DG1305 CDBG AGREEEMENT WITH TRELLIS.PDF

-?-3-I4 -009- 3-00
SUBRECIPIENT AGREEMENT
for services between
MARICOPA COUNTY
Administered by its
Human Services Department
and
Neighborhood Housing Services of Phoenix
Contract Amount: $66.,277
Contract Start Date: July 1,2013
Contract Termination Date: Contract Term 24 months from the date fully executed.
Contract Number: C-22-14-009-3-00
Program Number: DG1305
CFDA Number: 14.218, Community Development Block Grant
DUNS #: 80850
This Agreement is entered into by and between the Neighborhood Housing Services of Phoenix
(hereinafter referred to as the "Subrecipient"), and Maricopa County, administered by its Human
Services Department, (hereinafter referred to as the "County"). The Suhrecipient and County are
collectively referred to herein as the "Parties" and individually as a "Party." The Subrecipient, for
and in consideration of the covenants and conditions set forth in this Agreement, shall provide and
perform the services set forth herein. All rights and obligations of the Parties shall be governed by
the terms of this Agreement, its exhibits, attachments, and appendices, including any Subcontracts,
Amendments, or Change Orders as set forth herein and in:
Section I — General Provisions
Section II — Special Provisions
- Certifications
- Special CDBG Certifications
- Appendix to Certifications
- Attachment A
Section III — Work Statement
Section IV — Compensation
Contractor Representative: Todd Francis Phone: (602) 258-1659
Chief Operating tfrancis@nhsphoeniLorg
Officer Address: 1405 E. McDowell Rd., #100
Phoenix, AZ 85006
Maricopa County Representative: Carl Morgan Phone: (602) 372-1529
Pros. Coord. Email: morganc002@mail.maricopa.gav
Address: 234 N. Central Avenue, 3rd Floor,
Phoenix, AZ 85004
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Notice under this Agreement shall be given by personal delivery or by registered or certified mail, postage
prepaid and return receipt requested, to the persons at the addresses set forth above and shall be effective
three (3) days after being mailed unless otherwise indicated in the notice.
This Agreement contains all the terms and conditions agreed to by the Parties. No other understanding, oral
or otherwise, regarding the subject matter of this Agreement shall be deemed to exist Or to bind any Party
hereto. Nothing in this Agreement shall be construed as consent to any lawsuit or waiver of any defense in a
lawsuit brought against the State of Arizona, County, or the Subrecipient in any State or federal court.
IN WITNESS THEREOF, the Parties have signed this Agreement:
Approved By:
SUBRE.CIPIENT
eztvfif
Chairman, Board of Supervisors
AUG 2 1 2013
DATE DATE
CTëBi, Board of Supervisors
AUG 2 1 2013
0.‘TH
IN ACCORDANCE wrni AR.S j2,I 12O1, AND 11-251, THIS AGREEMENT 11AS BEEN REVIEWED BY
THE UNDERSIGNED DEPUTY COUNTY ATTORNEY WHO HAS DETERMINED THAT THIS AGREEMENT IS
PROPER IN FORM AND WITHIN THE POWER AND AIM IORITY GRANTED UNDER THE LAWS OF `HIE STATE
OF ARI ZONA.
APPROVED AS TO FORM:
Attorney for the Board of Supervisors
D0r)
DATH
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tV•garlc.+05:italEeta.-V.r,
SECTION I
GENERAL PROVISIONS
Maricop a County
Human Services Department
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Section I General Provisions
A. ,EFFECT
To the extent that the Special Provisions are in conflict with the General Provisions, the Special Provisions
shall control, To the extent that the Work Statement and the Special or General Provisions are in conflict,
the Work Statement shall contra 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. 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.
2. Assistant Director means the Director of a specific Division within the Human Services
Department_
3. Board of Supervisors means the Maricopa County Board of Supervisors,
4. Contract means any contract entered into by a Subrecipient with a third party for performance of
any of the work or provision of any of the services covered by this Agreement,
5. Contract Administrator means the person administering this Agreement on behalf of the
Department
6. Contract Coordinator means the liaison between the Department and the Subrecipient that is
responsible for contract monitoring and technical assistance.
7. Contractor means an entity funded through the Subrecipient to provide services required by the
Work Statement
8. County means Maricopa County.
9. Department means the Maricopa County Human Services Department.
10, Director means the Director of the Maricopa County Human Services Department
11. Division means a section of the Human Services Department.
Fidelity Bond means a bond to indemnify the Subrecipient against losses resulting from fraud or
lack of integrity, honesty or fidelity of one or more employees, officers or other persons holding a
position of trust
13. Intergovernmental Agreement means an agreement entered between two or more public
agencies fox services, to jointly exercise any power common to them, or
for joint or cooperative action to perform some or all of the services specified in their agreement as
provided by A.R.S. § 11-952.
14. Juvenile means any person under the age of eighteen (18).
15. 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.
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Section 1 General Provisions
16. Performance Bond means a bond executed to secure fulfillment of all of the Subrecipient's
obligations under this Agreement.
17, Program Manager means the Assistant Director of a Division of Human Services.
18. Provider means any Subrecipient and/or contractor providing services required by this
Agreement
19, Public Agency has the meaning prescribed by A.R.S. § 11-951.
20. Subcontract means any contract entered into by a Subrecipient with a third party for performance
of any of the work or provision of any of the services covered by this Agreement.
21. Subcontractor means an entity funded through the Subrecipient to provide services required by
the Work Statement.
22. Subrecipient means the person, firm or organization listed on the Cover Page of this Agreement.
23, 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
laws and regulations of the United State Department of Housing and Urban Development (HUD).
Any lawsuit arising out of this Agreement shall be brought in the appropriate court in Maricopa
County, Arizona.
The Subrecipient shall, without limitation, obtain And maintain all licenses, permits and authority
necessary to do business, render services and perform work under this Agreement, and shall
comply with all laws regarding unemployment insurance, disability insurance and worker's
compensation.
3. The Subredpient is an independent contractor in the performance of work and the provision of
services under this Agreement and is not to be considered an officer, employee or agent of the
County.
4. Subrecipienr shall comply with the regulations prohibiting a conflict of interest and shall not make
any payments, either directly or indirectly, to any person, partnership, corporation, trust or other
organization that has a substantial interest in the Subrecipient's organization or with which
Subrecipient (or one of its directors, officers, owners, trust certificate holders or a relative thereof)
has a substantial interest, unless Subrecipient has made full written disclosure of the proposed
payments to the Department and has received written approval therefore.
5. For purposes of this provision, the terms "substantial interest" and "relative" shall have the
meanings prescribed by A.R.S, § 38-502.
1). AMENDMENTS
This Agreement constitutes the entire agreement between the parties with respect to the subject matter
hereof, and all prior agreements, representations, statements and undertakings are hereby expressly
cancelled. All Amendments to this Agreement shall be in writing and signed by authorized signers for both
Parties,
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Section 1 General Provisions
E. 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 Contract Administrator. Subrecipient shall bear
all liability under this Agreement, even if it is assigned, delegated or subcontracted, in whole or in pare
unless the Department agrees otherwise.
P. AVAILABILITY Oil FUNDS
1, The provisions of this Agreement relating to the payment for services shall become effective when
funds assigned for the purpose of compensating the Subrecipient, as provided herein, are actually
available to the Department for disbursement The Director shall be the sole authority in
determining the availability of funds under this Agreement and the Department shall keep the
Subrecipient fully informed as to the availability of funds.
2. If any action is taken by any State agency, federal department or any other agency or
instrumentality to suspend, decrease or terminate its fiscal obligation under, or in connection with
this Agreement, the 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 ptovisions of this Agreement.
The Department shall give written notice of the effective date of any suspension, amendment, or
termination under this section at least ten (10) calendar days in advance.
G. BUDGET ADJUSTMENTS
Any requests for reasonable budget adjustments must be submitted ninety (90) days prior to the expiration
of this Agreement. Requests for adjustments to this Agreement must be supported by appropriate
documentation, If the County agrees to the budget adjustments, the County shall follow section D of this
Agreement to amend this Agreement.
H, 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 rim; which shall
not exceed one hundred nvenry (120) days, shall be submitted in accordance with the following
dispute resolution process.
Disputes must be in writing and filed with the Contract Administrator, if one has been appointed,
or, if not, with the County Procurement Officer within ten (10) working days from the date the
Subrecipient 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 the Subrecipient within
fourteen (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 the
Subrecipient receives the decision, Subrecipient files a written notice of appeal with the Director of
the Materials Management Department of lalaricopa County, who shall provide the Subrecipient
with a written response within fourteen (14) working days following receipt of the Subrecipient's
notice of appeal. The decision of the Director shall be final.
3, Pending a final decision of the Director of the Materials Management Department, the
Subrecipient shall proceed diligently with the performance of this Agreement in accordance 'with
the Contract Administrator or County Procurement Officer's decision,
I. DEFAULT AND REMEDIES FOR NONCOMPLIANCE
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Section I General Provisions
I. Notwithstanding anything to contrary, this Section shall not be deleted or superseded by any other
provision of this Agreement.
2. This Agreement may be immediately terminated by the County if the Subrecipient defaults by
failing to perform any objective or breaches any obligation under this Agreement, or any event
occurs that jeopardizes the Subrecipient's ability to perform any of its obligations under this
Agreement The County reserves the right to have service provided by persons other than the
Subrecipient if the Subrecipient is unable or fails to provide required services within the specified
time frame in the work statement.
3. Failure to comply with the requirements of this Agreement and all the applicable federal, state, or
local laws, rules, and regulations may result in suspension or termination of this Agreement, the
return of unexpended funds (less just compensation for work satisfactorily completed that, to date,
has not been paid), the reimbursement of funds improperly expended, or the recovery of funds
improperly acquired. Noncompliance includes, but is not limited to:
a. 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. Improper disposition of program income.
c. Noncompliance with applicable financial record requirements, accounting principles, or standards
established by OMB circulars.
f. Noncompliance with recordkeeping, record retention, or reporting requirements.
Notwithstanding the suspension or termination of this Agreement, or the final determination of the proper
disposition of funds, Subrecipient shall, without intent to limit or with restrictions, be subject to the
following
i. 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 axe
similarly revoked and unavailable.
E. Not be relieved of any liability or responsibility associated with the Special Provision or Work
Statement.
iii. Acknowledge that suspension or termination of this Agreement does not affect or terminate am'
rights against the Subrecipient at the time of suspension or termination, or that may accrue later.
Nothing herein shall be construed to limit or terminate any right or remedy available under
contract or rule.
iv. 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.
The Subrecipient shall, upon notice or with knowledge obtained by itself or others, take any and all
proactive actions necessary, and provide any and all applicable remedies to address and correct any act by
itself, its employees, officials, successors, assigns, contractors, or subcontractors that resulted in any
wrongdoing (intentional or unintentional); misuse or misappropriation of funds; the incorrect or improper
disposition of funds; any violation of any federal, state, or local law, rule, or regulation; or the breach of any
certification or warranty provided in this Agreement.
TERMINATION
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Section I General Provisions
1. Either Party may terminate this Agreement at any time by giving the other Party at least sixty (60)
calendar days prior notice in writing (unleas terminated by the Board of Supervisors under the
Availability of Funds provision). The notice shall be given by personal delivery or by registered or
certified mail, postage prepaid and returned receipt requested.
2, This Agreement may be terminated by mutual written agreement of the Parties specifying the
termination date therein.
3. The County has the right to terminate this Agreement upon twenty-four (24) hour notice when the
County deems the health or welfare of the service recipients are endangered or Subrecipient's non-
compliance jeopardizes funding source financial participation. If not terminated by one of the
above methods, this Agreement will terminate upon the expiration of the term of this Agreement
stated on the Page One of this Agreement
4. In accordance with 24 CFR § 85.43, County may suspend or terminate this Agreement if
Subrecipient violates any term or condition of this Agreement or if Subrecipient fails to maintain a
good faith effort to carry out the purpose of this Agreement.
5. County or Subrecipient may terminate this Agreement for convenience in accordance with 24 CFR
5 8544. Both Parties shall agree upon the termination conditions including the effective date of
the termination. The party initiating the termination shall notify the other party in writing stating
the reasons for such termination.
K. 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.
L. STRICT COMPLIANCE
The Department's acceptance of Subrecipient's performance that is not in strict compliance with the terms
hereof shall not be deemed to waive the requirements of strict compliance for all future performance. All
changes in performance obligations under this Agreement shall be in writing and signed by both Parties.
M. NON-LIABILITY
The County, its officers, representatives, agents and employees shall not be liable for any act or omission by
the Subrecipient or their contractor, or any officer, representative, agent or employee of the Subrecipient, or
their contractor occurring in the performance of this Agreement, nor shall these entities be liable for
purchases or contracts made by the Subreeipient or their contractor, or any officer, representative, agent
and employee of the Subrecipient or their contractor in connection with this Agreement.
N. RECIPROCAL INDEMNIFICATION
Each Party (as "indernnitor") agrees to indemnify, defend, and hold harmless the other Party (as
"Indernnitee") from and against all claims, losses, liability, costs, or expenses (including reasonable
attorneys' fees, expert witnesses' fees and other litigation costs) (hereinafter collectively referred to as
"Claims") arising out of bodily injury (including death) of any person or property damage, but only to the
extent that such claims, which result in vicarious liability to the Indemnitee, are caused by the act, omission,
negligence, misconduct, or other fault of the Indenanitor, its officers, officials, agents, employees, or
volunteers.
O. TECHNICAL ASS STANCE
The Department will provide reasonable technical assistance to the Subrecipient to assist in complying with
State and federal laws, regulations and accountability for diligent performance and compliance with the
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Section 1 General Provisions
terms and conditions of this Agreement and all applicable laws, regulations and standards. However, this
assistance in no way relieves the Subrecipient of full responsibility and accountability for its actions and
performance in compliance with the terms of this Agreement
P. SINGL AUDIT ACT REOUIREMENTS
Subrecipients in receipt of federal funds through the Department are subject to the federal audit
requirements of the Single Audit Act of 1984, as amended (Pub. L. No, 98-502) (codified at 31 U.S.C.
7501, et seq.). Subrecipients shall comply with OMB Circular A-133, Upon completion, such audits shall be
made available for public inspection. Audits shall be submitted within the twelve (12) months following the
close of the fiscal year. Subrecipients shall take corrective actions within six (6) months of the date of
receipt of the reports. The Department shall consider sanctions as described in OMB Circular A-133 for
Subrecipients not in compliance with the audit requirements.
Q. AUDIT DISALLOWANCES
1. The Subrecipient shall, upon written notice thereof, reimburse the County for any payments made
under this Agreement that are disallowed by a federal, State or County audit in the amount of the
disallowance, as well as court costs and attorney's fees the County spends to pursue legal action
relating to a disallowance. Court costs and attorney's fees incurred will be specifically identified as
applicable to the recovery of the disallowed costs in question.
2. If the County determines that a cost for which payment has been made is a disallowed cost, the
Department will notify the Subrecipient in writing of the disallowance and the required course of
action, which shall be at the option of the Department, either to adjust any future claim submitted
by the Subrecipient by the amount of the disallowance or to require immediate repayment of the
disallowed amount by the Subrecipient issuing a check payable to the County.
R. STAFF AND VOLUNTEER TRAINING
The Department may make available to the Subrecipient the opportunity to participate in any applicable
training activities conducted by the Department.
S. CLEAN AIR ACT
If the total face value of this Agreement exceeds $100,000, the Subrecipient agrees to comply with all
regulations, standards and orders issued pursuant to the Clean Air Act of 1970, as amended (42 U.S.C. §§
7401, et seq.), to the extent any are applicable by reason of performance of this Agreement.
T. LOBBYING
1. No federal appropriated funds have been paid or will be paid by or on behalf of the Subrecipient to
any person for influencing or attempting to influence an officer or employee of any agency, a
member of Congress, an officer or employee of Congress, or an employee of a member of
Congress in connection with the awarding of any federal contract, the making of any federal grant,
the making of any federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any federal contract, grant, loan, or
cooperative agreement.
2. If any funds, other than federal appropriated funds, have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a member of
Congress, an officer or employee of Congress, or an employee of a member of Congress in
connection with any federal contract, grant, loan or cooperative agreement, the Subrecipient shall
complete and submit OMB Form-ILL, tided "Disclosure of Lobbying Activities," in accordance
with its instructions and 31 U.S.C. § 1352.
U. RELIGIOUS ACTIVITIES
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Section I General Provisions
The Subrecipient agrees that none of its costs and none of the costs incurred by any Subrecipient,
