GUADALUPE CDC HOME AGREEMENT.PDF

DEVELOPER AGREEMENT
FOR SERVICES BETWEEN
MARICOPA COUNTY
ADMINISTERED BY ITS
HUMAN SERVICES DEPARTMENT
AND
GUADALUPE COMMUNITY DEVELOPMENT CORPORATION (GCDC)
A COMMUNITY HOUSING DEVELOPMENT ORGANIZATION (CHDO)
Contract Amount: $240,000
Contract Start Date: April 1, 2016
Contract Termination Date: June 30, 2018
Contract Number:
Program Number:
CFDA Number: 14.239, HOME Investment Partnerships Program
This Agreement is entered into by and between the Guadalupe Community Development Corporation
(GCDC), a Community Housing Development Organization (hereinafter referred to as the “CHDO”), and
Maricopa County, administered by its Human Services Department, (hereinafter referred to as the “County”).
The CHDO and County are collectively referred to herein as the “Parties” and individually as a “Party.”
The County shall provide financial reimbursement in a contract amount up to Two Hundred Forty Thousand
dollars ($240,000) 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 CHDO 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 CHDO that
are established by the HOME Program and applicable HUD regulations. This includes, but is not
limited to, disposition of project proceeds; financial record management; reporting requirements; and
CHDO 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 CHDO, method of
payment, terms of reimbursement, conditions-prior to the release of funds.
Section V – Forms-- Contains the Request For Reimbursement Form; Maximum Subsidy Limits;
HOME Funds Match Certification Form, Sample Deed of Trust and Promissory Note.
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CHDO
Guadalupe Community Development Corporation
Representative: Gary Smith, CHDO Executive Director
Phone: 480-248-9656
E-mail: guadcdc@cox.net
Address: 5933 E. Calle Milagros, Guadalupe, AZ 85283
Maricopa County
Representative: Amy Jacobson, Assistant Director Community Development
Phone: 602-372-1528
E-mail: jacobsona@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 CHDO in any State or federal court.
IN WITNESS THEREOF, the Parties have signed this Agreement:
Approved By: Approved By:
Guadalupe Community Development Corporation Maricopa County
Authorized Signature Clint L. Hickman, Chairman, Board of Supervisors
Date Date
Attested to:
Clerk, Board of Supervisors
Date
In accordance with A.R.S. §§ 11-201, and 11-251, this Agreement has been reviewed by the undersigned
Deputy County Attorney, and 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:
___________
Attorney for the Board of Supervisors Date
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SECTION I
GENERAL PROVISIONS
MARICOPA COUNTY HUMAN SERVICES DEPARTMENT
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Section I General Provisions
A. 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.
B. DEFINITIONS
As used throughout this Agreement, the following terms shall have the following meanings:
1. Administrator means the Lead Agency or Department listed on the Cover Page of this
Agreement responsible for administering the Agreement.
2. Agreement means this Contract for Services, which includes the General Provision, Special
Provisions, Work Statement, Forms, Compensation, and all applicable attachments, exhibits,
appendix, and any laws, rules, or regulations incorporated by reference.
3. 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.
4. Assistant Director means the Director of a specific Division within the Human Services
Department.
5. 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.
6. Board of Supervisors (BOS) means the Maricopa County Board of Supervisors.
7. CHDO is a community housing development organization, a private non-profit organization
that meets organization that meets the requirements under 24 CFR part 92.300 listed on the
Cover Page of this Agreement.
8. CHDO Project Proceeds means funds resulting from the sale of CHDO-developed
homeownership housing; permanent financing of a CHDO project that is used to pay off a
CHDO-financed construction loan; the principal and interest payments from a loan to a buyer
of CHDO-developed homeownership housing; or sale of CHDO-sponsored rental housing to
a second non-profit. For purposes of this Agreement, CHDO may retain project proceeds for
use on HOME-eligible activities other low-income housing activities, as required by 24 CFR
92.300.
9. Commitment requirements include ensuring that (1) there is an approved ER from the
County; (2) all necessary financing has been secured; (3) a budget and schedule has been
established; (4) underwriting is complete; and (4) construction is scheduled to start within 12
months. Additionally, when the HOME funded activity is for acquisition of standard housing
(for homeownership or rental), a sales contract is required before the funds may be committed.
The HOME funds are committed when the project is set up in the Integrated Disbursement
and Information System (IDIS).This Agreement does not constitute a commitment.
10. Department means the Maricopa County Human Services Department Community
Development Division as Lead Agency/Administrator.
11. Developer/Subcontractor means a non-profit or for-profit organization carrying out HOME
related project activities as described in the written agreement between the County and the
Developer.
12. Director means the Director of the Maricopa County Human Services Department.
13. Division means the Community Development Division of the Human Services Department.
14. Fidelity Bond means a bond to indemnify the CHDO against losses resulting from fraud or
lack of integrity, honesty or fidelity of one or more employees, officers or other persons
holding a position of trust.
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Section I General Provisions
15. Five Year Consolidated Plan means the HUD required Consolidated Plan submitted by the
County as the lead agency for the Maricopa HOME Consortium.
16. HOME means HOME Investment Partnerships Program.
17. Minority Business Enterprise (MBE) means an entity which is majority owned or
controlled by a socially and economically disadvantaged individual as described by Public
Law 95-507.
18. Women’s Business Enterprise (WBE) means an entity in which a woman has majority
ownership and control.
19. Payment Bond means a bond executed to assure payment as required by law of all persons
performing work or providing materials in the execution of work provided in this Agreement.
20. Performance Bond means a bond executed to secure fulfillment of all of the CHDO's
obligations under this Agreement.
21. Project Coordinator means the liaison between the Department and the CHDO that is
responsible for contract monitoring and technical assistance.
22. Projects means rehabilitation or new construction as described in a legally binding agreement
between the CHDO and the prospective owners or beneficiaries of the HOME funds for
which all necessary financing has been secured and budgeted and for which an acquisition,
construction and/or rehabilitation schedule has been established, and underwriting has been
completed and otherwise complies with CFR Part 92.2(2) and 92.2 (A) and (B).
23. Public Agency has the meaning prescribed by A.R.S. § 11-951.
24. Subcontract means any contract entered into by the CHDO with a third party for
professional services performance of any of the work or provision of any of the services
covered by this Agreement.
25. Subcontractor means an entity funded through the CHDO to provide any work or services
required by the Work Statement.
26. Vendor means an entity funded through the CHDO to provide services required by the Work
Statement.
27. Work Statement means the section of this Agreement that contains a description of services
to be delivered pursuant to this Agreement.
C. 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 CHDO 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 CHDO is an 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. CHDO 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 CHDO's organization or with which CHDO (or
one of its directors, officers, owners, trust certificate holders or a relative thereof) has a
substantial interest, unless CHDO 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
D. ACCEPTANCE OF FUNDS
CHDO 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 CHDO received a written
waiver of this requirement by the County.
E. AMENDMENTS
All amendments to this Agreement shall be in writing, signed by authorized signers for both Parties,
and be requested to the County no later than ninety (90) days prior to contract expiration.
F. 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 Maricopa County. The
CHDO 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.
G. 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 CHDO, 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
CHDO 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 Board of Supervisors may amend, suspend, decrease, or terminate its
obligations under or in connection with this Agreement. In the event of termination, the
County shall be liable for payment only for services rendered prior to the effective date of the
termination, provided that such services performed are in accordance with the provisions of
this Agreement. The County shall give written notice of the effective date of any suspension,
amendment, or termination under this section at least ten (10) calendar days in advance.
H. BUDGET ADJUSTMENTS
CHDO must receive prior written approval from the County to move funds from one Budget Activity
Line Item to another. Budget adjustments that do not change the Contract Amount may be
documented by an Amendment signed by the Director and the CHDO’s Representative. If the County
agrees to the budget adjustments that increase the Contract Amount, the County shall follow section E
of this Agreement to amend this Agreement. Any requests for reasonable budget adjustments must be
submitted six (6) months prior to the expiration of this Agreement. Requests for adjustments to this
Agreement must be supported by appropriate documentation. The CHDO shall not retain any funds
drawn down in excess of immediate cash needs (to be used within 15 days of draw down) to cover
subsequent requests for reimbursement, and must return them to the County within 30 days of
receipt. The CHDO 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.
I. 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 Contract
Administrator, if one has been appointed, or, if not, with the County Procurement Officer
within ten (10) working days from the date Contractor knew or should have known of the
basis of the dispute. The County or County Procurement Officer, as applicable, shall respond
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Section I General Provisions
in writing to Contractor within fourteen (14) working days. The decision of the County or
County Procurement Officer shall be final and conclusive unless, within seven (7) working
days from the date Contractor is served with the decision, Contractor files a written notice of
appeal with the County’s Chief Procurement Officer, who shall provide Contractor with a
written response within fourteen (14) working days following receipt of Contractor’s notice of
appeal. The decision of the County’s Chief Procurement Officer shall be final and not
appealable.
3. Pending a final decision of the County’s Chief Procurement Officer, the Contractor shall
proceed diligently with its performance of this agreement in accordance with the Contract
Administrator or County Procurement Officer’s decision.
J. 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 CHDO defaults by
failing to perform any objective or breaches any obligation under this Agreement, or any event
occurs that jeopardizes the CHDO’s ability to perform any of its obligations under this
Agreement. The County reserves the right to have service provided by persons other than the
CHDO if the CHDO 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 recaptured proceeds.
f. Improper disposition of project proceeds.
g. Noncompliance with applicable financial record requirements, accounting principles, or
standards established by 2 CFR 200et 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, CHDO 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 CHDO 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
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subsequent breach of the same or any other term, covenant, condition, law, rule, or
regulation.
5. The CHDO 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.
K. TERMINATION
1. Pursuant to A.R.S. §38-511, the County may cancel this Agreement without penalty or
further obligation within three years after execution of the Agreement, if any person
significantly involved in initiating, negotiating, securing, drafting or creating the Agreement
on behalf of the County is at any time while the Agreement or any extension of the
Agreement is in effect, an employee or agent of any other 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 County may recoup any fee
or commission paid or due to any person significantly involved in initiating, negotiating,
securing, drafting or creating the Agreement on behalf of the County from any other party
to the Agreement arising as the result of the Agreement.
2. Either Party may terminate this Agreement at any time by giving the other Party at least sixty
(60) calendar days prior notice in writing (unless terminated by the Board of Supervisors
under the Availability of Funds provision). The notice shall be given 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
CHDO’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
CHDO violates any term or condition of this Agreement or if CHDO fails to maintain a
good faith effort to carry out the purpose of this Agreement.
6. County or CHDO may terminate this Agreement for convenience in accordance with 2 CFR
§ 200. Both Parties shall agree upon the termination conditions including the effective date
of the termination. The party initiating the termination shall notify the other party in writing
stating the reasons for such termination.
L. 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.
M. STRICT COMPLIANCE
The County’s acceptance of CHDO’s performance that is not in strict compliance with the terms of
this Agreement shall not be deemed to waive the requirements of strict compliance for all future
performance. All changes in performance obligations under this Agreement shall be in writing and
signed by both Parties.
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Section I General Provisions
N. NON-LIABILITY
The County, its officers, representatives, agents and employees shall not be liable for any act or
omission by the CHDO or Vendor or any officer, representative, agent or employee of the CHDO or
Vendor occurring in the performance of this Agreement, nor shall these entities be liable for purchases
or contracts made by the CHDO, Vendor or any officer, representative, agent and employee of CHDO
or Vendor, in connection with this Agreement.
O. INDEMNIFICATION
To the extent permitted by law, the CHDO shall, and shall cause any of its Subcontractors to,
indemnify, defend save and hold harmless Maricopa County, any jurisdiction or agency issuing any
permits for any work arising out of this Agreement, and their respective directors, officers, officials,
agents, and employees (hereinafter referred to as “Indemnitee”) from and against any and all claims,
actions, liabilities, damages, losses, or expenses (including court costs, attorneys’ fees, and costs of
claim processing, investigation and litigation) (hereinafter referred to as “Claims”) for bodily injury or
personal injury (including death), or loss or damage to tangible or intangible property caused, or
alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of CHDO and
any of its Subcontractors, or any of the directors, officers, agents, or employees of CHDO and any of
its Subcontractors. This indemnity includes any claim or amount arising out of or recovered under
the Workers’ Compensation Law or arising out of the failure of the CHDO or any of its
Subcontractors to conform to any federal, state or local law, statute, ordinance, rule, regulation or
court decree. It is the specific intention of the Parties that the Indemnitee shall, in all instances,
except for Claims arising solely from the negligent or willful acts or omissions of the Indemnitee, be
indemnified by the CHDO and any of its Subcontractors from and against any and all claims. It is
agreed that the CHDO and any of its Subcontractors will be responsible for primary loss
investigation, defense and judgment costs where this indemnification is applicable.
P. TECHNICAL ASSISTANCE
The County shall provide reasonable technical assistance to the CHDO to assist in complying with
State and federal laws, regulations, and accountability for diligent performance and compliance with the
terms and conditions of this Agreement and all applicable laws, regulations, and standards. However,
this assistance in no way relieves the CHDO of full responsibility and accountability for its actions and
performance in compliance with the terms of this Agreement.
Q. SINGLE AUDIT ACT REQUIREMENTS
CHDO is subject to the federal audit requirements of the Single Audit Act of 1984, as amended (Pub.
