RESOLUTION 17-021 RE HOME TBRA IGA.DOCX

INTERGOVERNMENTAL AGREEMENT
FOR SERVICES BETWEEN
MARICOPA COUNTY
ADMINISTERED BY ITS
HUMAN SERVICES DEPARTMENT
AND
THE HOUSING AUTHORITY OF MARICOPA COUNTY
Contract Amount: $330,000
Contract Start Date: October 4, 2017
Contract Termination Date: September 30, 2019
Contract Number: C-22-18-019-3-00/C-66-18-002-M-00
CFDA Number: 14.239, HOME Investment Partnerships Program
DUNS Number: 124257895
This Intergovernmental Agreement for services (“Agreement”) is entered into by and between the Housing
Authority of Maricopa County (hereinafter referred to as “HAMC and/or “Subrecipient”), and Maricopa
County, administered by its Human Services Department, (hereinafter referred to as the “County” or “Lead
Agency” or “Department”). The Subrecipient and County are collectively referred to herein as the “Parties”
and individually as a “Party.”
The County shall provide financial reimbursement in an Agreement amount up to Three Hundred Thirty
Thousand Dollars ($330,000) subject to the terms of this Agreement and availability of funds. This
Agreement amount constitutes the County’s entire participation and obligation in the performance and
completion of all work to be performed under this Agreement.
The 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 – Contain uniform administrative requirements applicable to both
Parties participating in the HOME Investment Partnerships (HOME) Program, which include, but are
not limited to, definitions; non-discrimination and equal opportunity requirements; disclosure and
retention requirements; and debarment, suspension, or ineligibility exclusions.
Section II – Special Provisions – Provides specific programmatic requirements upon the Subrecipient
that are established by the HOME Program and applicable HUD regulations. This includes, but is not
limited to, disposition of program income; financial record management; reporting requirements; and
Subrecipient certifications.
Section III – Work Statement – The section contains, but is not limited to, a narrative of the project; a
list of the tasks to be performed; established goals; performance measures; scheduling; budget; planned
expenditures of income.
Section IV – Compensation – Contains provisions relating to compensation for Subrecipient, method
of payment, terms of reimbursement, conditions-prior to the release of funds.
Section V – Attachments & Forms – Contains the Certification, Request For Reimbursement Form,
HOME Funds Match Certification Form, and the 2017 HOME Income and Rent Limits.
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Maricopa County Human Services Department

SUBRECIPIENT
Representative: Gloria Munoz
Phone: 602-744-4542
Email: g.munoz@maricopahousing.org
Address: 8910 N. 78th Avenue, Peoria, AZ 85345
LEAD AGENCY
Representative: Rachel Milne, Assistant Director, Housing and Community Development
Phone: 602-372-1528
E-mail: MilneR@mail.maricopa.gov
Address: 234 N. Central Avenue, Third Floor, Phoenix, AZ 85004
Notice under this Agreement shall be given by personal delivery or by registered or certified mail, postage
prepaid and returned receipt requested, to the persons at the addresses set forth above and shall be effective
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.
CONFLICT WAIVER: The Parties to this Agreement acknowledge that they are aware that the Civil Services
Division of the Maricopa County Attorney’s Office (Civil Division) may be chosen as the attorney for the
other Parties to this Agreement, and the signing Parties acknowledge that they are aware of a potential
conflict of interest, and waive any claim of conflict of interest, which may arise by virtue of Civil Division’s
representation of another Party to this Agreement.
[Signatures on next page]
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Maricopa County Human Services Department

