NEWTOWN-CITY OF CHANDLER CHDO AGREEMENT.PDF

GRANT AGREEMENT
FOR SERVICES BETWEEN
MARICOPA COUNTY
ADMINISTERED BY ITS
HUMAN SERVICES DEPARTMENT
AND
NEWTOWN COMMUNITY DEVELOPMENT CORPORATION
A COMMUNITY HOUSING DEVELOPMENT ORGANIZATION (CHDO)
AND
THE CITY OF CHANDLER
Contract Amount: $400,000
Contract Start Date: April 1, 2016
Contract Termination Date: Contract Term 24 months from the date fully executed
Contract Number: C-22-
Program Number: CHDO
CFDA Number: 14.239, HOME Investment Partnerships Program
This Agreement is entered into by and between the Newtown Community Development Corporation
(Newtown CDC) (hereinafter referred to as the “Community Housing Development Organization (CHDO)
Developer”), City of Chandler (referred to as, Administrator) and Maricopa County, administered by its
Human Services Department, (hereinafter referred to as the “Lead Agency” and/or “COUNTY”). The
CHDO, COUNTY and the ADMINISTRATOR 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 Four Hundred Thousand
dollars ($400,000) 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.
Maricopa County Human Services Department Page 1

Section V – Forms-- Contains the Request For Reimbursement Form; Maximum Subsidy Limits;
HOME Funds Match Certification Form, Sample Deed of Trust and Promissory Note.
LEAD AGENCY -
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
ADMINISTRATOR
City of Chandler
Representative:
Phone: 480-782-4347
E-mail: Leah.Powell@chandleraz.gov
Address: P.O. Box 4008, Mail Stop 600, Chandler, AZ 85244
CHDO
Newtown Community Development Corporation
Representative: Allen L Carlson , Executive Director
Phone: 480-517-1589
E-mail: allen@newtowncdc.org
Address: 511 W University Drive #4, Tempe, AZ 85281
Notice under this Agreement shall be given by personal delivery or by registered or certified mail, postage
prepaid and return receipt requested, to the persons at the addresses set forth above and shall be effective
three (3) days after being mailed, unless otherwise indicated in the notice.
This Agreement contains all the terms and conditions agreed to by the Parties. No other understanding, oral
or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any Party
hereto. Nothing in this Agreement shall be construed as consent to any lawsuit or waiver of any defense in a
lawsuit brought against the State of Arizona, County or the CHDO in any State or federal court.
IN WITNESS THEREOF, the Parties have signed this Agreement:
Approved By: Approved By:
MARICOPA COUNTY (LEAD AGENCY) CITY OF CHANDLER (ADMINISTRATOR)
Clint L. Hickman, Date Mayor Date
Chairman, Board of Supervisors
Attested to: Attested to:
Clerk, Board of Supervisors Date City Clerk Date
Approved By:
NEWTOWN COMMUNITY DEVELOPMENT
CORPORATION (CHDO)
Allen Carlson Date
Maricopa County Human Services Department Page 2

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: Approved as to form:
Attorney for the Board of Supervisors Date City of Chandler Attorney Date
Maricopa County Human Services Department Page 3

SECTION I
GENERAL PROVISIONS
MARICOPA COUNTY HUMAN SERVICES DEPARTMENT
Maricopa County Human Services Department Page 4

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 City/Town listed on Page 1 of this Agreement responsible for
administering the Agreement.
2. Agreement means this Contract for Services, which includes the General Provision, Special
Provisions, Work Statement, 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 means the Maricopa County Board of Supervisors.
7. CHDO is a community housing development organization, a private non-profit 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 contract, CHDO may retain project proceeds for
acquisition and/or rehabilitation of other HOME eligible activities.
9. Commitment means an executed legally binding written agreement with a subrecipient or
contractor to use specific amount of HOME funds to produce affordable housing, provide
down-payment assistance or tenant based rental assistance; or has met the requirements to
commit to a specific local project, as defined in 24 CFR 92.2. 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. County means Maricopa County, by and through its Human Services Department, the Lead
Agency under this Agreement.
11. Department means the Maricopa County Human Services Department Community
Development Division.
12. 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.
13. Director means the Director of the Maricopa County Human Services Department.
Maricopa County Human Services Department Page 5