L. No. 98-502) (codified at 31 U.S.C. §§ 7501, et seq.). The CHDO shall comply with 2 CFR 200 et seq,.
Upon completion, such audits shall be made available for public inspection. Audits shall be submitted
within the twelve (12) months following the close of the fiscal year. The CHDO shall take corrective
actions within six (6) months of the date of receipt of the reports. The County shall consider sanctions
as described in 2 CFR 200.505 if it is determined that the CHDO is not in compliance with the audit
requirements.
R. AUDIT DISALLOWANCES
1. The CHDO 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 CHDO 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
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Section I General Provisions
by the CHDO by the amount of the disallowance or to require immediate repayment of the
disallowed amount by the CHDO issuing a check payable to the County.
S. STAFF AND VOLUNTEER TRAINING
The County may make available to the CHDO the opportunity to participate in any applicable training
activities conducted by the County.
T. CLEAN AIR ACT
If the total face value of this Agreement exceeds $100,000, the CHDO 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.
U. LOBBYING
1. No federal appropriated funds have been paid or will be paid by or on behalf of the CHDO 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
CHDO shall complete and submit OMB Form-LLL, titled "Disclosure of Lobbying
Activities," in accordance with its instructions and 31 U.S.C. § 1352.
V. RELIGIOUS ACTIVITIES
The CHDO agrees that none of its costs and none of the costs incurred by any Vendor will include any
expense for any religious activity.
W. POLITICAL ACTIVITY PROHIBITED
None of the funds, materials, property, or services contributed by the County or the CHDO under this
Agreement shall be used for any partisan political activity, or to further the election or defeat of any
candidate for public office.
X. COVENANT AGAINST CONTINGENT FEES
The CHDO 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.
Y. SAFEGUARDING OF PARTICIPANT INFORMATION
The use or disclosure by any Party of any information concerning an applicant for, or recipient of,
services under this Agreement is directly limited to the conduct of this Agreement. The CHDO and its
agents shall safeguard the confidentiality of this information, just as the CHDO would safeguard their
own confidential information. The CHDO shall include a clause to this effect in all Subcontracts.
Z. 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
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other Party, upon request, any available information that is relevant to this Agreement and to the
performance hereunder.
AA. COPYRIGHTS
If this Agreement results in a book or other written material, the author is free to copyright the work,
but the County reserves a royalty-free, nonexclusive, perpetual and irrevocable license to reproduce,
publish, use, and to authorize others to use all copyrighted material and all material that can be
copyrighted as a result of this Agreement.
BB. 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.
CC. CONTRACT COMPLIANCE MONITORING
The County shall monitor the CHDO’s compliance with, and performance under, the terms and
conditions of this Agreement and the applicable federal regulations promulgated by HUD. On-site
visits for compliance monitoring may be made by the County at any time during the CHDO’s normal
business hours, announced or unannounced. During an on-site visit, the CHDO shall make all of its
records and accounts related to work performed and services provided under this Agreement available
to the County for inspection and copying.
DD. CONTINGENCY RELATING TO OTHER CONTRACTS AND GRANTS
1. The CHDO 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 CHDO 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 County may request, and the CHDO will provide within a reasonable time, which shall
not exceed ten (10) working days, a copy of such other agreement or grant, when in the
opinion of County the award of the agreement or grant may affect the costs being paid or
reimbursed under this Agreement.
3. If the County determines that the award to the CHDO of such other agreement or grant has
affected the costs being paid or reimbursed under this Agreement, the County will prepare an
amendment to this Agreement effecting a cost adjustment. If the CHDO disputes the
proposed cost adjustment, the dispute shall be resolved pursuant to the "Disputes" section
contained herein.
EE. MINIMUM WAGE REQUIREMENTS
The CHDO warrants that it shall pay all its employees who are performing work or providing services
under this Agreement not less than the minimum wage specified under Section 206(a)(1) of the Fair
Labor Standards Act of 1938, as amended (29 U.S.C. §§ 201, et seq.) by law and regulation and as
applicable, Executive Order 13658.
FF. RECOGNITION OF DEPARTMENT SUPPORT
The CHDO will give recognition to the Maricopa County and the funding source for its support when
the CHDO publishes materials or releases public information that is paid for in whole or in part with
funds received by the CHDO under this Agreement.
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GG. INSURANCE
1. CHDO, shall 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 A+. 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. CHDO’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. CHDO shall be solely
responsible for the deductible and/or self-insured retention and County, at its option, may
require CHDO 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 CHDO of any deficiencies in such policies
and endorsements, and such receipt shall not relieve CHDO from, or be deemed a waiver of
County’s right to insist on strict fulfillment of CHDO’s 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 CHDO’s work or
service.
9. The CHDO’s policies shall stipulate that the insurance afforded the CHDO shall be primary
insurance and that any insurance carried by the County, its agents, officials, employees or the
State of Arizona shall be excess and not contributory insurance, as provided by A.R.S. § 41-
621 (E).
10. Coverage provided by the CHDO 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 $1,000,000 for each occurrence, $2,000,000
Products/Completed Operations Aggregate, and $2,000,000 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. Automobile Liability:
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Section I General Provisions
a. Commercial/Business Automobile Liability insurance and, if necessary,
Commercial Umbrella insurance with a combined single limit for bodily injury
and property damage of not less than $2,000,000 each occurrence with respect to
any of the CHDO’s owned, hired, and non-owned vehicles assigned to or used in
performance of the CHDO’s work or services under this Contract.
13. Workers’ Compensation:
a. Workers’ Compensation insurance to cover obligations imposed by federal and state
statutes having jurisdiction of CHDO’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. CHDO 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 CHDO pursuant to this Agreement.
14. Sexual Molestation And Physical Abuse:
a. When services involve working with these groups of individuals, the insurance
requirements in the Agreement need to be revised to include coverage for "sexual
molestation and physical abuse". Coverage for this type of claim, or allegation, is
excluded from standard general liability policies. Therefore, CHDO whose services
include working with and/or caring for children/elderly and disabled persons should
have their policies specifically endorsed to include this coverage.
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 CHDO".
Minimum Limits:
General Aggregate $2,000,000
Each Occurrence Limit $1,000,000
Sexual Abuse/Molestation $1,000,000
18. Builder’s Risk (Property) Insurance.
CHDO shall purchase and maintain, on a replacement cost basis, Builders’ Risk insurance and,
if necessary, Commercial Umbrella insurance in the amount of the initial Agreement amount as
well as subsequent modifications thereto for the entire work at the site. Such Builders’ Risk
insurance shall be maintained until final payment has been made or until no person or entity
other than County has an insurable interest in the property required to be covered, whichever
is earlier. This insurance shall include interests of County, CHDO and all of CHDO’s
subcontractors and sub‐subcontractors in the work during the life of the Agreement and
course of construction, and shall continue until the work is completed and accepted by
County. For new construction projects, CHDO agrees to assume full responsibility for loss or
damage to the work being performed and to the structures under construction. For renovation
construction projects, CHDO agrees to assume responsibility for loss or damage to the work
being performed at least up to the full Agreement amount, unless otherwise required by the
Agreement documents or amendments thereto.
a. Builders’ Risk insurance shall be on a special form and shall also cover false work and
temporary buildings and shall insure against risk of direct physical loss or damage
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Section I General Provisions
from external causes including debris removal, demolition occasioned by enforcement
of any applicable legal requirements, and shall cover reasonable compensation for
architect’s service and expenses required as a result of such insured loss and other
“soft costs” as required by the Agreement.
b. Builders’ Risk insurance must provide coverage from the time any covered property
comes under the CHDO’s control and/or responsibility, and continue without
interruption during construction, renovation, or installation, including any time during
which the covered property is being transported to the construction installation site,
and while on the construction or installation site awaiting installation. The policy will
provide coverage while the covered premises or any part thereof are occupied.
Builders’ Risk insurance shall be primary and any insurance or self‐insurance
maintained by the County is not contributory.
c. If the Agreement requires testing of equipment or other similar operations, at the
option of County, CHDO will be responsible for providing property insurance for
these exposures under a Boiler Machinery insurance policy or the Builders’ Risk
Insurance policy.
19. Certificates of Insurance:
a. Upon Agreement execution, CHDO shall furnish the County with valid and complete
certificates of insurance or formal endorsements as required by the Agreement, issued
by CHDO’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, CHDO shall have
insurance in effect as required by the Agreement in the form provided by the
County, issued by CHDO’s insurer(s), as evidence that policies providing the required
coverage, conditions and limits required by this Agreement are in full force and
effect. Such certificates shall be made available to the County upon ten (10) business
days. BY SIGNING THE AGREEMENT PAGE THE CHDO 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 CHDO’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 renewal certificate must be
sent to County fifteen (15) days prior to the expiration date.
20. Cancellation and Expiration Notice:
a. Insurance required herein shall not be permitted to expire, be canceled, or materially
changed without thirty (30) days prior written notice to the County.
b. If the CHDO 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, CHDO shall carry minimum liability coverage of
$2,000,000 each occurrence and provide the County with proof of coverage.
21. Subcontractors:
CHDO’s certificate(s) shall include all subcontractors as insureds under its policies or
CHDO shall furnish to the State of Arizona separate certificates for each subcontractor. All
coverages for subcontractors shall be subject to the minimum requirements identified above.
22. 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.
23. Exceptions:
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Section I General Provisions
In the event the CHDO or sub-contractor(s) is/are a public entity, then the Insurance
Requirements shall not apply. Such public entity shall provide a Certificate of Self-Insurance.
HH. BONDING
1. The CHDO shall not receive any initial reimbursements under this Agreement in an amount
greater than the CHDO's bonding limit. The CHDO shall provide the Contract Administrator
with documentation of required bonding.
2. The CHDO shall have fidelity bonding of not less than the maximum amount of cash on hand
or an amount equal to the initial reimbursement, whichever is greater.
3. Bonding requirements shall prevail throughout the term of this Agreement.
II. GRIEVANCE PROCEDURE
The CHDO shall each establish a system through which applicants for, and recipients of, services may
present grievances and may take appeals about eligibility and other aspects of the CHDO’s work under
this Agreement. The grievance procedure shall include provisions for notifying the applicants for, and
recipients of, services of their eligibility or ineligibility for service and their right to appeal to the County
if the grievance is not satisfied at the CHDO’s level. This system shall include protest procedures for
decisions related to contract awards and requests for reasonable accommodations for persons with
disabilities.
JJ. NONDISCRIMINATION
The CHDO, in connection with any service or other activity under this Agreement, shall not in any
way, discriminate against any person on the grounds of race, color, religion, sex, national origin, age,
disability, political affiliation or belief. The CHDO shall include this clause in all of its Subcontracts.
KK. EQUAL EMPLOYMENT OPPORTUNITY
The CHDO shall not discriminate against any employee or applicant for employment because of race,
age, disability, color, religion, sex, or national origin. The shall each take affirmative action to insure
that applicants are employed and that employees are treated during employment without regard to their
race, age, disability, color, religion, sex, or national origin. Such action shall include, but is not limited
to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment
advertising, lay-off or termination, rates of pay or other forms of compensation, and selection for
training, including apprenticeship. The CHDO shall, to the extent such provisions apply, comply with
Title VI and VII of the Civil Rights Act of 1964, as amended (42 U.S.C. §§ 2000a, et seq.); the
Rehabilitation Act of 1973, as amended (29 U.S.C. §§ 701, et seq.); the Age Discrimination in
Employment Act of 1967, as amended (29 U.S.C. §§ 621, et seq.); the Americans With Disabilities Act of
1990 (42 U.S.C. §§ 12101, et seq.); and Arizona Executive Order 99-4, which mandates that all persons
shall have equal access to employment opportunities.
LL. DISABILITY REQUIREMENTS
CHDO agrees that any electronic or information technology offered under this Agreement shall
comply with A.R.S. §§41-2531 and 2532 and Section 508 of the Rehabilitation Act of 1973, which
requires that employees and members of the public shall have access to and use of information
technology that is comparable to the access and use by employees and members of the public who are
not individuals with disabilities.
MM. FINANCIAL MANAGEMENT
The CHDO 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 CHDO. All interest earned
on the account shall be disposed of in a manner specified by the County in accordance with applicable
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Section I General Provisions
State and federal regulations. The CHDO 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.
NN. RETENTION OF RECORDS
1. This provision applies to all financial and programmatic records, supporting document,
statistical records, and other records of the CHDO that are related to this Agreement.
2. The CHDO shall retain all records related to this Agreement for a minimum of six (6) years
after final payment or until after the resolution of any audit questions, which could be more
than six (6) years, whichever is longer, or for the period of affordability imposed by deed
restrictions. The County, federal and State auditors, and any other persons duly authorized by
the County, shall have full access to, and the right to examine, copy, and make use of any and
all of the records.
OO. ADEQUACY OF RECORDS
If the CHDO’s books, records and other documents related to this Agreement are not sufficient to
support and document that allowable services were provided to eligible participants, the CHDO shall
reimburse the County for the services not supported and documented.
PP. COMPETITIVE BID REQUIREMENTS
1. Equipment
The CHDO 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 CHDO shall keep and maintain a record of the
vendors’ verbal quotations. The CHDO’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 shall be approved by the
County. At least three (3) bidders shall be solicited to submit written quotations. The
CHDO 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
The CHDO shall obtain all supplies to be utilized under this Agreement and purchased with
funds provided under this Agreement at the lowest practical cost and pursuant to a system of
written quotes whenever the price is expected to be greater than $300, unless the CHDO
obtains the County’s prior written approval to purchase supplies by an alternate method.
3. Minority, Women, and Small Business Enterprises
The CHDO 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. 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.