IN WITNESS THEREOF, the Parties have signed this Agreement:
Approved By: Approved By:
Housing Authority of Maricopa County Maricopa County (Lead Agency)
Denny Barney, Chairman, Board of Commissioners Denny Barney, Chairman, Board of Supervisors
Date Date
Attested to: Attested to:
Gloria Munoz, Clerk of the Board Fran McCarroll, Clerk of the Board
Date Date
IN ACCORDANCE WITH A.R.S. §§ 11-952, THIS AGREEMENT HAS BEEN REVIEWED BY THE
UNDERSIGNED DEPUTY COUNTY ATTORNEY, AND, IN ACCORDANCE WITH A.R.S. § 11-952, THIS
AGREEMENT HAS BEEN REVIEWED BY THE UNDERSIGNED ATTORNEY FOR SUBRECIPIENT ON
BEHALF OF SUBRECIPIENT, AS TO THEIR RESPECTIVE CLIENTS ONLY, EACH ATTORNEY HAS
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
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SECTION I
GENERAL PROVISIONS
MARICOPA COUNTY
HUMAN SERVICES DEPARTMENT
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SECTION I GENERAL PROVISIONS
A. PURPOSE
County shall provide Subrecipient with U.S. Department of Housing and Urban Development (HUD)
HOME Investment Partnerships Program funds for the provision of HOME Tenant-Based Rental
Assistance (TBRA) activities as identified in Section III Work Statement.
B. TERM
The term of this Agreement shall commence on October 4, 2017, and shall remain in effect through
September 30, 2019. The Agreement shall become effective upon approval and signature by both
Parties.
C. RENEWAL
This Agreement may be extended by a written amendment for three twelve-month periods, or portions
thereof, at the concurrence of both parties. After the final extension period, the parties can enter into a
new Agreement, if desired. The parties shall meet prior to the Agreement termination to determine if
the Agreement will be renewed and any programmatic changes to be made at time of renewal.
D. AMENDMENTS
Any changes to this Agreement shall be carried out in accordance with the following:
1. A written amendment, signed by both parties, to this Agreement shall be required for every
standard purpose listed below and all other purposes;
2. Whenever the Agreement period is lengthened and/or shortened;
3. For any other changes in terms and conditions of this Agreement which the parties deem
substantial.
E. TERMINATION
1. Pursuant to A.R.S. §38-511, Parties may cancel this Agreement without penalty or further
obligation within three years after execution of the contract, if any person significantly involved
in initiating, negotiating, securing, drafting or creating the contract on behalf of a 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 Parties may recoup any fee or commission paid or due to any person
significantly involved in initiating, negotiating, securing, drafting or creating the contract on
behalf of the Party from any other party to the contract 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 County under the
Availability of Funds provision). The notice shall be given by personal delivery or by registered
or certified mail, postage prepaid and returned receipt requested to the persons at the addresses
set forth on Page Two 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
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SECTION I GENERAL PROVISIONS
effective date of the termination. The party initiating the termination shall notify the other
party in writing stating the reasons for such termination.
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. Annual Action Plan means the annual plan submitted by the County as the lead agency of the
Maricopa HOME Consortium that describes the Consortium’s annual program goals.
2. Assistant Director means the Director of the Housing and Community Development
Division within the Human Services Department.
3. Beneficiary means a person or household that meets the income requirements of 24 CFR
92.203 subject to the restriction on assistance to students enrolled in an institution of higher
education, as described in 24 CFR 5.612.
4. Commitment means an executed legally binding written agreement with a Subrecipient or a
contractor to use a specific amount of HOME funds to produce affordable housing, provide
down-payment assistance or tenant based rental assistance. An agreement between the
representative unit and a member unit of general local government of the Consortium does
not constitute a commitment as described in 24 CFR Part 92.2(1) and (2).
5. Consortium Agreement means the Intergovernmental Agreements (IGA) between members
of the Maricopa County HOME Consortium entered into on or about June 29, 2005 which
automatically renews for successive 3-year terms and expires on or about June 30, 2020.
6. Contract Administrator means the person identified on page 2 of this Agreement who is
responsible for administering this Agreement on behalf of the County.
7. County means Maricopa County by and through its Human Services Department as the Lead
Agency of the Maricopa HOME Consortium.
8. Contractor/Subcontractor means a non-profit or for-profit organization carrying out
HOME related project activities as described in the written agreement between the City and
the Developer.
9. Director means the Director of the Maricopa County Human Services Department.
10. Division means the Housing and Community Development Division of the Human Services
Department.
11. Fidelity Bond means a bond to indemnify the Subrecipient against losses resulting from fraud
or lack of integrity, honesty or fidelity of one or more employees, officers or other persons
holding a position of trust.
12. Five Year Consolidated Plan means the HUD required Consolidated Plan submitted by the
County as the lead agency for the Maricopa HOME Consortium.
13. HUD means U.S. Department of Housing and Urban Development
14. Juvenile means any person under the age of eighteen (18).
15. Lead Agency or Department means Maricopa County Human Services Department,
Housing and Community Development Division. The Lead Agency is designated per the
Intergovernmental Agreement authorized and adopted by the HOME Consortium members’
legislative bodies.
16. Low-income families means families whose annual incomes do not exceed 80 percent of the
median income for the area, as determined by HUD, with adjustments for smaller and larger
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SECTION I GENERAL PROVISIONS
families, except that HUD may establish income ceilings higher or lower than 80 percent of the
median for the area on the basis of HUD findings that such variations are necessary because of
prevailing levels of construction costs or fair market rents, or unusually high or low family
incomes. An individual does not qualify as a low-income family if the individual is a student
who is not eligible to receive Section 8 assistance under 24 CFR 5.612.
17. Program means HOME Subrecipient’s receipt of funds to carry out programs (e.g., down
payment assistance, homeowner rehabilitation, or tenant-based rental assistance programs,
etc.), and not to undertake specific projects. (Entities that carry out projects are generally
owners, developers, or sponsors.) The Work Statement included herein describes the
Subrecipient programs to be administered.
18. Public Agency has the meaning prescribed by A.R.S. § 11-951.
19. Subcontract means any contract 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.
20. Subrecipient means a public agency administering all requirements of the HOME program
and is the member unit of a general local government, person, firm or organization listed on
the Cover Page of this Agreement.
21. Vendor means an entity funded through the Subrecipient to provide services required by the
Work Statement.
22. Very low-income families means low- income families whose annual incomes do not exceed
50 percent of the median family income for the area, as determined by HUD with adjustments
for smaller and larger families, except that HUD may establish income ceilings higher or lower
than 50 percent of the median for the area on the basis of HUD findings that such variations
are necessary because of prevailing levels of construction costs or fair market rents, or
unusually high or low family incomes. An individual does not qualify as a very low-income
family if the individual is a student who is not eligible to receive Section 8 assistance under 24
CFR 5.612.
23. Work Statement means the section of this Agreement that contains a description of services
to be delivered pursuant to this Agreement.
H. GENERAL REQUIREMENTS
1. The terms of this Agreement shall be construed in accordance with Arizona law and the
applicable regulations of the United States Department of Housing and Urban Development
(HUD). Any lawsuit arising out of this Agreement shall be brought in the appropriate court in
Maricopa County, Arizona.
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
workers’ compensation.
3. The Subrecipient is independent in the performance of work and the provision of services
under this Agreement and shall comply with all laws regarding unemployment insurance,
disability insurance and worker's compensation.
4. Subrecipient shall comply with the regulations prohibiting a conflict of interest, and not make
any payments, either directly or indirectly, to any person, partnership, corporation, trust or
other organization that has a substantial interest in Subrecipient's organization or with which
Subrecipient (or one of its directors, officers, owners, trust certificate holders or a 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. For purposes
of this provision, the terms "substantial interest" and "relative" shall have the meanings
prescribed by A.R.S. § 38-502.
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SECTION I GENERAL PROVISIONS
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 received
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 Director 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 State agency, federal department or any other agency or
instrumentality to suspend, decrease or terminate its fiscal obligation under, or in connection
with this Agreement, the 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 cost
category to another. Any proposed modification to the budget that will result in a transfer of funds
among the budget cost categories, but does not affect the amount, consideration, scope or other terms
of the Agreement must be submitted for approval by the Assistant Director of Maricopa County
Housing and Human Services Department. The proposed budget will be evaluated in the first quarter
and quarterly thereafter by HSD and HAMC as the program progresses in order to adjust funds
between approved line items
If the County agrees to a budget adjustments that increases the Agreement amount, the County shall
follow section D of this Agreement to amend this Agreement. Any requests for reasonable budget
adjustments must be submitted ninety (90) days prior to the expiration of this Agreement. Requests for
adjustments to this Agreement must be supported by appropriate documentation. The Subrecipient
shall not retain any funds drawn down in excess of immediate cash needs (to be used within 15 days
of draw down) to cover subsequent requests for reimbursement, and must return them to the County
within 30 days of receipt. The Subrecipient must also return to the County any interest that is earned
on these funds that are drawn down and not expended for eligible costs within 15 days of draw
down.
M. DISPUTES
1. Except as may otherwise be provided for in this Agreement, any dispute arising out of this
Agreement that is not resolved between the Parties within a reasonable period of time, which
shall not exceed one hundred twenty (120) days, shall be submitted in accordance with the
following dispute resolution process.
2. Notice of the specific grounds of a dispute shall be in writing and filed with the Assistant
Director within ten (10) working days from the date Subrecipient knew or should have known
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SECTION I GENERAL PROVISIONS
of the basis of the dispute. The Assistant Director shall respond in writing to Subrecipient
within fourteen (14) working days. The decision of the Assistant Director shall be final and
conclusive unless, within seven (7) working days from the date Subrecipient is served with the
decision, Subrecipient files a written notice of appeal with the Human Services Department
Director, who shall provide Subrecipient with a written response within fourteen (14) working
days following receipt of Subrecipient’s notice of appeal. The decision of the Director shall be
final and not appealable.
3. Pending a final decision of the Director, the Subrecipient shall proceed diligently with its
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 with the specified
time frame.
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. Nonperformance of any obligations required by this Agreement.
b. Noncompliance with any applicable federal, state, or local laws, rules or regulations,
including HUD guidelines, policies, or directives.
c. Unauthorized expenditure of funds.
d. Violation of the applicable affordability period.
e. Improper disposition of resale or recapture proceeds.
f. Improper disposition of program income.
g. Noncompliance with applicable financial record requirements, accounting
principles, or standards established by 2 CFR 200, et seq.
h. Noncompliance 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 contract 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.
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SECTION I GENERAL PROVISIONS
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
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. NON-LIABILITY
The County, its officers, representatives, agents and employees shall not be liable for any act or
omission by the Subrecipient or Vendor or any officer, representative, agent or employee of
Subrecipient or Vendor occurring in the performance of this Agreement, nor shall these entities be
liable for purchases or contracts made by the Subrecipient, Vendor or any officer, representative, agent
and employee of Subrecipient or Vendor, in connection with this Agreement.
R. INDEMNIFICATION
Each Party (as "indemnitor") agrees to indemnify, defend, and hold harmless the other Party (as
"indemnitee") from and against any and all claims, losses, liability, costs, or expenses (including
reasonable attorney's fees) (hereinafter collectively referred to as "claims") arising out of the negligent
performance of this Agreement, but only to the extent that such claims which result in
vicarious/derivative liability to the indemnitee are caused by the act, omission, negligence,
misconduct, or other fault of the indemnitor, its officers, officials, agents, employees, or volunteers.
S. 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 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.
T. SINGLE AUDIT ACT REQUIREMENTS
Subrecipient is in receipt of federal funds through the County. The funds are subject to the federal audit
requirements of the Single Audit Act of 1984, as amended (Pub. L. No. 98-502) (codified at 31 U.S.C.
§§ 7501, et seq.). Subrecipients shall comply with 2 CFR 200 Subpart F. Upon completion, such audits
shall be made available for public inspection. Audits shall be submitted to the County within the twelve
(12) months following the close of the fiscal year. 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 when the Subrecipient is noncompliant with the audit requirements.
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SECTION I GENERAL PROVISIONS
U. 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.
V. STAFF AND VOLUNTEER TRAINING
The Lead Agency may make available to the Subrecipient the opportunity to participate in any
applicable training activities conducted by the County.
W. 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.
X. 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 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 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 contract, 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.
Y. RELIGIOUS ACTIVITIES
The Subrecipient agrees that none of its costs and none of the costs incurred by any Vendor will
include any expense for any religious activity.
Z. 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.
AA. 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.
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SECTION I GENERAL PROVISIONS
BB. SAFEGUARDING OF PARTICIPANT INFORMATION
The use or disclosure by any Party of any information concerning an applicant for, or recipient of,
services under this Agreement is directly limited to the purpose of this Agreement. 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.
CC. 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
other Party, upon request, any available information that is relevant to this Agreement and to the
performance hereunder.
DD. 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.
EE. PATENTS
Any discovery or invention arising out of, or developed in the course of, work aided by this Agreement
shall be promptly and fully reported to the County for determination as to whether patent protection
on such invention or discovery shall be sought and how the rights in the invention or discovery,
including rights under any patent issued thereon, shall be disposed of and administered, in order to
protect the public interest.
FF. AGREEMENT COMPLIANCE MONITORING
The Lead Agency 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 Lead Agency 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 Lead Agency for inspection and copying. In the event of conflict
between the terms of this Agreement and the terms of the Consortium Agreement or the Current
Practices Manual, the terms of this Agreement control.
GG. CONTINGENCY RELATING TO OTHER CONTRACTS AND GRANTS
1. The Subrecipient shall, during the term of this Agreement, immediately inform the Contract
Administrator 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 County of such award shall be considered a violation of this Agreement and the
County may immediately terminate this Agreement without liability.
2. The Contract Administrator 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 Contract Administrator the award of the agreement or
grant may affect the costs being paid or reimbursed under this Agreement.
3. If the Contract Administrator 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
Contract Administrator will prepare an amendment to this Agreement affecting a cost
adjustment. If the Subrecipient disputes the proposed cost adjustment, the dispute shall be
resolved pursuant to the "Disputes" section contained herein.
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SECTION I GENERAL PROVISIONS
HH. MINIMUM WAGE REQUIREMENTS
The Contractor agrees and warrants that it shall pay all its employees engaged in performing work or
providing services under the terms of this Contract not less than the minimum wage specified under
Section 6(a)(1) of the Fair Labor Standards Act of 1938, as amended and as specified by Arizona law.
II. 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.
JJ. 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 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).
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SECTION I GENERAL PROVISIONS
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.
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. Professional/Semi Professional Liability Coverage
a. 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 $5,000,000 for medical malpractice and a minimum of
$2,000,000 for all other types of professional malpractice for each occurrence and
provide the County with proof of coverage.
b. Errors and Omissions (Professional Liability) insurance and, if necessary,
Commercial Umbrella insurance, which will insure and provide coverage for errors
or omissions or professional liability of the Subrecipient, with limits of no less than
$2,000,000 for each claim.
15. Commercial General Liability – Occurrence Form:
Policy shall include bodily injury, property damage and broad form contractual liability
coverage.
16. The policy shall be endorsed to include coverage for physical/sexual abuse and
molestation.
17. 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".
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SECTION I GENERAL PROVISIONS
Minimum Limits:
General Aggregate $4,000,000
Each Occurrence Limit $2,000,000
Sexual Abuse/Molestation $2,000,000
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.
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.
KK. 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
County if the grievance is not satisfied at the Subrecipient's level. This system shall include protest
procedures for decisions related to contract awards and requests for reasonable accommodations for
persons with disabilities.
LL. NONDISCRIMINATION
The Subrecipient, in connection with any service or other activity under this Agreement, shall not in
any way, discriminate against any person on the grounds of race, color, religion, sex, national origin, age,
disability, political affiliation or belief. The Subrecipient shall include this clause in all of its
Subcontracts.
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SECTION I GENERAL PROVISIONS
MM. EQUAL EMPLOYMENT OPPORTUNITY
The Subrecipient shall not discriminate against any employee or applicant for employment because of
race, age, disability, color, religion, sex sexual identity, gender identity, or national origin. The
Subrecipient shall take affirmative action to ensure that applicants are employed and that employees are
treated during employment without regard to their race, age, disability, color, religion, sex, sexual
identity, gender identity or national origin. Such action shall include, but is not limited to, the following:
employment, upgrading, demotion or transfer, recruitment or recruitment advertising, lay-off or
termination, rates of pay or other forms of compensation, and selection for training, including
apprenticeship. The Subrecipient shall, to the extent such provisions apply, comply with Title VI and
VII of the Civil Rights Act of 1964, as amended (42 U.S.C. §§ 2000a, et seq.); the Rehabilitation Act of
1973, as amended (29 U.S.C. §§ 701, et seq.); the Age Discrimination in Employment Act of 1967, as
amended (29 U.S.C. §§ 621, et seq.); the Americans With Disabilities Act of 1990 (42 U.S.C. §§ 12101, et
seq.); and Executive Orders 11375 amending Executive Order 11246 and implementing regulations at
41 CFR part 60, as well as, Arizona Executive Order 99-4, which mandates that all persons shall have
equal access to employment opportunities.
NN. DISABILITY REQUIREMENTS
Subrecipient agrees that any electronic or information technology offered under this Agreement shall
comply with A.R.S. §§41-2532 and 2533 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. 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.
PP. 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 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.
QQ. 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.
RR. 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.
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SECTION I GENERAL PROVISIONS
SS. 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
County. 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 an entity 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 expected to be greater than $300, unless the Subrecipient obtains the Contract
Administrator’s 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. 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.
TT. 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 County.
UU. 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, both 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. Both Parties shall
obtain statements from their subcontractors certifying compliance and shall furnish
the statements to the Procurement Officer upon request. These warranties shall
remain in effect through the term of the Agreement. Both Parties and their
subcontractors shall also maintain Employment Eligibility Verification forms (I-9)
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SECTION I GENERAL PROVISIONS
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 make all papers and employment records of said employee(s)
available during normal working hours in order to facilitate such an inspection.
VV. 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 the Subrecipient and grantees of federal funds must certify that they will
provide drug-free workplaces that comply with federal law. This certification is a precondition to
receiving a grant or entering into this Agreement.
WW. GOVERNOR’S EXECUTIVE ORDER NO. 88-26
The Subrecipient is required to use the Arizona Taxonomy of Human Services for reporting and
contracting purposes.
XX. 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 the
Subrecipient is to be considered a County employee, and no rights of County civil service,
County retirement, or County personnel rules shall accrue to such individuals. The
Subrecipient shall have total responsibility for all its salaries, wages, bonuses, retirement,
withholdings, workers’ compensation, occupational disease compensation, unemployment
compensation, other employee benefits, and all taxes and premiums appurtenant thereto
concerning such individuals and shall defend and hold the County harmless with respect
thereto.
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SECTION I GENERAL PROVISIONS
YY. 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 contract 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 (2)
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.
6. shall not enter into a subcontract or sub-recipient agreement with 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.
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.
Should the Subrecipient not be able to provide this Certification, an explanation as to why shall be
immediately provided to the County, Attention: Housing and Community Development Assistant
Director, 234 N. Central Ave., Third Floor, Phoenix, AZ 85004.
ZZ. CONTRACTOR 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 September 2013).
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SECTION I GENERAL PROVISIONS
AAA. ISRAEL BOYCOTT
Per A.R.S. § 35-393, Subrecipient certifies that they are not currently engaged in, and agrees for the
duration of the Contract to not engage in, a boycott of Israel.
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SECTION II
SPECIAL PROVISIONS
MARICOPA COUNTY
HUMAN SERVICES DEPARTMENT
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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 County 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 comply with all applicable laws, rules and regulations, without
limitation to those designated within this Agreement. Refer to the Default and Remedies for
Noncompliance provided in the General Provisions.
C. COMPLIANCE WITH REQUIREMENTS REGARDING ELIGIBILITY FOR PUBLIC
BENEFITS
Subrecipient shall comply with State and other laws regarding eligibility for public benefits including
ARS § 1-501 and § 1-502 which states that public benefits shall only be provided to eligible
applicants who are citizens of the United States, or are Qualified Non-Citizens:
1. All applicants authorized to receive public benefits must provide documentation of their
lawful presence in the United States through a verification process.
2. All eligible applicants must also execute a sworn affidavit stating that the documentation
provided during the verification process to prove citizenship or qualified non-citizen is true.
3. The Affidavit Demonstrating Lawful Presence in the United States or similar form shall be
used to document compliance with requirements 1 and 2, above.
4. Employees of Maricopa County and its subcontracted entities are required to report
“discovered violations” of federal immigration law
5. Public benefits are defined in A.R.S. § 1-501 as any grant, contract, loan, professional license,
or commercial license provided by an agency of the United States or by appropriated funds
of the United States; and any retirement, welfare, health, disability, public or assisted
housing, postsecondary education, food assistance, unemployment benefit, or any other
similar benefit for which payments or assistance are provided to an individual, household, or
family eligibility unit by an agency of the United States or by appropriated funds of the
United States.
6. Programs, services, or assistance such as soup kitchens, crisis counseling and intervention,
and short-term shelter which meet the following conditions are exempt from A.R.S. §§ 1-501
and 1-502.
a. deliver in-kind services at the community level, including through public or private
nonprofit agencies;
b. do not condition the provision of assistance, the amount of assistance provided, or
the cost of assistance provided on the individual recipient’s income or resources;
and
c. are necessary for the protection of life or safety.
D. AUDIT REQUIREMENTS
The Subrecipient shall, at its own expense, file with the County by March 31st of each Agreement
year, either audited financial statements prepared in accordance with federal single audit
requirements; or, financial statements of the HOME program prepared in accordance with generally
accepted accounting principles audited by an independent certified public accountant.
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SECTION II SPECIAL PROVISIONS
E. SPECIAL FEDERAL AND PROJECT PROVISIONS
1. In accordance with HOME Program regulations, the Subrecipient agrees to fully implement
the Program as described in each Work Statement in accordance with the terms of the Five-
Year Consolidated Plan and the Annual Action Plan submitted by the County to HUD for
funds to carry out the Program and the Certifications which were submitted concurrently
with the Annual Action Plan to HUD, and with any Cooperation Agreements with the
Municipality (as applicable). The Annual Action Plan is hereby incorporated by reference
into this Agreement. In summary, the Program is described in Work Statement, Section III.
The Subrecipient shall be responsible to provide various reports of all activities related to the
Work Statement. The Subrecipient agrees to submit to the County required reports:
a. Quarterly Performance Reports are due on the 15th of July, October, January and
April of the preceding three months (i.e. July report cover the months of April, May
and June). Reports shall address all programs described in the Work Statement.
Failure to submit timely Performance Reports will result in suspension of payment
reimbursement requests until all reports are brought current. Performance Reports
are continually due for rental projects to ensure that all beneficiary data is regularly
updated with beneficiary information during lease-up along with vacant unit reports.
b. Monthly Request for Reimbursements Subrecipient must use the required
Monthly Request for Reimbursement form and must include all supporting
documentation;
c. HOME Match Log is due with each request for reimbursement.
d. HOME Completion Reports are due no later than thirty (30) days after final
payment is requested. HOME Completion Reports must include all required
documents as described in this Agreement. Within ten (10) business days of
receiving the HOME Completion Report, the County will enter project completion
into the HUD Exchange Integrated Disbursement and Information System (IDIS).
e. Initial Request for Reimbursement form with required documentation for each
activity is due within 45 (forty-five) days of submitting a HOME Setup Report and
no later than 90 (ninety) days thereafter. After the initial request for reimbursement,
subsequent requests shall be submitted monthly until project is completed.
f. Other HUD-required reporting data as applicable.
F. DEOBLIGATION
The County may reduce funds from the funding award evidenced by this Agreement, under the
following circumstances:
1. The Subrecipient completes performance under the Work Statement without using all funds
provided by the County under this Agreement;
2. This Agreement expires all funds are expended;
3. The County’s original allocation was a loan and the Subrecipient paid the loan;
4. Cancelled or changed a Program required under the Work Statement for reasons other than
non-performance;
5. This Agreement has otherwise been terminated. The County may de-obligate funds under
this Agreement under the foregoing circumstances upon written notice to the Subrecipient.
G. REDUCTION IN FUNDS
The County may reduce funds from the amount of the funding award evidenced by this Agreement,
under the following circumstances:
1. The County determines that the Subrecipient failed to use the funds provided by the
County under this Agreement in compliance with the terms and conditions outlined herein;
or
2. the Subrecipient fails to perform in accordance with the performance obligations set forth
in the Statement of Work and Project Schedule or the terms of this Agreement. The
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SECTION II SPECIAL PROVISIONS
County may reduce funds under this Agreement under the foregoing circumstance upon
written notice to the Subrecipient.
H. REPAYMENT OF FUNDS
Subrecipient agrees to repay funds provided under this Agreement in compliance with the terms of
this Agreement or the requirement of applicable laws and regulations. This repayment obligation
extends to but is not limited to questioned costs identified in HUD monitoring or Single Audit and
repayments required by HUD for failed projects during the period of affordability for projects
financed under this agreement. The County may specify in writing, the terms of the repayment or
alternative terms in lieu of repayment however in no case shall repayment or alternative terms be
accomplished later than one hundred eight (180) days following the written determination of
noncompliance by the County.
I. FUNDS REMAINING AT EXPIRATION
Upon expiration of the Agreement, the Subrecipient shall transfer to the County any unexpended
funds advanced to the Subrecipient by the County under this Agreement.
J. ADMINISTRATIVE REQUIREMENTS
In accordance with federal regulations, including 24 CFR § 92, et seq., the County is responsible for
ensuring the administration of HOME Program Funds in accordance with all program requirements.
1. FINANCIAL RECORDS: Subrecipient accounting system and financial records shall
comply with the applicable requirements and standards of 2 CFR 200, et seq. Such systems
shall be subject to monitoring from time to time by the County or by HUD.
a. The Subrecipient agrees to adhere to accounting principles and procedures, to utilize
adequate internal controls and maintain necessary source documentation for all
costs incurred. The Subrecipient further agrees to maintain an adequate accounting
system that provides for appropriate grant accounting (including calculation of
program income).
b. Subrecipient is to adhere to applicable audit requirements as described and in
accordance with 2 CFR 200, et seq. In addition, all Subrecipients must provide annual
single-audit reports or annual audited financial statements to the County.
2. DOCUMENTATION AND RECORD KEEPING:
a. Records to be Maintained – The Subrecipient shall maintain all records required by
the Federal regulations specified in 24 CFR § 92.508 that are pertinent to the
activities to be funded under this Agreement. Such records shall include, but not be
limited to records:
i. Demonstrating that the Subrecipient is and remains a qualified
Subrecipient;
ii. Providing a full description of each project undertaken and its impact;
iii. Required determination of the eligibility of activities;
iv. Documenting compliance with the fair housing and equal opportunity
components of the HOME program;
v. Financial records as required by 24 CFR Part 570.502, 2 CFR 200, et seq.
and OMB Circulars;
vi. Other records necessary to document compliance with HOME
requirements;
vii. Supporting documentation that the Subrecipient has maintained client data
demonstrating that the clients served meet the income and other criteria
required by federal law and that no unlawful discrimination occurs in the
solicitation or selection process of low income persons or groups and that
no conflict of interest exists.
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SECTION II SPECIAL PROVISIONS
viii. Demonstrating compliance with applicable Federal, State and local laws and
regulations, including compliance with ARS § 1-501 and § 1-502
(Attachment A).
b. Outcome Measures – The Subrecipient shall maintain data that supports the
accomplishment of the desired outcomes as indicated in the Work Statement.
c. 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.
d. Program Activity Reports – Such reports as required by the County, including, but
not limited to HOME Setup/Completion Report, Quarterly Performance Reports,
and other HUD-required reporting data as applicable shall be submitted.
e. Audits and 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.
The Subrecipient hereby agrees to have an Annual Audit. The Annual Audit
requirement is applicable to all levels of funding received by Subrecipient via this
Agreement, even if the level of funding is less than the current thresholds cited in 2
CFR 200.501
f. Performance Monitoring – The County shall monitor the Subrecipient to determine
if HOME-funded activities are implemented and administered in accordance with 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 shall constitute non-
compliance with this Agreement. Non-compliance is a violation of this Agreement
and may result in the withholding of future payments.
g. Policy/Administrative Manuals Use – Subrecipient agrees to be familiar with and
comply with the policies/procedures established in the TBRA Administrative Plan.
Noncompliance with the TBRA Administrative Plan shall constitute a breach of
Agreement.
K. THE SUBRECIPIENT CERTIFIES
1. That it possesses legal authority to execute this Agreement.
2. That its governing body has duly adopted or passed as an official act, a resolution, motion,
or similar action authorizing the person identified as the official representative of the
Subrecipient to execute this Agreement and to comply with the terms of this Agreement.
3. That the activity described shall be carried out and services administered in compliance with
all federal laws and regulations.
L. ADDITIONAL CERTIFICATIONS, WARRANTIES, AND AGREEMENTS
1. The Parties to this Agreement agree that they will utilize and make available the HOME
funds in conformity with the non-discrimination and equal opportunity requirements set out
in the HUD regulations in the National Housing Affordability Act. These regulations listed
in 24 CFR §§ 92.350-92.454 include:
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Maricopa County Human Services Department

