CITY OF SURPRISE HOME CM1310 .PDF

INTERGOVERNMENTAL AGREEMENT
for services betmal
MARICOPA COUNTY
Administered by its
Human Services Department
and
City of Surprise
Contract Amount: $117,975.00
Contract Start Date: July 1, 2013
Contract Termination Date: Contract Term 24 months from Contract Start Date.
Contract Number: -n3q-S-oo
Program Number:
CPDA Number: 14.239, HOME Investment Partnership Program
County shall provide financial assistance in an amount up to One Hundred Seventeen Thousand Nine
Hundred Seventy-Five dollars ($117,975.00) subject to the terms of this Agreement and availability of funds.
This Agreement price constitutes the County entire participation and obligation in the performance and
completion of all work to be performed under this Agreement.
This Agreement is entered into by and betmen The City of Surprise a member of the HOME Consortium
(hereinafter referred to as the "City and/or "Subredpienr), and Maricopa County, administered by its
Human Services Department, (hereinafter referred to as the "Lead Agency" and/or "County"). The
Subrecipient and County are collectively referred to herein as the "Parties" and individually as a "Party."
The Subrecipient, for and in consideration of the covenants and conditions set forth in this Agreement, shall
provide and perform the services set forth herein All rights and obligations of the Parties shall be governed
by the terms of this Agreement, its exhibits, attachments, and appendices, including any Subcontracts,
Amendrnents, or Change Orders as set forth herein and fit
Section 1 - General Provisions - Contain uniform administrative requirements applicable to both
Parties participating in the HOME Investment Partnerships (HOME) Program, which inch rdia, but are
not limited to, definitions; non-discrimination and equal opporturuityrequimments; disclosure and
retention requirements; and debarment, suspension, or ineligibility exclusions.
Section H - Special Provisions Provides specific programmatic requirements upon the Subredpient
that are established bythe HOME Program and applicable HUD regulations. This includes, but is not
limited to, disposition of program income; financial record management; reporting requirements; and
Subrecipient certifications.
Section III - Work Statement - The section contains, but is not limited to, a narrative of the project; a
list of the tasks to be performed; established goals; performance measures; scheduling budget; planned
expenditures of income.
Section IV - Compensation - Contains provisions relating to compensation for Subrecipient, method
of payment, terms of reimbursement, conditions-prior to the release of funds.
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Marieopa County Human Services Department

Subtecipient Representative: Christina Ramirez Phone: (623) 222-3238
christina.ramitez@surpriseaz.gov
Address: 16000 N. Civic Center Plaza, Surprise, AZ 85374
Lead Agency: Ursula Strephans Phone: (602) 372-1526
strephansu@mail.maricopa.gov
Address: 234 N. Central Avenue, Third Floor, Phoenix, AZ 85004
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Maricopa County Human Services Department

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 Subredpient in any State or federal court.
IN WITNESS THEREOF, the Parties have signed this Agreement:
Approved By: Approv
SUBRECIPIENT MARI EAD AGENCY)
7.2
Authorized Signature Signature Chairman, Board of Sup ervisiors
FEB 2 5 7014
DATE DATE
Attested to: Attested to:
ity/Tdm Clerk Clak, Board of Supervisors
FEB 2 5 2014
DATE
IN ACCORDANCE WITH A.R.S. §§ 11-952, 11-201, AND 11-251, THIS AGREEMENT HAS BEEN REVIEWED BY
THE UNDERSIGNED DEPUTY COUNTY ATTORNEY, AND, IN ACCORDANCE WITH A.R.S. 11-952, THIS
GREEME w BEE_. 'I E I BY • U IE I al I ATTO Y J SUBRE IPIENTII 0
BEHALF OE SUBRECIPIENT, AND AS TO THEIR RESPECTIVE CLIENTS ONLY, EACH ATTORNEY HAS
DETERMINED THAT THIS AGREEMENT IS PROPER IN FORM AND WITHIN THE POWER AND AUTHORITY
GRAN l'ED UNDER THE LAWS OF THE STAIE OF ARIZONA.
APPROVED AS TO FORM: APPROVED AS TO FORM:
_.4.011P Apt, _
Att rney, the Subrecipient Attorney for the Board of Supervisors
7_ - ikC
DATE DATE
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Maricopa County Human Services Department

SECTION I
GENERAL PROVISIONS
Maricopa County
Human Services Department
Marieopa County Human Services Department Page 4