Section I General Provisions
14. Division means the Community Development Division of the Human Services Department.
15. 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.
16. Five Year Consolidated Plan means the HUD required Consolidated Plan submitted by the
County as the lead agency for the Maricopa HOME Consortium.
17. HOME means HOME Investment Partnerships Program.
18. 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.
19. Women’s Business Enterprise (WBE) means an entity in which a woman has majority
ownership and control.
20. 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.
21. Performance Bond means a bond executed to secure fulfillment of all of the CHDO's
obligations under this Agreement.
22. Project Coordinator means the liaison between the County, the Administrator, and the
CHDO that is responsible for contract monitoring and technical assistance.
23. 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).
24. Public Agency has the meaning prescribed by A.R.S. § 11-951.
25. Subcontract means any contract entered into by the CHDO with a third party for
performance of any of the work or provision of any of the services covered by this Agreement.
26. Subcontractor means an entity funded through the CHDO to provide any work or services
required by the Work Statement.
27. Vendor means an entity funded through the CHDO to provide services required by the Work
Statement.
28. 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 and the Administrator shall, without limitation, obtain and maintain all licenses,
permits, and authority necessary to do business, render services, and perform work under this
Agreement, and shall comply with all laws regarding unemployment insurance, disability
insurance, and workers’ compensation.
3. The CHDO and the Administrator are independent in the performance of work and the
provision of services under this Agreement and shall comply with all laws regarding unemploy-
ment insurance, disability insurance and worker's compensation.
4. The CHDO and the Administrator 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
and the Administrator or with which CHDO and the Administrator (or one of its directors,
officers, owners, trust certificate holders or a relative thereof) has a substantial interest, unless
CHDO and the Administrator has made full written disclosure of the proposed payments to
the County and has received written approval therefore. For purposes of this provision, the
Maricopa County Human Services Department Page 6

Section I General Provisions
terms "substantial interest" and "relative" shall have the meanings prescribed by A.R.S. § 38-
502.
D. ACCEPTANCE OF FUNDS
The CHDO and the Administrator hereby accept the award of funds under the terms of this
Agreement and agree to execute and return this Agreement to the County within 30 days of receipt
unless CHDO and the Administrator received a written waiver of this requirement by the County.
E. AMENDMENTS
All amendments to this Agreement shall be in writing, signed by authorized signers for the Parties, and
be requested to the County no later than six (6) months 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 County. The CHDO and
the Administrator shall bear all liability under this Agreement, even if it is assigned, delegated, or
subcontracted, in whole or in part, unless the County agrees otherwise.
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 and the Administrator, 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 and the Administrator 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 10 calendar days in advance.
H. BUDGET ADJUSTMENTS
CHDO and the Administrator must receive prior written approval from the County to move funds
from one Budget Activity Line Item to another. Budget adjustments that do not change the Contract
Amount may be documented by an Amendment signed by the Director and the CHDO’s
Representative and the Administrator. 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 and the Administrator shall not retain any funds drawn down in excess
of immediate cash needs (to be used within 15 days of draw down) to cover subsequent requests for
reimbursement, and must return them to the County within 30 days of receipt. The CHDO and the
Administrator must also return to the County any interest that is earned on these funds that are
drawn down and not expended for eligible costs within 15 days of draw down.
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 120 days, shall be submitted in accordance with the following dispute
resolution process.
Maricopa County Human Services Department Page 7

Section I General Provisions
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 10 working days from the date CHDO or Contract Administrator knew or should have
known of the basis of the dispute. The Contract Administrator or County Procurement
Officer, as applicable, shall respond in writing to CHDO within 14 working days. The decision
of the Contract Administrator or County Procurement Officer shall be final and conclusive
unless, within seven (7) working days from the date CHDO is served with the decision,
CHDO files a written notice of appeal with the County’s Chief Procurement Officer, who shall
provide CHDO with a written response within 14 working days following receipt of CHDO’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 Director or the Director of the Materials Management
Department, the CHDO and the Administrator shall proceed diligently with the performance
of this Agreement in accordance with the Assistant Director’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 and the
Administrator defaults by failing to perform any objective or breaches any obligation under
this Agreement, or any event occurs that jeopardizes the CHDO’s and the Administrator’s
ability to perform any of its obligations under this Agreement. The County reserves the right to
have service provided by persons other than the CHDO and the Administrator 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 resale or recapture proceeds.
f. Improper disposition of CHDO and the Administrator 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 and the Administrator 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 and the Administrator at the time of suspension
Maricopa County Human Services Department Page 8