QQ. 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
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Section I General Provisions
otherwise. The costs to repair such property are the responsibility of the CHDO within the limits
budgeted herein. Repair costs beyond the budgeted amount shall be approved by the County.
RR. IMMIGRATION REFORM AND CONTROL COMPLIANCE
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)
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 CHDO or its subcontractor.
2. Arizona Law: The CHDO warrants that it is in compliance with A.R.S. § 41-4401 (e-verify
requirements) and further acknowledges:
a. That CHDO 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 1 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 CHDO or Vendors employee who
works on this Agreement to ensure that the CHDO or Vendors is complying with the
warranty provided under subsection 1 above and that the CHDO agrees to make all
papers and employment records of said employee(s) available during normal working
hours in order to facilitate such an inspection.
SS. DRUG FREE WORKPLACE ACT
The CHDO agrees to comply with the Drug-Free Workplace Act of 1988 (41 U.S.C. §§ 701, et seq.),
which requires that the CHDO and grantees of federal funds must certify that they will provide drug-
free workplaces. This certification is a precondition to receiving a grant or entering into this Agreement.
TT. GOVERNOR’S EXECUTIVE ORDER NO. 88-26
The CHDO is required to use the Arizona Taxonomy of Human Services for reporting and contracting
purposes.
UU. STATUTORY RIGHT OF CANCELLATION
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Section I General Provisions
Notice is given that pursuant to A.R.S. § 38-511, the County may cancel this Agreement without
penalty or further obligation within three years after execution of this Agreement, if any person
significantly involved in initiating, negotiating, securing, drafting or creating this Agreement on behalf
of the County is, at any time while this Agreement or any extension of this Agreement is in effect, an
employee or agent of any other Party to this Agreement in any capacity or consultant to any other Party
of this Agreement with respect to the subject matter of this Agreement. The County may also recoup
any fee or commission paid or due to any person significantly involved in initiating, negotiating,
securing, drafting or creating this Agreement on behalf of this County from any other Party to this
Agreement arising as the result of this Agreement.
VV. EMPLOYMENT DISCLAIMER
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.
The Parties agree that no individual performing under this Agreement on behalf the CHDO 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 CHDO 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.
WW. CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY AND
VOLUNTARY EXCLUSION
The undersigned, by signing and submitting this Agreement has the authority to certify the CHDO to
the terms, representations and/or warrants of this Certification. The CHDO, defined as the primary
participant in accordance with 45 CFR Part 76, certifies to the best of its knowledge and belief that it
and its principals:
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 3-year period preceding this Agreement, been convicted of or had a civil
judgment rendered against them for the commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (federal, State, or
local) transaction or contract under a public transaction; violation of any federal or State
antitrust statutes, or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
3. are not presently indicted or otherwise criminally or civilly charged by a governmental entity
(federal, State, or local) with the commission of any of the offenses enumerated in
subparagraph (b) of this certification; and
4. have not, within a 3-year period preceding this Agreement, had one or more public
transactions (federal, State, or local) terminated for cause or default.
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 any person or organization
that is debarred, suspended, declared ineligible, or voluntarily excluded from participation. The
County may pursue available remedies in the event of such occurrence, including immediate
termination of this Agreement.
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Section I General Provisions
The CHDO shall include, without modification, this Certification’s language, titled “Certification
Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion – Lower Tier Covered
Transactions,” in all agreements with subgrantees and other contractors; in all lower tier covered
transactions, and in all solicitations for lower tier covered transactions in accordance with 45 CFR Part
76.
Should the CHDO not be able to provide this Certification, an explanation as to why shall be
immediately provided to the County, Attention: Community Development Assistant Director, 234 N.
Central Ave., Third Floor, Phoenix, AZ 85004.
XX. CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO
INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS
1. The Parties agree that this Contract and employees working on this Contract will be subject
to the whistleblower rights and remedies in the pilot program on contractor employee
whistleblower protections established at 41 U.S.C. § 4712 by section 828 of the National
Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112–239) and section 3.908 of the
Federal Acquisition Regulation;
2. The CHDO shall inform its employees in writing, in the predominant language of the
workforce, of employee whistleblower rights and protections under 41 U.S.C. § 4712, as
described in section 3.908 of the Federal Acquisition Regulation. Documentation of such
employee notification must be kept on file by the CHDO and copies provided to County
upon request; and
3. The CHDO shall insert the substance of this clause, including this paragraph (3), in all
subcontracts over the simplified acquisition threshold ($150,000 as of September 2013).
XX. COMPLIANCE WITH REQUIREMENTS REGARDING ELIGIBILITY FOR PUBLIC
BENEFITS
The CHDO 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 ARS 1-501 as any grant, contract, loan, professional license, or
commercial license provided by an agency of the United States or by appropriated funds of
the United States; and any retirement, welfare, health, disability, public or assisted housing,
postsecondary education, food assistance, unemployment benefit, or any other similar
benefit for which payments or assistance are provided to an individual, household, or family
eligibility unit by an agency of the United States or by appropriated funds of the United
States.
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 ARS 1-501 and
1-502:
(i) deliver in-kind services at the community level, including through public or private
nonprofit agencies;
(ii) 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
(iii) are necessary for the protection of life or safety.
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SECTION II
SPECIAL PROVISIONS
MARICOPA COUNTY
HUMAN SERVICES
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Section II Special Provisions
A. EFFECT
To the extent that the Section II Special Provisions are in conflict with the Section I General
Provisions, the Special Provisions shall control. To the extent that the Work Statement is in conflict
with the General Provisions or the Special Provisions, then the Work Statement shall control. To the
extent that the Compensation Provisions are in conflict with the General Provisions, Special
Provisions or Work Statement then the Compensation Provisions shall control.
B. STANDARDS
The CHDO shall perform the work and provide the services identified in the Work Statement and
shall immediately notify the County whenever the CHDO 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 Contract. The
CHDO acknowledges that any inability to perform the work and provide the services, or comply
with the standards set forth in this Contract may subject the CHDO to the remedies provided in the
Default and Remedies for Noncompliance established by the General Provisions
C. COMPLIANCE WITH LAWS, RULES & REGULATIONS
This Agreement and the Parties hereto, are subject to all applicable federal, state, or local laws, rules,
and regulations. The CHDO 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.
D. AUDIT REQUIREMENTS
The CHDO shall, at its own expense, file with the Human Services Department, Community
Development Division by March 30th of each year, either audited financial statements prepared in
accordance with federal single audit requirements; or, financial statements prepared in accordance
with generally accepted accounting principles audited by an independent certified public accountant.
E. SPECIAL FEDERAL AND PROJECT PROVISIONS
In accordance with HOME Program regulations, the CHDO agrees to implement the Program fully
as described in each Work Statement in accordance with the terms of the Five-Year Consolidated
Plan and the Annual Action Plan as submitted by the County to HUD for funds to carry out the
Program. The CHDO also agrees to implement the Program according to the Certifications which
were submitted concurrently with the Annual Action Plan to HUD, and with any Cooperation
Agreements between Maricopa County and 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 CHDO shall be responsible to provide various reports of all
activities related to the Work Statement. The CHDO agrees to submit to the County required
reports:
1. Project Proceeds Reports are due quarterly with supporting documentation and
with each Request for Reimbursement.
2. Contract Performance Reports due on the 15th of July, October, January and
April of the preceding three (3) months (i.e. July report cover the months of April,
May and June). Report shall address all programs described in the Work Statement.
Failure to submit timely Agreement Performance Reports will result in suspension
of payment reimbursement requests until all reports are brought current. Agreement
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. Within six (6) months from the date of project
completion, if a rental unit remains unoccupied, the CHDO must provide the
County information about current marketing efforts and, if appropriate, an
enhanced plan for marketing the unit so that it is leased as quickly as possible.
Within 18 months from the date of project completion, if efforts to market the unit
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Section II Special Provisions
are unsuccessful and the unit is not occupied by an eligible tenant, HUD will require
repayment of all HOME funds invested in the unit. A unit that has not served a
low- or very low-income household has not met the purposes of the HOME
program. Therefore, the costs associated with the unit are ineligible. This tracking
provides the County with early notice of any units at risk of going unrented as
described in §92.252.
3. Request for Reimbursements are due monthly. CHDO must use the required
Request for Reimbursement form and must include all supporting documentation, a
Match Log, Monthly Summary of Project Proceeds/Recaptured Funds Report,
4. HOME Setup Reports are due within one (1) year from the date this Agreement is
fully executed. The HOME Setup Reports are to be submitted to the County after
all conditions of a “commitment” have been met, as described in 24 CFR 92.2,
including all underwriting and subsidy layering requirements as listed in 92.250 (b),
and environmental requirements as described in 24 CFR Part 58.
5. HOME Completion Reports are due no later than sixty (60) days of final payment
requests. HOME Completion Report must include all required documents as
described in this Agreement.
6. Request for Reimbursement form with required documentation for each activity
is due within 45 (forty-five) days of submitting a HOME Setup Report and monthly
thereafter until the project is completed.
7. Other HUD-required reporting data as applicable, including Minority Business
Enterprise / Women Business Enterprise (MBE/WBE).
F. PROJECT PROCEEDS
Means all gross income received by the CHDO directly generated from the use of funds provided by
this Agreement or matching contributions. Project Proceeds include, but are not limited to: [1] the
permanent financing of a CHDO project which is used to pay off a CHDO financed construction
loan; [2] the sale of CHDO sponsored rental housing to a second non-profit; [3] the sale of CHDO
developed homeownership housing; [4] the principal and interest payments from a loan to a buyer of
CHDO developed homeownership housing. When project proceeds are generated by housing that is
only partially assisted with HOME funds or matching funds, the income shall be prorated to reflect
the percentage of HOME fund used. Project proceeds may be retained and used by the CHDO
under the following conditions: submit to the County documentation supporting the amount of
project proceeds received and expended. Quarterly project proceeds reports are due to the County by
the 15th day following the end of the quarter. At the end of each fiscal year, June 30th a yearly project
proceeds log must be submitted to the County that states project proceeds received and expended.
The CHDO must use all Project Proceeds for HOME-eligible housing activities to benefit low-
income families, as required by 24 CFR 92.300(a)(2).
The County requires that all CHDO proceeds generated from this Agreement be used for acquisition
and/or new construction of single family homes to qualified low income families as defined in 24
CFR 92. Funds generated from the use of CHDO proceeds are not CHDO proceeds. The HOME
requirements shall continue to apply as long as the CHDO receives and uses CHDO proceeds, even
if the CHDO proceeds are received or used after the expiration of this Agreement.
G. RECAPTURED FUNDS
Recaptured funds are HOME funds which are recouped by the CHDO when HOME assisted
homeownership housing does not continue to be the principal residence of the assisted homebuyer
for the full affordability period required by 24 CFR 92.254(a) (4). The amount of the recapture is
determined by the recapture requirements established by the CHDO in accordance with 24 CFR
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92.254(a) (5) (ii). In accordance with 24 CFR 92.503(c), recaptured funds must be deposited in a
separate account and have support back-up evidencing recaptured funds.
H. REAL PROPERTY ACQUIRED or IMPROVED WITH HOME FUNDS
Upon expiration of this Agreement, any real property under the CHDO’s control that was acquired
or improved in whole or in part with HOME funds must be occupied by low and/or very low
income households and in compliance with HOME occupancy limits and must meet the
requirements to qualify as affordable housing subject to encumbrances and obligations described in
any applicable recorded covenants running with the land. The option to use deed restrictions or
covenants running with the land must include period of affordability set forth in §92.252 and
§92.254.
I. DEOBLIGATION:
The COUNTY may reduce funds from the funding award evidenced by this Agreement without
regard to the source of funding, under the following circumstances:
1. The CHDO 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 CHDO paid the loan;
4. Cancelled or changed an Program required under the Work Statement for reasons other than
non-performance;
5. This Agreement has otherwise been terminated. The County may deobligate funds under
this Agreement under the foregoing circumstances upon written notice to the CHDO.
J. 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 CHDO failed to use the funds
provided by the County under this Agreement in compliance with the terms and conditions outlined
herein; or 2) the CHDO fails to perform in accordance with the performance obligations set forth in
the Work Statement and Project Schedule or the terms of this Agreement. The County may reduce
funds under this Agreement under the foregoing circumstance upon written notice to the CHDO.
K. REPAYMENT OF FUNDS
The CHDO 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.
L. FUNDS REMAINING AT EXPIRATION
Upon expiration of the Agreement, the CHDO shall transfer to the County any unexpended funds to
the CHDO by the County under this Agreement.
M. 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: The CHDO’s accounting system and financial records shall
comply with the applicable requirements and standards of 2 CFR 200 et seq. and shall be
subject to monitoring from time to time by the County or by HUD.
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a. The CHDO agrees to adhere to accounting principles and procedures, to utilize
adequate internal controls and maintain necessary source documentation for all
costs incurred. The CHDO further agrees to maintain an adequate accounting
system that provides for appropriate grant accounting (including calculation of
project proceeds).
b. The CHDO is to adhere to applicable audit requirements as described and in
accordance with 2 CFR 200 et seq. In addition, all CHDOs must provide annual
single-audit reports or annual audited financial statements to the County.
c. The CHDO is to adhere to the repayment of investment requirements set forth in
24 CFR § 92.503. Any HOME Funds invested in housing that do not meet the
affordability requirements for the period specified in § 92.252 or § 92.254, as
applicable, must be repaid in accordance with 24 CFR § 92.503(b)(3).