Section I General ProvisiCns
A. EFFECT
To the extent that the Special Provisions are in conflict with the General Provisions, the Special Provisions shall
control. To the extent that the Work Statement and the Special or General Provisions are in conflict, the Work
Statement shall control. To the extent that the Compensation Provisions are in conflict with the General
Provisions, Special Provisions or Work Statement, the Compensation Provisions shall control. Nothing herein
shall operate to increase the Operating Budget without a written amendment thereto.
B. DEFINITIONS
As used throughout this Agreement, the following terms shall have the following meanings:
1. 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 Maticopa County Board of Supervisors.
4. Contract Administrator means the person administering this Agreement on behalf of the
Department
5, Contract Specialist means the liaison between the Department and the Subrecipient that is
responsible for contract monitoring and technical assistance.
6. County means Maricopa County.
7. Department means the Maiicopa County Human Services Department.
8. Director means the Director of the Maticopa County Human Services Department.
9. Division means a section of the Human Services Department.
10. 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.
11. Intergovernmental Agreement means an agreement entered between two or more public
agencies for 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.
12. Juvenile means any person under the age of eighteen (18).
13. 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.
14. Performance Bond means a bond executed to secure fulfillment of all of the Subrecipient's
obligations under this Agreement.
15. Program means HOME subrecipients receive funds to carry out programs (e.g.,
downpayment assistance, homeowner rehabilitation, or tenant-based rental assistance
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Section I General Provisions
programs, etc.), and not to undertake specific projects. (Entities that carry out projects are
generally owners, developers, or sponsors.) Work Statement include herein describe the
Subrecipient programs to be administered.
16. Program Manager means the Assistant Director of a Division of Human Services.
17. Projects means HOME subrecipients that will commit home funds to projects in their
jurisdictions.
18. Provider means any Subrecipient and/or Subrecipient providing services required by this
Agreement
19. Public Agency has the meaning prescribed by A.RS.§ 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. Subrecipient means a public agency to administer all requirements of the HOME program and is
the person, firm or organization listed on the Cover Page of this Agreement.
22. Vendor means an entity funded through the Subrecipient to provide services required by the
Work Statement
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 regulations of the United States Department of Housing and Urban Development
(HUD). Any lawsuit arising out of this Agreement shall be brought in the appropriate court in
Maricopa County, Arizona.
2. The Subtecipient shall, without limitation, obtain and maintain all licenses, permits and authority
necessary to do business, render services and perform work under this Agreement, and shall
comply with all laws regarding unemployment insurance, disability insurance and worker's
compensation.
3. The Subrecipient is independent in the performance of work and the provision of services under
this Agreement and is not to be considered an officer, employee or agent of the County.
4. Subrecipient shall comply with the regulations prohibiting a conflict of interest, and not make any
payments, either directly or indirectly, to any person, partnership, corporation, trust or other
organization that has a substantial interest in Subrecipient's organization or with which
Subrecipient (or one of its directors, officers, owners, trust certificate holders or a relative thereof)
has a substantial interest, unless Subrecipient has made full written disclosure of the proposed
payments to the Department and has received written approval therefore. For purposes of this
provision, the terms "substantial interest" and "relative" shall have the meanings prescribed by
A.R.S. § 38-502.
D. ACCEPTANCE OF FUNDS
Subrecipient hereby accepts the award of funds under the terms of this Agreement and agrees to execute
and return this Agreement to the County within 30 days of receipt unless Subrecipient received a written
waiver of this requirement by the County.
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Section I General Provisions
E. AMENDMENTS
All Amendments to this Agreement shall be in writing, signed by authorized signers for both Parties, and
be requested to the County no later than six (6) months prior to contract expiration.
F. ASSIGNMENT AND SUBCONTRACTING
No right, liability, obligation or duty under this Agreement may be assigned, delegated or subcontracted, in
whole or in part, without the prior written approval of the Contract Administrator. Subrecipient shall bear
all liability under this Agreement, even if it is assigned, delegated or subcontracted, in whole or in part,
unless the Department agrees otherwise.
G. AVAILABILITY OF FUNDS
1. The provisions of this Agreement relating to the payment for services shall become effective
when funds assigned for the purpose of compensating the 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 tendered prior to the effective date of the
termination, provided that such services performed are in accordance with the provisions 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.
H. BUDGET ADJUSTMENTS
Subrecipient must receive prior written approval from the County to move funds from one Budget
Activity Line Item to another. If the County agrees to the budget adjustments, the County shall follow
section E of this Agreement to amend this Agreement. Any requests for reasonable budget adjustments
must be submitted six (6) months prior to the expiration of this Agreement Requests for adjustments to
this Agreement must be supported by appropriate documentation. The Subrecipient shall not retain any
funds drawn down in excess of immediate cash needs (to be used within 15 days of draw down) to
cover subsequent requests for reimbursement, and must return them to the County within 30 days of
receipt. The Subrecipient must also return to the County any interest that is earned on these funds that
axe drawn down and not expended for eligible costs within 15 days of draw down.
DISPUTES
1. Except as may otherwise be provided for in this Agreement, any dispute arising out of this
Agreement that is not resolved between the Parties within a reasonable period of time, which
shall not exceed one hundred twenty (120) days, shall be submitted in accordance with the
following dispute resolution process.
2. 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 Maricopa County, who shall provide the
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Section 1 General Provisions
Subrecipient with a written response within fourteen (14) working clays 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.
J. DEFAULT AND REMEDIES FOR NONCOMPLIANCE
Notwithstanding anything to contrary, this Section shall not be deleted or superseded by any other
provision of this Agreement.
This Agreement may be immediately terminated by the County if the Subrecipient defaults by failing to
perform any objective or breaches any obligation under this Agreement., or any event occurs that
jeopardizes the Subrecipient's ability to perform any of its obligations under this Agreement. The County
reserves the right to have service provided by persons other than the Subrecipient if the Subrecipient is
unable or fails to provide required services with the specified time frame.
Failure to comply with the requirements of this Agreement and all the applicable federal, state, or local
laws, rules, and regulations may result in suspension or termination of this Agreement, the return of
unexpended funds (less just compensation for work satisfactorily completed that, to date, has not been
paid), the reimbursement of funds improperly expended, or the recovery of funds improperly acquired.
Noncompliance includes, but is not limited to:
a. Nonperformance of any obligations required by this Agreement.
b. Noncompliance with any applicable federal, state, or local laws, rules or regulations, including
HUD guidelines, policies, or directives.
c. Unauthorized expenditure of funds.
d. Violation of the applicable affordability period.
e. Improper disposition of resale or recapture proceeds.
f. Improper disposition of program income.
g. Noncompliance with applicable financial record requirements, accounting principles, or
stanclnrds established by OMB circulars.
h. Noncompliance with tecordkeeping, 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:
a. All awards of funding shall be immediately revoked, and any approvals related to the project
described in the Special Provision or Work Statement shall be deemed revoked and canceled.
Thereby, any entitlements to compensation after suspension or termination of this Agreement
are similarly revoked and unavailable.
b. Not be relieved of any liability or responsibility associated with the Special Provision or Work
Statement.
c. Acknowledge that suspension or termination of this Agreement does not affect or terminate
any rights against the SUBRECIPMNT at the time of suspension or termination, or that may
accrue later. Nothing herein shall be construed to limit or terminate any right or remedy
available under contract or rule.
d. Wavier of a breach or default of any term, covenant, or condition of this Agreement or any
federal, state, or local law, rule, or regulation shall not operate as a waiver of any subsequent
breach of the same or any other term, covenant, condition, law, rule, or regulation.
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111111I1111IIII - 11011111111I111r
Section I General Provisions
TERMINATION
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 (unless terminated by the Board of Supervisors under the
Availability of Funds provision). The notice shall be given by personal delivery or by registered or
certified mail, postage prepaid and return 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 Subtedpienes
non-compliance jeoparcli7es 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 SUBRECIPI VNT 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 § 85.44. Both Parties shall agree upon the termination conditions including the
effective date of the termination. The party initiating the termination shall notify the other party
in writing stating the reasons for such termination.
L. SEVERABILITY
Any provision of this Agreement that is determined to be invalid, void or illegal by a court shall in no way
affect, impair or invalidate any other provision hereof, and the remaining provisions shall remain in full
force and effect.
M. STRICT COMPLIANCE
The Department's acceptance of Subrecipienes 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 Patties.
N. NON-LIABILITY
The County, its officers, representatives, agents and employees shall not be liable for any act or omission
by the Subredpient or Vendor or any officer, representative, agent or employee of Subredpient or Vendor
occurring in the performance of this Agreement, nor shall these entities be liable for purchases or
contracts made by the Subrecipient, Vendor or any officer, representative, agent and employee of
Subrecipient or Vendor, in connection with this Agreement.
0. RECIPROCAL INDEMNIFICATION
Each Party (as "Indernnitor") agrees to indemnify, defend, and hold harmless the other Party (as
"Indemnitee") 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 Indeinnitee, are caused by the act,
omission, negligence, misconduct, or other fault of the Indemriitor, its officers, officials, agents,
employees, or volunteers.
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Section I General Provisions
P. TECHNICAL ASSISTANCE
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 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.
Q. SINGLE AUDIT ACT REQUIREMENTS
Subredpients 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. 5§
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 dose 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.
R. AUDIT DISALLOWANCES
1. The Subrecipient shall, upon written notice thereof; reimburse the County for any payments made
under this Agreement that are disallowed by a federal, State or County audit in the amount of the
disallowance, as well as court costs and attorney's fees the County spends to pursue legal action
relating to a disallowance. Court costs and attorney's fees incurred will be specifically identified as
applicable to the recovery of the disallowed costs in question.