Section I General Provisions
or termination, or that may accrue later. Nothing herein shall be construed to limit or
terminate any right or remedy available under contract or rule.
d. Wavier of a breach or default of any term, covenant, or condition of this Agreement or
any federal, state, or local law, rule, or regulation shall not operate as a waiver of any
subsequent breach of the same or any other term, covenant, condition, law, rule, or
regulation.
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 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 a 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 the
CHDO’s and the Administrator’s non-compliance jeopardizes funding source financial
participation. If not terminated by one of the above methods, this Agreement will terminate
upon the expiration of the term of this Agreement stated on Page One of this Agreement.
5. In accordance with 2 CFR 200 et seq, the County may suspend or terminate this Agreement if
the CHDO and the Administrator violates any term or condition of this Agreement or if
CHDO and the Administrator fails to maintain a good faith effort to carry out the purpose of
this Agreement.
6. County or CHDO or the Administrator may terminate this Agreement for convenience in
accordance with 2 CFR § 200. The Parties shall agree upon the termination conditions
including the effective date of the termination. The party initiating the termination shall notify
the other parties in writing stating the reasons for such termination.
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.
Maricopa County Human Services Department Page 9

Section I General Provisions
M. STRICT COMPLIANCE
The County’s acceptance of CHDO’s and the Administrator’s performance that is not in strict
compliance with the terms of this Agreement shall not be deemed to waive the requirements of strict
compliance for all future performance. All changes in performance obligations under this Agreement
shall be in writing and signed by all Parties.
N. NON-LIABILITY
The County, its officers, representatives, agents and employees shall not be liable for any act or
omission by the CHDO and the Administrator or Vendor or any officer, representative, agent or
employee of the CHDO and the Administrator or Vendor occurring in the performance of this
Agreement, nor shall these entities be liable for purchases or contracts made by the CHDO and the
Administrator, Vendor or any officer, representative, agent and employee of CHDO and the
Administrator 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 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
Maricopa County Human Services Department Page 10

Section I General Provisions
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
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
Maricopa County Human Services Department Page 11

Section I General Provisions
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
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 County 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 10 working days, a copy of such other agreement or grant, when in the opinion of
the County the award of the agreement or grant may affect the costs being paid or reimbursed
under this Agreement.
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, regulation and Executive
Order 13658, as applicable.
Maricopa County Human Services Department Page 12

Section I General Provisions
FF. RECOGNITION OF DEPARTMENT SUPPORT
The CHDO will give recognition to the County and the funding source for its support when the
CHDO publishes materials or releases public information that is paid for in whole or in part with funds
received by the CHDO under this Agreement.
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
Maricopa County Human Services Department Page 13

Section I General Provisions
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:
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
Maricopa County Human Services Department Page 14

Section I General Provisions
being performed at least up to the full Agreement amount, unless otherwise required by the
Agreement documents or amendments thereto.
a. Builders’ Risk insurance shall be on a special form and shall also cover false work and
temporary buildings and shall insure against risk of direct physical loss or damage
from external causes including debris removal, demolition occasioned by enforcement
of any applicable legal requirements, and shall cover reasonable compensation for
architect’s service and expenses required as a result of such insured loss and other
“soft costs” as required by the Agreement.
b. Builders’ Risk insurance must provide coverage from the time any covered property
comes under the 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 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:
Maricopa County Human Services Department Page 15

Section I General Provisions
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:
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 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
Maricopa County Human Services Department Page 16

Section I General Provisions
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
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 Contract Authority’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.
Maricopa County Human Services Department Page 17

Section I General Provisions
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 Contract Administrator
determines otherwise. The costs to repair such property are the responsibility of the CHDO or the
Administrator, as applicable, 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
Maricopa County Human Services Department Page 18

Section I General Provisions
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
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
Maricopa County Human Services Department Page 19

Section I General Provisions
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.
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 Department, 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 CHDO agrees 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 the 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).
YY. 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
Maricopa County Human Services Department Page 20

Section I General Provisions
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.
Maricopa County Human Services Department Page 21

SECTION II
SPECIAL PROVISIONS
MARICOPA COUNTY
HUMAN SERVICES
Maricopa County Human Services Department Page 22