contractor, or subcontractor will include any expense for any religious activity.
V. POLITICAL ACTIVITY PROHIBITED
None of the funds, materials, property or services contributed by the County or the Subrecipient under this
Agreement shall be used for any partisan political activity, or to further the election or defeat of any
candidate for public office.
W. COVENANT AGAINST CONTINGENT FEES
The Subrecipient warrants that no person or entity has been employed or retained to solicit or secure this
Agreement upon an agreement or understanding for a commission, percentage, brokerage or contingent
fee. For breach or violation of this warranty, the County may immediately terminate this Agreement
without liability.
X. SAFEGUARDING OF PARTICIPANT INFORMATION
The use or disclosure by any Party of any information concerning an applicant for, or recipient of, services
under this Agreement is directly limited to the conduct of this Agreement. Subrecipient and its agents shall
safeguard the confidentiality of this information, just as Subrecipient would safeguard its own confidential
information. Subrecipient shall include a clause to this effect in all Subcontracts.
Y. 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.
Z. COPYRIGHTS
If this Agreement results in a book or other written material, the author is free to copyright the work, but
the County reserves a royalty-free, nonexclusive, perpetual and irrevocable license to reproduce, publish, or
otherwise use and to authorize other to use, all copyrighted material and all material which can be
copyrighted resulting from this Agreement.
AA. 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 Department 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.
BB. CONTRACT COMPLIANCE MONITORING
The Department will monitor the Subrecipienes 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 Department and/or its grantor agencies at any time (luting
the Subrecipienes normal business hours, announced or unannounced. During an on-site visit, the
Subrecipient shall make all of its records and accounts related to work performed or services provided
under this Agreement available to the Department for inspection and copying.
CC. CONTINGENCY RELAYJNG TO OTHER CONTRACTS AND GRANTS
1, The Subrecipient shall, during the term of this Agreement, immediately inform the Contract
Administrator in writing of the award of any other agreement or grant, including any other
agreement or grant awarded by the County, where the award may affect either the direct or indirect
costs being paid or reimbursed under this Agreement. Failure by the Subrecipient to notify the
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Section 1 General Provisions
Department of such award shall be considered a violation of this Agreement and the County may
immediately terminate this Agreement without liability.
2. The Contract Administrator may request, and the Subrecipient shall provide within a reasonable
time, which shall not exceed ten (10) working days, a copy of such other agreement or grant, when
in the opinion of the Contract Administrator the award of the agreement or grant may affect the
costs being paid or reimbursed under this Agreement
3. If the Contract Administrator determines that the award to the Subrecipient of such other
agreement or grant has affected the costs being paid or reimbursed under this Agreement, the
Contract Administrator will prepare an amendment to this Agreement effecting a cost adjustment.
If the Subrecipient disputes the proposed cost adjustment, the dispute shall be resolved pursuant to
the "Disputes" section contained herein.
DD. MINIMUM WAGE REQUIREMENTS
The Subrecipient warrants that it shall pay all its employees who are performing work or providing services
under this Agreement not less than the minimum wage specified under Section 206(a)(1) of the Fair Labor
Standards Act of 1938, as amended (29 U.S.C. 5§ 201, el seq.).
EE. RECOGNITION OF DEPARTMENT SUPPORT
The Subreeipient shall give recognition to the Department, the County and the funding source for its
support when the Subrecipient publishes materials or releases public information that is paid for in whole or
in part with funds received by the Subrecipient under this Agreement.
FF. INSURANCE
The Subrecipient shall have in effect at all times during the term of this Agreement, insurance which is
adequate to protect the County, its officers and employees, participants and equipment funded under this
Agreement against such losses as are set forth below. The Subrecipient shall name the County as an
additional insured party. The Subrecipient shall provide the Department with documentation of insurance
coverage by Furnishing the Contract Administrator a certificate of insurance or a certified copy of the
insurance poky or other documentation that is required by the Contract Administrator.
1. The following types and amounts of insurance are required as minimum:
a. Worker's Compensation according to statutory limits.
b. Unemployment Insurance as required by Arizona Law.
Public Liability, Bodily Injury and Property Damage;
1) General Liability, each occurrence, $1,000,000
2) Property Datnage $1,000,000; or
3) Combined single limit, each occurrence, $1,000,000 minimum.
d. Automobile and Truck Liability, Bodily Injury and Property Damages:
1) General Liability, each occurrence, $1,000,000
2) Property Damage $1,000,000; or
3) Combined single limit, each occurrence, $1,000,000 minimum.
e. Standard minimum deductible amounts are allowable. Any deductible amounts are the
responsibility of the Subrecipient and reimbursement, if any, under this Agreement are
subject to regulatory provisions of the funding source(s) of this Agreement.
f. Property or equipment purchased or furnished through funds provided under this
Agreement shall be fully insured for the purchase or replacement cost of such property or
equipment.
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Section 1 General Provisions
2. Subrecipients providing professional or semi-professional personal services for which malpractice
or professional liability coverage is available, such as medical, psychiatric or legal services, shall
carry minimum liability coverage of $1,000,000 each occurrence and provide the Department with
proof of coverage.
GG. RONDING
1. The Subxecipient shall not receive any initial reimbursements under this Agreement in an amount
greater than the Subrecipient's bonding limit. Subrecipient shall provide the Contract
Administrator with documentation of required bonding.
2. Subrecipient 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.
HH. GRIEVANCE PROCEDURE
The Subrecipient shall establish a system through which applicants for, and recipients of services may
present grievances and may take appeals about eligibility and other aspects of the Subrecipient's work under
this Agreement. The grievance procedure shall include provisions for notifying the applicants for, and
recipients of, services of their eligibility or ineligibility for service and their right to appeal to the
Department if the grievance is not satisfied at the Subrecipient's level
NONDISCRIMINATION
The Subrecipient, in connection with any service or other activity under this Agreement, shall not in any
way, discriminate against any person on the grounds of race, color, religion, sex, national origin, age,
disability, political affiliation or belief. The Subrecipient shall include this clause in all of its Subcontracts.
B. EQUAL EMPLOYMENT OPPORTUNITY
The Subrecipient shall not discriminate against any employee or applicant for employment because of race,
age, disability, color, religion, sex or national origin. The Subrecipient shall 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 Subrecipient shall, to the extent such provisions apply, comply with Title VI and VII
of the Civil Rights Act of 1964, as amended (42 U.S.C. §i 2000a, el 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.
FINANCIAL MANAGEMENT
The Subrecipient shall establish and maintain a separate, interest-bearing bank account for money provided
under this Agreement, or an accounting system that assures the safeguarding and accountability of all
money and assets provided under this Agreement. No part of the money deposited in the bank account
shall be commingled with other funds or money belonging to the Subrecipient All interest earned on the
account shall be disposed of in a manner specified by the County in accordance with applicable State and
federal regulations, The Subrecipient shall provide a signed bank account agreement authorizing the
County to obtain information about the account If an accounting system is used, it shall be in accord with
generally accepted accounting principles.
LL. RETENTION OF RECORDS
1. This provision applies to all financial and programmatic records, supporting document, statistical
records and other records of the Subrecipient that are related to this Agreement.
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2, The Subrecipient shall retain all records relevant to this Agreement for six (6) years after final
payment or until after the resolution of any audit questions which could be more than Six (6) years,
whichever is longer, and the Department, federal and State auditors and any other persons duly
authorized by the Department shall have full access to, and the right to examine, copy and make
use of any and all of the records.
MM. ADEQUACY OF RECORDS
If the Subrecipient's books, records and other documents related to this Agreement are nor sufficient to
support and document that allowable services were provided to eligible participants, the Subrecipient shall
reimburse the County for the services not supported and documented.
NN. COMPETITIVE BID REQUIREMENTS
1. Equipment
If this Agreement is with other than a Public Agency, the Subrecipient shall obtain all equipment to
be utilized under this Agreement and purchased with funds provided under this Agreement at the
lowest practical cost pursuant to the following competitive bidding system:
a. Procurements in excess of $300, but Less than $1,000, require oral price quotations from
two or more vendors. The Subxecipient shall keep and maintain a record of the vendors'
verbal quotations. The Subrecipient's award shall be made to the lowest bidder meeting
specification requirements concerning price, conformity to specifications, and other
purchasing factors,
b. Procurements exceeding an aggregate amount of $1,000 must be approved by the
Contract Administrator. At least three (3) bidders shall be solicited to submit written
quotations. The Subrecipient shall solicit written quotations by issuing a Request for
Quotation to at least three (3) vendors. The award shall be made to the lowest bidder
meeting specification requirements concerning price, conformity to specifications, and
other purchasing factors.
2. Supplies
If this Agreement is with other than a Public Agency, the Subrecipient shall obtain all supplies to
be utill7ed under this Agreement and purchased with funds provided under this Agreement at the
lowest practical cost and pursuant to a system of written quotes whenever the price is expected to
be greater than $300, unless the Subrecipient obtains the Contract Administrator's prior written
approval to purchase supplies by an alternate method,
3, Minority. Women and Small Business Enterprises
The Subrecipient shall take affirmative steps to provide an opportunity for minorities, women, and
small businesses to compete in the procurement of equipment and supplies under this Agreement.
4, If the Subrecipient is a Public Agency, the Subrecipient's own bidding procedures shall govern.
5. Funding source requirements relating to competitive bid procedures may supersede any or all
subparts of this clause and will be specified in the Special Provisions Section of this Agreement.
00. 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 Department, 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 Subrecipient within the limits budgeted
herein. Repair costs beyond the budgeted amount shall be approved by the Contract Administrator.
PP. IMMIGRATION REFORM AND CONTROL COMPLIANCE
Subrecipient understands and acknowledges the applicability of the Immigration Reform and Control Act
of 1986 (Pub. L. No. 99-603) ("IRCA"). Subrecipient shall comply with the IRCA in performing under this
Agreement and shall grant the County access to inspect its personnel records to verify such compliance.
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QQ. DRUG FREE WORKPLACE ACT
The Subrecipient agrees to comply with the Drug-Free Workplace Act of 1988 (41 U.S.C, §§ 701, et leg),
which requires that Subrecipients and grantees of federal funds must certify that they will provide drug-free
workplaces. This certification is a precondition to receiving a grant or entering into this Agreement.
RR. GOVERNOR'S EXECUTIVE ORDER NO. 88.26
The Subrecipient is required to use the Arizona Taxonomy of Human Services for reporting and
contracting purposes.
SS. 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 conarnission 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.
TT. 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 Pasties shall be only those expressly set forth in this
Agreement.
The Parties agree that no individual performing under this Agreement on behalf of the Subrecipient is to be
considered a County employee, and that no rights of County civil service, County retirement, or County
personnel rules shall accrue to such individuaL The Subrecipient shall have total responsibility for all
aaleries, wages, bonuses, retirement, withholdings, workman's compensation, occupational disease
compensation, unemployment compensation, other employee benefits, and all taxes and premiums
appurtenant thereto concerning such individuals and shall save and hold the County harmless with respect
thereto.
UU. CERTIFICATION REGARDING DEBARMENT. SUSPENSION INELIGIBILITY AND
VOLUNTARY EXCLUSION
The undersigned by signing and submitting this Agreement has the authority to certify the Subrecipient to
the terms, representations and/or warrants of this Certification. The (put in name of the organization)
("Subrecipienn, defined as the primary participant in accordance with 45 C.F.R Part 76, certifies to the
best of its knowledge and belief that it and its principals:
(a) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by any federal department or agency;
(b) have not within a 3-year period preceding this Agreement been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (federal. State, or local) transaction or
contract under a public transaction; violation of federal or State antitrust statutes or commission of
embezzlement, theft, forgers', bribers', falsification or destruction of records, making false
statements, or receiving stolen property;
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(c) are not Presently indicted or otherwise criminally or civilly charged by a governmental entity
(federal, State, or Ion. with .commission of any of the offenses enumerated in paragraph (b) of this
certification; and
(d) have not within a 3-year petiod preceding this Agreement had one or more public transactions
(federal. State, ox local) terminated for cause or default.
(e) shall immediately notify the Department if, at any time during the term of this Agreement, it is
debarred, suspended, declared ineligible, or voluntarily excluded from participation, The
Department may pursue available remedies in the event of such occurrence, including immediate
termination of this Agreement.
(f) shall not enter into a subcontract or sub-recipient agreement with a person or organization that is
debarred, suspended, declared ineligible, or voluntarily excluded from participation. The
Department may pursue available remedies in the event of such occurrence, including immediate
termination of this Agreement.
The Subrecipient shall include without modification this Certification's language, entitled "Certification
Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion — Lower Tier Covered
Transactions," with all subgrantees or other contractors; in all lower tier covered transactions and in all
solicitations for lower tier covered transactions in accordance with 45 C.F.R. Part 76.
Should the Subrecipient not be able to provide this Cenification, an explanation as to why shall be
immediately provided to the Department, Attend= Maricopa County Human Services, 234 N. Central
Ave., 3rd FL, Phoenix, AZ 85004.
VV. VERIFICATION REGARDING COMPLIANCE WITH ARIZONA REVISED STATUTES S
23-214 AND FEDERAL IMMIGRATION LAWS AND REGULATIONS
By entering into this Agreement, the Subrecipient represents and warrants compliance with the Immigration
and Nationality Act (8 U.S.C. §§ 1101, et seq.) (INA) and all other federal and State immigration laws and
regulations related to the inunigration status of its employees. The Subrecipient shall obtain statements
from its contractors certifying compliance and shall furnish the statements to the Department upon request.
These representations and warren ties shall remain in effect throughout the term of this Agreement. The
Subrecipient anti its contractors shell also maintain Employment Eligibility Verification forms (1-9), as
required by the U.S. Department of Labor's Immigration Reform and Control Act of 1986 (Pub. L. No. 99-
603), for all employees performing work under the Contract 1-9 forms are available for download at
USCIS.GOV.
The Subrecipient warrants that it is in compliance with A.R.S. § 41-4401 (e-verify requirements) and further
acknowledges:
1. That Subrecipient and its contractors, 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;
2. 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;
3. That the County and any contracting government entity retains the legal right to inspect the papers
and employment records of any Subrecipient or contractor employee who works on this
Agreement to ensure that the Subrecipient or contractor is complying with the warranty provided
under subsection 1 above and that the Subrecipient agrees to make all papers and employment
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records of said employee() available dining normal working hours in order to facilitate such an
inspection.
\VW. SUBRECIPIENT CONIPLIANCE3VITI-1 A.4.S. SS 35-391.06 AND 35-393.06 (SCRUTINIZED
BUSINESS RELATIONS WITH SUDAN AND IRAN):
By entering into this Agreement, Subrecipient certifies it does not have scrutinized business operations in
Sudan or Iran. Subrecipient shall obtain statements from its contractors certifying compliance and shall
furnish the statements to the County upon request. These warranties shall remain in effect through the
term of this Agreement.
The County- may request verification of compliance from any Subrecipient or contractor performing work
under this Agreement Should the County suspect or find that the Subrecipient or any of its contractors are
not in compliance, the Countu may pursue any and all remedies allowed by law, including, but not limited
to: suspension of work, immediate termination of this Agreement for default, and suspension and/or
debarment of the Subrecipient. All costs necessary to verify compliance are the responsibility of the
Subrecipient.
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SPECIAL PROVISIONS
Maricopa County
Human Services
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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 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. DEFINITIONS
As used throughout this Section as a supplement to Definitions in Section I, the following
terms shall have the following meanings:
1. Subreciplent means a public agency or nonprofit organization identified on the cover
page of this Agreement to administer all or a portion of the County's CDBG or HOME
Program.
2. HUD means U.S. Department of Housing and Urban Development
3. CDBG means Community Development Block Grant Program
4. HOME means HOME Investment Partnership Program
5. COUNTY means Maricopa County Human Services Department/Community
Development Division
6. CD means Community Development
7. Admin Manual means Administrative Manual produced by the Human Services
Department/Community Development Division
8. CDAC means Community Development Advisory Committee
9. BOS means Mar'cope County Board of Supervisors
C. STANDARDS
The SUBRECIPIENT shall perforrn the work and provide the services as identified in the
Work Statement and shall immediately notify the Contract Administrator whenever the
SUBRECIPIENT is unable to, or anticipates an inability to, perform any of the work, or
provide any of the services required by the terms of this Agreement. The Subrecipient
acknowledges that any inability to perform the work and provide the services, or comply with