2. DOCUMENTATION AND RECORD KEEPING
a. Records to be Maintained The CHDO 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 CHDO is and remains a qualified CHDO;
ii. providing a full description of each activity undertaken and its impact;
iii. records required determining the eligibility of activities;
iv. demonstrating compliance with environmental review requirements;
v. required to document the acquisition, improvement, use or disposition of
real property acquired or improved with HOME assistance (Properties
retained shall continue to meet eligibility criteria);
vi. demonstrating citizen participation;
vii. demonstrating compliance regarding acquisitions, displacement, relocation
and replacement housing;
viii. demonstrating continuing compliance for all activities and/or compliance
with recapture provisions of the affordability standards;
iv. documenting compliance with the fair housing and equal opportunity
components of the HOME program;
x. required by 2 CFR 200 et seq.;;
xi. necessary to document compliance with HOME Program requirements;
xii. documenting compliance with Section 3 of the Housing and Urban
Development Act of 1968;
xiii. demonstrating compliance with deeds of trust, promissory notes, and
forgivable loans associated with owner-occupied housing activities;
xiv. supporting that the CHDO has maintained client data demonstrating
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.
xv. demonstrating compliance with federal, State, and local laws and
regulations, including compliance with A.R.S. § 1-1501 and § 1-502.
b. Outcome Measures – The CHDO shall maintain data that supports the
accomplishment of the desired outcomes as indicated in the Work Statement.
c. Disclosure – The CHDO understands that client information collected under this
Agreement is private and the use or disclosure of such information, when not
directly connected with the administration of the County’s or CHDO’s
responsibilities with respect to services provided under this Agreement is prohibited
unless written consent is obtained from such person receiving service.
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d. Activity Reports – Such reports as required by the County including, but not limited
to, HOME Setup/Completion Reports, Quarterly Performance Reports, Quarterly
Project Proceeds Reports, Match Reports, MBE/WBE information, and other
HUD-required reporting data, as applicable shall be submitted in accordance with
the Current Practices Manual at the completion of each Program which is described
under the Work Statement.
e. Audits and Inspections – All CHDO records with respect to any matters covered by
this Agreement shall be made available to the County, its designees, and the federal
government, at any time during normal business hours, as often as the County
deems necessary, to audit, examine and make excerpts or transcripts of all relevant
data. Any relevant deficiencies noted in audit reports shall be addressed by the
CHDO within 45 days after receipt by the CHDO. Failure of the CHDO to
comply with above audit requirements shall constitute a violation of this Agreement
and may result in the withholding of future payments. The CHDO hereby agrees to
have an Annual Audit conducted in accordance with Maricopa HOME Consortium
Current Practices Manual concerning CHDO audits. The Annual Audit requirement
is applicable to all levels of funding received by the CHDO under 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 will monitor the CHDO to determine if
HOME funded activities are implemented and administered in accordance with all
applicable federal requirements and gauge performance of the CHDO against goals
and performance standards required herein. The CHDO will prepare for
monitoring as set forth in the Maricopa HOME Current Practices Manual
Monitoring Section and assure that all required files and documentation are available
at scheduled monitoring. Failure of the CHDO to administer, implement and
perform as determined by federal regulations and County shall constitute non-
compliance with this Agreement. Non-compliance is a violation of this Agreement
and may result in the withholding of future payments.
g. Policy/Current Practices Use - CHDO agrees to be familiar with and comply with
the policies/procedures established in the most recent Current Practices Manual.
Noncompliance with the Current Practices Manual shall constitute a breach of
contract.
N. ENVIRONMENTAL REVIEW CONDITIONS
Completion of the Environmental Review Record (ERR) is mandatory before taking any physical
action on a site or entering into choice limiting contracts. Only exempt activities such as
administration may be taken and reimbursed by the County prior to receiving a written release of
HOME funds to the CHDO. Exempt activities described in § 24 CFR 58.34(a)(1)-(11) are activities
that generally have no physical impact on the environment. If federal funds are involved in an
activity, neither federal nor non-federal funds may be expended or committed by contract
(conditional or not) for property acquisition, rehabilitation, conversion, lease, repair or construction
activities, until HUD and/or the County provides written authorization based on approval of an
ERR.
An option agreement (to purchase land or a single family residence) on a proposed site or property is
allowable prior to the completion of the environmental review if the option agreement is contingent
upon a HUD authorization to use fund based on a completion ERR. The cost of the option must be
a nominal portion of the purchase price.
1. The CHDO agrees to comply with: the National Environmental Policy Act of 1969 (P.L.
91-190) pursuant thereto 40 CFR Parts 1500 – 1508; Environmental Review Procedures for
Entities Assuming HUD Environmental Responsibilities pursuant thereto Title 24 CFR Part
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58, Subpart A; CPD Notice 01-11 HOME Environmental Review Requirements and with all
conditions required in the process of the environmental assessment.
a. Air and Water - The CHDO shall comply with the following requirements insofar
as they apply to the performance of this Agreement:
i. Clean Air Act, 42 U.S.C. § 7401, et seq., as amended.
ii. Federal Water Pollution Control Act, as amended, 33 U.S.C. §§ 1251, et seq,
as amended, § 1318 relating to inspection, monitoring, entry, reports, and
information, as well as other requirements specified in said Section 114 and
Section 308 and all regulations and guidelines issued thereunder.
iii. Environmental Protection Agency (EPA) regulations pursuant to 40 CFR
Part 50, as amended.
iv. The CHDO agrees to comply with conditions set forth by the Air Quality
Department or other County agency, as required.
b. Flood Disaster Protection - In accordance with the requirements of the Flood
Disaster Protection Act of 1973 (42 USC § 4001), the CHDO shall ensure that for
activities located in an area identified by FEMA as having special flood hazards,
flood insurance under the National Flood Insurance Program is obtained and
maintained as a condition of financial assistance for acquisition or construction
purposes. The CHDO shall require the homeowner to obtain and maintain flood
insurance as a condition of funding, or funds shall not be utilized.
c. Historic Preservation - The CHDO shall comply with the Historic Preservation
requirements set forth in the National Historic Preservation Act of 1966 (16 USC §
470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic
Preservation Procedures for Protection of Historic Properties, insofar as they apply
to the performance of this Agreement. In general, this requires concurrence from
the State Historic Preservation Office for all rehabilitation and demolition of
historic properties that are fifty (50) years old or older or that is listed or eligible for
the National Register of Historic places, or included on any State or local historic
property inventory or any archaeological findings.
d. Release Of Funds (ROF) - No funds may be encumbered prior to the completion of
the Environmental Review. The Environmental Review Record (ERR) must be
completed before any funds are obligated. Funding is also conditioned upon the
completion of the ERR of every activity site by address. The responsibility for
certifying the appropriate ERR and ROF shall rest with the County. It is the
responsibility of the CHDO to notify the County, and to refrain from making any
commitments and expenditures on a site until a Release of Funds has been issued by
the County. Failure to meet these conditions will mean that requested funds will
not be disbursed.
O. The CHDO CERTIFIES:
1. That it is a CHDO that meets the applicable requirements of the HOME Program.
2. That it possesses legal authority to execute this Agreement.
3. 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 CHDO
to execute this Agreement and to comply with the terms of this Agreement.
4. That the activity described herein shall be carried out and the services administered in
compliance with all federal laws and regulations.
P. 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
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out in the HUD regulations in the National Housing Affordability and Stability Act (24
CFR §§ 92.350-92.454), which include:
a. The requirements of the Fair Housing Act, (42 CFR §§ 3601-3620), and
implementing regulations at 24 CFR Part 100 (discriminatory conduct
under the Fair Housing Act), Executive Order 11063 (Equal Opportunity in
Housing) as amended by Executive Order 12259 (leadership and
coordination of fair housing in federal programs) (3 CFR §§ 1958-1963
Come, p. 652 and 3 CFR § 1980, Come. p. 307) and implementing
regulations at 24 CFR Part 107 (nondiscrimination and equal opportunity in
housing under Executive Order 11063), and Title VI of the Civil Rights
Act of 1964 (42 U. S. C. §§ 2000d, et seq.), and implementing regulations at
24 CFR Part 1 (Nondiscrimination in Federally Assisted Programs of
HUD);
b. Executive Order 13166 (Improving Access to Services for Persons with
Limited English Proficiency) pursuant to Title VI of the Civil Rights Act of
1964;
c. The prohibitions against discrimination on the basis of age under the Age
Discrimination Act of 1975 (42 U.S.C. §§ 6101, et seq.) and the regulations at
24 CFR § 146 (nondiscrimination on the basis of age in HUD programs or
activities receiving federal financial assistance);
d. The prohibitions against discrimination on the basis of handicap under
Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §§ 794, et seq.) and
implementing regulations at 24 CFR Part 8 (nondiscrimination based on
handicap in federally assisted programs and activities of HUD); and the
Americans with Disabilities Act 1990 (42 U.S.C. §§ 12101, et seq.);
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 (12 U.S.C. § 1702u) (Employment Opportunities for Business and
Lower Income Persons in Connection with Assisted Activities); and
g. The requirements of Executive Orders 11625 and 12432 regarding Minority
Business Enterprise Development, and 12138 regarding Women's Business
Enterprise, and Regulations S. 85.36 (e) and of Section 281 of the National
Housing Affordability and Stability Act.
2. The Parties to this Agreement agree that they will prepare and adopt acceptable procedures
and requirements for affirmatively marketing units in the HOME Activities, when HOME
Program assisted housing contains 5 or more rental units, by providing information about
the availability of HOME Program-assisted units that are vacant at the time of completion or
that later become vacant. The Parties shall make good faith efforts to provide information
and to otherwise attract eligible persons from all racial, ethnic, and gender groups in the
housing market to the available housing during the period of affordability. These procedures
and requirements are not applicable when units are occupied by families referred from a
Public Housing Authority's (PHA) waiting list, or to families receiving tenant-based rental
assistance provided from HOME funds.
3. HOME funds may not be used for operations or modernization of public housing projects
financed under the Housing Act of 1937.
4. County, as the participating jurisdiction, assumes all the responsibilities for environmental
review, decision making, and action under the National Environmental Policy Act of 1969
(42 USC § 4321) and the other provisions of the law that would apply to HUD were HUD
to undertake such Activities as Federal Activities in accordance with 24 CFR Part 58
(environmental review procedures for entities assuming HUD environmental
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responsibilities). The County will assume the responsibilities for the Request for Release of
Funds. The CHDO agrees not to commit or incur expenditures for HOME activities until
this environmental review process has been completed. Should it be determined that the
CHDO has incurred expenses in violation of the NEPA requirements, the CHDO will be
responsible for the full costs for such expenditures and repayment of any related
reimbursements. The CHDO shall provide all necessary assistance to the County in
completing this environmental review process.
5. The Parties to this Agreement agree to abide with the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970 (URA) (42 USC §§ 4291-4655) and the
governmental implementing regulations at 49 CFR Part 24 as they apply to this HOME
Program.
6. The Parties shall comply with the Davis-Bacon Act (40 U.S.C. §§ 276a, et seq.), Contract
Work Hours and Safety Standards Act (40 U.S.C. §§ 327, et seq.), related acts and the
provisions of 24 CFR Part 24 regarding Government Debarment and Suspension as they
apply to this HOME Program.
7. The Parties shall comply with the Flood Disaster Protection Act of 1973 (42 U.S.C. §§ 4001,
et seq.) as they apply to this HOME Program.
8. The Parties shall comply with the Drug-Free Workplace Act of 1988 as it applies to the
HOME Program.
9. Housing assisted with HOME Program funds constitutes HUD-assisted housing for the
purposes of the Lead-Based Paint Poisoning Prevention Act (42. U.S.C. §§ 4801, et seq.), and
is therefore subject to 24 CFR Part 35.
10. No person who is an employee, agent, consultant, officer or elected official, or appointed
official who exercise or have exercised any functions or responsibilities with respect to
activities assisted with HOME funds or who are in a position in a decision making process
or gain inside information with regard to these activities, may obtain a financial interest or
benefit from a HOME assisted activity, either for themselves or those whom they have
family or business ties, during their tenure or for one year thereafter.
11. The CHDO warrants that it is in compliance with A.R.S. § 41-4401 and further
acknowledges
a. That the CHDO 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);
b. That a breach of a warranty under subsection a above, shall be deemed a material
breach of the contract 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
CHDO or vendors employee who works on the Contract to ensure that the CHDO
or vendor is complying with the warranty provided under subsection a above and
that the CHDO 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
d. That nothing herein shall make any CHDO, or vendor an agent or employee of the
County;
12. That the Current Practices Manual shall be made accessible to all applicable CHDO staff.
Q. REGARDING SUBCONTRACTS AND VENDORS
1. Approvals – Unless expressly authorized in the written agreement by the CHDO exempt
activities such as architectural, engineering and administration may be undertaken and
reimbursed by the County prior to receipt of HUD Request Release of Funds RROF.
Exempt activities described in 24 CFR 58.34(1)(1)-(11) are activities that generally have no
physical impact on the environment. Otherwise the CHDO shall not expend or commit
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federal or non-federal funds by contract (conditional or not) for property acquisition,
rehabilitation, conversion, lease, repair or construction activities, until HUD has provided
written authorization based on approved ERR. Any pre-Agreement costs enter into by a
subcontract(s) with any agency or individual in the performance of this Program that are not
exempt activities without the Release of Funds (ROF) from the County prior to the
execution of such Agreement.