2. If the County determines that a cost for which payment has been made is a disallowed cost, the
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.
S. 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
T. 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
U. LOBBYING
1. No federal appropriated funds have been paid or will be paid by or on behalf of the Subtecipient
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 Subtecipient shalt
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Section I General Provisichi,,
complete and submit OMB Form-ILL, titled "Disclosure of Lobbying Activities," in accordance
with its instructions and 31 U.S.C. 1352.
V. RELIGIOUS ACTIVITIES
The Subrecipient agrees that none of its costs and none of the costs incurred by any Vendor will include
any expense for any religious activity.
W. 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.
X. 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.
Y. SAFEGUARDING OF PARTICIPANT INFORMATION
The use or disclosure by any Party of any information concerning an applicant for, or recipient of, services
under this Agreement is directly limited to the conduct of this Agreement 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.
Z. RIGHTS IN DATA
The Parties shall have the use of data and reports resulting from this Agreement without cost or other
restriction, except as otherwise provided by law or applicable regulation. Each Party shall supply to the
other Patty, upon request, any available information that is relevant to this Agreement and to the
performance hereunder.
AA. COPYRIGHTS
if this Agreement results in a book or other written material, the author is free to copyright the work, but
the County reserves a royalty-free, nonexclusive, perpetual and irrevocable license to reproduce, publish,
or otherwise use and to authorize other to use, all copyrighted material and all material which can be
copyrighted resulting from this Agreement
BB. PATENTS
Any discovery or invention arising out of, or developed in the course of, work aided by this Agreement
shall be promptly and fully reported to the 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
CC. CONTRACT COMPLIANCE MONITORING
The Department will monitor the Subrecipient's compliance with, and performance under, the terms and
conditions of this Agreement and the applicable federal regulations promulgated by HUD. On-site visits
for compliance monitoring may be made by the Department and/or its grantor agencies at any time
during the Subrecipient's normal business hours, announced or unannounced. During an on-site visit, the
Subrecipient shall make all of its records and accounts related to work performed or services provided
under this Agreement available to the Department for inspection and copying.
DD. CONTINGENCY RELATING TO OTHER CONTRACTS AND GRANTS
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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 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 Subtecipient 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 Subredpient disputes the proposed cost adjustment, the dispute shall be
resolved pursuant to the "Disputes" section contained herein.
EE. 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, et seq.).
FF. RECOGNITION OF DEPARTMENT SUPPORT
The Subredpient 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
GG. INSURANCE
The Subredpient 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 policy 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.
c. Public Liability, Bodily Injury and Property Damage;
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.
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 rainimum 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
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Section I General Provisid
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.
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.
HH. BONDING
1. The Subrecipient shall not receive any initial reimbursements under this Agreement in an amount
greater than the Subrecipient's bonding limit. Subredpient 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
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 tight 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.
KK. EQUAL EMPLOYMENT OPPORTUNITY
The Subtecipient 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
ensure 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 Subrethpient 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. g 2000a, et seq.); the Rehabilitation Act of 1973, as
amended (29 U.S.C. §§ 701, et seq.); the Age Discrimination in Employment Act of 1967, as amended (29
U.S.C. §§ 621, et seq.); the Americans With Disabilities Act of 1990 (42 U.S.C. §§ 12101, et seq.); and
Arizona Executive Order 99-4, which mandates that all persons shall have equal access to employment
opportunities.
LL. FINANCIAL MANAGEMENT
The Subrecipient shall establish and maintain a separate, interest-beating 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
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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.
MM. RETENTION OF RECORDS
I. This provision applies to all financial and programmatic records, supporting document, statistical
records and other records of the Subrecipient that are related to this Agreement
2. The Subrecipient shall retain all records relevant to this Agreement for six (6) years after final
payment or until after the resolution of any audit questions which could be more than six (6)
years, whichever is longer, and the 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.
NN. ADEQUACY OF RECORDS
If the Subrecipienes books, records and other documents related to this Agreement are not sufficient to
support and document that allowable services were provided to eligible participants, the Subrecipient shall
reimburse the County for the services not supported and documented.
00. COMPETITIVE BID REQUIREMENTS
1. Equipment
If this Agreement is with other than a Public Agency, the Subrecipient shall obtain all equipment
to be utilized under this Agreement and purchased with funds provided under this Agreement at
the lowest practical cost pursuant to the following competitive bidding system:
a. Procurements in excess of $300, but less than $1,000, require oral price quotations from
two or more vendors. The Subrecipient shalt keep and maintain a record of the vendors'
verbal quotations. The Subrecipienes 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 utilized under this Agreement and purchased with funds provided under this Agreement at the
lowest practical cost and pursuant to a system of written quotes whenever the price is expected to
be greater than $300, unless the Subrecipient obtains the Contract Administrator's prior written
approval to purchase supplies by an alternate method.
3. Minority, Women and Small Business Enterprises
The Subrecipient shall take affirmative steps to provide an opportunity for minorities, women,
and small businesses to compete in the procurement of equipment and supplies under this
Agreement.
4. Bidding Procedures
If the Subrecipient is a Public Agency, the Subrecipienes 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.
PP. 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
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Section I General ProvisioiA.
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.
QQ. 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 1RCA in performing under
this Agreement and shall grant the County access to inspect its personnel records to verify such
compliance.
RR. DRUG FREE WORKPLACE ACT
The Subrecipient agrees to comply with the Drug-Free Workplace Act of 1988 (41 U.S.C. §§ 701, et
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.
SS. GOVERNOR'S EXECUTIVE ORDER NO. 88-26
The Subrecipient is required to use the Arizona Taxonomy of Human Services for reporting and
contracting purposes.
TT. STATUTORY RIGHT OF CANCELLATION
Notice is given that pursuant to A.R.S. S 38-511, the County may cancel this Agreement without penalty
or further obligation within three years after execution of this Agreement, if any person significantly
involved in initiating, negotiating, securing, drafting or creating this Agreement on behalf of the County is,
at any time while this Agreement or any extension of this Agreement is in effect, an employee or agent of
any other Party to this Agreement in any capacity or consultant to any other Party of this Agreement with
respect to the subject matter of this Agreement. The County may also recoup any fee or commission paid
or due to any person significantly involved in initiating, negotiating, securing, drafting or creating this
Agreement on behalf of this County from any other Party to this Agreement arising as the result of this
Agreement.
UU. 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 tights and obligations of the Parties shall be only those expressly set forth in this
Agreement.
The Parties agree that no individual perforating under this Agreement on behalf of the Subrecipient is to
be considered a County employee, and that no rights of County civil service, County retirement, or County
personnel rules shall accrue to such individual. The subrecipient shall have total responsibility for all
salaries, wages, bonuses, retirement, withholdings, workman's compensation, occupational disease
compensation, unemployment compensation, other employee benefits, and all taxes and premiums
appurtenant thereto concerning such individuals and shall save and hold the County harmless with respect
thereto.
VV. 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 City of Surprise ("Subrecipient"),
defined as the primary participant in accordance with 45 C.F.R. Part 76, certifies to the best of its
knowledge and belief that it and its principals:
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1 are not presendy debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by any federal department or agency;
2 have not within a 3-year period preceding this Agreement been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (federal, State, or local) transaction or
contract under a public transaction; violation of federal or State antitrust statutes or commission
of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
3 are not presently indicted or otherwise criminally or civilly charged by a governmental entity
(federal, State, or local) with commission of any of the offenses enumerated in paragraph (b) of
this certification; and
4 have not within a 3-year period preceding this Agreement had one or more public transactions
(federal, State, or local) terminated for cause or default
5 shall immediately notify the 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
6 shall not enter into a subcontract or sub-recipient agreement with a person or organization that is
debarred, suspended, declared ineligible, or voluntarily excluded from participation. The
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 subrecipients; in all lower tier covered transactions and in all
solicitations for lower tier covered transactions in accordance with 45 C.F.R. Part 76.
Should the Subrecipient not be able to provide this Certification, an explanation as to why shall be
immediately provided to the Department, Attention: Ursula Strephans, 234 N. Central Ave., Third Floor,
Phoenix, AZ 85004.
WW. 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.) ([NA) and all other federal and State
immigration laws and regulations related to the immigration status of its employees. The Subrecipient
shall obtain statements from its Vendors certifying compliance and shall furnish the statements to the
Department upon request. These representations and warranties shall remain in effect throughout the
term of this Agreement. The Subredpient and its Vendors shall also maintain Employment Eligibility
Verification forms (I-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. 5 41-4401 (e-verify requirements) and
further acknowledges:
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That Subrecipient and its Vendors, if any, warrant their compliance with all federal immigration
laws and regulations that relate to their employees and their compliance with A.R.S. 5 23-214;
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;
That the County and any contracting government entity retains the legal right to inspect the
papers and employment records of any Subrecipient or Vendors employee who works on this
Agreement to ensure that the Subrecipient or Vendors is complying with the warranty provided
under subsection 1 above and that the Subrecipient agrees to make all papers and employment
records of said employee(s) available during normal working hours in order to facilitate such an
inspection.