the standards set forth in this Agreement may subject the Subrecipient to the remedies
provided in the Default and Remedies for Noncompliance established by the General
Provisions.
D. COMPLIANCE WITH LAWS, RULES & REGULATIONS
This Agreement and the Parties hereto, are subject to all applicable federal, state, or local
laws, rules, and regulations. The SUBRECIPIENT shall ensure compliance, and the
SUBRECIPIENT shall comply with all applicable laws, rules and regulations, without limitation
to those designated within this Agreement. Refer to the Default and Remedies for
Noncompliance provided in the General Provisions.
E. GENERAL PROVISIONS, SECTION I, SUPERSEDED IN SPECIAL PROVISIONS,
SECTION if
1. "KK. Financial Management" is superseded in Special Provisions
2. "RR Governor's executive order no. 88-26 is deleted
F. AUDIT REQUIREMENTS
In accordance with A.R.S. § 11-624, the SUBRECIPIENT shall, at its own expense, file with
the Human Resources Department/Community Development Division by March 30 th , either:
1. Audited financial statements prepared in accordance with federal single audit
requirements; or,
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2. Financial statements prepared in accordance with generally accepted accounting
principles audited by an independent certified public accountant.
G. SPECIAL FEDERAL AND PROJECT PROVISIONS
1. PROGRAM ACTIVITY: The SUBRECIPIENT agrees to implement the activity fully as
described in each Work Statement in accordance with the terms of the Five-Year
Consolidated Plan and the Annual Action Plan submitted by the COUNTY to HUD for
funds to carry out the activity and the Certifications which were submitted concurrently with
the Annual Action Plan to HUD, and with any Cooperation Agreements with the
Municipality (as applicable). The Annual Action Plan and the CDBG Application for this
project are hereby incorporated by reference into this Agreement. In summary, the Activity
is described in Work Statement, Section ill.
2. PROGRAM INCOME: All income received from a CDBG Funded project shall be
considered program income and subject to the requirements set forth in CDBG Program
regulations. Program Income includes, but is not limited to:
a. sales/lease returns on investment; and
b. payments of principal and interest on loans.
Program Income may be retained and used by the SUBRECIPIENT subject to the
following conditions:
a. program income shall be tracked by the SUBRECIPIENT and accounted for in a
separate fund or account;
b. program income funds shall be expended for eligible program expenses before
additional CDBG Funds are requested;
c. documentation supporting the amount of program income received and expended
shall be submitted quarterly with the quarterly progress report;
d. a program income log that states program income received and expended shall be
submitted at the end of each fiscal year, June 30 th,
Program income that is not expended at the end of this Agreement shall be sent to the
COUNTY in accordance with 24 CFR § 92.503 within 30 days of receipt.
3. ADMINISTRATIVE REQUIREMENTS:
a. Accounting Standards - The SUBRECIPIENT agrees to comply with this Agreement
and to adhere to the accounting principles and procedures required to utilize
adequate internal controls and maintain necessary source documentation for all
costs incurred, as well as any applicable federal laws and regulations. The
SUBRECIPIENT further agrees to maintain an adequate accounting system that
provides for appropriate grant accounting (including calculation of program income).
b. REPAYMENT OF FUNDS: SUBRECIPIENT agrees to repay funds provided under
this Agreement for noncompliance with the terms of this Agreement. Repayment
shall be in accordance with the terms of this Agreement or the requirement of
applicable laws and regulations, including continuing use compliance. The County
may specify in writing, the terms of the repayment or alternative terms in lieu of
repayment however in no case shall repayment or alternative terms be
accomplished later than sixty (60) days following the written determination of
noncompliance by the County.
c. Documentation and Record Keeping
1. Records to be Maintained - The SUBRECIPIENT shall maintain all records
required by the Federal regulations specified in 24 CFR Part 570.506 that are
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pertinent to the activities to be funded under this Agreement. Such records
shall include but not be limited to:
Records providing a full description of each activity undertaken;
(ii) Records demonstrating that each activity undertaken meets one of the
National Objectives of the CDBG program;
(iii) Records required for determining the eligibility of activities;
(iv) Records required to document the acquisition, improvement, use or
disposition of real property acquired or improved with CDBG assistance
(Properties retained shall continue to meet eligibility criteria and shall
conform with the "changes in use" restrictions specified in 24 CFR Part
570.505, as applicable);
(v) Records which demonstrate citizen participation;
(vi) Records which demonstrate compliance regarding acquisitions,
displacement, relocation and replacement housing;
(vii) Records documenting compliance with the fair housing and equal
opportunity components of the CDBG program;
(viii) Financial records as required by 24 CFR Part 570.502, and OMB
Circular A - 110;
(ix) Other records necessary to document compliance with Subpart K of 24
CFR § 570; and
(x) Records documenting compliance with Section 3 of the Housing
Development Act of 1968.
2. Housing — Records which demonstrate compliance with deeds of trust,
promissory notes, and forgivable loans associated with owner occupied
housing activities.
3. Public Facilities — Records which demonstrate continuing ownership and
eligible use of facility according to CDBG regulations.
4. Outcome Measures — The SUBRECIPIENT shall maintain data that supports
the accomplishment of the desired outcomes as indicated in the Work
Statement.
5. Records Retention - The SUBRECIPIENT shall retain all records pertinent to
this Agreement for a period of six (6) years after all CDBG requirements have
been met. In the event of litigation, a claim, or an audit is begun before the
expiration of this retention period, said records shall be retained until all such
action or audit findings involving the records have been resolved.
6. Disclosure - The SUBRECIPIENT understands that client information collected
under this Agreement is private and the use or disclosure of such information,
when not directly connected with the administration of the COUNTYs or
SUBRECIPIENT's responsibilities with respect to services provided under this
Agreement, is prohibited unless written consent is obtained from such person
receiving service.
7. Client Data - The SUBRECIFIENT shall maintain client data demonstrating
client eligibility for services provided. Such data shall include, but not be limited
to, client name, address, income level or other basis for determining eligibility
and description of service provided.
8. ProiDertv Records - The SUBRECIPIENT shall maintain property and
equipment inventory records that clearly identify properties and equipment
purchased, improved or sold. Properties and equipment retained shall continue
to meet eligibility criteria and shall conform to the use of property and
equipment,
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9. Audits & Inspections - All SUBRECIPIENT records with respect to any matters
covered by this Agreement shall be made available to the COUNTY, their
designees or the Federal Government, at any time during normal business
hours, as often as the COUNTY deems necessary, to audit, examine and make
excerpts or transcripts of all relevant data. Any relevant deficiencies noted in
audit reports must be addressed by the SUBRECIPIENT within 45 days after
receipt by the SUBRECIPIENT. Failure of the SUBRECIPIENT to comply with
the above audit requirements shall constitute a violation of this Agreement and
may result in the withholding of future payments. The SUBRECIPIENT hereby
agrees to have an Annual Audit conducted in accordance with Administrative
Manual on CD concerning SUBRECIPIENT audits. The Annual Audit
requirement is applicable to all levels of funding received by SUBRECIPIENTS
via this Agreement, even if the level of funding is less than the current
thresholds cited in OMB Circular A-133.
d. Reporting
1. Progress Reports - The SUBRECIPIENT shall be responsible to provide reports
on all activities related the Scope of Work. The SUBRECIPENT agrees to
submit to the COUNTY Performance Reports:
a. Quarterly Program Income Report and Supporting Documentation;
b. Quarterly Progress Reports in the form and content as required by the
COUNTY due on the 25th of July, October, January and April, addressing
activities of the proceeding three months (i.e. the July report covers April,
May and June). If there has been no activity, the report needs to explain
why. Failure to submit timely Quarterly Reports will result in suspension
of payment for reimbursement requests until all reports are brought
current.
c. MBENVBE information; and
d. Other HUD-required reporting data as applicable shall be submitted.
2. Continuing Use Requirements - If the activity is a public facility, the
SUBRECIPIENT shall provide the County, on an annual basis, a Certificate of
Use Statement certifying that the facility is being used to meet a national
objective and eligible activity.
3. Program Income - SUBRECIPIENT agrees to comply with the program income
requirements of 570.504(c) and shall report on the Program Income Report
(see Administrative Manual on CD) all received and expended program income
as defined in 24 CFR § 570.500(a) generated by activities carried out with
CDBG funds made available under this Agreement. Documentation supporting
the amount of program income received and expended shall be submitted on
the Program Income Report and submitted with the Quarterly Progress Report.
SUBRECIPIENT shall account for program income and maintain a separate
account for these funds, Program income shall be retained by the
SUBRECIPIENT, and shall be used only for CDBG eligible activities as outlined
in the HUD CDBG regulations and the Administrative Manual on CD.
SUBRECIPIENT further agrees that these funds shall be utilized to pay for
CDBG activities prior to requesting any reimbursement from COUNTY for any
CDBG activities.
e. Performance Monitoring - The COUNTY shall monitor the SUBRECIPIENT to
determine if CDBG-funded activities are implemented and administered in
accordance with this Agreement and all applicable federal requirements and gauge
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Section H Special Provisions
performance of the SUBRECIPIENT against goals and performance standards
required herein. SUBRECIPIENT will prepare for monitoring and assure all required
files and documentation are available at scheduled monitoring. Failure of
SUBRECIPIENT to administer, implement and perform as determined by federal
regulations and COUNTY policies shall constitute non-compliance with this
agreement and is subject to the Default and Remedies for Noncompliance provided
in this Agreement.
f. Subcontracts
1. Approvals - The SUBRECIPIENT shall not commit to any pre-contract costs or
enter into any subcontract(s) with any agency or individual in the performance
of this Agreement without the Release of Funds from the COUNTY. Execution
of construction contracts may not occur until a letter stating the contractor is not
on the debarred list Is received from the COUNTY.
2. Selection Process - The SUBRECIP1ENT shall insure that all subcontracts let in
the performance of this Agreement be awarded on a fair and open competitive
basis. Executed copies of all subcontracts shall be forwarded to the COUNTY
along with documentation, if requested, concerning the selection process.
3. Section 3 of the Housing and Urban Development Act of 1968 - The
SUBRECIPIENT shall include the Section 3 clause in subcontracts, as
required, and shall take appropriate action pursuant to the subcontract upon a
finding that the subcontractor is in violation of regulations issued by
HUD/COUNTY. The SUBRECIPIENT shall not subcontract with any entity
where it has notice or knowledge that the latter has been found in violation of
regulations under 24 CFR Section 135.
4. Contract Monitoring - The SUBRECIPIENT shall monitor/review all
subcontracted services on a regular basis to assure contract compliance.
Results of monitoring efforts shall be summarized in the Progress Reports and
supported with documented evidence, if requested, of follow-up actions taken
to correct areas of noncompliance.
5. Noncompliance by subcontractor(s) may lead to default of this Agreement and
subject the SUBRECIPIENT to the Default and Remedies for Noncompliance
provisions of this Agreement.
4. POLICY/ADMINISTRAT1VE MANUALS USE: SUBRECIP1ENT agrees to be familiar with
and comply with the policies/procedures established in the most recent CDAC/BOS Policy
Manual and all provisions in the most recent Administrative Manual on CD.
Noncompliance with the Administrative Manual on CD shall constitute a breach of
contract,
5, ENVIRONMENTAL CONDITIONS:
a. The SUBRECIPI ENT agrees to comply with: the National Environmental Policy Act
of 1969 (P.L. 91-190) pursuant thereto 40 CFR Parts 1500 - 1508, Environmental
Review Procedures for Title I of the Community Development Block Grant program
pursuant thereto Title 24 CFR Part 58, Subpart A; and with all conditions required in
the process of the environmental assessment. Completion of the Environmental
Review Record (ERR) is mandatory before taking any physical action on a site or
entering into contracts. 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 activities related to this project including design work, until the County
provides written authorization based on approval of an ERR.
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b. Air and Water - The SUBRECIPIENT agrees to comply with the following
requirements insofar as they apply to the performance of this Agreement
- Clean Air Act, 42 USC § 7401, et seq., as amended.
Federal Water Pollution Control Act, as amended, 33 USC § 1251, at 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.
Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part
50 1 as amended.
SUBRECIPIENT agrees to comply with conditions set forth by the Air Quality
Department or other County agency, as required.
C. Flood Disaster Protection - In accordance with the requirements of the Flood
Disaster Protection Act of 1973 (42 USC § 4001), the SUBRECIPIENT shall assure
that for activities located in an area identified by FEMA as having special flood
hazards, flood insurance under the National Flood Insurance Program is obtained
and maintained as a condition of financial assistance for acquisition or construction
purposes. (In the case of housing, the homeowner must obtain and maintain flood
insurance as a condition of funding, or funds may not be utilized.)
D. Historic Preservation — The SUBRECIPIENT agrees to comply with the Historic
Preservation requirements set forth in the National Historic Preservation Act of
1966, as amended (16 USC § 470) and the procedures set forth in 36 CFR Part
800, Advisory Council on Historic Preservation Procedures for Protection of Historic
Properties, insofar as they apply to the performance of this Agreement. In general,
this requires concurrence from the State Historic Preservation Office for all
rehabilitation and demolition of historic properties that are fifty (50) years old or
older, or that are listed or eligible for the National Register of Historic places, or
included on any state or local historic property inventory or any archaeological
findings.
E. Release Of Funds (ROF) - No funds may be encumbered prior to the completion of
the Environmental Review. The Environmental Review Record (ERR) must be
completed before any funds are obligated. Funding is also conditioned upon the
completion of the ERR of every activity site by address. The responsibility for
certifying the appropriate Environmental Review Record and ROF shall rest with the
COUNTY. It is the responsibility of the SUBRECIPIENT to notify the COUNTY, and
to refrain from making any commitments and expenditures on a site until a Release
of Funds has been issued by the COUNTY. Failure to meet these conditions will
mean that requested funds will not be disbursed.
7. TIMELY IMPLEMENTATION: SUBRECIPIENT agrees that timely implementation of the
activity is essential. SUBRECIPIENT agrees that implementation of activities including
design/development and/or construction shall commence not later than 90 days after the
execution of this agreement. If the 90-day commencement date is not met or whenever a
SUBRECIPIENT's implementation of an activity lags behind the contractual activity
schedule by 90 days or more, the SUBRECIPIENT shall be required to submit in writing
to CDAC the reasons for failure to implement the activity within the stipulated time frame.
The SUBRECIPIENT shall allow the County to provide technical assistance if the project
is more than 90 days behind schedule. In addition, the SUBRECIPIENT must present a
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corrective action plan that ensures timely implementation, as provided for in the
CDAC/BOS Policy Manual. Failure to implement the activity in a timely manner shall be
considered ineffective use of funds as well as a material failure to comply with all terms of
the award of this Agreement and shall be considered cause for termination of this
Agreement.
8. ACTIVITY COMPLETION: Upon the final payment to the SUBRECIPIENT by the
COUNTY, the activity shall be considered complete. Upon completion of the Work
Statement, all unspent CDBG resources shall be returned to the CDBG unprogrammed
funds account. The SUBRECIPIENT shall continue to be responsible for compliance
activities for the life of the assisted activity. The close-out letter generated by the
COUNTY shall detail these responsibilities and shall be sent to the SUBRECIPIENT.
The SUBRECIPIENT agrees to comply with the stipulations in the close-out letter that
addresses responsibilities after the close of an activity.
9. OPERATION & MAINTENANCE: Upon completion of the activity, the SUBRECIPIENT or
other party, if identified, shall assume sole responsibility for continuing operation and
maintenance of the activity described in Work Statement.
10. GENERAL CONDITIONS:
A. SUBRECIPIENT agrees that it undertakes hereby the same obligations as the
COUNTY has undertaken to HUD pursuant to said Annual Action Plan and
Assurances. SUBRECIPIENT shall hold COUNTY harmless and indemnify it
against any damage or other liability which SUBRECIPI ENT may incur with respect
to HUD as a result of any failure on the part of SUBRECIPIENT to comply with the
requirements of any such obligation. The obligations undertaken by
SUBRECIPIENT are further clarified in the Certifications, Specific CDBG
Certifications, and Appendix to Certifications included as Attachment B to this
CONTRACT. These certifications include but are not limited to:
(a) The Housing and Community Development Act of 1974 (Pl. 93-383) as
amended by the Housing and Urban Rural Recovery Act of 1983 (P.L. 98-
181), the Housing and Community Development Act of 1987 and the
Cranston-Gonzalez National Affordable Housing Act (Pi. 101-625);
(b) Regulations of the Department of Housing and Urban Development relating
to Community Development Block Grants (Title 24, Chapter V, Part 570 of
the Code of Federal Regulations (CFR), commencing at Section 570.1);
(c) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) as amended; Title VIII of
the Civil Rights Act of 1968 (P.L. 90-284) as amended; Section 109 of the
Title I of the Housing and Community Development Act of 1974 as amended;
EXECUTIVE ORDER 11063, as amended; and any HUD regulations
heretofore issued or to be issued to implement these authorities related to
Civil Rights;
(d) The requirements of Executive Orders 11625 and 12432 regarding Minority
Business Enterprise, and 12138 regarding Women's Business Enterprise,
and regulations S. 85.36 (e) and of Section 281 of the National Housing
Affordability Act.
(a) Section 504 of the Rehabilitation Act of 1973 as amended and the
Americans With Disabilities Act, of 1990; and
Fair Housing Amendments Act of 1988;
(g) The Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970 (P.L. 91-646) and the Uniform Relocation Act Amendments of
Page 24
Maricoca County Human Services Department
NHS of Phoenix- — Housing Counseling and 8rlucation — 0(3 305