SECTION II SPECIAL PROVISIONS
a. The requirements of the Fair Housing Act, 42 CFR §§ 3601-20, and implementing
regulations at 24 CFR Part 100: Executive Order 11063 (Equal Opportunity in
Housing) as amended by Executive Order 12259 (3 CFR, 1958-1963 Come, p. 652
and 3 CFR 1980 Come. p. 307) and implementing regulations at 24 CFR §107: and
Title VI of the Civil Rights Act of 1694, 42 U. S. C. § 2000d, and implementing
regulations at 24 CFR Part 1 (Nondiscrimination in Federally Assisted Programs);
b. Executive Order 13166 entitled “Improving Access to Services for Persons with
Limited English Proficiency” pursuant to Title VI of the Civil Rights Act;
c. The prohibitions against discrimination on the basis of age under the Age
Discrimination Act of 1975 (42 U.S.C. §§ 6101-07) and the regulations at 24 CFR §
146;
d. The prohibitions against discrimination on the basis of handicap under Section 504
of the Rehabilitation Act of 1973 (29 U.S.C. § 794) and implementing regulations at
24 CFR Part 8; and, Americans with Disabilities Act 1990;
e. The requirements of the Executive Order 11246 (Equal Employment Opportunity)
and the regulations issued under the Order at 41 CFR Chapter 60 (3 CFR §§ 1964-
65, Come, p. 339);
f. The requirements of Section 3 of the Housing and Urban Development Act of
1968,
g. The requirements of the Housing and Urban Development Equal Access Rule (24
CFR Part 5 Final Rule 5863) to ensure equal access to housing and services
regardless of gender identity.
2. The Parties to this Agreement agree that they will prepare and adopt acceptable procedures
and requirements for affirmatively marketing HOME units.
3. HOME funds may not be used for operations or modernization of public housing projects
financed under the Housing Act of 1937.
4. The Parties to this Agreement agree to abide with the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970 (URA) (42 U.S.C. §§ 4291-4655) and the
governmental implementing regulations at 49 CFR Part 24 as they apply to this HOME
Program.
5. The Parties to this Agreement agree to abide with the Davis-Bacon Act (40 U.S.C. § 276a-5)
and the Agreement Work Hours and Safety Standards Act (40 U.S.C. §§ 327-333).
6. The Parties to this Agreement agree to abide by the Flood Disaster Protection Act of 1973
(42 U.S.C. §§ 4001-4128) as they apply to this HOME Program.
7. The Parties to this Agreement agree to abide by the Drug-Free Workplace Act of 1988 as it
applies to the HOME Program.
8. Housing assisted with HOME funds constitutes HUD-assisted housing for the purposes of
the Lead-Based Paint Poisoning Prevention Act (42.U.S.C. § 4821. et seq.) and is therefore
subject to 24 CFR Part 35.
9. No person who is an employee, agent, consultant, officer or elected official, or appointed
official who exercise or have exercised any functions or responsibilities with respect to
activities assisted with HOME funds or who are in a position in a decision making process
or gain inside information with regard to these activities, may obtain a financial interest or
benefit from a HOME assisted activity, either for themselves or those whom they have
family or business ties, during their tenure or for one year thereafter.
10. The Subrecipient warrants that it is in compliance with A.R.S. § 41-4401 and further
acknowledges
a. That the Subrecipient and its subcontractors/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 (A);
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Maricopa County Human Services Department