SECTION II
SPECIAL PROVISIONS
Maricopa County
Human Services
Maricopa County Human Services Department Page 18

Section II Special 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 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. HUD means U.S. Department of Housing and Urban Development
2. CDBG means Community Development Block Grant Program
3. HOME means HOME Investment Partnership Program
4. COUNTY means Maricopa County Human Services Department, Community Development Division
5. CD means Community Development
6. Admin Manual on CD means Administrative Manual on Compact Disk produced by the Human
Services Department/Community Development Division
7. CDAC means Community Development Advisory Committee
8. BOS means Maricopa County Board of Supervisors
C. STANDARDS
The SUBRECIPIENT shall perform 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 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 II
"LL Financial Management" is superseded in Special Provisions
"RR Governor's Executive Order No. 88-26" is deleted
F. AUDIT REQUIREMENTS
The SUBRECIPIENT shall, at its own expense, file with the Human Services Department/Community
Development Division by March 30th, either:
Audited financial statements prepared in accordance with federal single audit requirements; or,
Financial statements prepared in accordance with generally accepted accounting principles audited by
an independent certified public accountant.
G. SPECIAL FEDERAL AND PROJECT PROVISIONS
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Section II Special Provisions
1, PROGRAMS: In accordance with HOME Program regulations, the SUBRECIPIENT agrees to
implement the Program fully as described in each Work Statement in accordance with the terms of
the Five-Year Consolidated Plan and the Annual Action Plan submitted by the COUNTY to HUD for
funds to carry out the Program and the Certifications which were submitted concurrently with the
Annual Action Plan to HUD, and with any Cooperation Agreements with the Municipality (as
applicable). The Annual Action Plan is hereby incorporated by reference into this Agreement. In
summary, the Program is described in Work Statement, Section III. The SUBRECIPIENT shall be
responsible to provide various reports of all activities related to the Scope of Work. The
SUBRECIPIENT agrees to submit to the COUNTY Performance Reports:
a. Quarterly Program Income Report and Supporting Documentation due on the 25 th of July,
October, January and April.
b. Quarterly Progress Reports due on the 25 th of July, October, January and April of the
preceding three months (i.e. July report cover the months of April, May and June)and
address all programs described in the scope of work. Failure to submit timely Quarterly
Progress Reports (which include beneficiary information) will result in suspension of
payment reimbursement requests until all reports are brought current. Quarterly reports
are continually due for rental projects to ensure that all beneficiary data is regularly
updated with beneficiary information during lease-up along with vacant unit reports.
Within six months from the date of project completion, if a rental unit remains unoccupied,
the Subrecipient must provide the County information about current marketing efforts and,
if appropriate, an enhanced plan for marketing the unit so that it is leased as quickly as
possible. Within 18 months from the date of project completion, if efforts to market the
unit are unsuccessful and the unit is not occupied by an eligible tenant, HUD will require
repayment of all HOME funds invested in the unit. A unit that has not served a low- or very
low-income household has not met the purposes of the HOME program. Therefore, the
costs associated with the unit are ineligible. This tracking provides the County with early
notice of any units at risk of going unrented as described in §92.252.
c. Request for Payment Reimbursement on the County required form and must include all
supporting documentation and have a Match Log and supporting documentation;
d. HOME Setup and HOME Completion Report.;
e. MBE/WBE information; and
f. Other HUD-required reporting data as applicable shall be submitted.
2. PROGRAM INCOME: All income received from HOME Funds shall be considered program income
and subject to the requirements set forth in HOME Program regulations. Program Income includes,
but is not limited to: [1] payments of principal and interest on loans. Program Income may be
retained and used by the SUBRECIPIENT subject to the following conditions: [1] program income
shall be tracked by the SUBRECIPIENT and accounted for in a separate fund or account; [2] program
income funds shall be expended for eligible program expenses before additional HOME Funds are
requested; [3] documentation supporting the amount of program income received and expended
shall be submitted the 25th of quarterly to the County; and [4] a yearly program income log that
states program income received and expended shall be submitted at the end of each fiscal year,
June 30th. 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. REAL PROPERTY ACQUIRED or IMPROVED WITH HOME FUNDS: Upon expiration of this Agreement,
any real property under the Subrecipient control that was acquired or improved in whole or in part
with HOME funds must be occupied by low and/or very low income households and in compliance
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with HOME occupancy limits and must meet the requirements to qualify as affordable housing
subject to encumbrances and obligations described in any applicable recorded covenants running
with the land. The option to use deed restrictions or covenants running with the land must include
period of affordability set forth in §92.252.
4. DEOBLIGATION: The County may reduce funds from the funding award evidenced by this
Agreement without regard to the source of funding, under the following circumstances:
a. The Subrecipient completes performance under the Scope of Work without using all funds
provided by the County under this Agreement;
b. This Agreement expires all funds are expended and ;
e. The County original allocation was a loan and the Subrecipient paid the loan;
d. Cancelled or changed an Program required under the Work Statement for reasons other
than non-performance;
e. This Agreement has otherwise been terminated. The County may deobligate funds under
this Agreement under the foregoing circumstances upon written notice to the Subrecipient.
5. REDUCTION IN FUNDS: The County may reduce funds from the amount of the funding award
evidenced by this Agreement, under the following circumstances: 1) The County determines that
the Subrecipient failed to use the funds provided by the County under this Agreement in
compliance with the terms and conditions outlined herein; or 2) the Subrecipient fails to perform in
accordance with the performance obligations set forth in the Statement of Work and Project
Schedule or the terms of this Agreement. The County may reduce funds under this Agreement
under the foregoing circumstance upon written notice to the Subrecipient.
6. REPAYMENT OF FUNDS: Subrecipient agrees to repay funds provided under this Agreement in
compliance with the terms of this Agreement or the requirement of applicable laws and
regulations. The County may specify in writing, the terms of the repayment or alternative terms in
lieu of repayment however in no case shall repayment or alternative terms be accomplished later
than one hundred eight (180) days following the written determination of noncompliance by the
County.
7. FUNDS REMAINING AT EXPIRATION: Upon expiration of the Agreement, the Subrecipient shall
transfer to the County any unexpended funds advanced to the Subrecipient by the County under
this Agreement,.
8. ADMINISTRATIVE REQUIREMENTS: In accordance with federal regulations, including 24 CFR § 92 et
seq., the COUNTY is responsible for ensuring the administration of HOME Program Funds in
accordance with all program requirements.
a. FINANCIAL RECORDS: SUBRECIPIENT accounting system and financial records shall comply
with the applicable requirements and standards of OMB Circulars A-110, A-122, A-133 and
24 CFR Part 225. Such systems shall be subject to monitoring from time to time by the
COUNTY or by HUD.
I. The SUBRECIPIENT agrees to adhere to accounting principles and procedures, to
utilize adequate internal controls and maintain necessary source documentation
for all costs incurred. The SUBRECIPIENT further agrees to maintain an adequate
accounting system that provides for appropriate grant accounting (including
calculation of program income).
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SUBRECIPIENT is to adhere to applicable audit requirements as described and in
accordance with OMB Circular A-133. In addition, all SUBRECIPIENTS must provide
annual single-audit reports or annual audited financial statements to the COUNTY.
ill. SUBRECIPIENT is to adhere to the repayment of investment requirements set forth
in 24 CFR § 92.503. Any HOME Funds invested in housing that does not meet the
affordability requirements for the period specified in § 92.252 or § 92.254, as
applicable, must be repaid in accordance with 24 CFR § 92.503(b)(3).
b. DOCUMENTATION AND RECORD KEEPING:
i. Records to be Maintained The SUBRECIPIENT shall maintain all records required
by the Federal regulations specified in 24 CFR § 92.508 that are pertinent to the
activities to be funded under this Agreement. Such records shall include but not be
limited to:
1. Records demonstrating that the SUBRECIPIENT is and remains a qualified
SUBRECIPIENT;
2. Records providing a full description of each projects undertaken and its
impact;
3. Records required determining the eligibility of activities;
4. Records which demonstrate compliance with environmental review
requirements;
5. Records required to document the acquisition, improvement, use or
disposition of real property acquired or improved with HOME assistance
(Properties retained shall continue to meet eligibility criteria);
6. Records which demonstrate citizen participation;
7. Records which demonstrate compliance regarding acquisitions,
displacement, relocation and replacement housing;
8. Records demonstrating continuing compliance for all activities and/or
compliance with resale or recapture provisions of the affordability
standards;
9. Records documenting compliance with the fair housing and equal
opportunity components of the HOME program;
10. Financial records as required by OMB Circular A-110;
11. Other records necessary to document compliance with HOME
requirements;
12. Records documenting compliance with Section 3 of the Housing
Development Act of 1968;
13. Records which demonstrate compliance with deeds of trust, promissory
notes, and forgivable loans associated with owner-occupied housing
activities;
14. Records supporting that the SUBRECIPIENT has maintained client data
demonstrating clients served meet the income and other criteria required
by federal law and that no unlawful discrimination occurs in the solicitation
or selection process of low income persons or groups and that no conflict
of interest exists.
15. All Applicable Federal, State and local laws and regulations, including
compliance with ARS § 1-501 and § 1-502 (Attachment A).
ii. Outcome Measures — The SUBRECIPIENT shall maintain data that supports the
accomplishment of the desired outcomes as indicated in the Work Statement.
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iii. Disclosure The SU BRECIPIENT understands that client information collected under
this agreement is private and the use or disclosure of such information, when not
directly connected with the administration of the COUNTY's or SUBRECIPIENT's
responsibilities with respect to services provided under this Agreement is
prohibited unless written consent is obtained from such person receiving service.
iv. Activity Reports — Such reports as required by the COUNTY including, but not
limited to HOME Setup/Completion Report, Quarterly Progress Reports, Quarterly
Program Income Reports, Match Reports, MBE/WBE information, and other HUD-
required reporting data as applicable shall be submitted in accordance with the
Administrative Manual on CD at the completion of each Program which is described
under the Scope of Work.
v. Audits and Inspections — All SUBRECIPIENT records with respect to any matters
covered by this Agreement shall be made available to the COUNTY, their designees
or the Federal Government, at any time during normal business hours, as often as
the COUNTY deems necessary, to audit, examine and make excerpts or transcripts
of all relevant data. Any relevant deficiencies noted in audit reports must be
addressed by the SUBRECIPIENT within 45 days after receipt by the SUBRECIPIENT.
Failure of the SUBRECIPIENT to comply with the above audit requirements shall
constitute a violation of this Agreement and may result in the withholding of future
payments. The SUBRECIPIENT hereby agrees to have an Annual Audit 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.
vi. Performance Monitoring — The COUNTY shall monitor the SUBRECIPIENT to
determine if HOME-funded activities are implemented and administered in
accordance with all applicable federal requirements and gauge performance of the
SUBRECIPIENT against goals and performance standards required herein.
SUBRECIPIENT will prepare for monitoring and assure all required files and
documentation are available at scheduled monitoring as set forth in the HOME
Consortium Monitoring Current Practices. Failure of SUBRECIPIENT to administer,
implement and perform as determined by federal regulations and COUNTY shall
constitute non-compliance with this Agreement. Non-compliance is a violation of
this Agreement and may result in the withholding of future payments.
vii. Policy/Administrative Manuals Use - SUBRECIPIENT agrees to be familiar with and
comply with the policies/procedures established in the most recent Administrative
Manual on CD. Noncompliance with the Administrative Manual on CD shall
constitute a breach of contract.
9. ENVIRONMENTAL REVIEW CONDITIONS: Completion of the Environmental Review Record (ERR) is
mandatory before taking any physical action on a site or entering into contracts. Only exempt
activities such as administration may be taken and reimbursed by the County prior to receiving a
written release of HOME funds to the Subrecipient. Exempt activities described in § 24 CFR
58.34(a)(1)-(11) are activities that generally have no physical impact on the environment. If federal
funds are involved in an activity, neither federal nor non-federal funds may be expended or
committed by contract (conditional or not) for property acquisition, rehabilitation, conversion,
lease, repair or construction activities, until HUD and/or the County provides written authorization
based on approval of an ERR.
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An option agreement (to purchase land or a single family residence) on a proposed site or property
is allowable prior to the completion of the environmental review if the option agreement is
contingent upon a HUD authorization to use fund based on a completion ERR. The cost of the
option must be a nominal portion of the purchase price.
a. The SUBRECIPIENT agrees to comply with: the National Environmental Policy Act of 1969
(Pl. 91-190) pursuant thereto 40 CFR Parts 1500 — 1508; Environmental Review Procedures
for Entities Assuming HUD Environmental Responsibilities pursuant thereto Title 24 CFR
Part 58, Subpart A; CPD Notice 01-11 HOME Environmental Review Requirements and with
all conditions required in the process of the environmental assessment.
b. Air and Water - The SUBRECIPIENT agrees to comply with the following requirements
insofar as they apply to the performance of this Agreement.
I. Clean Air Act, 42 USC § 7401, et seq., as amended.
ii. Federal Water Pollution Control Act, as amended, 33 USC § 1251, et seq., as
amended, 1318 relating to inspection, monitoring, entry, reports and information,
as well as other requirements specified in said Section 114 and Section 308 and all
regulations and guidelines issued thereunder.
iii. Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50, as
amended.
iv. 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. 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 is listed or eligible for the National Register of
Historic places, or included on any state or local historic property inventory or any
archaeological findings.
e. Release Of Funds (ROE) - 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.
10. THE SUBRECIPIENT CERTIFIES:
a. That it is a municipality that meets the applicable requirements of the HOME Program.
b. That it possesses legal authority to execute this Agreement.
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Section II Special Provisions
c. That its governing body has duly adopted or passed as an official act, a resolution, motion,
or similar action authorizing the person identified as the official representative of the
SUBRECIPIENT to execute this Agreement and to comply with the terms of this Agreement.
d. That the activity described shall be carried out and services administered in compliance
with all federal laws and regulations as follows:
I. SUBRECIPIENTS that are governmental entities (including public agencies) shall
comply with the requirements and standards of OMB Circular A-87, "Cost Principles
for State, Local, and Indian Tribal Governments "OMB Circular A-133, Audits of
States, Local Governments, and Non-Profit Organizations": and with 24 CFR Part 85,
"Uniform Administrative Requirements for Grants and Cooperative Agreements to
State and Local Governments".
11. ADDITIONAL CERTIFICATIONS, WARRANTIES, AND AGREEMENTS:
a. The Parties to this Agreement agree that they will utilize and make available the HOME
funds in conformity with the non-discrimination and equal opportunity requirements set
out in the HUD regulations in the National Housing Affordability Act. These regulations
listed in 24 CFR §§ 92.350-92.454 include:
i. The requirements of the Fair Housing Act, 42 CFR §§ 3601-20, and implementing
regulations at 24 CFR Part 100: Executive Order 11063 (Equal Opportunity in
Housing) as amended by Executive Order 12259 (3 CFR, 1958-1963 Come, p. 652
and 3 CFR 1980 Come. p. 307) and implementing regulations at 24 CFR §107: and
Title VI of the Civil Rights Act of 1694, 42 U. S. C. § 2000d, and implementing
regulations at 24 CFR Part 1 (Nondiscrimination in Federally Assisted Programs);
ii. Executive Order 13166 entitled "Improving Access to Services for Persons with
Limited English Proficiency" pursuant to Title VI of the Civil Rights Act;
iii. The prohibitions against discrimination on the basis of age under the Age
Discrimination Act of 1975 (42 U.S.C. §§ 6101-07) and the regulations at 24 CFR §
146;
iv. The prohibitions against discrimination on the basis of handicap under Section 504
of the Rehabilitation Act of 1973 (29 U.S.C. § 794) and implementing regulations at
24 CFR Part 8; and, Americans with Disabilities Act 1990;
v. The requirements of the Executive Order 11246 (Equal Employment Opportunity)
and the regulations issued under the Order at 41 CFR Chapter 60 (3 CFR §§ 1964-
65, Come, p. 339);
vi. The requirements of Section 3 of the Housing and Urban Development Act of 1968,
12 U.S.C. § 1702u (Employment Opportunities for Business and Lower Income
Persons in Connection with Assisted Activities); and
vii. 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.
b. The Parties to this Agreement agree that they will prepare and adopt acceptable
procedures and requirements for affirmatively marketing units in the HOME Activities,
when HOME assisted housing contains 5 or more rental units, by providing information
about the availability of HOME-assisted units that are vacant at the time of completion or
that later become vacant. The parties agree that they will make good faith efforts to
provide information and to otherwise attract eligible persons from all racial, ethnic, and
gender groups in the housing market to the available housing during the period of
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Maricopa County Human Services Department