Section II Special Provisions
1987 (Title IV, P.L. 100-17, April 2, 1987 and regulations adopted to
implement that Act pursuant thereto Title 24, CFR Part 42 as amended;
(h) The Architectural Barriers Act of 1969 (42 U.S.C. Section 4151-4157);
(i) The Hatch Act relating to the conduct of political activities (Chapter 15 of
Title 5, U.S.C.);
(i) Section 902 of the Housing and Community Development Amendments of
1978 (P.L. 95-557);
(k) Executive Order 11246 and the regulations issued pursuant thereto (41 CFR
Chapter. 60) relating to nondiscrimination in employment and contracting
opportunities;
The Labor Standards Regulations set forth in 24 CFR, Part 570.603; the
Davis-Bacon Act as amended; the provisions of Contract Work Hours and
Safety Standards Act; the Copeland 'Anti-Kickback" Act (40 U.S.C. § 276a-
276a-5; 40 USC § 327 and 40 USC § 276c) and all other applicable Federal,
state and local laws and regulations pertaining to labor standards insofar as
those acts apply to the performance of this Agreement. The
SUBRECIPIENT shall maintain documentation that demonstrates
compliance with hour and wage requirements of this part. Such
documentation shall be made available to the COUNTY for review upon
request;
(m) Executive Order 13166 entitled Improving Access to Services for Persons
with Limited English Proficiency" pursuant to Title VI of the Civil Rights Act.
(n) The Drug-Free Workplace Act of 1988 as it applies to this activity;
(o) COMPLIANCE WITH A.R.S. §§ 35-391.06 AND 35-393.06 (BUSINESS
RELATIONS WITH SUDAN AND IRAN): SUBRECIPIENT certifies it does
not have scrutinized business operations in Sudan or Iran. SUBRECIPIENT
shall obtain statements from its contractors certifying compliance and shall
furnish to the COUNTY'S Procurement Officer upon request. These
warranties shall remain in effect throughout the term of this Agreement.
Should the COUNTY find that SUBRECIPIENT or its contractors are not in
compliance with this provision, the COUNTY may pursue any remedies
allowed by law, including, but not limited to: suspension of all activities under
this Agreement, termination of the Agreement by default, and suspension
and/or debarment of SUBRECIPIENT. All costs necessary to verify
compliance are the sole responsibility of SUBRECIPIENT.
(p) The SUBRECIPIENT warrants that it is in compliance with A.R.S. Section
41-4401 and further acknowledges:
That the SUBRECIPIENT and its contractors, 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,
subsection A;
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;
That the contracting government entity retains the legal right to
inspect the employment papers of any SUBRECIPIENT or contractor
employee who works on the contract to ensure that the
SUBRECIPIENT or contractor is complying with the warranty
provided under subsection a. above and that the SUBRECIPIENT
agrees to make all papers and employment records of said
Page 25
Maricopa County Human ServiceS Department
NHS of Phoenix — Housing Comas-ding and Education — DG 1305