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 Agreement.
The CHDO acknowledges that any inability to perform the work and provide the services, or comply
with the standards set forth in this Agreement may subject the 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, 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 the 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 with the Municipality (as applicable). The Annual Action Plan is hereby incorporated by
reference into this Agreement. The CHDO agrees to submit to the County:
1. Project Proceeds Reports--due quarterly and with each Request for
Reimbursement with supporting documentation.
2. Contract Performance Reports--due on the 15th of July, October, January and
April for the preceding three (3) months (i.e. July report cover the months of April,
May and June). The Report addresses all programs described in the Work Statement.
Failure to submit timely Contract Performance Reports will result in suspension of
payment reimbursement requests until all reports are brought current. Contract
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
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
Maricopa County Human Services Department Page 23

Section II Special Provisions
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 – HOME Set up 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 60 days of final payment
requests. HOME Completion Report must include all required documents as
described in this Agreement.
6. Initial Request for Reimbursement form with required documentation for each
activity is due within 45 days of submitting a HOME Setup Report and every month
thereafter until the project is completed. After the initial request for reimbursement,
subsequent requests shall be submitted monthly until project is completed.
7. Other HUD-required reporting data as applicable shall be submitted, 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 funds 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. 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 or other housing activities to benefit
low-income families, as required by 24CFR 92.300 (a)(2).
The County requires that all CHDO proceeds generated from this Agreement be used to fund the
acquisition and/or rehabilitation of additional HOME eligible properties to be sold 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
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.
Maricopa County Human Services Department Page 24

Section II Special Provisions
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 and all funds are expended;
3. The County’s original allocation was a loan and the CHDO paid the loan;
4. Cancelled or changed a Program required under the Work Statement for reasons other than
non-performance;
5. This Agreement has otherwise been terminated. The County may 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 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 and by HUD.
a. The CHDO agrees to adhere to accounting principles and procedures, to utilize
adequate internal controls and maintain necessary source documentation for all
Maricopa County Human Services Department Page 25

Section II Special Provisions
costs incurred. The CHDO further agrees to maintain an adequate accounting
system that provides for appropriate grant accounting (including calculation of
CHDO 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. 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 resale or recapture provisions of the affordability standards;
ix. 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
(Attachment A).
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 Administrator’s, 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.
d. Activity Reports – Such reports as required by the County including, but not limited
to, HOME Setup/Completion Reports, Contract Performance Reports, Quarterly
Project Proceeds Reports, Match Reports, MBE/WBE information, and other
Maricopa County Human Services Department Page 26

Section II Special Provisions
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
in 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 and the Administrator, its
designees, and the federal government, at any time during normal business hours, as
often as the County or Administrator 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 2 CFR 200.501.
f. Performance Monitoring – The Administrator shall 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 Administrator 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 Administrator 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
58, Subpart A; CPD Notice 01-11 HOME Environmental Review Requirements and with all
conditions required in the process of the environmental assessment.
Maricopa County Human Services Department Page 27

Section II Special Provisions
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 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
Administrator, 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 they utilize and make available the HOME funds in
conformity with the non-discrimination and equal opportunity requirements set out in the
HUD regulations in the National Housing Affordability and Stability Act (24 CFR §§ 92.350-
92.454), which include:
a. The requirements of the Fair Housing Act, (42 CFR §§ 3601-3620), and
implementing regulations at 24 CFR Part 100 (discriminatory conduct under the
Maricopa County Human Services Department Page 28

Section II Special Provisions
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
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.
Maricopa County Human Services Department Page 29

Section II Special Provisions
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 Administrator and the County retains the legal right to inspect the
employment papers of any CHDO or vendor’s employee who works on the
Agreement 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 Administrator and 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
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.
Maricopa County Human Services Department Page 30

Section II Special Provisions
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 and review all subcontracted services on an annual
basis to assure contract compliance. Results of monitoring efforts shall be summarized in
Monthly Progress 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. THE ADMINISTRATOR AGREES TO
a. Complete and submit to the County all Environmental Reviews (ERs) in a timely
manner.
b. Provide technical assistance to the CHDO on a continuing basis.
c. Approve all requests for reimbursement, review all requests for Agreement
amendments and make recommendations to the County thereof in a timely manner.
d. Monitor timely implementation of the CHDO’s project including encumbrance
obligation and make recommendations for compliance.
e. Keep the Maricopa HOME Consortium informed of progress toward goals.
f. Serve as lead in the Maricopa HOME Consortium monitoring team for the CHDO
annual formal monitoring.
g. Be the lien holder for all real estate developed, if applicable.
h. At the completion of the project, provide a close out memo detailing the on-going
HOME requirements and responsibilities for the affordability period.
T. 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 Manual. 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
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
Maricopa County Human Services Department Page 31

