so convicted - (a) 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 (b) 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. Anti-Lobbying -- This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. The jurisdiction understands that: a.) submission of this certification Page 38 of 48 Maricopa County Human Services Department Rebuilding Together - Valley of the Sun – Safe At Home Program, DG1807 SECTION V ATTACHMENTS is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code and b.) 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. To the best of the jurisdiction's knowledge and belief: 1. No Federal appropriated funds have been paid or shall be paid, by or on behalf of it, 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; 2. If any funds other than Federal appropriated funds have been paid or shall 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 contract, grant, loan, or cooperative agreement, the jurisdiction shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and 3. It shall require that the language of paragraph 1 and 2 of this anti-lobbying certification be included in the award documents for all sub awards at all tiers including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements and that all Subrecipients shall certify and disclose accordingly. Consistency with plan -- The activities to be undertaken with CDBG funds are consistent with the strategic plan. Section 3 -- It shall comply with section 3 of the Housing and Urban Development Act of 1968, and implementing regulations at 24 CFR Part 135. Signature/Authorized Official Date Printed/Typed Name Title Subrecipient Name Page 39 of 48 Maricopa County Human Services Department Rebuilding Together - Valley of the Sun – Safe At Home Program, DG1807 SECTION V ATTACHMENTS Specific CDBG Certifications The Subrecipient certifies that: Citizen Participation -- It is in full compliance and following a detailed citizen participation plan that satisfies the requirements of 24 CFR 91.105. Community Development Plan -- Its consolidated housing and community development plan identifies community development and housing needs and specifies both short-term and long-term community development objectives that provide decent housing, expand economic opportunities primarily for persons of low and moderate income. (See CFR 24 570.2 and CFR 24 part 570) Following a Plan -- It is following a current consolidated plan (or Comprehensive Housing Affordability Strategy) that has been approved by HUD. Use of Funds -- It has complied with the following criteria: 1. Maximum Feasible Priority. With respect to activities expected to be assisted with CDBG funds, it certifies that it has developed its Action Plan so as to give maximum feasible priority to activities which benefit low and moderate income families or aid in the prevention or elimination of slums or blight. The Annual Action Plan may also include activities which the grantee certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resources are not available); 2. Overall Benefit. The aggregate use of CDBG funds including section 108 guaranteed loans during program year(s) 2018, 2019, 2020 (a period specified by the grantee consisting of one, two, or three specific consecutive program years), shall principally benefit persons of low and moderate income in a manner that ensures that at least 70 percent of the amount is expended for activities that benefit such persons during the designated period; 3. Special Assessments. It shall not attempt to recover any capital costs of public improvements assisted with CDBG funds including Section 108 loan guaranteed funds by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements. However, if CDBG funds are used to pay the proportion of a fee or assessment that relates to the capital costs of public improvements (assisted in part with CDBG funds) financed from other revenue sources, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. The jurisdiction shall not attempt to recover any capital costs of public improvements assisted with CDBG funds, including Section 108, unless CDBG funds are used to pay the proportion of fee or assessment attributable to the capital costs of public improvements financed from other revenue sources. In this case, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. Also, in the case of properties owned and occupied by moderate-income (not low-income) families, an assessment or charge may be made against the property for public improvements financed by a source other than CDBG funds if the jurisdiction certifies that it lacks CDBG funds to cover the assessment. Page 40 of 48 Maricopa County Human Services Department Rebuilding Together - Valley of the Sun – Safe At Home Program, DG1807 SECTION V ATTACHMENTS Excessive Force -- It has adopted and is enforcing: 1. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and 2. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction; Compliance With Anti-discrimination laws -- The grant shall be conducted and administered in conformity with title VI of the Civil Rights Act of 1964 (42 USC 2000d), the Fair Housing Act (42 USC 3601-3619), and implementing regulations. Lead-Based Paint -- Its notification, inspection, testing and abatement procedures concerning lead-based paint shall comply with the requirements of 24 CFR §570.608; Compliance with Laws -- It shall comply with applicable laws. Signature/Authorized Official Date Printed/Typed Name Title Subrecipient Name Page 41 of 48 Maricopa County Human Services Department Rebuilding Together - Valley of the Sun – Safe At Home Program, DG1807 SECTION V ATTACHMENTS APPENDIX TO CERTIFICATIONS INSTRUCTIONS CONCERNING LOBBYING AND DRUG-FREE WORKPLACE REQUIREMENTS: A. Lobbying Certification B. Drug-Free Workplace Certification 1. By signing and/or submitting this application or grant agreement, the grantee 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 grantee knowingly rendered a false certification, or otherwise violates the requirements of the Drug-Free Workplace Act, HUD, in addition to any other remedies available to the Federal Government, 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 grantee does not identify the workplaces at the time of application, or upon award, if there is no application, the grantee 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 grantee'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, 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 grantee shall inform the agency of the change(s), if it previously identified the workplaces in question (see paragraph three). 