Section II Special Provisions
employee(s) available during normal working hours• in order to
facilitate such an inspection; and
iv. That nothing herein shall make any contactor or subcontractor an
agent or employee of the Subrecipient.
(q) All Applicable Federal, State and local laws and regulations, including
compliance with ARS § 1-501 and § 1-602 (Attachment A).
SUBRECIPIENTS which are governmental entities (including public agencies) shall
comply with the requirements and standards of OMB Circular No. A-87, "Cost
Principles for State, Local and Indian Tribal Governments", and with 24CFR Part 85
"Uniform Administrative Requirements for Grants and Cooperative Agreements to
State and Local Governments" and OMB Circular No. A-133 "Audits of States, Local
Governments, and Non-Profit Organizations."
SUBRECIPIENTS who are non-profits shall comply with the requirements and
standards of 24 CFR Part 84, OMB Circular No. A-122, "Cost Principles for
Nonprofit Organizations", or OMB Circular No. A-21, "Cost Principles for
Educational Institutions", as applicable, OMB Circular A-134, "Financial Accounting
Principles and Standards" and OMB Circular A-133, "Audits of States, Local
• Governments, and Non-Profit Organizations" (as set forth in 24 CFR Part 45),
Audits shall be conducted annually. Such SUBRECIPIENTS shall also comply with
OMB circular A-110, located at 2 CFR, Part 215, "Uniform Administrative
• Requirements for Grants and Other Agreements with Institutions of Higher
Education, Hospitals, and other Non-Profit Organizations".
The COUNTY may amend this Agreement at any time provided that such
amendments make specific reference to this Agreement and are executed in writing,
signed by a duly authorized representative of both organizations and in compliance
with the procedures in the Administrative Manual on CD. Such amendments shall
not invalidate the Agreement nor relieve or release the COUNTY or
SUBRECIPIENT from its obligations under this Agreement. Amendments shall be
filed with the original Agreement.
D. The COUNTY may, at any time, by written order, make changes within the general
scope of this Agreement in any one or more of the following areas:
1) Work Statement changes reflecting Federal, State, County or Department
regulations, policies or requirements; and implementation schedule revisions
approved by CDAC.
2) Administrative requirements such as changes in reporting periods, frequency of
reports, or report formats required by Funding Source or Department
regulations, policies or requirements. It is the responsibility of the
SUBRECI PI ENT to ensure the latest documents are consulted and followed.
3) Increase/decrease in dollar amounts up to ten percent per the Board of
Supervisors (BOS) policies.
It is expressly understood by the parties hereto that this Agreement has been
negotiated and executed in anticipation of receipt of funds by the COUNTY from
HUD pursuant to the CDBG Program and that therefore, the terms, conditions and
sums payable under this Agreement are subject to any changes or limitations which
may be required by HUD and the CDBG Program regulations.
Page 26 ,
• Maricopa County Human Services Department
NHS of Phoenix — Housing Counseling and Education — DGI305