SECTION II SPECIAL PROVISIONS
b. That a breach of a warranty under subsection a above, shall be deemed a material
breach of the Agreement that is subject to penalties up to and including termination
of the contact;
c. That the County retains the legal right to inspect the employment papers of any
Subrecipient or vendor’s employee who works on the Agreement to ensure that the
Subrecipient or vendor is complying with the warranty provided under subsection a
above and that the Subrecipient agrees to make all papers and employment records
of said employee(s) available during normal working hours in order to facilitate such
an inspection; and
That nothing herein shall make any Subrecipient, or vendor an agent or employee of the County.
M. THE COUNTY CERTIFIES
1. That the public purpose is served by the financial participation of the County in the
Statement of Work.
2. That the HOME Program funds designated for the Statement of Work constitutes
reasonable and prudent assistance necessary for completion of the Program.
N. PROGRAM COMPLETION
Upon completion of the Work Statements, all unspent HOME resources shall be forfeited to the
County for reallocation as defined by Maricopa HOME Consortium Policies and Procedures. The
Subrecipient shall continue to be responsible for compliance activities until all HOME requirements
and contractual obligations are met including affordability restrictions. The Subrecipient obligation
shall not end until all close-out requirements are completed. The County will notify the Subrecipient
in writing that a Completion Report is due to the County within sixty (60) days of one of the
following occurrences:
1. Funds have been expended for the activity;
2. The Work Statement has been completed;
3. The Agreement period set forth in this Agreement has expired; or
4. The Agreement has otherwise been terminated.
Following the receipt and approval of the Completion Report for the activity, the County will notify
the Subrecipient in writing that each activity is closed. In compliance with 24 CFR 92.502(d) all
project completion data shall be entered in HUD’s Integrated Disbursement and Information System
(IDIS) within 120 days of the final drawdown for all activity types. The County shall provide the
Subrecipient with notice of the same upon entering all project completion data in IDIS. Project
completion means the activity complies with HOME requirements and the final draw has been
disbursed; and the project completion data entered into IDIS.
O. FAILURE TO MAKE PROGRESS
1. Failure of the Subrecipient to make progress according to the Work Statement may result in
Agreement termination, deobligation of funds or recapture of funds. Subrecipient agrees to
meet with the County at the site in which the funded activity is taking place to discuss
progress and allow the County to provide technical assistance if:
a. The Subrecipient fails to commit funds to the TBRA activity in performance of and
in accordance with the terms of this Agreement within twelve (12) months from the
execution date the County executes this Agreement. Commit for the purposes of
this paragraph shall have the same meaning as 24 CFR 92.2(2)(i)-(iii);
b. The Subrecipient fails to expend HOME funds in performance of and in
accordance with the terms of this Agreement by date of contract termination.
2. The County will terminate any Agreement and recapture funds from the same Agreement in
which the Subrecipient does not timely perform the activities described above or in the
milestones in the Statement of Work of this Agreement. The County in its sole discretion
may forgo providing technical assistance and recapture funds as outlined in this Agreement
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Maricopa County Human Services Department