Section II Special Provisions
4. The Agreement has otherwise been terminated.
Following the receipt and approval of the Completion Report for each activity, the County will notify
the Administrator in writing that each activity is closed. In compliance with 24 CFR 92.502(d) all
project completion data shall be entered in IDIS within 120 days of the final drawdown for all
activity types. Project completion means projects have all necessary title transfer and construction
work completed, projects comply with HOME requirements including property standards set forth
at 24 CFR 92.251, the final draw has been disbursed; and the project completion data entered into
IDIS.
For the purposes of 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 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.
U. FAILURE TO MAKE PROGRESS
1. Failure of the CHDO to make progress according to the Schedule of Completion 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 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 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 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 in paragraph 15 above or
in the milestones in the Work Statement of this Agreement. The County in its sole discretion
may forgo providing technical assistance and recapture 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 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 90 days of
Agreement expiration.
V. GENERAL CONDITIONS
1. It is expressly understood by the Parties 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
Maricopa County Human Services Department Page 32

Section II Special Provisions
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.
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 all Parties, and provided that such amendments are in compliance with the
Maricopa HOME Consortium Policies and Procedures 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, make changes within the general scope of this Agreement in any one or more of
the following areas:
a. Work Statement activities which do not:
i. Increase or decrease the amount of total Agreement funding;
ii. Modify the project timeline as long as the last day of the project timeline is
within the end date of the Agreement; or
iii. Modify terms consistent with any change to the Work Statement required
by Federal, State, or County regulations ordinances or policies.
b. Administrative requirements, such as changes in reporting periods, frequency of
reports, or report formats required by HUD or local regulations, policies, or
requirements. It is the CHDO’s responsibility to ensure the latest documents are
consulted and followed.
c. The County may increase or decrease funding resulting from a reallocation
pursuant to a majority vote of the Consortium members with the agreement of
both parties; provided the change in funding is approved by the Board of
Supervisors.
5. The invalidity in whole or in part of any provision of this Agreement shall not void or affect
the validity of any other provision of this Agreement.
6. 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 Manual shall constitute a breach of this Agreement.
7. 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 Agreement
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.
8. 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.
9. CHDO shall acknowledge the contribution of the County HOME Program in all published
literature, brochures, programs, flyers, etc., during the term of the Agreement.
10. CHDO shall execute and abide by Certifications mandated by the HOME Program
requirements as listed in HOME CERTIFICATIONS.
W. REVERSION OF ASSETS
Maricopa County Human Services Department Page 33

Section II Special Provisions
Upon expiration of this Contract, 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 Contract, 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 90
days prior to termination of the Agreement.
Maricopa County Human Services Department Page 34

Section II Special Provisions
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 C.F.R. 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
Maricopa County Human Services Department Page 35

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 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
Maricopa County Human Services Department Page 36

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: ___________________________________
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 37

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 38

SECTION III
WORK STATEMENT
MARICOPA COUNTY HUMAN SERVICES DEPARTMENT
Maricopa County Human Services Department Page 39