Section II Special Provisions
F. The Annual Action Plan and the C1313G Application for this project are hereby
incorporated by reference into this Agreement.
G. This Agreement constitutes the entire agreement between the parties with respect
to the subject matter hereof, and all prior agreements, representations, statements
and undertakings are hereby expressly cancelled.
Page 27
Muricopa County Human Services Department
NJ-IS of Phoenix — IlottsIng Counseling and Education — DO1305

Section II Special Provisions
CERTIFICATIONS
In accordance with the applicable statutes and the regulations governing the consolidated plan
regulations, the jurisdiction certifies that:
Affirmatively Further Fair Housing -- The jurisdiction shall affirmatively further fair housing, which
means it shall conduct an analysis of impediments to fair housing choice within the jurisdiction,
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.
Anti-displacement and Relocation Plan -- It shall comply with the acquisition and relocation
requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970, as amended, and implementing regulations at 49 CFR 24; and it has in effect and is
following a residential anti-displacement and relocation assistance plan required under section
104(d) of the Housing and Community Development Act of 1974, as amended, in connection with
any activity assisted with funding under the CMG or HOME programs.
Drug Free Workplace -- It shall or shall continue to provide a drug-free workplace by:
1. Publishing a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the grantee's
workplace and specifying the actions that shall be taken against employees for violation of
such prohibition;
2. Establishing an ongoing drug-free awareness program to inform employees about -
(a) The dangers of drug abuse in the workplace;
(b) The grantee's policy of maintaining a drug-free workplace;
(c) Any available drug counseling, rehabilitation, and employee assistance programs;
and
(d) The penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace;
3. Making it a requirement that each employee to be engaged in the performance of the grant
be given a copy of the statement required by paragraph 1;
4. Notifying the employee in the statement required by paragraph 1 that, as a condition of
employment under the grant, the employee shall -
(a) Abide by the terms of the statement; and
(b) Notify the employer in writing of his or her conviction for a violation of a criminal drug
statute occurring in the workplace no later than five calendar days after such
conviction;
5. Notifying the agency in writing, within ten calendar days after receiving notice under
subparagraph 4(b) from an employee or otherwise receiving actual notice of such
conviction. Employers of convicted employees must provide notice including position title,
to every grant officer or other designee on whose grant activity the convicted employee was
working, unless the Federal agency has designated a central point for the receipt of such
notices. Notice shall include the identification number(s) of each affected grant;
6. Taking one of the following actions, within 30 calendar days of receiving notice under
subparagraph 4(b), with respect to any employee who is so convicted -
Page 28
Maticopa County Human Services Depariment
NHS of Pliocnix — Housing Counseling and Education —001305

Section II Special Provisions
(a) Taking appropriate personnel action against such an employee, up to and including
termination, consistent with the requirements of the Rehabilitation Act of 1973, as
amended; or
(b) Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a Federal, State, or local
health, law enforcement, or other appropriate agency;
7. Making a good faith effort to continue to maintain a drug-free workplace through
implementation of paragraphs 1, 2, 3, 4, 5, and 6.
Anti-Lobbying -- To the best of the jurisdiction's knowledge and belief;
1, No Federal appropriated funds have been paid or shall be paid, by or on behalf of it, to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any
Federal contract, grant, loan, or cooperative agreement;
2. If any funds other than Federal appropriated funds have been paid or shall be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it
shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions; and
3. It shall require that the language of paragraph 1 and 2 of this anti-lobbying certification be
included in the award documents for all sub awards at all tiers including subcontracts,
subgrants, and contracts under grants, loans, and cooperative agreements and that all
SUBRECIPIENTs shall certify and disclose accordingly.
Authority of Jurisdiction -- The consolidated plan is authorized under State and local law (as applicable)
and the jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding,
in accordance with applicable HUD regulations.
Consistency with plan -- The housing activities to be undertaken with CDBG, HOME, ESG, and HOPWA
funds are consistent with the strategic plan.
Section 3 -- It shall comply with section 3 of the Housing and Urban Development Act of 1968, and
implementing regulations at 24 CFR Part 135.
;)14/Aki144;44 ea0eUf 8--07-13
Signature/Authorized City / Town / Agency Official Date
e Taitt geame.4' cji,e,p 0
Printed/Typed Name Title Vi 441 flee de-*if
NHS of Phoenix
City I Town I Agency Name
Page 29
Maricopa County Human Services Department
NHS of Phoenix — Housing Counseling an Education — 1)01305