2. DUNS Number -- All subcontractors shall have a valid DUNS number and an active profile
in the federal System for Award Management, or SAM.
3. Fees – Subrecipient and all subcontractors under this Agreement shall not charge servicing,
origination, or other fees for the costs of administering the HOME program, except as
permitted by 24 CFR 92.214(b)(1).
4. Selection Process – The CHDO shall ensure that all subcontracts in the performance of this
Agreement are awarded on a fair and open competitive basis. Executed copies of all
subcontracts shall be forwarded to the County along with documentation, if requested
concerning the selection process.
5. Section 3 of the Housing and Urban Development Act of 1968 – The CHDO shall include
the Section 3 clause in every subcontract and shall take appropriate action pursuant to the
subcontract upon a finding that a subcontractor is in violation of regulations issued by
HUD. The CHDO shall not subcontract with any entity where it has notice or knowledge
that the latter has been found in violation of the regulations under 24 CFR § 135. The
CHDO has the responsibility of determining Section 3 eligibility.
6. Monitoring – The CHDO shall monitor / review all subcontracted services on an annual
basis to assure contract compliance. Results of monitoring efforts shall be summarized in
Monthly Performance Reports and supported with documented evidence, if requested, of
follow-up actions taken to correct areas of noncompliance.
R. THE COUNTY CERTIFIES
1. That a public purpose is served by the financial participation of the County in the Work
Statement.
2. That the HOME Program funds designated for the Work Statement constitute reasonable
and prudent assistance necessary for completion of the activity.
S. PROGRAM COMPLETION
Upon completion of the Work Statement, all unspent HOME Program funds and property shall be
forfeited to the County for reallocation as defined by the Maricopa HOME Consortium Policies
and Procedures. The CHDO shall continue to be responsible for compliance activities until all
HOME Program requirements and contractual obligations are met including affordability
restrictions. The CHDO obligation shall not end until all close-out requirements are completed.
The County will notify the CHDO 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 contract 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 each activity, the County will
notify the CHDO in writing that each activity is closed. In compliance with 24 CFR 92.502(d) all
project completion data shall be entered in HUD’s Integrated Disbursement Information System
(IDIS) within 120 days of the final drawdown for all activity types. Project completion means
projects have all necessary title transfer and construction work completed, projects comply with
HOME requirements including property standards set forth at 24 CFR 92.251, Uniform Physical
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Condition Standards (UPCS) pursuant to 24 CFR 5.703, the final draw has been disbursed; and the
projection completion data entered into IDIS.
For the purposes of a rental project, the project is complete when construction is complete and the
units are ready for occupancy. The identification of a beneficiary is not required for project
completion. Vacant rental units may be marked as vacant when completion data is entered.
Within six (6) months from the date of project completion, if a rental unit remains unoccupied, the
CHDO must provide the County information about current marketing efforts and, if appropriate,
an enhanced plan for marketing the unit so that it is leased as quickly as possible. Within eighteen
(18) months from the date of project completion, if efforts to market the unit are unsuccessful and
the unit is not occupied by an eligible tenant, HUD will require repayment of all HOME funds
invested in the unit.
T. FAILURE TO MAKE PROGRESS
1. Failure of the CHDO to make progress according to the Work Statement may result in
contract termination, deobligation of funds or recapture of funds. CHDO 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 CHDO fails to complete its Environmental Review pursuant to section 5
within one hundred and eighty(180) calendar days from the date the County
executes this Agreement;
b. The CHDO fails to commit funds to a specific local project in performance of and
in accordance with the terms of this Agreement within eighteen (18) months from
the execution date the County executes this Agreement. Commit for the purposes
of this paragraph shall have the same meaning as 24 CFR 92.2(2)(i)-(iii).
c. The CHDO fails to expend HOME funds in performance of and in accordance
with the terms of this Agreement within twenty-four (24) months from the date the
County executes this Agreement.
2. The County will terminate any Agreement and recapture funds from the same Agreement in
which the CHDO does not timely perform the activities described above or in the
milestones in the Work Statement of this Agreement. The County in its sole discretion may
forgo providing technical assistance and require repayment of funds as outlined in this
Agreement under Section I hereof and/or terminate the Agreement for cause pursuant to
Section I of this Agreement.
3. In the event that a project is not completed within twenty-four (24) months from the date
that the County executes this Agreement, the CHDO must repay the HOME funds unless
the CHDO requests and the County grants an amendment to the Agreement prior to ninety
(90) days of Agreement expiration.
U. 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 that may be required by HUD and
HOME regulations. Notwithstanding any other provisions of this Agreement, any payment
to CHDO by the County under this Agreement is contingent upon the actual receipt of
funds from HUD.
2. Both 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.
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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 parties, and in compliance with the procedures in the Current
Practices Manual. Such amendments shall not invalidate this Agreement nor relieve or
release the County or CHDO from their obligations under this Agreement. Amendments
shall be filed with the original Agreement.
4. Changes – The County may, at any time, by written Amendment executed by the Director or
designee, may modify the:
a. Work Statements, as long and the changes do not increase or decrease the amount
of total contract funding;
b. Project timeline as long as the last day of the project timeline is within the end date
of the contract; or
i. Terms needed to be changed to be consistent with any change to Federal,
State, or County regulations ordinances or policies.
5. Administrative requirements such as changes in reporting periods, frequency of reports, or
report formats required by HUD or local regulations, policies, or requirements. It is the
CHDO’s responsibility to ensure the latest documents are consulted and followed.
6. 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 the Board of Supervisors.
7. 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.
8. The CHDO agrees to be familiar with, update as necessary, and comply with the policies and
procedures established in the most recent Maricopa HOME Consortium Current Practices
Manual. Non-compliance with the HOME Consortium Current Practices Manual shall
constitute a breach of this Agreement.
9. The CHDO agrees to give all notices and comply with all laws, ordinances, rules, building
codes, regulations, and lawful orders of any public authority bearing on the performance of
activities pursuant to this Agreement. If the CHDO observes that any of the contract
documents are in conflict with any laws, statutes, building codes, or regulations, it shall
promptly notify the County in writing, and any necessary changes shall be accomplished by
appropriate written modification.
10. Should the CHDO perform any work knowing it to be contrary to applicable laws,
ordinances, rules, building codes, or regulations, it shall assume full responsibility therefore,
and shall bear all costs incurred due to its negligence. Any dispute not resolved by mutual
agreement by the parties hereto shall be decided in accordance with applicable Arizona laws,
ordinances, and codes of the state and local governments.
11. CHDO shall acknowledge the contribution of the County HOME Program in all published
literature, brochures, programs, flyers, etc., during the term of the Agreement.
12. CHDO shall execute and abide by Certifications mandated by HOME Program
requirements as listed in HOME CERTIFICATIONS.
V. REVERSION OF ASSETS
Upon expiration of this Agreement, the CHDO 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 the Agreement, the County, upon recommendation of the Maricopa HOME
Consortium staff, may reallocate any unencumbered funds per the Consortium reallocation policy,
as stated in the Maricopa HOME Consortium Intergovernmental Agreement- Three Year
Cooperative Agreement. A written letter to deobligate funds will be sent to the CHDO from the
County a minimum of ninety (90) days prior to termination of the Agreement.
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CHDO HOME CERTIFICATIONS
In accordance with the provisions of the HOME Investment Partnerships Act and with 24 CFR 92.150 of
the HOME Investment Partnerships Program Rule, the CHDO certifies that:
(A) Before committing any funds to an activity, the CHDO 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;
2. Complete a timely environmental review;
3. Complete an underwriting review; assess developer capacity, fiscal soundness and
neighborhood market conditions; and
4. The CHDO will not invest any more HOME funds in combination with other Federal
assistance than is necessary to provide affordable housing.
(B) The CHDO shall affirmatively further fair housing, which means it shall take appropriate actions to
overcome the effects of any impediments identified through that analysis, and maintain records
reflecting that analysis and actions in this regard.
(C) The CHDO will only utilize HOME funds to pay for eligible activities and costs of those activities
permitted in 24 CFR 92.300 and not specifically prohibited under 24 CFR 92.214 (Prohibited
Activities and Fees).
(D) The submission of the program description is authorized under State and local law (as applicable),
and that the CHDO possesses the legal authority to carry out the Home Investment Partnerships
(HOME) Program, in accordance with the HOME regulations;
(E) The CHDO will comply with the acquisition and relocation requirements of the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970, as amended, implementing
regulations and the requirements of 24 CFR 92.353; and 49 CFR Part 24; and it has in effect and is
following a residential anti-displacement and relocation assistance plan required under §104(d) of the
Housing and Community Development Act of 1974, as amended, in connection with any activity
assisted with funding under the HOME programs.
(F) The CHDO will use HOME funds pursuant to the Five Year Consolidated Plan approved by the
HUD and all requirements of 24 CFR Part 92;
(G) The CHDO shall comply with Section 3 of the Housing and Urban Development Act of 1968, and
implementing regulations at 24 CFR Part 135
(H) The CHDO will provide a drug-free workplace by:
1. Publishing a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the grantee's
workplace and specifying the actions that will be taken against employees for violation of
such prohibition;
2. Establishing an ongoing drug-free awareness program to inform employees about:
i. The dangers of drug abuse in the workplace;
ii. The participating jurisdiction's policy of maintaining a drug-free workplace;
iii. Any available drug counseling, rehabilitation, and employee assistance programs; and
iv. The penalties that may be imposed upon employees for drug abuse violations occurring
in the workplace;
3. Making it a requirement that each employee to be engaged in the performance of the grant
be given a copy of the statement required by paragraph 1;
4. Notifying the employee in the statement required by paragraph 1 that, as a condition of
employment under the grant, the employee will:
i. Abide by the terms of the statement; and
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Section II Special Provisions
ii. Notify the employee in writing of his or her conviction for a violation of a criminal drug
statute occurring in the workplace no later than five (5) calendar days after such
conviction;
5. Notifying the County in writing, within ten (10) calendar days after receiving notice under
paragraph (4)(ii) from an employee or otherwise receiving actual notice of such conviction.
Employers of convicted employees must provide notice, including position title, to every
grant officer or other designee on whose grant activity the convicted employee was working,
unless the Federal agency has designated a central point for the receipt of such notices.
Notice shall include the identification number(s) of each affected grant;
6. Taking one of the following actions, within 30 calendar days of receiving notice under
paragraph (4)(ii), with respect to any employee who is so convicted
i. Taking appropriate personnel action against such an employee, up to and including
termination, consistent with the requirements of the Rehabilitation Act of 1973, as
amended; or
ii. Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a Federal State, or local health,
law enforcement, or other appropriate agency.
7. Making a good faith effort to continue to maintain a drug-free workplace through
implementation of paragraphs 1, 2, 3, 4, 5, and 6.
(I) To the best of 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 CHDO
will complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in
accordance with its instructions; and
3. The CHDO will require that the language of paragraph (F) of this certification be included
in the award documents for all subawards at all tiers (including subcontracts, subgrants, and
agreements under grants, loans, and cooperative agreements) and that all Vendors shall
certify and disclose accordingly.
(J) The CHDO shall, upon proper notice or with knowledge obtained by itself or others, take any and all
proactive actions necessary, and provide any and all applicable remedies to address and correct any
act by itself, its employees, officials, successors, assigns, CHDOs, or vendors that resulted in any
wrongdoing (intentional or unintentional); misuse or misappropriation of funds; the incorrect or
improper disposition of funds; any violation of any federal, state, or local law, rule, or regulation; or
the breach of any certification or warranty provided in this Agreement.
Signature (CHDO Representative) Date
Printed/Typed Name Executive Director/ Title
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Section II Special Provisions
APPENDIX TO CERTIFICATIONS
INSTRUCTIONS CONCERNING LOBBYING AND DRUG-FREE WORKPLACE REQUIREMENTS:
A. Lobbying Certification
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
Agreement and is imposed by 31 U.S.C. § 1352 (limitation on use of appropriated funds to influence certain
federal contracting and financial transactions). Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
B. Drug-Free Workplace Certification
1. By signing and submitting this application or Agreement, the CHDO is providing the certification.
2. The certification is a material representation of fact upon which reliance is placed when the agency
awards the grant. If it is later determined that the CHDO knowingly rendered a false certification, or
otherwise violated the requirements of the Drug-Free Workplace Act, in addition to any other remedies,
HUD may take action authorized under the Drug-Free Workplace Act.
3. Workplaces under grants, for grantees other than individuals, need not be identified on the certification.
If known, they may be identified in the grant application. If the CHDO does not identify the
workplaces at the time of application, or upon award, if there is no application, the CHDO must keep
the identity of the workplace(s) on file in its office and make the information available for federal
inspection. Failure to identify all known workplaces constitutes a violation of the CHDO’s drug-free
workplace requirements.
4. Workplace identifications must include the actual address of buildings (or parts of buildings), or other
sites where work under the grant takes place. Categorical descriptions may be used (e.g., all vehicles of a
mass transit authority or State highway department while in operation, or State employees in each local
unemployment office, performers in concert halls or radio stations).
5. If the workplace identified to the agency changes during the performance of the grant, the CHDO shall
inform HUD of the change(s), if it previously identified the workplaces in question (see paragraph
three).
6. The CHDO may insert in the space provided below the site(s) for the performance of work done in
connection with the specific grant:
Place of Performance: Guadalupe, Arizona
Check if there are workplaces on file that are not identified here.
The certification with regard to the drug-free workplace is required by 24 CFR Part 24, subpart F.