Section II Special Provisions
affordability. These procedures and requirements are not applicable when units are
occupied by families referred from a Public Housing Authority's (PHA) waiting list, or to
families receiving tenant-based rental assistance provided from HOME funds.
c. HOME funds may not be used for operations or modernization of public housing projects
financed under the Housing Act of 1937.
d. COUNTY, as the participating jurisdiction, assumes all the responsibilities for environmental
review, decision making, and action under the National Environmental Policy Act of 1969
(42 U.S.C. § 4321) and the other provisions of the law that would apply to HUD were HUD
to undertake such Activities as Federal Activities in accordance with 24 CFR Part 58. The
COUNTY will assume the responsibilities for the Request for Release of Funds. The
SUBRECIPIENT agrees not to commit or incur any expenditures for HOME activities until this
environmental review process has been completed. Should it be determined that the
SUBRECIPIENT has incurred expenses in violation of the NEPA requirements, the
SUBRECIPIENT will be responsible for the full costs for such expenditures and repayment of
any related reimbursements. The SUBRECIPIENT agrees to provide all necessary assistance
to the COUNTY in completing this environmental review process.
e. The Parties to this Agreement agree to abide with the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970 (URA) (42 U.S.C. §§ 4291-4655) and the
governmental implementing regulations at 49 CFR Part 24 as they apply to this HOME
Program.
f. The Parties to this Agreement agree to abide with the Davis-Bacon Act (40 U.S.C. § 276a-5)
and the Agreement Work Hours and Safety Standards Act (40 U.S.C. §§ 327-333).
g. The Parties to this Agreement agree to abide by the Flood Disaster Protection Act of 1973
(42 U.S.C. §§ 4001-4128) as they apply to this HOME Program.
h. The Parties to this Agreement agree to abide by the Drug-Free Workplace Act of 1988 as it
applies to the HOME Program.
i. Housing assisted with HOME funds constitutes HUD-assisted housing for the purposes of
the Lead-Based Paint Poisoning Prevention Act (42.U.S.C. § 4821. et seq.) and is therefore
subject to 24 CFR Part 35.
j. No person who is an employee, agent, consultant, officer or elected official, or appointed
official who exercise or have exercised any functions or responsibilities with respect to
activities assisted with HOME funds or who are in a position in a decision making process or
gain inside information with regard to these activities, may obtain a financial interest or
benefit from a HOME assisted activity, either for themselves or those whom they have
family or business ties, during their tenure or for one year thereafter.
k. The SUBRECIPIENT warrants that it is in compliance with A.R.S. § 41-4401 and further
acknowledges
I. That the SUBRECIPIENT and its subcontractors/vendors, if any, warrant their
compliance with all federal immigration laws and regulations that relate to their
employees and their compliance with A.R.S. § 23-214 (A);
ii. 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;
iii. That the COUNTY retains the legal right to inspect the employment papers of any
subrecipient or vendors employee who works on the Agreement to ensure that the
subrecipient or vendor is complying with the warranty provided under subsection a
above and that the subrecipient agrees to make all papers and employment
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Maricopa County Human Services Department