Section H Special Provisions
Specific CDBG Certifications
The SUBRECIPIENT certifies that:
Citizen Participation -- It is in full compliance and following a detailed citizen participation plan that
satisfies the requirements of 24 CFR 91.105.
Community Development Plan -- Its consolidated housing and community development plan identifies
community development and housing needs and specifies both short-term and long-term community
development objectives that provide decent housing, expand economic opportunities primarily for persons
of low and moderate income. (See CFR 24 570.2 and CFR 24 part 570)
Following a Plan -- It is following a current consolidated plan (or Comprehensive Housing Affordability
Strategy) that has been approved by HUD.
Use of Funds -- It has complied with the following criteria:
1. Maximum Feasible Priority. With respect to activities expected to be assisted with CDBG
funds, it certifies that it has developed its Action Plan so as to give maximum feasible
priority to activities which benefit low and moderate income families or aid in the prevention
or elimination of slums or blight. The Annual Action Plan may also include activities which
the grantee certifies are designed to meet other community development needs having a
particular urgency because existing conditions pose a serious and immediate threat to the
health or welfare of the community, and other financial resources are not available);
2. Overall Benefit. The aggregate use of CDBG funds including section 108 guaranteed loans
during program year(s) 2012, 2013. 2014 (a period specified by the grantee consisting of
one, two, or three specific consecutive program years), shall principally benefit persons of
low and moderate income in a manner that ensures that at least 70 percent of the amount
is expended for activities that benefit such persons during the designated period;
3. Special Assessments. It shall not attempt to recover any capital costs of public
improvements assisted with CDBG funds including Section 108 loan guaranteed funds by
assessing any amount against properties owned and occupied by persons of low and
moderate income, including any fee charged or assessment made as a condition of
obtaining access to such public improvements.
However, if CDBG funds are used to pay the proportion of a fee or assessment that relates to the
capital costs of public improvements (assisted in part with CDBG funds) financed from other
revenue sources, an assessment or charge may be made against the property with respect to the
public improvements financed by a source other than CDBG funds.
The jurisdiction shall not attempt to recover any capital costs of public improvements assisted with
CDBG funds, including Section 108, unless CDBG funds are used to pay the proportion of fee or
assessment attributable to the capital costs of public improvements financed from other revenue
sources. In this case, an assessment or charge may be made against the property with respect to
the public improvements financed by a source other than CDBG funds. Also, in the case of
properties owned and occupied by moderate-income (not low-income) families, an assessment or
charge may be made against the property for public improvements financed by a source other than
CDBG funds if the jurisdiction certifies that it lacks CDBG funds to cover the assessment.
Page 30
rviancopa County Human Set-vices Department
NHS of Phoenix — Housing Counseling and Education — DG1305

Section II Special Provisions
Excessive Force -- It has adopted and is enforcing:
1. A policy prohibiting the use of excessive force by law enforcement agencies within its
jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and
2. A policy of enforcing applicable State and local laws against physically barring entrance to
or exit from a facility or location which is the subject of such non-violent civil rights
demonstrations within its jurisdiction;
Compliance With Anti-discrimination laws -- The grant shall be conducted and administered in
conformity with title VI of the Civil Rights Act of 1964 (42 USC 2000d), the Fair Housing Act (42 USC
3601-3619), and implementing regulations.
Lead-Based Paint -- Its notification, inspection, testing and abatement procedures concerning lead-based
paint shall comply with the requirements of 24 CFR §570.608;
Compliance with Laws It shall comply with applicable laws.
?. ,171,01,11:244ce.4
Signature/Authorized City Official Date
e. 'raid ri•ameis Win eel ap-rari#1.43OcL 4-
Printed/Typed Name Title Vi efeLaektrt
NHS of Phoenix
City / Town / Agency Name
Page 31
Maricona County Human Services Department
NHS of Phoenix — Housing Counseling and Education — DO1305
ifek, IE* 0;k1,11‘t1:: 4.2*-

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 transaction imposed by section 1352, title 31, U.S. Code. 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.
A. Drug-Free Workplace Certification
1. By signing and/or submitting this application or grant agreement, the grantee is providing the
certification,
The certification is a material representation of fact upon which reliance is placed when the
agency awards the grant. If it is later determined that the grantee knowingly rendered a false
certification, or otherwise violates the requirements of the Drug-Free Workplace Act, HUD, in
addition to any other remedies available to the Federal Government, may take action
authorized under the Drug-Free Workplace Act.
3. Workplaces under grants, for grantees other than individuals, need not be identified on the
certification. If known, they may be identified in the grant application. If the grantee does not
identify the workplaces at the time of application, or upon award, if there is no application, the
grantee must keep the identity of the workplace(s) on file in its office and make the information
available for Federal inspection. Failure to identify all known workplaces constitutes a
violation of the grantee's drug-free workplace requirements.
4. Workplace identifications must include the actual address of buildings (or parts of buildings) ;
or other sites where work under the grant takes place. Categorical descriptions may be used
(e.g., all vehicles of a mass transit authority or State highway department while in operation.
State employees in each local unemployment office, performers in concert halls or radio
stations).
6. If the workplace identified to the agency changes during the performance of the grant, the
grantee shall inform the agency of the change(s), if it previously identified the workplaces in
question (see paragraph three).
6. The grantee may insert in the space provided below the site(s) for the performance of work
done in connection with the specific grant:
Place of Performance (Street address, city, county, state, zip code)
Check V 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.
Page 32
Maricopa County !Inman Services Deparunent
NI IS or Phoenix — Housing Counseling and Education — DO1305

Section II Special Provisions
7. Definitions of terms in the Non-procurement Suspension and Debarment common rule and
Drug-Free Workplace common rule apply to this certification. Grantees' attention is called, in
particular, to the following definitions from these rules:
"Controlled substance" means a controlled substance in Schedules I through V of the Controlled
Substances Act (21 U.S.C. 812) and as further defined by regulation (21 CFR 1308,11 through
1308.15);
"Conviction" means a finding of guilt (including a plea of nob contendere) or imposition of
sentence, or both, by any judicial body charged with the responsibility to determine violations of
the Federal or State criminal drug statutes;
"Criminal drug statute" means a Federal or non-Federal criminal statute involving the
manufacture, distribution, dispensing, use, or possession of any controlled substance;
"Employee" means the employee of a grantee directly engaged in the performance of work under
a grant, including: (0 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 SUBRECIPIENTs or
subcontractors in covered workplaces).
Page 33
Maricopa County Human Services Department
NHS of Phoenix — Housing Counseling and Education — 061305

Section 11 Special Provisions
ATTACHMENT A
Maricopa County Human Services Department
HB2008 Working Procedures
January 2010
The Arizona State Legislature passed HE2008 (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. Therefore:
All applicants authorized to receive public benefits must provide documentation of their lawful
presence in the United States through a verification process,
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.
• Employees of Marieopa County and its subcontracted entities are required to report "discovered
violations" of federal immigration taw.
Maricopa County Human Services Department (MCHSD) is committed to administering the new law
completely and fairly. This set of procedures and forms establishes policy for all employees and
subcontracted Community Action Program (CAP) agencies to follow.
The public benefits that have been identified by the funding sources as services subject to this requirement
include:
• Neighbors Helping Neighbors (NHN)
• Short Term Crisis Services/TANIF (STCS/TANF)
• Low Income Home Energy Assistance Program (L1HEAP) (including weatherization)
• Department of Energy (DOE) Weatherization
• Arizona Department of Housing/Housing Trust Fund (ADOH/HTF)
• Housing and Urban Development (HUD) Emergency Shelter Grant Program (ESOP)
• Housing and Urban Development (HUD) Homeless Prevention & Rapid Re-Housing Program
(HPRP)
The law requires that MCHSD employees and subcontracted agencies perform three distinct steps prior to
providing services to authorized or eligible applicants for these specified funded services. Those key steps
are:
1. Request evidence of U.S. citizenship and/or immigration status of the authorized or eligible applicant
or child if STCS/TANF,
2. Require eligible applicants to execute a sworn affidavit stating the documentation provided is true.
3. Report violations of Federal Immigration law to the Federal humigralion Authorities
Page 3;1
Maricopa County Human Services Department
HfiS of Ptiothik t'ounseling and Education — 001305

Section II Special Provisions
It is very important that all employees, contractors and subcontractors strictly follow this policy in all cases,
HE2008 CARS § 1-501 and § 1-502) contains serious penalties for non-compliance with the Law. Failure to
report suspected violations of Federal Immigration Law by an employee is a Class 2 misdemeanor. If that
employee's supervisor knew of the failure to report and failed to direct the employee to make the report, the
supervisor is also guilty of a Class 2 misdemeanor,
Each subcontracted agency is also responsible for developing their own procedures to ensure compliance
with ARS § 1-501 and § 1-502 and A.R.S. § 46-140.01. The subcontractor agency may need to be advised by
their legal counsel. If these differ from those established by MCHSD, MCHSD must be notified of and
approve these procedures prior to their implementation.
The following procedure is a "work in progress." The procedure may change as interpretations of HB2008
(ARS § 1-50 land § 1-502) are updated. The following procedure is required by MCHSD.
Procedures
These are the requirements that authorized or eligible applicants for MCHSD funded services must fulfill in
order to qualify to receive a specifically funded service.
1. Evidence of U.S. citizenship and/or immigration status of the authorized or eligible applicant (or
child if STCS)TANF) must be provided.
2. Eligible applicants must execute a sworn affidavit stating the documentation provided is true.
These procedures must be followed for MCHSD funded services that are governed by HB2008 (ARS § I -
501 and § 1-502) specifically, the following fund sources:
• Neighbors Helping Neighbors (MIN)
• Short Term Crisis ServicesrTANF (STCSMANF)
• Low Income Home Energy Assistance Program (LIHEAP) (including weatherization)
• Department of Energy (DOE)
• Housing and Urban Development (HUD) Emergency Shelter Grant Program (ESGP)
• Housing and Urban Development (1-IUD) Homeless Prevention & Rapid Re-Housing Program
(HPRP)
• Arizona Department of Housing/Housing Trust Fund (ADOH/HTF)
If the funding source is not listed, then the requirements in HB2008 do not apply to the funding source.
Evidence Of U.S. Citizenship Or Lawful Presence
The fund sources differ in the acceptable documents that can be used to demonstrate lawful presence,
Therefore these are listed separately below.
For Arizona Department of Housing / Housing Trust Fund (ADOH/HTF)E
An applicant for an ADOH funded service is required to submit at least one of the following
original documents to verify the applicant's lawful presence in this country.
Page 35
Maricopa County 1-iuman Services Department
NI-IS of Phoenix — Housing Counseling and Education — DC11305