Section III Work Statement
MARICOPA COUNTY
HOME Investment Partnerships Program
FY 2015-2016
DUNS Number: 022225143
Program Year: FY 2015-2016
Project: Chandler CLT Acquisition / Resale
Type of Property: Single Family Residential
Amount of Funding
OTHER
CHDO HOME CASH MATCH TOTAL
RESOURCES
AMOUNT AMOUNT BUDGET
AMOUNT
$400,000 $590,185 $990,185
Work Statement
Newtown CDC, acting in the capacity of a developer, will acquire and rehabilitate up to four (4) single-family
homes in Chandler. This is a scattered-site homeownership project and will target zip codes 85224, 85225,
and 85226 to be supplemented by the specific street address. Parties agree to execute an addendum, once
properties are identified. Addenda to this Agreement identifying individual properties by street address for
participation in Newtown’s Chandler Community Land Trust Program (CLT) will be executed before funding
is made available. Funds will be considered to be committed to Newtown only after all Program requirement
are met, including: all funding necessary for the project is secured, a budget and schedule are established,
underwriting and subsidy layering is completed, construction is scheduled to begin within 12 months and
individual addresses for acquisition are identified.
Funds for rehabilitation are obligated by completing a detailed set of plans and specifications (work write-up)
and completing a detailed set of plans and specification and a detailed construction/rehabilitation cost
estimate based upon those specifications. Such cost estimates may include a contingency for construction
change orders of up to 15% for rehabilitation and up to 5% for new construction. The Administrator will
inspect the property prior to occupancy and at project completion to ensure compliance with applicable
standards and codes. The property will be free from any defects that pose a danger to the health and safety
of occupants, and meet written rehabilitation standards and local codes and ordinances at project completion.
Copies of final inspections will be retained in the project files and submitted to the County upon submitting
completion report.
Completed homes will be sold to eligible low-income first-time homebuyers. Properties will initially be
acquired using the Newtown CDC line of credit, following completion of environmental review
requirements.
In addition to the requirements set forth in Section IV Compensation, Newtown CDC will execute a Deed of
Trust and Note provided by the Administrator and naming the City of Chandler as Beneficiary in order to
secure any funds provided to Newtown CDC as reimbursement for acquisition costs.
Upon resale of the property to an eligible buyer the Administrator will provide a Deed of Release and Re-
conveyance (By Beneficiary) for the secured acquisition funds.
Maricopa County Human Services Department Page 40

Section III Work Statement
Eligible buyers will be required to complete an approved homebuyer education class and homeownership
counseling. Eligible buyers will also be required to complete a Community Land Trust (CLT) orientation, at
which time the ground lease, resale restrictions, shared equity and all other provisions of the CLT program
are fully explained.
Beneficiaries: Up to four first time homebuyers at or below 80% of the area median income level. Newtown
CDC, as the CHDO, will secure affordability through the Resale Provisions.
Beneficiaries income eligibility will be verified by Newtown CDC staff and will comply with 24 CFR
92.203(d)(1)
Consolidated Plan – The project will increase the supply of affordable rental units for low and very low
income households. High priority rated in the Consolidated Plan.
A. OBJECTIVES AND OUTCOMES:
OUTCOMES
OBJECTIVE AVAILABILITY/
ACCESSIBILITY AFFORDABILITY SUSTAINABILITY
x
DECENT Single Family Homebuyer Activities, Acq/Rehab of
Housing Activities in a
HOUSING Housing Rehab and rental housing, Acq/New Construction
targeted revitalization
Emergency Rehab, of rental housing, Expansion of assisted
area
Homebuyer rental units in the private marketplace
Assistance
B. LOGIC MODEL: PERFORMANCE INDICATORS
OUTPUTS
INPUTS/RESOURCES ACTIVITIES PARTICIPATION OUTCOMES OBJECTIVES
Newtown CDC staff, Acquire and Four households. Increased Decent housing.
Funding, Contractors rehabilitate four (4) affordable
units of Affordable housing for low
Housing. mod income
families. Increase
in
homeownership,
improved
neighborhoods,
improved quality
of life.
C. SITE INFORMATION: Scattered sites in Chandler targeting zip codes 85224, 85225, and 85226.
Parties will execute addenda to this agreement when specific parcels are identified..
D. PERFORMANCE REPORTING - GOALS:
Project Completion date: Must be completed within 24 months of contract execution
Maricopa County Human Services Department Page 41