Section II Special Provisi,,A
records of said employee(s) available during normal working hours in order to
facilitate such an inspection; and
iv. That nothing herein shall make any subrecipient, or vendor an agent or employee
of the COUNTY;
I. That the Administrative Manual on CD shall be made accessible to all applicable
SUBRECIPIENT staff.
12. REGARDING SUBCONTRACTS AND VENDORS:
a. Approvals — The SUBRECIPIENT shall not commit to any pre-Agreement costs or enter into
any subcontract(s) with any agency or individual in the performance of this Program
without the Release of Funds (ROF) from the COUNTY prior to the execution of such
Agreement.
b. Selection Process — The SUBRECIPIENT shall ensure that all subcontracts let in the
performance of this Agreement are awarded on a fair and open competitive basis.
Executed copies of all subcontracts shall be forwarded to the COUNTY along with
documentation, if requested concerning the selection process.
c. Section 3 of the Housing and Urban Development Act of 1968 — The SUBRECIPIENT shall
include the Section 3 clause in every subcontract and shall take appropriate action pursuant
to the subcontract upon a finding that the vendor is in violation of regulations issued by the
grantor agency. 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
§ 135. The Subrecipient has the responsibility of determining Section 3 eligibility.
d. Monitoring — The Subrecipient shall monitor/review all subcontracted services on an
annual basis to assure contract compliance. Results of monitoring efforts shall be
summarized in Quarterly Progress Reports and supported with documented evidence, if
requested, of follow-up actions taken to correct areas of noncompliance.
13. THE COUNTY CERTIFIES:
a. That the public purpose is served by the financial participation of the COUNTY in the
Statement of Work.
b. That the HOME Program funds designated for the Statement of Work constitutes
reasonable and prudent assistance necessary for completion of the Program.
ACTIVITY COMPLETION Upon completion of the Work Statements, all unspent HOME resources shall be
forfeited to the COUNTY for reallocation as defined by Maricopa HOME Consortium Policies and
Procedures. The SUBRECIPIENT shall continue to be responsible for compliance activities until all HOME
requirements and contractual obligations are met including affordability restrictions. The Subrecipient
obligation shall not end until all close-out requirements are completed. The COUNTY will notify the
Subrecipient in writing that a Completion Report is due to the COUNTY within sixty (60) days of one of the
following occurrences:
a. Funds have been expended for the activity;
b. The Scope of Work has been completed;
c. The contract period set forth in this Agreement has expired; or
d. The Agreement has otherwise been terminated.
Following the receipt and approval of the Completion Report for each activity, the County will notify the
Subrecipient in writing that each activity is closed.
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Maricopa County Human Services Department

Section II Special Provisions
14. FAILURE TO MAKE PROGRESS Failure of the Subrecipient to make progress according to the
Schedule of Completion may result in contract termination, deobligation of funds or recapture of
funds. Subrecipient agrees to meet with the County at the site in which the funded activity is taking
place to discuss progress and allow the County to provide technical assistance if:
a. The Subrecipient fails to begin work on its Environmental Review pursuant to section 5
within sixty (60) calendar days from the date the County executes this Agreement;
b. The Subrecipient fails to expend any funds in performance of and in accordance with the
terms of this Agreement within ninety (90) calendar days from the execution date of this
Agreement.
c. The County will terminate any Agreement and recapture funds from the same Agreement
in which the Subrecipient does not commence any of the activities described in the
Statement of Work or fails to expend any funds in accordance with the Compensation
within one-hundred eighty (180) calendar days from the full execution dated of this
Agreement. The County in its sole discretion may forgo providing technical assistance and
recapture funds as outlined in this Agreement under Section I hereof and/or terminate
Agreement for cause pursuant to Section I of this Agreement.
15. GENERAL CONDITIONS:
a. It is expressly understood by the parties hereto that this Agreement has been negotiated
and executed in anticipation of receipt of funds by the County from HUD pursuant to the
HOME Program and that therefore, the terms, conditions and sums payable under this
Agreement are subject to any changes or limitations which may be required by HUD and
the HOME Program regulations. Notwithstanding any other provisions of this Agreement,
any payment to SUBRECIPIENT by County under this Agreement is contingent upon the
actual receipt of funds from HUD.
b. Both parties acknowledge that no member of the governing body, nor any employee of the
County who exercises any functions or responsibilities in connection with the carrying out
of the activity to which this Agreement pertains, has any personal interest direct or indirect
in this Agreement.
c. 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 this Agreement
nor relieve or release the County or Subrecipient from its obligations under this Agreement.
Amendments shall be filed with the original Agreement.
d. Changes 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:
I. Scope of Work activities reflecting changes in Federal, State, County or local
regulations, policies or requirements;
ii. Administrative requirements such as changes in reporting periods, frequency of
reports, or report formats required by HUD or local regulations, policies or
requirements. It is the responsibility of the SUBRECIPIENT to ensure the latest
documents are consulted and followed.
iii. Increase/decrease Agreement funding per Consortium/CDAC/BOS policies.
e. The invalidity in whole or in part of any provision of this Agreement shall not void or affect
the validity of any other provision of this Agreement.
f. SUBRECIPIENT agrees to be familiar with, update as necessary, and comply with the
policies/procedures established in the most recent CDAC/BOS Manual and all provisions in
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Maricopa County Human Services Department

Section II Special Provii
the most recent Administrative Manual on CD. Non-compliance with the Administrative
Manual on CD shall constitute a breach of contract.
g. SUBRECIPIENT agrees to give all notices and comply with all laws, ordinances, and rules,
building codes, regulations and lawful orders of any public authority bearing on the
performance of activities pursuant to this Agreement. If the SUBRECIPIENT observes that
any of the Agreement documents are in conflict with any laws, statutes, building codes
and/or regulations, it shall promptly notify the County, in writing, and any necessary
changes shall be accomplished by appropriate written modification.
h. Should the SUBRECIPIENT perform any work knowing it to be contrary to applicable laws,
ordinances, rules, building codes and/or regulations, it shall assume full responsibility,
therefore, and shall bear all cost incurred due to its negligence. Any dispute not disposed
of by mutual agreement by the parties hereto shall be decided in accordance with the
applicable Arizona laws, ordinances, and codes of the state and local governments.
I. Acknowledge the contribution of the Maricopa Urban County HOME Program in all
published literature, brochures, programs, flyers, etc., during the term of the Agreement.
j. Execute and abide by Certifications mandated by HOME Program requirements as listed in
HOME CERTIFICATIONS.
16. REVERSION OF ASSETS: Upon expiration of this Agreement, the SUBRECIPIENT shall transfer all
remaining unspent funds or the value of other assets as defined by the terms of affordability
(Attachment Ill) relating to the HOME Program to the County. A written letter of intent to
terminate must be submitted to the County a minimum of 30 days prior to termination of
Agreement.
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Marieopa County Human Services Department