SECTION III
WORK STATEMENT
Contract # C-22-14-009-3-00
Maricopa County
Human Services

SECTION III WORK STATEMENT
AttIvi
arid description of the eahrity including who will perform what Describe the need for the activity. Include problem causes,
WWI( end the diMCt head ihe activity Veil' have an beneficiaries. " current condlifons, studies performed, pudic response, and
agency capacity, Describe other kinding sourosa considered
Certified housing counselors will provide pr those counseling and Counselkig and educate can help address barriers to homeownership
certified Instructors will provide hornebuyer education, Dane and auks lital include: lack of knowledge, audit or budg et issues, amen to
in Engle& and Spanish; Financial Literacy Workshops and Orlandol affordable mileage products and the lack of dovm payment or dosing
Mientcy modules online. Lew4ognacierate income &tide vrill be mpared cost Mid% We amenity have 4 certified pre.puichase counselors. We
kirsustalnable horneoymershIp by urxlerstanding financial SOMMS, offer monthly orysite horreibuyet education dynes at our McDowell Rd.
checking end savings accounts, budgeting, credit and debt. location and quarterly et our Avondale elle.
liatiglesi desc4iption of proposed output(a). WilEttla the Ifni identify the DDAD prior*/ priorities addressed by this activIly.
Improvement, service, product, etc.to be provided? Melly describe bow the activity insets the stated priority.
Outputs iodide; The CDAC pdculhf area addressed by this activity, Individual Opportunity,
1, 186 1:1 households counseled in sessions tasting approximately 1-2 will be met throrieh housing counseling and education services that will
Ileum eath to develop an action plan that covers buying readiness, . lead to sustainable homeownership.
assessing and fixing credit, managing budgets and establishing savings.
2. Be dents attend homebuyer education classes either ensile °confine.
*alba lhi.1.400 %Rik eititcafriiis ihat .berieliclinica win thrwcy inderietts ediv9y laceiticirk. fitchidefkiacrivfty addrese
- itdiervienedinie is a Medi cittie eoliviry: -. (1»cluds the ' rioacips:tho'sartflon suers;AUSer,abrest.ror ally/town bet:Wanes
Pen;arileopt;of benetrolailetafialitedind'em animated tit pin ' the urea torte eettvdy)
' achlievelmeeive the ousiorni4erld hair king it *COG for (he
albcomes to-C=14 . - - - - - - • ' . -
Outreach to 188 prospecihre homebuyers wil result in 50 ot these clients We have counseling locations at 19 N. Central Ave„ Avondale, AZ 85323
becoming homeowners within the year. (Old Downtown Avondale) with a service area coveting West Wiley
kerns/ales and et 1405 E. tioDoweil Rd, Suite 100 in Phoenix, 85006 with
a service area covering ali the rest of the Urban County cities/towns.
De any tdirdies need to be Irelocated or brought to activity cite? 40o any drainage Oxidises need to be altered cremated?
Yes ( I No / Deicitber below: yO51 Is No Describe betow:
rila rile
Describe all -beneffaerlea (direct and indirect) and target inilicsla dm number of Urban County resident= -
. population for tide activity. a, Assisted -1112012 OF activity was In operation in 2012)
. . — b. To be . directly assisted with COBO fonds in 201314If fended
A11155 counseling clients will have family households earning BO% and e. 2012 117)1L.,11 014,2013 —3`litiiiescr:x;' 201:i hYrornt ;al tr l
below Area Median Mame; 63% will be Hispanic; 30% will be female
head-01-timisehold P—J.---,--5--12.5-12L--121---
Is there lee elenilieent ilifference In the number of clients assisted
irt 201.2 compered to 2013-14? Ityes, briefly explain Why. '
The availability of down payment assistance is unclear; home values are
week; and credit guidelines are lightening,
Page 37
Maricona County Human Services Department
NHS of Phoenix — /lousing Counseling and Education —1361305

SECTION III WORK STA I EMENT
Implementation
Address Miming implemenonhrausol (Y/N/NA) Evialp existing implementation ewer
Personnel changes in applicants *grad:take.:
Staff familia with federal precilnament ivies.
Staff familiar with administrative requirernank
Number of years cif experience* gain key staff member . 15
Commitment of resourcasfatoffto compatIng actvities. Ye
Relocation of existing Petsp eibinkesiten.::
Alakbifityitiming of oerii1nq fortis activity. :
Lack of f000rda detailing physical delak of acUvitisita.
atmaireithight-aPriaybliialned
Permittin9fzoning of a divity albs appropliate for activity. Yes
WI the acfi\ity benefit residents of ap Unincorporated area Yes if No
thtas any part or the ante been nwced by a nymwillty7 Yes
b this area included in ths munkipattLys plan Yes I No
If yes, *flat ere (ha plans for ttro urea?
to the munlaipatity wilVng waive petairt/balistion !pieta facilitate the activity? : Yes No Li NA
Implementation Schedule
Task Start Date Completion Date
Outreach to Urban County Residents . July 1, 2013 June 30, 2015
Schedule 1:1 counseling appointments July 15, 2013 June 30, 2015
Provide Homebuyer education (classroom & online) July 29, 2013 June 30, 2015
Provide Financial Literacy workshops (online) July 29, 2013 June 30, 2015
Provide Financial Recovery Workshops (in English; in July 29, 2013 June 30, 2015
Spanish when availal
Provide financial coaching program, if available July 1, 2013 June 30, 2015
Expenditure deadline: 50% of grant is expended June 30, 2014
50% Expenditure Deadline
Subrecipient agrees to meet deadline to expend 50% of grant by June 30, 2014,
Reimbusement requests totaling 50% of grant amount will be submitted to the County within 30
days of the deadline.
If subrecipient is unable to meet 50% deadline, a letter will be delivered to the County by the
subrecipient by the 50% deadline. The letter will
explain why the deadline hasn't been met,
additional activities the subrecipient will undertake to expend 50% of the grant,
when each activity will start,
and when 50% of the funds will be expended.
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Maricopa County Human Services Department
NHS of Phoenix — Housing Counseling and Education — D01305

Arrik"..
SECTION III WORK STATEMENT
The County will review the letter and inform the subreciplent if the proposed activities have been
accepted or need to be revised,
This agreement may be terminated by the County if any of the following occur
reimbursement requests totaling at least 50% of the grant amount haven't been received
by the County within 30 days of the expenditure deadline,
the County has not received a letter by the 50% expenditure deadline that describes how
the subrecipient will increase expenditures and meets the other requirements listed
above for a letter addressing the 50% expenditure deadline.
the County has not received a revised letter , within 30 days of notification being sent to
the subrecipient by the County that the subreciplent's proposed activities have not been
accepted by the County.
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Maricopa County Human Services Department
NHS of Phoenix — I [raising Counseling and Education — D01305

SECTION III WORK STATEMENT
Other
Total Cash/In Funds: Grant
Applicant's
BUDGET Activity. Kind Local, Funds
Own Funds
Cost Donations State, or Requested
Federal
INCOME BUDGET
Maricopa Urban County CDBG 66,277 66,277
Other State/Federal Funding
Local Funds
Cash In Kind Donations 26,159 26,159
Total Income 0 0
PUBLIC SERVICE ACIWITIES
Salaries 46,710 3,510 43,200
Fringes 10,137 592 9,545
Office Space (program only) 3,600 3,600
Utilities
Communications 6,192 300 5,892
Reproduction / Printing 300 300
Supplies and Materials 4,408 368 4,040
Mileage 120 120
I Audit
Computer Maintenance, credit
report 4,054 4,054
Administrative overhead 16,915 16,915
Total Expense 92,436 26,159 0 66,277
Acquisition 0
Rehabilitation
Loans / Grant to For-Profits 0
Microenterprise 0
Job Training! Employment 0
Technical Assistance 0
Total Expense 0 0 0 0
Page 40
Maricopa County Human Services Department
NHS of Phoenix — Housing Counseling and Ftducation D01305

SECTION IV
COMPENSATION
Contract # C-22-14-009-3 00
Human Services
Page 41
Muricona County Human Senfices Clepartment
NHS of Phoenix — Housing Counseling and Education — DG1305
-.4.;EF6Zgamu, :cm r.leg.0 gaj -

A, COMPENSATION
Subject to the availability and authorization of funds for the explicit purposes set forth below,
County will pay the SUBRECIPIENT compensation for services rendered as indicated in the
following subsections.
B. METHOD OF PAYMENT
SUBRECIPIENT agrees to submit monthly reimbursement requests to COUNTY unless
monthly expenditures for the activity do not exceed One Thousand Dollars ($1,000.00).
COUNTY agrees to reimburse SUBRECIPIENT for actual allowable costs incurred, upon
certification of Release of Funds and submittal by SUBRECIPIENT of an itemized statement
of actual expenditures incurred, supported by back up documentation such as
- invoices and copies of checks showing payment of invoices and/or
timesheets showing hours worked on eligible activities.
Reimbursement by COUNTY is not to be construed as final in the event that HUD disallows
reimbursement for the activity or any portion thereof. Funds not expended in implementing
this CDBG activity or upon completion of the activity shall be returned to the CDBG
unprogrammed funds account as provided by the Administrative Manual.
C. REIMBURSEMENT
The COUNTY shall provide financial assistance in an amount up to Sixty Six Thousand,
Two Hundred Seventy Seven dollars ($66,277.001 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.
D, RELEASE OF FUNDS (ROF)
No funds may be encumbered prior to the completion of the Environmental Review.
The Environmental Review Record (ERR) must be completed before any funds are
obligated. Funding is also conditioned upon the completion of the ERR of every activity site
by address. The responsibility for certifying the appropriate Environmental Review Record
and ROF shall rest with the COUNTY. It is the responsibility of the SUBRECIPIENT to notify
the COUNTY, and to refrain from making any commitments and expenditures on a site until
a Release of Funds has been issued by the County. Failure to meet these conditions will
mean that requested funds will not be disbursed,
Page 42
iviaricopa Calmly Human Services Department
NHS of Phoenix — Housing Counseling and Education — 001305