7. Definitions of terms in the Non-procurement Suspension and Debarment common rule and Drug-Free
Workplace common rule apply to this certification. The CHDO’s attention is called, in particular, to the
following definitions from these rules:
i. "Controlled substance" means a controlled substance in Schedules I through V of the Controlled
Substances Act (21 U.S.C. 812) and as further defined by regulation (21 CFR 1308.11 through 1308.15);
Maricopa County Human Services Department Page 34

Section II Special Provisions
ii. "Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence,
or both, by any judicial body charged with the responsibility to determine violations of the federal or
State criminal drug statutes;
iii. "Criminal drug statute" means a federal or non-federal criminal statute involving the manufacture,
distribution, dispensing, use, or possession of any controlled substance;
iv. "Employee" means the employee of a grantee directly engaged in the performance of work under a
grant, including: (i) All "direct charge" employees; (ii) all "indirect charge" employees unless their
impact or involvement is insignificant to the performance of the grant; and (iii) temporary personnel
and consultants who are directly engaged in the performance of work under the grant and who are on
the grantee's payroll. This definition does not include workers not on the payroll of the grantee (e.g.,
volunteers, even if used to meet a matching requirement; consultants or independent contractors not
on the grantee's payroll; or employees of CHDOs or vendors in covered workplaces).
Maricopa County Human Services Department Page 35

SECTION III
WORK STATEMENT
MARICOPA COUNTY HUMAN SERVICES DEPARTMENT
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Section III Work Statement
MARICOPA COUNTY
HOME Investment Partnerships Program
FY 2015-2016
CHDO: Guadalupe Community Development Corporation DUNS #: 015750361
Program Year: FY 2015-2016
Project: Acquisition / New Construction
FY 2015-2016 HOME Funds: $240,000
Type of Property: Single Family Residential
A. DETAILED SCOPE OF WORK:
Include the following-
1. Consolidated Plan goals as it relates to this activity
Project will increase the supply of affordable rental units for low and very low income
households. This activity is rated as a high priority in the Consolidated Plan
2. Type of assistance/activity to be provided with HOME funds: GCDC will acquire and/or
develop sites and provide oversight for new construction of six (6) single-family homes on
scattered sites. Homebuyers will be qualified low and very low-income families. GCDC
construction staff and subcontractors, along with family sweat equity, will complete new
construction on GCDC owned/acquired lots in Guadalupe, AZ. Qualified families will be
required to contribute up to 1200 hours of sweat equity during the construction phase. Families
will contribute sweat equity in order to comply, at a minimum, with any HUD Self-help
Homeownership Opportunity Program (SHOP) requirements and the U.S. Department of
Agricultural-Rural Development (USDA-RD) sponsored Self-help Housing Program. GCDC
staff will work closely with USDA-RD lenders and Maricopa County to ensure that families are
income qualified.
3. Methods and instruments used for ensuring affordability: Use Restrictions, Deed of Trust and
Promissory Note
4. Anticipated use of program income/project proceeds: Project proceeds/recaptured funds will be
used for acquisition and/or development of additional sites suitable for single-family homes and
to provide for construction for qualified low income families as defined in 24 CFR 92..
5. Beneficiaries: Six (6) first time homebuyers qualified at or below 80% of median income level.
GCDC will secure affordability through the Recapture Provision provided in the 24 CFR 92.
Eligible buyers will be required to complete an approved homebuyer education class and
homeownership counseling. Income will be verified by GCDC staff and will comply with 24
CFR 92.203(d)(1) and USDA-RD 502 direct loan provisions If USDA-RD funds are not
available, GCDC will assist families with gathering necessary information to qualify with a
permanent lenders.
.
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Section III Work Statement
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/ ACTIVITIES OUTPUTS OUTCOMES IMPACT
RESOURCES In order to address the Once completed, When Long term
In order to issue, the subrecipient these activities will completed, these changes:
accomplish will conduct the produce the activities will lead
proposed activities, following activities: following: to the following
the subrecipient will changes:
need the following:
GCDC staff, SHOP, Acquire and/ or develop Expand affordable Low to moderate Stable
HOME funds, and construct six (6) units housing opportunities income families neighborhoods
family volunteer of affordable housing. to six families/18-24 become first time and availability
sweat equity, individuals. homebuyers and of safe
participation experience an affordable
Western States improved quality housing.
HOME Consortium of life.
(HUD SHOP) and
USDA-RD 502
direct loans or local
banks.
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% 1 1 0
Households at or below 60% 2 2 0
Households at or below 80% 3 3 0
TOTAL 6 6 0
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Section III Work Statement
E. PRIORITY POPULATIONS:
Complete the table below only if the Activity will specifically set-aside units for a priority population.
Set-asides will be enforced through contract provisions.
Priority Populations No. of Units
Elderly N/A
Physically Disabled N/A
Other Priority N/A
Populations: Veterans
F. PERFORMANCE REPORTING GOALS-TIMELINE OF ACTIVITIES:
START COMPLETION
MILESTONES
DATE DATE
HOME Agreement signed by City Council
2/15/2016 4/2016
Market Study
Completed Completed
Underwriting
2/15/2015 7/1/2016
Secure Financing
7/1/2016 8/1/2016
Environmental Review
Completed Completed
Obtain Site Control 2/15/2015 6/15/2016
RFQ Issued N/A- GCDC is N/A- GCDC is
the Developer the Developer
Developer Selected and Signed Development Contract N/A- GCDC is N/A- GCDC is
the Developer the Developer
Home Set up Report to County
7/30/2016 7/30/2016
Acquisition and/or Rehab and/or Construction to
commence 8/30/2016 8/30/2016
Rehab complete or Certificate of Occupancy
8/15/2017 8/15/2017
Unit Occupied by Low/Moderate Income
Person/Family 8/15/2017 8/15/2017
Completion Report submitted to City
9/30/2017 9/30/2017
Any change to the Timeline will need to be submitted to and approved by Maricopa County.
G. SITE INFORMATION:
The site consists of six (6) building sites on zoned and developed residential lots within the Town of
Guadalupe limits and service area. The HOME units created will have a period of affordability based on
the direct amount of homebuyer assistance. During this time, the project will be monitored annually and
the units will be verified annually. The affordability standard will be enforced by a promissory note and
deed of trust.
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Section III Work Statement
H. ACTIVITY BUDGET SUMMARY:
ACTIVITIES HOME Additional TOTAL COST
FUNDS Sources* (defined
FY 2015-2016 in
Table H.)
ACQUISITION
Land
Buildings
Closing Costs
Legal Fees
TOTAL $125,000 $125,000
SITE & DEMOLITION
Site Work $10,000 $12,500 $22,500
Demolition
TOTAL $10,000 $12,500 $22,500
NEW CONSTRUCTION or REHAB
Construction Costs-Materials $218,000 $346,000 $564,000
Builder Overhead $40,500 $40,500
Builder Profit $30,000 $30,000
General Requirements $15,000 $15,000
Consultant/Specialist $36,000 $36,000
Permits & Fees $3,000 $3,000
Construction Contingency $30,000 $30,000
Sales Tax $36,000 $36,000
Other-Infrastructure
TOTAL $218,000 $536,500 $754,500
ARCHITECTURAL FEES
Design $18,750 $18,750
Supervision $12,000 $42,000 $54,000
Other
TOTAL $12,000 $60,750 $72,750
CONSTRUCTION INTEREST & FEES & LEGAL FEES
Construction Interest $9,000 $9,000
Bond Premium
Title & recording
Insurance
Legal Fees
Other
TOTAL $0 $9,000 $9,000
ADMINISTRATION COSTS
Program Delivery-
Administration
Volunteer Labor $72,000
TOTAL $72,000 $72,000
GRAND TOTAL $240,000 $815,750 $1,055,750
Maricopa County Human Services Department Page 40

Section III Work Statement
I. SOURCE AND AMOUNT OF OTHER RESOURCES:
VOLUNTEER/
FUNDING AGENCY CASH AMOUNT
IN-KIND AMOUNT
Family sweat equity $48,000
Private lenders: RCAC, USDA-RD 502 $756,000
HUD SHOP $59,750
TOTAL $815,750 $0
J. ACTIVITY MATCH:
Match commitment must equal 25% of the HOME funds requested.
Documentation is due at the time of request for payment(s).
Match Logs must be submitted annually by June 30th of each year.
SOURCE/FUNDING
TYPE TOTAL
AGENCY
Federal Home Loan Bank
Cash or cash equivalents from a and $57,000
non-federal source
AHP
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
Accrued family sweat
Sweat equity $3,000
equity
TOTAL $60,000
K. SALES PRICE:
The sales price will be determined by a duly licensed appraisal and the property will be sold at or
below the appraised value. In addition, the property value shall not exceed 95 percent of the
median purchase price for the area as described in 24 CFR 92.254(a)(2)(iii). The income of buyers
shall be determined according to the requirements at 92.203.
L. CHDO PROJECT PROCEEDS:
All proceeds generated from CHDO development activities shall be considered project proceeds
Maricopa County Human Services Department Page 41

Section III Work Statement
and subject to the project proceeds requirements set forth in HOME Program regulations. Project
proceeds shall be tracked by the CHDO and held in an interest bearing account. Documentation
supporting the amount of project proceeds received and expended shall be submitted on the
periodic progress report, as requested by the County. Project proceeds/recaptured funds will be
used for acquisition and/or development of additional sites suitable for single-family homes and to
provide for construction for qualified low income families as defined in 24 CFR 92.
M. CONVERSION TO RENTAL
Any HOME homebuyer units that have not been sold to an eligible homebuyer within nine (9)
months of the date of completion of construction or rehabilitation must be converted to a HOME
rental unit that complies with all HOME requirements for the period of affordability applicable to
such rental units, according to 24 CFR 92.254(a)(3). If the vacant property is not converted,
HOME funds must be repaid to the County.
K. AFFORDABILITY REQUIREMENTS:
1. The housing that is developed with HOME funds must be single family housing. The family or
individual acquiring the housing must qualify as low income and maintain the housing as the
principal residence throughout the Period of Affordability. Properties must be affordable to
low-income purchasers. Affordability is achieved if the monthly payments for principal, interest,
property taxes and insurance do not exceed 30% of the gross income of a homebuyer.
2. Recapture provisions will be used to ensure compliance with the Period of Affordability required
by HUD at 92.254 of the HOME regulations. The affordability restrictions will be secured by a
Promissory Note and a Deed of Trust.
3. The Period of Affordability is based on the direct HOME subsidy that enabled the homebuyer
to buy the property. The direct subsidy includes down payment, closing costs, interest subsidies,
or other HOME assistance provided directly to the homebuyer. In addition, the direct subsidy
includes any assistance that reduced the purchase price from fair market value to an affordable
price. If any of the HOME assisted units developed under this Agreement are sold below fair
market value, the difference between fair market value and the purchase price shall be considered
to be directly attributable to the HOME subsidy.
4. The purchase agreement must require repayment of the funds if the housing does not meet the
affordability requirements for the specified time period. The term of affordability for
subsequent purchase single-family projects shall be up to 15 years after the property is sold to the
new homeowner. The actual term of the affordability standard is determined by the type of
property being occupied as a new homeownership initiative. If the property is an existing
structure, the term of affordability is 5 years if less than $15,000 of HOME money is utilized, 10
years for $15,000 to $39,999 and 15 years for amounts over $40,000. These terms of
affordability remain in existence from the time of initial purchase by the original homebuyer.
Maricopa County Human Services Department Page 42

Section IV Compensation
SECTION IV
COMPENSATION
MARICOPA COUNTY
HUMAN SERVICES DEPARTMENT
Maricopa County Human Services Department Page 43

Section IV Compensation
COMPENSATION
A. COMPENSATION
Subject to the availability and authorization of funds for the explicit purposes set forth below,
County will pay the CHDO compensation for services rendered as indicated in the following
subsections.
A total of $2,500 per activity/property will be withheld from the total amount of HOME funds
obligated and disbursed to each activity/address until a Completion Form is submitted by the
Administrator to Maricopa County.
B. METHOD OF PAYMENT
CHDO agrees to submit monthly reimbursement requests utilizing the approved Reimbursement
Request Form (See Sample) to County. CHDO may request funds only after the CHDO 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
payment incorporated in this Agreement.
County agrees to reimburse CHDO for actual allowable costs incurred, upon certification of HUD
Environmental Release of Funds and submittal by CHDO of an itemized statement of actual
expenditures incurred, supported by appropriate documentation. Reimbursement by County is not to
be construed as final in the event that HUD disallows reimbursement for the Program or any portion
thereof.
CHDO 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
reasonably required per the County to determine or confirm that any such expenditures are pursuant
and within the scope of work.
C. TIMELINESS
CHDO 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 up to Two Hundred Forty Thousand
dollars ($240,000) subject to the terms of this Agreement and availability of funds. This Agreement
price constitutes the County’s entire participation and obligation in the performance and completion
of all work to be performed under this Agreement.
E. FINAL REIMBURSEMENT UPON CONTRACT TERMINATION
Upon termination of this Agreement at the date identified on page 1 of this agreement, or as may be
amended, the CHDO shall submit the final reimbursement request.
- This request shall be submitted no later than 30 days after the termination date except as noted
immediately below.
- If the termination date is between June 10 and June 30, the final reimbursement request shall be
submitted by July 10.
- The final progress report, and any other required reports that may be applicable such as the
project proceeds report shall be submitted with the final reimbursement request.