Section II Special Provisions
SUBRECIPIENT HOME CERTIFICATION
In accordance with the provisions of the Home Investment Partnerships Act and with 24 CFR 92.150 of the
Home investment Partnership Program Rule, the SUBRECIP1ENT certifies that:
(A) Before committing any funds to a activity, the SUBRECIPIENT will evaluate the activity in accordance
with the guidelines that it adopts for this purpose and will not invest any more HOME funds in
combination with other Federal assistance than is necessary to provide affordable housing;
(B) The SUBRECIPIENT will only utilize HOME funds to pay for eligible activities and costs of those
activities permitted in 24 CFR 92.205 through 92.209 and not specifically prohibited under 92.214.
(C) The SUBRECIPIENT understands tenant-based rental assistance is an element of the Consolidated
Plan. However, tenant-based rental assistance must be approved as part of an original application for
project funding.
(D) The submission of the program description is authorized under State and local law (as applicable), and
that the SUBRECIP1ENT possesses the legal authority to carry out the Home Investment Partnership
(HOME) Program, in accordance with the HOME regulations;
(E) The SUBRECIPIENT will comply with the acquisition and relocation requirements of the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, implementing
regulations and the requirements of 24 CFR 92.353;
(F) The SUBRECIPIENT will use HOME funds pursuant to its Consolidated Plan(s) approved by the U.S.
Department of Housing and Urban Development HUD and all requirements of 24 CFR Part 92;
(G) The SUBRECIPIENT will provide a drug-free workplace by:
1. Publishing a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace
and specifying the actions that will be taken against employees for violation of such prohibition;
2. Establishing an ongoing drug-free awareness program to inform employees about:
(a) The dangers of drug abuse in the workplace;
(b) The participating jurisdiction'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 will:
(a) Abide by the terms of the statement; and
(b) Notify the employee in writing of his or her conviction for a violation of a criminal drug
statute occurring in the workplace no later than five calendar days after such conviction;
5. Notifying the County in writing, within ten calendar days after receiving notice under paragraph
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
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Maricopa County Human Services Department

111111•1
Section II Special Provisions
agency has designated a central point for the receipt of such notices. Notice shall include the
identification number(s) of each affected grant;
6. Taking one of the following actions, within 30 calendar days of receiving notice under paragraph
4(b), with respect to any employee who is so convicted
(a) Taking appropriate personnel action against such an employee, up to and including
termination, consistent with the requirements of the Rehabilitation Act of 1973, as
amended; or
(b) Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a Federal State, or local health, law
enforcement, or other appropriate agency.
7. Making a good faith effort to continue to maintain a drug-free workplace through
implementation of paragraphs 1, 2, 3, 4, 5, and 6.
(H) To the best of its knowledge and belief:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the County, to
any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or modification
of any Federal grant, loan, or cooperative agreement;
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal grant, loan, or cooperative agreement, the SUBRECIPIENT will
complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with
its instructions; and
3. The SUBRECIPIENT will require that the language of paragraph (F) of this certification be
included in the award documents for all subawards at all tiers (including subcontracts,
subgrants, and agreements under grants, loans, and cooperative agreements) and that all
Vendors shall certify and disclose accordingly.
(I) The SUBRECIPIENT shall, upon proper notice or with knowledge obtained by itself or others, take any
and all proactive actions necessary, and provide any and all applicable remedies to address and
correct any act by itself, its employees, officials, successors, assigns, subreciplents, or vendors that
resulted in any wrongdoing (intentional or unintentional); misuse or misappropriation of funds; the
incorrect or improper disposition of funds; any violation of any federal, state, or local law, rule, or
regulatiowlor the breach of any certification or warranty provided in this Agreement.
cod,. (.211(1Pf-
Signature (SU BRECIPI ENT Representative) Date
5haroo co-H-
Printed/Typed Name Title
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Maricopa County Human Services Department

Section II Special Provisions
JURISDICTION CERTIFICATION
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 CDBG or HOME
programs.
Drug Free Workplace -- It shall or shall continue to provide a drug-free workplace by:
1. Publishing a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace
and specifying the actions that shall be taken against employees for violation of such prohibition;
2. Establishing an ongoing drug-free awareness program to inform employees about -
(a) The dangers of drug abuse in the workplace;
(b) The grantee's policy of maintaining a drug-free workplace;
(c) Any available drug counseling, rehabilitation, and employee assistance programs; and
(d) The penalties that may be imposed upon employees for drug abuse violations occurring in
the workplace;
3. Making it a requirement that each employee to be engaged in the performance of the grant be
given a copy of the statement required by paragraph 1;
4. Notifying the employee in the statement required by paragraph 1 that, as a condition of
employment under the grant, the employee shall -
(a) Abide by the terms of the statement; and
(b) Notify the employer in writing of his or her conviction for a violation of a criminal drug •
statute occurring in the workplace no later than five calendar days after such conviction;
5. Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph
4(b) from an employee or otherwise receiving actual notice of such conviction. Employers of
convicted employees must provide notice, including position title, to every grant officer or other
designee on whose grant activity the convicted employee was working, unless the Federal agency
has designated a central point for the receipt of such notices. Notice shall include the identification
number(s) of each affected grant;
6. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph
4(b), with respect to any employee who is so convicted -
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Maricopa County Human Services Department

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-La, "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
imnlerronting regulations at 24 CFR Part 135.
Signature/Authorized City,Official
kat-1 W01. e Ott-
Printed/Typed Name
0—e1 0 t./CpFi'Se_
City Name
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Maricopa County Human Services Department

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.
Drug-Free Workplace Certification
1. By signing and/or submitting this application or grant agreement, the grantee is providing the
certification.
2. The certification is a material representation of fact upon which reliance is placed when the agency
awards the grant. If it is later determined that the grantee knowingly rendered a false certification, or
otherwise violates the requirements of the Drug-Free Workplace Act, HUD, in addition to any other
remedies available to the Federal Government, may take action authorized under the Drug-Free
Workplace Act.
3. Workplaces under grants, for grantees other than individuals, need not be identified on the
certification. If known, they may be identified in the grant application. If the grantee does not identify
the workplaces at the time of application, or upon award, if there is no application, the grantee must
keep the identity of the workplace(s) on file in its office and make the information available for Federal
inspection. Failure to identify all known workplaces constitutes a violation of the grantee's drug-free
workplace requirements.
4. Workplace identifications must include the actual address of buildings (or parts of buildings) 7 or other
sites where work under the grant takes place. Categorical descriptions may be used (e.g., all vehicles
of a mass transit authority or State highway department while in operation, State employees in each
local unemployment office, performers in concert halls or radio stations).
5. If the workplace identified to the agency changes during the performance of the grant, the grantee
shall inform the agency of the change(s), if it previously identified the workplaces in question (see
paragraph three).
6. The grantee may insert in the space provided below the site(s) for the performance of work done in
connection with the specific grant:
Place of Performance (Street address, city, county, state, zip code)
Check if there are workplaces on file that are not identified here.
The certification with regard to the drug free-workplace is required by 24 CFR Part 24, subpart F.
Marieopa County Human Services Department

- 11I11.11=
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 o 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: (i) All "direct charge" employees; (ii) all "indirect charge" employees unless their impact
or involvement is insignificant to the performance of the grant; and (iii) temporary personnel and
consultants who are directly engaged in the performance of work under the grant and who are on the
grantee's payroll. This definition does not include workers not on the payroll of the grantee (e.g.,
volunteers, even if used to meet a matching requirement; consultants or independent subrecipients not
on the grantee's payroll; or employees of SUBRECIPIENTs or vendors in covered workplaces).
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Section II Special Provisions
ATTACHMENT A
Maricopa County Human Services Department
HB2008 Working Procedures
January 2010
The Arizona State Legislature passed HB2008 (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 Maricopa County and its subcontracted entities are required to report "discovered
violations" of federal immigration law.
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/TANF (STCS/TANF)
• Low Income Home Energy Assistance Program (LIHEAP) (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 (ESGP)
• 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 Immigration Authorities
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Maricopa County Human Services Department

Section II II Special Provisions
It is very important that all employees and vendors strictly follow this policy in all cases. HB2008 (ARS § 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 vendor 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 § 1-501and § 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 § 1-501
and § 1-502) specifically, the following fund sources:
• Neighbors Helping Neighbors (NHN)
• Short Term Crisis Services/TANF (STCS/TANF)
• Low Income Home Energy Assistance Program (LI HEAP) (including weatherization)
• Department of Energy (DOE)
• Housing and Urban Development (HUD) Emergency Shelter Grant Program (ESGP)
• Housing and Urban Development (HUD) 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):
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.
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Maricopa County Human Services Department