SECTION II SPECIAL PROVISIONS
under Section I hereof and/or terminate the Agreement for cause pursuant to Section I of
this Agreement.
3. In the event that a project is not completed within two years from the date that the County
executes this agreement, the Subrecipient must repay the HOME funds unless the
Subrecipient requests and the Consortium grants an amendment to the Agreement prior to
ninety (90) days of Agreement expiration.
P. GENERAL CONDITIONS
1. It is expressly understood by the parties hereto that this Agreement has been negotiated and
executed in anticipation of receipt of funds by the County from HUD pursuant to the
HOME Program and that therefore, the terms, conditions and sums payable under this
Agreement are subject to any changes or limitations which may be required by HUD and the
HOME Program regulations. Notwithstanding any other provisions of this Agreement, any
payment to Subrecipient by County under this Agreement is contingent upon the actual
receipt of funds from HUD.
2. The parties acknowledge that no member of the governing body, nor any employee of the
County who exercises any functions or responsibilities in connection with the carrying out of
the activity to which this Agreement pertains, has any personal interest direct or indirect in
this Agreement.
3. The County may amend this Agreement at any time provided that such amendments make
specific reference to this Agreement and are executed in writing, signed by a duly authorized
representative of both organizations. Such amendments shall not invalidate this Agreement
nor relieve or release the County or Subrecipient from its obligations under this Agreement.
Amendments shall be filed with the original Agreement.
4. Changes – The County may, at any time, by written Change Order/Administrative Change
executed by the Human Services Department Director, make changes within the general
scope of this Agreement in any one or more of the following areas:
a. Work Statement activities which:
i. Do not increase or decrease the amount of total Agreement funding;
ii. Modify the project timeline as long as the last day of the project timeline is
within the end date of the Agreement; or
iii. Modify terms consistent with any change to the Work Statement required
by Federal, State, or County regulations ordinances or policies.
b. 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.
c. The County may increase or decrease funding resulting from a reallocation pursuant
to a majority vote of the Consortium members with the agreement of both Parties;
provided the change in funding is approved by an Amendment as referenced in
Section I. paragraph D.
5. The invalidity in whole or in part of any provision of this Agreement shall not void or affect
the validity of any other provision of this Agreement.
6. Subrecipient agrees to be familiar with, update as necessary, and comply with the
policies/procedures established in the most recent HOME TBRA Administrative Manual.
Non-compliance with the HOME TBRA Administrative Manual shall constitute a breach of
Agreement.
7. Subrecipient agrees to give all notices and comply with all laws, ordinances, and rules,
building codes, regulations and lawful orders of any public authority bearing on the
performance of activities pursuant to this Agreement. If the Subrecipient observes that any
of the Agreement documents are in conflict with any laws, statutes, building codes and/or
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Maricopa County Human Services Department