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Section IV Compensation
F. RELEASE OF FUNDS (ROF)
No funds may be encumbered prior to the completion of the Environmental Review
except for exempt activities as described in 24 CFR 58.34(a)(1)-(11) that generally have
no physical impact on the environment. The Environmental Review Record (ERR) must be
completed before any funds are obligated. Funding is also conditioned upon the completion of
the ERR of every activity site by address. The responsibility for certifying the appropriate
Environmental Review Record and ROF shall rest with the County. It is the responsibility of the
CHDO to notify the County, and to refrain from making any commitments and expenditures on
a site until a Release of Funds has been issued by the County. Failure to meet these conditions
will mean that requested funds will not be disbursed
G. SCHEDULE FOR PAYMENT OF DEVELOPMENT FEES
Percentage of
MILESTONES: Development
Fee Allowed
Acquisition of site/Homebuyer’s selected and approved 25%
Construction commencement 25%
Certificate of Occupancy 25%
Permanent closing/sale to homebuyers 25%
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Section V Forms
SECTION V
FORMS
MARICOPA COUNTY
HUMAN SERVICES DEPARTMENT
Maricopa County Human Services Department Page 46

Section V Forms
Attachment A
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
Maricopa County Human Services Department Page 47

Section V Forms
Maricopa County Human Services Department Page 48

Section V Forms
Attachment B
Maximum Subsidy Limits for Rental 221 (d) 3 Limits
US DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
SECTION 221d3 AND 234 PER UNIT LIMITS
EFFECTIVE DATE: MAY 8, 2012
ARIZONA LOCALITIES
Douglas, Cochise, Greenlee,
Yavapai Pima Maricopa Mohave La Paz, Apache,
AREA and and and and and Gila and
BASE Coconino Santa Cruz Yuma Navajo Pinal Graham
LIMITS Counties Counties Counties Counties Counties Counties
263 246 244 239 234 226
0 Bedroom $52,586 $138,301 $129,361 $128,309 $125,680 $123,051 $118,844
1 Bedroom $60,632 $159,462 $149,154 $147,942 $144,910 $141,878 $137,028
2 Bedroom $73,124 $192,316 $179,885 $178,422 $174,766 $171,110 $165,260
3 Bedroom $93,601 $246,170 $230,258 $228,386 $223,706 $219,026 $211,538
4 Bedroom $104,275 $274,243 $256,516 $254,431 $249,217 $244,003 $235,661
ELEVATOR
0 Bedroom $55,339 $145,541 $136,133 $135,027 $132,260 $129,493 $125,066
1 Bedroom $63,438 $166,841 $156,057 $154,788 $151,616 $148,444 $143,369
2 Bedroom $77,140 $202,878 $189,764 $188,221 $184,364 $180,507 $174,336
3 Bedroom $99,794 $262,458 $245,493 $243,497 $238,507 $233,517 $225,534
4 Bedroom $109,543 $288,098 $269,475 $267,284 $261,807 $256,330 $247,567
ISSUED: 8-May-12
Note: Starting in 2013, Section 221(d)(3) program limits will no longer be calculated and published by HUD due to the elimination of the
221(d)(3) Mortgage Program. The HOME statute and the HOME regulation at 24 CFR 92.250(a) limit the amount of HOME funds
that a PJ may invest in a HOME-assisted unit. The maximum HOME per-unit subsidy limit is set at the basic Section 221(d)(3)(ii)
mortgage limit for elevator-type projects, by bedroom size (with adjustments up to 240% for “high cost” geographic areas).
Because HUD is no longer calculating 221(d)(3) limits, PJs must continue to use the 2012 published Section 221(d)(3) limits for
all HOME projects, until further notice from the Office of Community Planning and Development at
HUD. These limits were published in December 2011, and became effective January 1, 2012.
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Section V Forms
Attachment C
HOME Funds Match Certification
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Attachment D
Recapture Provisions
RIDER #3 TO FORGIVABLE HOME PROGRAM LOAN AGREEMENT
NOTICE TO HOME PROGRAM ASSISTED BUYER:
THIS HOME FUNDED MORTGAGE IS SUBJECT TO RECAPTURE.
IT IS MOST IMPORTANT THAT YOU READ THIS NOTICE CAREFULLY.
You have applied for HOME assistance in your housing. Under this program the U. S. Department of
Housing and Urban Development (HUD) through the Maricopa County HOME Investment Partnerships
Program will provide assistance to your purchase of property at:
Definitions
“Affordability Period or Period of Affordability”— As defined by HUD at 92.254 of the HOME regulations,
the period of affordability is determined by the direct HOME subsidy provided to the homebuyer that
enabled the homebuyer to purchase the unit. Any HOME project proceeds used to provide direct assistance
to the homebuyer is included when determining the period of affordability. The period of affordability varies
with the level of HOME Funds or project proceeds provided. The following table outlines the required
minimum affordability periods for homebuyer projects that are subject to recapture restrictions:
HOME Funds/Project Affordability Period
Proceeds Provided
<$15,000 5 years
$15,001 to $40,000 10 years
>$40,000 15 years
“Direct HOME subsidy” to the homebuyer is the amount of HOME assistance that enabled the homebuyer
to purchase the dwelling unit and includes down payment, closing costs, interest subsidies, or other HOME
assistance provided directly to the homebuyer. In addition, direct subsidy includes any assistance that
reduced the purchase price from fair market value to an affordable price. This does not include any HOME
investment for acquisition and/or construction.
“Net proceeds” of a sale are the sales price minus the superior loan payment (other than HOME funds) and
any closing costs.
Policy and Regulations
Under the HOME Recapture Provision the following conditions apply. You will be required to execute a
note and second mortgage (or deed of trust) with addendum at settlement of the mortgage in favor of
Guadalupe Community Development Corporation (GCDC) to ensure repayment of the assistance.
GCDC will enforce the following Recapture Provisions:
The amount of HOME funds subject to recapture is the entire amount of the direct HOME subsidy from the
net proceeds available from the sale of the property (as defined in number 3 above). If there are insufficient
net proceeds available from the sale of the property, the homebuyer will not be required to repay the
difference between the total direct HOME subsidy and the amount recaptured from available net proceeds.
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Repayment of the HOME subsidy is due at sale of property, or if the property no longer remains the owner’s
permanent residence.
In the event this mortgage is assumed, GCDC will demand payment of the recapture amount from the
mortgagor who is in possession of the property at the time an event occurs that activates the Recapture
Provision.
NOTE: Assumptors should be aware that the recapture amount due to GCDC will be calculated based on the assistance
paid on behalf of the original mortgagor as well as that amount paid on behalf of all previous assumptors of the
mortgage.
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Attachment E
SAMPLE DEED OF TRUST
______________________________________________________________________________
Requested By:
When Recorded Return to:
DEED OF TRUST
Effective Date: County and State where Real Property is located:
TRUSTOR/OWNER: Guadalupe Community BENEFICIARY: Maricopa County
Development Corporation
TRUSTEE: Maricopa County Obligation Secured:
Promissory Note Amount $
Subject Real Property: See Exhibit A
FOR THE PURPOSE OF SECURING:
(a) Performance of each agreement of Trustor herein contained.
(b) Payment of the indebtedness evidenced by promissory note or notes of even date herewith, and any
extension or renewal thereof, in the principal sum of ________, executed by Trustor in favor of
Beneficiary or order. Payment of additional sums and interest thereon which may hereafter be loaned
to Trustor, or his successors or assigns, when evidenced by a promissory note or notes,
(c) This Deed of Trust, the Promissory Note and
(d) The position of Beneficiary in relation to other creditors.
Subject Real Property Legal: See Exhibit A
1. Conveyance. Trustor irrevocably grants and conveys to Trustee in trust, with power of sale, the Subject
Real Property, subject to existing taxes, covenants, conditions, restrictions, rights of way and easements of
record, to be held as security for the payment by Trustor of the Obligation Secured and for the performance
of other obligations of Trustor as set forth in this Deed of Trust.
2. Appurtenances. Trustor grants, together with the Subject Real Property, all buildings and improvements
now or hereafter erected thereon and all fixtures attached to or used in connection with the Subject Real
Property (including, without limiting the generality of the foregoing, all ventilating, heating, air conditioning,
refrigeration, plumbing and lighting fixtures), together with all leases, rents, issues, profits or income
therefrom (hereinafter “Property Income”), subject, however, to the right power and authority hereinafter
given to Beneficiary to collect and apply such Property Income.
3. Taxes, Assessments and Trust Expenses. Trustor shall pay, before delinquent, all taxes and
assessments affecting the Subject Real Property, all encumbrances, charges and liens, when due, with interest,
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on the Subject Real Property or any part thereof, which appear to be prior or superior hereto; all costs, fees
and expenses of this trust and all lawful charges, costs and expenses of any reinstatement of this Deed of
Trust following a default.
4. Fire Insurance. Trustor shall, at Trustor’s expense, maintain in force fire and extended coverage
insurance in any amount of not less than the full replacement value of any buildings which may exist on the
Subject Real Property with loss payable to Beneficiary. Trustor shall provide fire insurance protection on its
furniture, fixtures and other personal property on the Subject Real Property in an amount equal to the full
insurable value thereof and promises that any insurance coverage in this regard will contain a waiver of the
insurer’s right of subrogation against Beneficiary. The amount collected under any insurance policy may be
applied to any indebtedness hereby secured and in such order as the Beneficiary may determine, or at the
option of the Beneficiary the entire amount so collected or any part thereof may be released to Trustor. Such
application or release shall not cure or waive any default hereunder or cause discontinuance of any action that
may have been or may thereafter be taken by Beneficiary or Trustee because of such default.
5. Liability Insurance. Trustor shall, at Trustor’s expense, maintain in force policies of liability insurance,
with Beneficiary as an additional insured thereunder, insuring Trustor against any claims resulting from the
injury to or the death of any person or the damage to or the destruction of any property belonging to any
person by reason of Beneficiary’s interest hereunder or the use and occupancy of Subject Real Property by
Trustor. Such insurance shall include:
5a. Against any claim resulting from injury to or the death of any one person.
5b. Against any claim resulting from injury to or deaths of any number of persons from any one
accident.
5c. Against any claim resulting from the damage to or destruction of any property belonging to any
person.
6. Processing of Insurance Policies. Trustor shall promptly deliver to Beneficiary the originals or true and
exact copies of all insurance policies including flood insurance (if required) by this Deed of Trust. Trustor
shall not do or omit to do any act which will in any way impair or invalidate any insurance policy required by
this Deed of Trust. All insurance policies shall contain a written obligation of the insurer to notify
Beneficiary in writing at least 10 days prior to any cancellation thereof.
7. Indemnification of Trustee and Beneficiary. Trustor shall hold Trustee and Beneficiary, harmless from
and indemnify them for any and all claims raised by any third party against Trustee, Beneficiary, or Program
Contractors resulting from their interests hereunder or the acts of Trustor. Such indemnification shall
include reasonable attorneys’ fees and costs, including cost of evidence of title. Trustor shall appear in, and
defend, any action or proceeding purporting to affect the security hereof or the rights or powers of the
Trustee, Beneficiary, or Program Contractors; and shall pay all costs and expenses of Trustee, Beneficiary, or
Program Contractors, including costs of evidence of title and attorneys’ fees in a reasonable sum in such
action or proceeding which Trustee, Beneficiary, or Program Contractors may appear, and in suit brought by
Beneficiary to foreclose on this Deed of Trust.
8. Right of Beneficiary or Trustee to Pay Obligations of Trustor. If Trustor fails or refuses to pay any
sums due to be paid by it under the provisions of this Deed of Trust, or fails or refuses to take any action as
herein provided, then Beneficiary or Trustee shall have the right to pay any such sum due to be paid by
Trustor and to perform any act necessary. The amount of such sums paid by Beneficiary or Trustee for the
account of Trustor and the cost of any such action, together with interest thereon at the maximum legal
contractual rate per annum, from the date of payment until satisfaction, shall be added to the Obligation
Secured, unless otherwise specified by Beneficiary at the time of such payment.
The payment by Beneficiary or Trustee of any such sums or the performance of any such action shall be
prima facie evidence of the necessity therefore.
9. Condemnation. Any award of damages in connection with any condemnation or injury to any of the
Subject Real Property by reason of Public use or for damages for private trespass or injury thereto are
assigned in full and shall be paid to Beneficiary, who shall apply them to the payment of the principal of the
Obligation Secured, the interest thereon, and any other charges and amounts secured hereby in such manner
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as Beneficiary may elect. Any remaining balance shall be paid to Trustor. Beneficiary may, at Beneficiary’s
option, appeal from any such award in the name of Trustor.
Unless Trustor and Beneficiary otherwise agree in writing, any application of such proceeds to principal shall
not extend or postpone the due dates of any installment payments of the Obligation Secured or change the
amount of such payments.
10. Care of Property. Trustor shall take reasonable care of the Subject Real Property and the buildings
thereon and shall maintain them in good repair and condition as at the original date of this Deed of Trust,
although ordinary depreciation is expected. Trustor shall commit or permit no waste and do no act which
will unduly impair or depreciate the value of the Subject Real Property as required, then Beneficiary or
Trustee, at their option, may make necessary repairs and add the cost thereof to the Obligation Secured.
Trustor shall not abandon any water rights, power rights or any rights of whatever nature which are
appurtenant to the Subject Real Property.
11. Right to Inspect Subject Real Property. At all convenient and reasonable times, upon prior notice to
Trustor, Beneficiary or Trustee shall have the right and license to go on and into the Subject Real Property to
inspect it in order to determine whether the provisions of this Deed of Trust are being kept and performed.