SECTION III WORK STATEMENT
SECTION III
WORK STATEMENT
Contract # C-22-
Maricopa County
Human Services
Maricopa County Human Services Department Page 38

SECTION III WORK STA i EMENT
MARICOPA COUNTY
HOME Investment Partnership Program
FY 2013-2014
Date 10/16/13 DUNS # 021648936
City of Surprise
2013-2014
Owner Occupied Housing Rehabilitation (Complete a Section III Work Statement for each housing
activity)
Choose Single Family
Describe the Scope of Work:
Owner-occupied single family housing rehabilitation of clients at or below 80% median income.
Rehabilitation will include replacement of mechanical, electrical and plumbing systems in order to bring
home up to current building codes.
Consolidated Plan — Describe goals to be addressed:
Improvement and reinvestment in current housing stock within the city of Surprise.
Describe special program or development requirements, environmental, technical or legal
obstacles that must be resolved to implement this activity?
Increase collaboration between lead agency and grantor in order to assure timely project implementation.
Priority rated in the Consolidated Plan:
17 High r Medium r Low
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Maricopa County Human Services Department

SECTION III WORK STATEMENT
A. OBJECTIVES AND OUTCOMES (Check appropriate box below.)
OUTCOMES
OBJECTIVE AVAILABILITY/
ACCESSIBILITY AFFORDABILITY SUSTAINABILITY
I-
P" Homebuyet Activities,
Acq/Rebab if rental housing, !—
DECENT Single Family Housing Acq/New Construction of Housing Activities in a
HOUSING Rehab and Emerg. rental housing, Preservation of targeted revitalintion
Rehab, Homebuyer existing public housing units area
Assistance and TBRA, Expansion of
assisted rental units in the
private marketplace
B. LOGIC MODEL: PERFORMANCE INDICATORS
OUTPUTS
INPUTS/RESOURCES ACTIVITIES PARTICIPATION OUTCOMES OBJECTIVES
Income qualified, 1-2 completed Reinvest in aging
HOME grant funding 1-2 rehabilitations owner-occupied rehabilitation / housing stock /
/ replacements homeowners replacement replacement of
projects that substandard
bring homes up housing
to city code
C. SITE INFORMATION
The municipality will waive any permit or building fees to facilitate this construction?
T Yes.170 No fl N/A This site is currently under control in the form of (check all that apply):
r Purchase Option r Lease r Purchase Contract
r Agreement to Lease/Lease Option
Will the project result in the demolition or change in use of any existing low-income housing units?
T Yes 17 No r N/A If yes explain:
Will this property contain temporary relocation? r- Yes Fi No If yes explain:
Will the property require lead based paint abatement? W yes 1.7 No If yes explain: If house built
prior to 1978 testing will occur.
D. PROPOSED BENEFICIARIES
Targeted Population by Number of Total Number Number of
Income Level Households of Units County Assisted
Units in. program
, (if rental)
Households at or below 50% 1 1
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Maricopa County Human Services Department

SECTION III WORK STATEMENT
Households at or below 60%
Households at or below 80% 1 1
TOTAL 2 2
Complete the table below only if the Activity will specifically set-aside units for a priority population. Set-
asides will be enforced through contract provisions.
Priority Populations No. of Units
Elderly
Physically Disabled
Other Priority
Populations:
E. PERFORMANCE REPORTING - GOALS:
Completion date: June 30, 2015
Must be completed within 24 months of contract execution
TIMELINE OF ACTIVITIES
MILESTONES START COMPLETION
DATE DATE
Client prequalification 6/30/13 10/30/13
Environmental Clearance 11/1/13 12/15/13
Preconstruction 1/15/14 2/15/14
Construction 2/17/14 2/17/15
An I change to the Timeline will need to be approved by the Maricopa ConV and be submitted to the Cony.
F. ACTIVITY FOLLOWUP AND LONG TERM COMMITMENT:
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Maricopa County Human Services Department

SECTION III WORK STATEMENT
Provide method for assuring activity will be used for the original purpose for the required time
period (inspections, maintenance, liens, years of affordability per HUD regulations etc.)
City will file a lien instrument outlining period of affordability in the forgivable loan agreement,
promissory note and deed of trust documents.
G. ACTIVITY BUDGET SUMMARY:
ACQUISITION TOTAL HOME Source #1 Source #2 MATCH
COST FUNDS
Land
Buildings
Closing Costs
Legal Fees
TOTAL
SITE & DEMOLITION
Site Work
Demolition
TOTAL
NEW CONSTRUCTION or REHAB
Construction Costs 117,975 29494
Builder Overhead
Builder Profit
General Requirements
Consultant/Specialist
Permits & Fees
Construction Contingency
Sales Tax
Other
TOTAL
ARCHITECTURAL FEES
Design
Supervision
Other
TOTAL 117,975 29494
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Maricopa County Human Services Department

SECTION III WORK ST), EMENT
CONSTRUCTION INTEREST & FEES & LEGAL FEES
Construction Interest
Bond Premium
Title & recording
Insurance
Legal Fees
Other
TOTAL
ADMINISTRATION COSTS
Program Delivery
TOTAL
OTHER ,
Other-Itemize
H. SOURCE AND AMOUNT OF OTHER RESOURCES:
(Attach documentation
VOLUNTEER/
CASH IN-KIND
FUNDING AGENCY AMOUNT AMOUNT
TOTALS
I. ACTIVITY MATCH BY SOURCE:
IDENTIFY MATCH SOURCES AND AMOUNTS THAT HAVE BEEN COMMT1 1ED.
(Match commitment must equal 25% of the HOME funds requested. Documentation due at the time of
request for payment(s). Submit Match Los annually by Tune 30th of each year.)
FUNDING MATCH *CASH VOLUNTEER/
AGENCY TYPE MATCH IN-KIND AMOUNT TOTAL
City of Surprise Cash 29494 29494
TOTALS 29494 29494
* Total Match reported here must equal Total Match on the Budget Summary.
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Marieopa County Human Services Department

SECTION III WORK STATEMENT
J. PROGRAM INCOME:
PROGRAM INCOME: r will N7 Will not be generated with this activity
_ Submit Program Income log monthly
Program Income will be used for: Program Income is not expected, but if received will be reinvel
A. COST OVERRUNS
Cost overruns will be handled by: Scaling back onproject if stillviable or utilize CDBG funds.
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Maricopa County Human Services Department

SECTION IV COMPENSATION
SECTION IV
COMPENSATION
Contract # C-22-
Maricopa County
Human Services
Maricopa County Human Services Department Page 45

SECTION IV COMPENSATION
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 utilizing the approved
Reimbursement Request Form (Attachment B) 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
appropriate documentation. Reimbursement by County is not to be construed as final in the event
that HUD disallows reimbursement for the Program or any portion thereof.
C. REIMBURSEMENT
The County shall provide financial assistance in an amount up to One Hundred Seventeen Thousand
Nine Hundred Seventy-Five _dollars ($117,975.00) subject to the terms of this Agreement and
availability of funds. This Agreement price constitutes the County entire participation and obligation
in the performance and completion of all work to be performed under this Agreement.
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.
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• Maricopa County Human Services Department

NOTIVSNH lualugo-elly H
0.11311 1A0S11118 IN3 nlom is3 INHOJ
011-IER FUNDING
117,975.D0 PROGRAM INCOME
$
USE ONLY EXPENDED, BALANCE HOME FUNDING
VICH&D OTHER FY
FOR 117,975_00 il7,975_03 APPUED
5 5 MATCH
CATiON BALANCE
ALL° ENCUMBRANCE ELALANCE
CM
INVOICE MCHSD
2015 ITHIS TO
June PRIOR NVO7CES
DEP.ARTMENTr PROGRAM DEADUNE OF I
1SUM
SERVICES PARTNERSHIPS Plaza $117,975.00 BUDGET ACRVITY BUDGET
HUMAN Center 85374 Rehab (2) EXPENDITURE PROJECT $L17,975
INVESTMENT Surprise Civic AZ e-Family 2014 TOTALS
COUNTY City of N. Surprise, July
MIARICOPA 1-10IVIE BFJR, Singl DEADUNE
Date; MEM Address: City/Zip: GOAL: ACTIVITY Rehab
Invoice CM YEAR PLISMENTS: 2013/2014
ONSORTIUM FISCAL ACCOM DicuritrottANCE PROJECT !VS* Single-Family
FY