Section III Work Statement
TIMELINE OF ACTIVITIES
START COMPLETION
MILESTONES: Tasks to be Performed
DATE DATE
Application/market study 12/15 1/16
Site selection 3/1/16 1/31/17
Environmental reviews to City of Chandler 3/1/16 1/31/17
Homeownership counseling/buyer preparation 1/16 5/31/17
Acquisition/rehabilitation of homes 4/1/16 1/31/17
Resale of properties to homeowners 5/1/16 5/31/17
Final Close-out /Project Completion Form 6/1/17 6/30/17
Any change to the Timeline will need to be approved by the County.
E. ACTIVITY FOLLOW-UP AND LONG TERM COMMITMENT:
The HOME units created will have a period of affordability of 15 years. During this time, the project will
be monitored annually and the units will be verified annually. The affordability standard is applied to
both the original homebuyer and subsequent purchaser and will be enforced by imposing deed
restrictions, covenants running with the land, or other similar mechanisms.
F. ACTIVITY BUDGET SUMMARY:
OTHER TOTAL
HOME CASH
ACTIVITY RESOURCES ACTIVITY
AMOUNT MATCH
AMOUNT BUDGET
Acquisition (c) $400,000 $349,060 $749,060
Demolition
New Construction
Reconstruction
Rehabilitation $140,000 $140,000
Relocation
Development Costs (b) $30,000 $30,000
Staff Costs (b)
Services (b)
Administration Costs
Development Fees 0 $71,125 $71,125
Other (Specify)
TOTALS $400,000 $ 0 $590,185 $990,185
(a) If match will be in the form of cash and will be used in this project only. Do not include non-cash
match in this budget.
(b) These costs must be address specific; otherwise, these costs must be considered administrative
costs.
(c) $2,500 per activity/property will be withheld from the total amount of HOME funds obligated to
each activity/address until a completion form is submitted by Newtown CDC.
Maricopa County Human Services Department Page 42

Section III Work Statement
G. ACTIVITY MATCH:
SPECIFIC
AMOUNT FORM OF MATCH
SOURCE
$100,000 IDEA/WISH match funds FHLB
TOTAL $100,000
H. SALES PRICE:
To ensure the homes are affordable for the target income groups, the sales prices shall be calculated
so that the Buyers' monthly housing expenses are 28% of their gross monthly household income.
Monthly housing expenses include principal, interest, property taxes, home insurance, HOA fees, and
monthly ground lease fees. Buyers' monthly housing expenses must be at least 24% and not exceed
33% of Buyer's gross monthly household income; unless there are documented compensating
factors.
Homebuyers may obtain only mortgage loans with a fixed term and interest rate; lender fees may not
exceed 5% of the mortgage amount.
The income of buyers shall be determined according to the requirements at 92.203.
In addition, the property has an estimated value after rehabilitation that does not exceed 95 percent
of the median purchase price for the area as described in 24 CFR 92.254(a)(2)(iii).
I. CHDO PROJECT PROCEEDS:
All proceeds generated from CHDO development activities shall be considered project proceeds and
subject to the project proceeds requirements set forth in HOME Program regulations. Project
proceeds shall be tracked by the CHDO. Documentation supporting the amount of project proceeds
received and expended shall be submitted on the periodic progress report, if requested by the
County. Project proceeds shall be retained and expended by the CHDO for acquisition and/or
rehabilitation of additional properties under this Agreement.
J. 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:
The housing that is acquired with HOME funds will be single family housing. The family or
individual acquiring the housing must qualify as Low Income and maintain the housing as their
principal residence throughout the Period of Affordability, which shall be for a period of 15 years in
accordance with HOME program requirements. Resale provisions (Attachment D) will be used to
ensure compliance with the period of affordability required by HUD at 92.254 of the HOME
regulations.
Maricopa County Human Services Department Page 43

SECTION IV
COMPENSATION
MARICOPA COUNTY
HUMAN SERVICES DEPARTMENT
Maricopa County Human Services Department Page 44

Section IV Compensation
A. COMPENSATION
Subject to the availability and authorization of funds for the explicit purposes set forth below,
County will pay the Administrator 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 Request for
Reimbursement Form (Attachment A) to the Administrator for approval unless monthly
expenditures for the activity do not exceed One Thousand Dollars ($1,000.00). 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 the Administrator for actual allowable costs incurred, upon certification
of HUD Environmental Release of Funds and submittal by CHDO to the Administrator of an
itemized statement of actual expenditures incurred, supported by appropriate documentation.
Reimbursement by County is not to be construed as final in the event that HUD disallows
reimbursement for the Program or any portion thereof.
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 and the Administrator 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 Four Hundred Thousand dollars
($400,000) 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 contract 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 10th.
- 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.
Maricopa County Human Services Department Page 45

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 the Administrator, 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.
Maricopa County Human Services Department Page 46

Section V Attachments
SECTION V
FORMS
MARICOPA COUNTY
HUMAN SERVICES DEPARTMENT
Maricopa County Human Services Department Page 47