12. Event of Default. Each of the following shall be considered an event of default of this Deed of Trust:
12a. The failure of Trustor to make any payment hereunder or under the Obligation Secured on or
before the due date thereof;
12b. The failure of Trustor to perform any duty required by this Deed of Trust;
12c. The removal or attempted removal by Trustor of any property included in the Subject Real
Property without the consent of Beneficiary;
12d. Abandonment of the Subject Real Property by Trustor;
12e. The filing, execution or occurrence of:
(1) A petition in bankruptcy by or against Trustor.
(2) A petition or answer seeking a reorganization, composition, readjustment, liquidation,
dissolution or other relief of the same or different kind under any provision of the
Bankruptcy Act.
(3) Adjudication of Trustor as a bankrupt or insolvent, or insolvency in the bankruptcy
equity sense.
(4) An assignment by Trustor for the benefit of creditors, whether by trust, mortgage or
otherwise.
(5) A petition or other proceedings by or against Trustor for the appointment of a trustee,
receiver, guardian, conservator or liquidator of Trustor with respect to all or substantially all
its property.
6) Trustor’s dissolution or liquidation or the taking of possession of Trustor’s property by
any governmental authority in connection with dissolution or liquidation.
12f. A determination by Beneficiary that the security of the Deed of Trust is inadequate or in danger
of being impaired or threatened from any cause whatsoever.
12g. The sale, conveyance, transfer or attempted conveyance or transfer, or subjection to a mortgage
or deed of trust, whether voluntary, involuntary or by operation of law, of the Subject Real Property
or any interest in it, without prior written consent of Beneficiary. Notwithstanding the forgoing,
Beneficiary expressly agrees that any refinance of indebtedness on the Property to which this Note
and Deed of Trust are subordinate does not constitute a default so long as such refinancing is
conducted for the sole purpose of loss mitigation, foreclosure prevention or retention of the
Property as the Borrower’s primary residence. Any refinance activity regarding indebtedness on the
Property for purposes of “cashing out,” equity or that is otherwise not for the purpose of loss
mitigation, foreclosure prevention, or retention of the property for use as the Borrower’s primary
residence is hereby deemed to constitute a default of the Note and Deed of Trust during the 84
month duration of the Note.
13. Acceleration. In the event of default by Trustor, Beneficiary may declare all sums secured hereby
immediately due and payable by delivery to Trustee of written notice setting forth the nature thereof and of
Beneficiary’s election to cause the Subject Real Property to be sold under this Deed of Trust. Beneficiary
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shall also deposit with Trustee all documents evidencing the Obligation Secured and any expenditures secured
hereby.
14. Trustee’s Sale. Upon receipt of Beneficiary’s notice of election to cause the Subject Real Property to be
sold, Trustee shall, in accordance with all provisions of law, give notice of Trustee’s Sale and, after the lapse
of the required amount of time, sell the Subject Real Property at public auction, at the time and place
specified in the Notice of Trustee’s Sale, to the highest bidder of cash in lawful money of the United States,
payable at the time of sale. Any persons, including Trustor, Trustee or Beneficiary may purchase at the
Trustee’s Sale.
Trustee may postpone or continue the sale by giving notice of postponement or continuance by public
declaration at the time and place last appointed for sale.
Upon sale, Trustee shall deliver to the purchaser a Trustee’s Deed conveying the Subject Real Property, but
without any covenant or warranty, expressed or implied.
15. Proceeds of Trustee’s Sale. After deducting all costs, fees and expenses of Trustee and of this trust,
including the cost of evidence of title in connection with the sale and reasonable attorney’s fees, Trustee shall
apply the proceeds of sale to payment of all sums then secured hereby and all other sums due under the terms
hereof, with accrued interest, and the remainder, if any, to the persons legally entitled thereto or as provided
by ARS §33-812 as currently codified or as amended.
16. Defaults on Prior Encumbrances. If there are mortgages upon the Subject Real Property or other
encumbrances which are prior in time or prior in right, then Trustor promises to comply with the terms of
those prior mortgages or encumbrances. If Trustor fails to comply with such terms and defaults on those
mortgages or obligations, such default shall also be considered a default of this Deed of Trust, and Trustee or
Beneficiary herein may advance the monies necessary to remedy such defaults, and, if it does, such monies
shall be added to the Obligation Secured and shall bear the Maximum contractual legal rate of interest from
the date monies are tendered unless otherwise specified by Beneficiary at the time of such payment.
Beneficiary may also proceed on this default by exercising the same remedies it has on this Deed of Trust.
17. Deficiency Judgment. Unless prohibited by law, Beneficiary shall be entitled to a deficiency judgment
against Trustor if the Trustee’s Sale yields an amount insufficient to fully satisfy Trustor’s obligation
hereunder pursuant to A.R.S §33-814 as presently codified or amended.
18. Foreclosure and Other Remedies. In lieu of sale pursuant to the power of sale conferred hereby, this
Deed of Trust may be foreclosed in the same manner provided by law for the foreclosure of mortgages on
real property. Beneficiary shall also have all other rights and remedies available hereunder and at law or in
equity. All rights and remedies shall be cumulative. In the event of a foreclosure or deed in lieu of
foreclosure of the First Mortgage, any provisions herein or any provisions in any other collateral agreement
restricting the use of the Property to low or moderate income households or otherwise restricting the First
Mortgagor’s ability to sell the property shall have no effect on subsequent owners or purchaser of the
Property. Any person, including his successors or assigns (other than the Owner/First Mortgagor, or a
related entity of the Owner/First Mortgagor) receiving title to the Property through a foreclosure or deed in
lieu of foreclosure of the First Mortgage shall receive title to the Property free and clear from such
restrictions. All restrictions relating to affordable housing programs that are otherwise allowed by HUD
policy must automatically terminate upon foreclosure, deed-in-lieu of foreclosure, or assignment of the
insured mortgage to HUD, its Secretary, and/or its assigns. The restrictions will automatically terminate if
title to the mortgaged property is transferred by foreclosure or deed-in-lieu of foreclosure, or if the mortgage
is assigned to the Secretary of HUD.
19. Reinstatement After Default. Notwithstanding Beneficiary’s acceleration of sums secured by this Deed
of Trust, Trustor shall have the right to have any proceedings begun by Beneficiary to enforce this Deed
Trust discontinued and to have the Deed of Trust reinstated at any time before the day of the Trustee’s Sale
or before the filing of a foreclosure action. In order to have the Deed of Trust reinstated after default, the
Trustor must:
19a. Pay to Beneficiary the entire amount due under this Deed of Trust and the Obligation Secured,
other than such portion of the principal as would not be due had no default occurred;
19b. Cure all defaults or covenants or agreements of Trustor as contained in this Deed of Trust;
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19c. Pay costs and expenses incurred by Beneficiary and Trustee in enforcing the terms of this Deed
of Trust and pursuing remedies;
19d. Pay reasonable attorney’s fees actually incurred by Beneficiary and Trustee
19e. Pay the recording fee for any cancellation of notice of sale;
19f. Pay the Trustee’s fees, in an amount not to exceed $600 or one half of one per cent of the entire
unpaid principal sum secured, whichever is greater.
Upon reinstatement, this Deed of Trust and the obligation secured hereby shall remain in full force and effect
as if no acceleration had occurred.
20. Assignment of Property Income. As additional security, Trustor hereby gives Beneficiary the right,
power and authority, during the continuance of this Trust, to collect the Property Income, reserving to
Trustor the right, prior to any default by Trustor in payment of any indebtedness secured hereby or in
performance of any agreement hereunder, to collect and retain such Property Income as it becomes due and
payable.
Upon any such default, Beneficiary may at any time, without notice, either in person, by agent or by a receiver
to be appointed by a court, and without regard to the adequacy of any security for the indebtedness hereby
secured, enter upon and take possession of the Property Income; in its own name sue for or otherwise collect
such Property Income, including amounts past due and unpaid; and apply the same, less costs and expenses
of operation and collection, including reasonable attorney’s fees, upon any indebtedness secured hereby, and
in such order as Beneficiary may determine.
The entering upon and taking possession of the Property Income, the collection of such Property Income
and the application thereof, shall not cure or waive any default or notice of Trustee’s Sale hereunder or
invalidate any act done pursuant to such notice.
21. Acts of Trustee Affecting Subject Real Property. At any time, without notice, upon written request
of Beneficiary and presentation of this Deed of Trust and the Obligation Secured for endorsement, Trustee
may, without liability, release and reconvey all or any part of the Subject Real Property, consent to the making
and recording, or either, of any map or plat of all or any part of the Subject Real Property; join in granting any
easement thereon; join in or consent to any extension agreement or any agreement subordinating the lien,
encumbrance or charge hereof.
Any such action by Trustee may be taken without affecting the personal liability of any person for payment of
the indebtedness secured hereby, without affecting the security hereof for the full amount secured hereby on
all property remaining subject hereto, and without the necessity that any sum representing the value or any
portion thereof of the property affected by Trustee’s action be credited on the indebtedness.
22. Satisfaction of the Obligation. Upon written request of Beneficiary stating that all sums secured
hereby have been paid, and upon surrender of this Deed of Trust and the Obligation Secured to Trustee for
cancellation, and upon payment of Trustee’s fees, Trustee shall release and reconvey, without covenant or
warranty, express or implied, the Subject Real Property held hereunder. The recitals in such reconveyance of
any matters or facts shall be conclusive proof of the truthfulness thereof. The grantee in such reconveyance
may be described as “the person or persons legally entitled thereto.”
23. Notices. Copies of all notices and communications concerning this Deed of Trust shall be mailed to the
Parties at the addresses specified in this Deed of Trust. Any change of address shall be communicated to the
other Parties in writing. Any documents which may adversely affect the rights of any party to this Deed of
Trust shall be dispatched by Certified Mail, Return Receipt Requested.
24. Headings. The marginal or topical headings of the provisions herein are for convenience only and do
not define, limit or construe the contents of these provisions.
25. Interpretation. In this Deed of Trust, whenever the context so requires, masculine gender includes the
feminine and neuter, and the singular includes the plural and vice versa.
26. Applicable Law. This Deed of Trust shall be subject to and governed by the laws of the State of
Arizona, in particular the provisions of ARS Title 33, Chapter 6.1, regardless of the fact that one or more
Parties now is or may become a resident of a different state.
27. Waiver. Any waiver by any party of a breach of any provision of this Deed of Trust shall not operate or
be construed as a waiver of any subsequent breach hereof.
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28. Succession of Benefits. The provisions of this Deed of Trust shall inure to the benefit of and be
binding upon the Parties hereto, their heirs, personal representatives, conservators and permitted assigns.
29. Successor Trustee. Beneficiary may appoint a Successor Trustee in the manner prescribed by law. A
Successor Trustee herein shall, without conveyance from the predecessor Trustee, succeed to all the
predecessor’s title, estate, rights, powers and duties. Trustee may resign by mailing or delivering notice
thereof to Beneficiary and Trustor.
30. Entire Agreement. The terms of this Deed of Trust constitute the entire agreement among the Parties
and the Parties represent that there are no collateral or side agreements not otherwise provided for within the
terms of this Deed of Trust.
31. Time of Essence. Time is of the essence in this Deed of Trust and every term, condition, covenant and
provision hereof.
32. Modification. No modification of this Deed of Trust shall be binding unless evidenced by an agreement
in writing and signed by all Parties.
33. Partial Invalidity. If any provision of this Deed of Trust is held to be invalid or unenforceable all the
remaining provisions shall nevertheless continue in full force and effect.
TRUSTOR/OWNER: ____________________________
Trustor/Owner Signature
_____________________________
Trustor/Owner Signature
STATE OF ARIZONA )
) ss.
County of Maricopa )
The foregoing instrument was acknowledged before me this _____ day of ,
20___, by .
(Name and Title)
Notary Public
BENEFICIARY:
By:_____________________________________
Title:__________
STATE OF ARIZONA
County of Maricopa
The foregoing instrument was acknowledged before me this _____ day of ,
20___, by .
(Name and Title)
Notary Public
Do not destroy this Deed of Trust or the note that it secures. Both must be delivered to the Trustee for
cancellation before release and conveyance will be made.
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Attachment F
RIDER #1 TO DEED OF TRUST
PROMISSORY NOTE
Maricopa County, Arizona ______________
For value received, __________________________ promises to pay to ______________________ the
sum of _________________ payable in accordance with the terms of the LOAN AGREEMENT, attached
hereto and incorporated herein.
The loan shall bear interest in accordance with the terms of the LOAN AGREEMENT. No payments are
required other than to pay such sum in full without penalty whenever the OWNER(S) wishes or if the
OWNER(S) ceases to develop the property within twelve (12) months of the purchase agreement. The loan is
forgiven when the OWNER conveys the property to an income qualified beneficiary.
Principal and interest shall be payable in lawful money of the United States of America.
The prevailing party in a suit on this note shall recover, as part of the judgment, reasonable attorney’s fees
that may be fixed by the judge of the court.
This note is secured by a deed of trust upon real property.
_____________________________
Trustor/Owner Signature
_____________________________
Trustor/Owner Signature
STATE OF ARIZONA )
) ss
COUNTY OF MARICOPA )
Before me, this ______ day of _______________________, 20____, the undersigned Notary
Public, ____________________________________, personally appeared before me, avowing to be the
OWNER(S) and executed the foregoing instrument for the purposes therein contained by signing
his/her/their names hereto.
_____________________________
Notary Public
My Commission Expires:
__________________________
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