6. The grantee 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 (Street address, city, county, state, zip code) Check if there are workplaces on file that are not identified here. The certification with regard to the drug-free workplace is required by 24 CFR Part 24, subpart F. 7. Definitions of terms in the Non-procurement Suspension and Debarment common rule and Drug-Free Workplace common rule apply to this certification. Grantees' attention is called, in particular, to the following definitions from these rules: "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); "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; "Criminal drug statute" means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, use, or possession of any controlled substance; Page 42 of 48 Maricopa County Human Services Department Rebuilding Together - Valley of the Sun – Safe At Home Program, DG1807 SECTION V ATTACHMENTS "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 Subrecipients not on the grantee's payroll; or employees of Subrecipients or subcontractors in covered workplaces). Page 43 of 48 Maricopa County Human Services Department Rebuilding Together - Valley of the Sun – Safe At Home Program, DG1807 SECTION V ATTACHMENTS ATTACHMENT B REBUILDING TOGETHER – MARICOPA COUNTY CDBG PROGRAM REQUIREMENTS Rebuilding Together (RT) agrees to the following program requirements: Client Intake Income qualification: All applicants will be income qualified with a household income below 80% AMI. Documentation for the head of household that is listed on the property title will include proof that the applicant is over 62 years of age, is disabled, or has an annual household income below the current CDBG income limits. Race / Ethnicity, Female Headed: The client intake documentation will include information on the applicant’s race, ethnicity, and female headed household status, using the current CDBG categories: White Black/African American Asian American Indian/Alaska Native Native Hawaiian/Other Pacific Islander American Indian/Alaska Native & White Asian & White Black/African American & White American Indian/Alaska Native & Black/African American Asian / Pacific Islander Other Multi-Racial Proof of Ownership: The client file will include proof that the applicant is the legal owner of the property to receive rehabilitation assistance. SAM- require active profile: The client file will include the following documentation for each owner listed on the property title: - A signed certification from each person stating he/she is not debarred or otherwise ineligible to receive federal assistance. - A completed System for Award Management (SAM) report documenting that the person is not debarred or excluded from participating in federally funded activities. Scope of Work- Environmental Review- - RT will provide a completed environmental review form using the format and resources provided by MCHSD. - Any changes to the scope of work will be approved by MCHSD. - Failure to obtain MCHSD approval for any part of the project scope of work may result in the entire project being ineligible for CDBG assistance. Approval of the environmental or any changes may take up to one month. Bid Process / Construction Page 44 of 48 Maricopa County Human Services Department Rebuilding Together - Valley of the Sun – Safe At Home Program, DG1807 SECTION V ATTACHMENTS RT will obtain MCHSD approval for all items in the scope of work before starting the bid process for or any rehabilitation work on the home regardless of who completes the work. Owner approval of the scope of work prior to the start of bidding or construction will be documented in the project file. The bid process for any work to be bid out will be approved by MCHSD prior to the bid. The project file will include documentation of the work completed, the final inspection, and owner acceptance of all items in the scope of work Documentation of Work Completed: before + after photos, etc. Record Retention Rebuilding Together will maintain the complete, original project file for each client assisted through this grant for a period of six years after completion of this funding agreement. Page 45 of 48 Maricopa County Human Services Department Rebuilding Together - Valley of the Sun – Safe At Home Program, DG1807 SECTION V ATTACHMENTS ATTACHMENT C Page 46 of 48 Maricopa County Human Services Department Rebuilding Together - Valley of the Sun – Safe At Home Program, DG1807 SECTION V ATTACHMENTS ATTACHMENT D MARICOPA COUNTY CDBG PROGRAM REQUIREMENTS The Subrecipient agrees to the following program requirements: Client Intake Income qualification: All applicants will be income qualified with a household income below 80% AMI. Proof of Legal US Residency: Document the legal residence of all owner listed on the property deed. Race / Ethnicity, Female Headed: The client intake documentation will include information on the applicant’s race, ethnicity, and female headed household status, using the current CDBG categories: White Black/African American Asian American Indian/Alaska Native Native Hawaiian/Other Pacific Islander American Indian/Alaska Native & White Asian & White Black/African American & White American Indian/Alaska Native & Black/African American Asian / Pacific Islander Other Multi-Racial Proof of Ownership: The client file will include proof that the applicant is the legal owner of the property to receive rehabilitation assistance. SAM- require active profile: The client file will include the following documentation for each owner listed on the property title: - A completed System for Award Management (SAM) report documenting that the person is not debarred or excluded from participating in federally funded activities. Scope of Work- Environmental Review- - The Subrecipient will provide a completed environmental review form using the format and resources provided by MCHSD. - Any changes to the scope of work will be approved by MCHSD. - Failure to obtain MCHSD approval for any part of the project scope of work may result in the entire project being ineligible for CDBG assistance. Approval of the environmental or any changes may take up to one month. Bid Process / Construction Page 47 of 48 Maricopa County Human Services Department Rebuilding Together - Valley of the Sun – Safe At Home Program, DG1807 SECTION V ATTACHMENTS The Subrecipient will obtain MCHSD approval for all items in the scope of work before starting the bid process for or any rehabilitation work on the home regardless of who completes the work. Owner approval of the scope of work prior to the start of bidding or construction will be documented in the project file. The bid process for any work to be bid out will be approved by MCHSD prior to the bid. The project file will include documentation of the work completed, the final inspection, and owner acceptance of all items in the scope of work Documentation of Work Completed: before + after photos, etc. Record Retention The Subrecipient will maintain the complete, original project file for each client assisted through this grant for a period of six years after completion of this funding agreement. Page 48 of 48 Maricopa County Human Services Department Rebuilding Together - Valley of the Sun – Safe At Home Program, DG1807