SECTION II SPECIAL PROVISIONS
regulations, it shall promptly notify the County, in writing, and any necessary changes shall
be accomplished by appropriate written modification.
8. Should the Subrecipient perform any work knowing it to be contrary to applicable laws,
ordinances, rules, building codes and/or regulations, it shall assume full responsibility,
therefore, and shall bear all cost incurred due to its negligence. Any dispute not disposed of
by mutual agreement by the parties hereto shall be decided in accordance with the applicable
Arizona laws, ordinances, and codes of the state and local governments.
9. Acknowledge the contribution of the County HOME Program in all published literature,
brochures, programs, flyers, etc., during the term of the Agreement.
10. Execute and abide by Certifications mandated by HOME Program requirements as listed in
HOME Certifications.
Q. REVERSION OF ASSETS
Upon expiration of this Agreement, the Subrecipient must transfer to the County any HOME funds
on hand at the time of expiration and any accounts receivable attributable to the use of HOME
funds. Unexpended funds must be deobligated and returned to the County for reallocation. At the
expiration of this Agreement, the County, upon recommendation of the Maricopa HOME
Consortium, may reallocate any unencumbered funds per the Consortium reallocation policy, as
stated in the Maricopa HOME Consortium Intergovernmental Agreement -Three Year Cooperative
Agreement. A written letter to deobligate funds will be sent to the Subrecipient from the County a
minimum of ninety (90) days prior to termination of Agreement.
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Maricopa County Human Services Department