Section V Attachments
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 48

Section V Attachments
Maricopa County Human Services Department Page 49

Section V Attachments
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.
Maricopa County Human Services Department Page 50

Section V Attachments
Attachment C
HOME Funds Match Certification
Maricopa County Human Services Department Page 51

Section V Attachments
Attachment D
RESALE PROVISIONS
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 total investment of HOME funds in the unit, regardless of
whether or not the funds are reflected in buyer financing. The period of affordability varies with the level of
HOME Funds or project proceeds provided as reflected in the following table outlines the required minimum
affordability periods for homebuyer projects that are subject to resale restrictions:
HOME Funds/Project Affordability Period
Proceeds Provided
<$15,000 5 years
$15,001 to $40,000 10 years
>$40,001 15 years
“Affordable price” is a price at or below the amount that a low income family (at or below 80% AMI) in
which the family is paying no more than 30% of their monthly income for the payment of mortgage principal
and interest, property taxes, and insurance (PITI).
“Affordable to a range of low-income buyers” means that a sales price also cannot exceed a price that is
affordable to households at or below 80% of the area median income (AMI).
“Community Land Trust Ground Lease” is a 99-year CLT Ground Lease between the buyer and Newtown
CDC which contains provisions that: a.) require the housing to be used as the buyer’s principal residence; b.)
restricts resale / transfer only to Low-Income buyers; c.) has a shared-appreciation provision that limits the
sale price of the housing and helps ensure affordability for future buyers;
“Declaration of Affirmative Land Use Restrictions” is a document executed between the Administrator and
Newtown CDC and recorded against the land to secure the Period of Affordability as required by HUD. The
Period of Affordability is based on the total amount of HOME funds invested in the housing.
“Eligible low-income households” are households whose annual incomes do not exceed 80% of the median
income for the area as determined by HUD with adjustments for family size and the housing must be
occupied by the low-income household as its principal residence throughout the affordability period.
“Fair Return to Seller” for leasehold properties is defined as the lessees purchase price, plus 25% of the
lessee’s share of the increase in leasehold value at time of resale based on a leasehold valuation performed by
a duly licensed appraiser.
“Improvements” refers to the single family dwelling which the buyer purchases for use as the buyer’s
principal residence and does not include the land upon which the dwelling is located.
“Performance Deed of Trust” is a deed between the buyer and Newtown CDC listing Newtown CDC as the
beneficiary; this ensures that Newtown CDC is notified in the event the owner of the improvements attempts
to refinance or transfer the property.
“Right of First Refusal” guarantees Newtown CDC the first right to purchase the improvements in the event
the buyer seeks to sell the improvements. The Right of First Refusal is part of the Community Land Trust
Ground Lease and is recorded as a separate document.
Maricopa County Human Services Department Page 52

Section V Attachments
RESALE PROVISIONS
Resale Provisions will be used to ensure compliance with the period of affordability required by HUD at
92.254 of the HOME regulation. Resale restrictions will ensure that housing assisted with HOME funds is
made available for resale only to HOME program eligible low-income households that will use the property
as their principal residence. The resale restrictions will be secured by a Community Land Trust (CLT) Ground
Lease and the Affordability Period will be secured by the Declaration of Affirmative Land Use Restrictions.
The Declaration of Affirmative Land Use Restrictions is executed between the Administrator and Newtown
CDC and is recorded against the land to secure the total HOME investment in the property as well as the
Period of Affordability as required by HUD.
Notwithstanding the foregoing, pursuant to 24 CFR 92.254(a)(5)(i)(A)) the restriction may be extinguished by
a third-party lender in the event of foreclosure, transfer in lieu of foreclosure or assignment in order to clear
title.
The CLT Ground Lease, a Memorandum of Ground Lease and Right of First Refusal, and a “Performance”
Deed of Trust will be recorded at closing.
The shared appreciation provision will conform to Maricopa HOME Consortium Recapture / Resale
Provisions: Upon resale, the CHDO and seller will share in the appreciation of the property. The seller will
receive a fair return as defined herein.
The seller must have the HOME eligible buyer and sales price approved by the CHDO, Administrator,
and/or the County.
If the fair market value of a HOME assisted property subject to resale provisions is more than what is
affordable to the subsequent low-income purchaser, the additional HOME assistance may be provided by the
CHDO, Administrator and/or the County.
Maricopa County Human Services Department Page 53