Section III Work Statement
SECTION III
WORK STATEMENTS
MARICOPA COUNTY
HUMAN SERVICES DEPARTMENT

Section III Work Statement
MARICOPA COUNTY
HOME Investment Partnerships Program
FY 2017-2018
DUNS #:124257895
Program Year: FY 2017-2018
Project: Tenant Based Rental Assistance
A. DETAILED SCOPE OF WORK:
Include the following-
1. Consolidated Plan goals as it relates to this activity, include the priority rating i.e. High, Low
 High
2. Type of assistance/activity to be provided with HOME funds:
 Tenant Based Rental Assistance
B. OBJECTIVES AND OUTCOMES (Check appropriate box below.):
OUTCOMES
AVAILABILITY/
AFFORDABILITY SUSTAINABILITY
ACCESSIBILITY
Homebuyer Activities,
Single Family Acquisition/Rehab of rental housing,
DECENT Housing Rehab and Acquisition/New Construction of rental Housing Activities in a
HOUSING Emergency Rehab, housing, Preservation of existing public targeted revitalization
Homebuyer housing units and TBRA, Expansion of area
Assistance assisted rental units in the private
marketplace
C. LOGIC MODEL: PERFORMANCE INDICATORS:
INPUTS/RESOURCES ACTIVITIES OUTPUTS OUTCOMES IMPACT
In order to accomplish In order to address Once completed, When Long term
proposed activities, the the issue, the these activities will completed, these changes:
subrecipient will need the subrecipient will produce the activities will lead
following: conduct the following: to the following
following activities: changes:
HOME funding Tenant Based Homelessness will be Understanding Self-sufficiency
Rental Assistance prevented by of the underlying and housing
providing decent, issues that stabilization
affordable rental contributed to
housing for families loss of housing
in need
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Maricopa County Human Services Department

Section III Work Statement
D. PROPOSED BENEFICIARIES:
Targeted Population by Number of Total Number Number of
Income Level Households of Units HOME Assisted
Units in program
(if rental)
Households at or below 50% 20 20 20
Households at or below 60%
Households at or below 80%
TOTAL 20 20 20
E. PERFORMANCE REPORTING GOALS-TIMELINE OF ACTIVITIES:
START
TBRA MILESTONES
DATE
HOME Contract signed by BOS TBD
Environmental Program Clearance performed by Within 30 days of
Maricopa County Housing and Human Services the execution of
Department this Agreement
Application Intake-Certification of Income Eligibility and Ongoing
background check for all applicants
Initial HQS Property Inspection Ongoing
Within one year of
the execution of
Unit Occupied by Low/Moderate Income Person/Family this Agreement
Home Set up Report to County Within 30 days of
occupied units
Completion Report submitted to County Within 30 days of
final draw request
F. ACTIVITY BUDGET SUMMARY:
Budget will be evaluated quarterly by HSD and HAMC as program progresses in order to
adjust funds between approved line items below.
Expense Category HOME Funds
Client Certification $58,000
Background Checks $400
HQS Inspections $12,000
Client Recertification $29,000
Move-In Deposits, Fees Utility Cost $29,000
Rental Subsidies $177,600
Utility Allowance $24,000
TOTAL $330,000
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Maricopa County Human Services Department

Section III Work Statement
G. MATCH:
IDENTIFY MATCH SOURCES AND AMOUNTS THAT HAVE BEEN COMMITTED TO
THE PROJECT:
Match commitment must equal 25% of the HOME funds requested.
Documentation is due at the time of request for payment(s).
Match Logs must be submitted annually by June 30th of each year.
SOURCE/FUNDING
TYPE TOTAL
AGENCY
Cash or cash equivalents from a
Bridge Program $82,500
non-federal source
Value of waived taxes, fees or
charges associated with HOME
projects
Value of donated land or real
property
Cost of infrastructure
improvements associated with
HOME projects
Percentage of proceeds from
single- or multi-family state
housing bonds
Value of donated materials,
equipment, labor and professional
services—
Sweat equity
TOTALS $82,500

SECTION IV
COMPENSATION
MARICOPA COUNTY
HUMAN SERVICES DEPARTMENT

Section IV Compensation
A. COMPENSATION
1. Subrecipient shall be reimbursed utilizing Catalog of Federal Domestic Assistance (CFDA):
14.239, HOME Investment Partnerships Program provided to the County through the U.S.
Department of Housing and Urban Development (HUD).
2. 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.
B. METHOD OF PAYMENT
1. Subrecipient agrees to submit monthly reimbursement requests utilizing the approved
Reimbursement Request Form (Attachment A) to County. Subrecipient may request funds
only after the Subrecipient has satisfied the funding contingencies and federal
Environmental Review conditions and has a written agreement in place for project activities.
Request for reimbursement must be made using the Request for Reimbursement form
incorporated in this Agreement.
2. Subrecipient may not request disbursement of funds under this Agreement until the funds
are needed for payment of eligible costs. The amount of each request must be limited to the
amount needed. Program income must be disbursed before the Subrecipient requests funds
from the County.
3. Subrecipient must maintain proof of said expenditures including checks, payrolls, time
records, invoices, contracts, vouchers, orders and other accounting documents evidencing in
proper detail the nature and propriety of the respective charges as may be required by
applicable federal rules and regulations, including requirements by the Federal Office of
Management and Budget, and as may otherwise be reasonably required by the County to
determine or confirm that any such expenditures are pursuant and within the scope of work.
C. TIMELINESS
Subrecipient will submit Requests for Reimbursements to the County at least monthly after the initial
request for reimbursement. 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 fiscal year.
D. REIMBURSEMENT
The County shall provide financial assistance in an amount not to exceed Three Hundred Thirty
Thousand Dollars ($330,000) subject to the terms of this Agreement and availability of funds. This
Agreement price constitutes the County entire participation and obligation in the performance and
completion of all work to be performed under this Agreement.
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Maricopa County Human Services Department

SECTION V
ATTACHMENTS & FORMS
MARICOPA COUNTY
HUMAN SERVICES DEPARTMENT

Section V Attachment & Forms
Attachment A
SUBRECIPIENT CERTIFICATION
In accordance with the provisions of the Home Investment Partnerships Act, including 24 CFR 92.150, and
the applicable statutes and regulations governing the Consolidated Plan, the Subrecipient certifies that:
(A) Before committing any funds to a activity, the Subrecipient will evaluate the activity in accordance
with 24 CFR 92.504 and the guidelines that it adopts for this purpose and complete all assessments
required by the rules, including, but not limited to:
1. Complete all income determinations, underwriting and subsidy layering guidelines,
rehabilitation standards, refinancing guideline, homebuyer program policies and affordability
requires; and
2. The Subrecipient will not invest any more HOME funds in combination with other Federal
assistance than is necessary to provide affordable housing.
(B) The Subrecipient will only utilize HOME funds to pay for eligible activities and costs of those
activities permitted in 24 CFR 92.205 through 92.209 and not specifically prohibited under 92.214.
(C) The Subrecipient understands tenant-based rental assistance is an element of the Consolidated Plan.
However, tenant-based rental assistance must be approved as part of an original application for
project funding.
(D) The submission of the program description is authorized under State and local law (as applicable),
and that the Subrecipient possesses the legal authority to carry out the Home Investment
Partnerships (HOME) Program, in accordance with the HOME regulations;
(E) The Subrecipient will comply with the acquisition and relocation requirements of the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, implementing
regulations and the requirements of 24 CFR 92.353;
(F) 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
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Maricopa County Human Services Department

Section V Attachment & Forms
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 through 6.
(G) Subrecipient 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 HOME programs.
(H) Subrecipient must adopt and follow affirmative marketing procedures and requirements. Affirmative
marketing steps consist of actions to provide information and otherwise attract eligible persons in the
housing market area to the available housing without regard to race, color, national origin, sex,
religion, familial status, or disability. If the Subrecipient's written agreement permits the program to
limit tenant eligibility or to have a tenant preference in accordance with 24 CFR §92.253(d)(3), the
Subrecipient must have affirmative marketing procedures and requirements that apply in the context
of the limited/preferred tenant eligibility for the project.
The affirmative marketing requirements and procedures adopted must include:
1. Methods for informing the public, owners, and potential tenants about Federal fair housing laws
and the jurisdiction's affirmative marketing policy (e.g., the use of the Equal Housing
Opportunity logotype or slogan in press releases and solicitations for owners, and written
communication to fair housing and other groups);
2. Requirements and practices each owner must adhere to in order to carry out the Subrecipient's
affirmative marketing procedures and requirements (e.g., use of commercial media, use of
community contacts, use of the Equal Housing Opportunity logotype or slogan, and display of
fair housing poster);
3. Procedures to be used by owners to inform and solicit applications from persons in the housing
market area who are not likely to apply for the housing program or the housing without special
outreach (e.g., through the use of community organizations, places of worship, employment
centers, fair housing groups, or housing counseling agencies);
4. Records that will be kept describing actions taken by the Subrecipient and owners to
affirmatively market the program and units and records to assess the results of these actions; and
5. A description of how the Subrecipient will annually assess the success of affirmative marketing
actions and what corrective actions will be taken where affirmative marketing requirements are
not met.
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Maricopa County Human Services Department

Section V Attachment & Forms
(I) To the best of its knowledge and belief:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
County, to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal loan, the entering into
of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal grant, loan, or cooperative agreement;
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 this Federal grant, loan, or cooperative agreement, the
Subrecipient will complete and submit Standard Form-LLL, "Disclosure of Lobbying
Activities," in accordance with its instructions; and
3. The Subrecipient will require that the language of paragraphs 1 and 2 of this anti lobbying
certification be included in the award documents for all subawards at all tiers (including
subcontracts, subgrants, and agreements under grants, loans, and cooperative agreements)
and that all Vendors shall certify and disclose accordingly.
(J) The Subrecipient shall, upon proper notice or with knowledge obtained by itself or others, take any
and all proactive actions necessary, and provide any and all applicable remedies to address and
correct any act by itself, its employees, officials, successors, assigns, subrecipients, or vendors that
resulted in any wrongdoing (intentional or unintentional); misuse or misappropriation of funds; the
incorrect or improper disposition of funds; any violation of any federal, state, or local law, rule, or
regulation; or the breach of any certification or warranty provided in this Agreement.
Signature Date
Gloria Munoz, Executive Director, HAMC
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Maricopa County Human Services Department

Section V Attachment & Forms
Attachment B
Request for Reimbursement Form- Page 1
Maricopa HOME Consortium Subrecipient Contract REQUEST FOR REIMBURSEMENT
FY: Reimbursement #:
MARICOPA COUNTY HUMAN SERVICES DEPT REQUEST FOR REIMBURSEMENT SUMMARY PAGE 1 OF 2
Subrecipient Name Date
Contract No Reporting Category
Subrecipient Address Contract Amount $ -
Contact Person Contract Balance $ -
Phone Email Contract Start
County Vendor# Contract End
Itemized Payment Statement (Page 2 of 2) must accompany this form. See Page 2 for Draw Types and Activity Codes. Actual receipts, invoices, bank statements or
copies of such items MUST be included to process this request.
a b c d e. f g h i j
Draw Type Activity IDIS PI Receipted IDIS Actvity Amount Amount Remaining Final Draw for
(EN,CR Code Act No. Address in IDIS Setup Amt. ($) Expended Requested Balance Activity Y/N
$ - $ - $ -
$ - $ - $ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
Total $ - $ - $ - $ -
Recipient Authorized Signature Date Title
Recipient Authorized Signatory certifies that all activities undertaken by the contractor with funds provided under this contract have been carried
out in accordance with the contract. Attach wiring information if not previously submitted. Attach alternate mailing address if necessary.
Performance Reports Current Not Current
Match Report Current Not Current For MCHSD Use
MCHSD Sr. Grants Acct Approval Only
MCHSD Project Coordinator Approval Date MCHSD Assistant Director Approval Date
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Maricopa County Human Services Department

Section V Attachment & Forms
Request for Reimbursement Form-Page 2
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Maricopa County Human Services Department

Section V Attachment & Forms
Attachment C
HOME Funds Match Certification Form
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Maricopa County Human Services Department

Section V Attachment & Forms
Attachment D
2017 HOME Income and Rent Limits
(TBRA Program Eligible for HAMC HCV Rent Limits)
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Maricopa County Human Services Department