NEWTOWN CDC CHDO AND CITY OF TEMPE .PDF

GRANT AGREEMENT
FOR SERVICES BETWEEN
MARICOPA COUNTY
ADMINISTERED BY ITS
HUMAN SERVICES DEPARTMENT
AND
NEWTOWN COMMUNITY DEVELOPMENT CORPORATION
A COMMUNITY HOUSING DEVELOPMENT ORGANIZATION (CHDO)
AND
THE CITY OF TEMPE
Contract Amount: $460,000
Contract Start Date: March 1, 2015
Contract Termination Date: Contract Term 24 months from the date fully executed
Contract Number: C-22-15-060-3-00
Program Number: CHDO
CFDA Number: 14.239, HOME Investment Partnerships Program
This Agreement is entered into by and between the Newtown Community Development Corporation
(Newtown CDC) (hereinafter referred to as the “Community Housing Development Organization (CHDO)
Developer”), City of Tempe (referred to as, Administrator) and Maricopa County, administered by its Human
Services Department, (hereinafter referred to as the “Lead Agency” and/or “COUNTY”). The CHDO,
COUNTY and the ADMINISTRATOR are collectively referred to herein as the “Parties” and individually as
a “Party.”
COUNTY shall provide financial reimbursement in a contract amount up to Four Hundred and Sixty
Thousand dollars ($460,000) subject to the terms of this Grant Agreement (Agreement) and availability of
funds. This Agreement amount constitutes the COUNTY’S entire participation and obligation in the
performance and completion of all work to be performed under this Agreement.
The CHDO for and in consideration of the covenants and conditions set forth in this Agreement, shall
provide and perform the services set forth herein. All rights and obligations of the Parties shall be governed
by the terms of this Agreement, its exhibits, attachments, and appendices, including any Subcontracts,
Amendments, or Change orders as set forth herein and in:
Section I – General Provisions – Contain uniform administrative requirements applicable to the
Parties participating in the HOME Investment Partnerships (HOME) Program, which include, but
are not limited to, definitions; non-discrimination and equal opportunity requirements; disclosure and
retention requirements; and debarment, suspension, or ineligibility exclusions.
Section II – Special Provisions – Provides specific programmatic requirements upon the CHDO that
are established by the HOME Program and applicable HUD regulations. This includes, but is not
limited to, disposition of project proceeds; financial record management; reporting requirements; and
CHDO certifications.
Section III – Work Statement – The section contains, but is not limited to, a narrative of the project;
a list of the tasks to be performed; established goals; performance measures; scheduling; budget;
planned expenditures of income.
Section IV – Compensation – Contains provisions relating to compensation for CHDO, method of
payment, terms of reimbursement, conditions-prior to the release of funds.
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LEAD AGENCY - COUNTY
Maricopa County
Representative: Amy Jacobson, Assistant Director Community Development
Phone: 602-372-1528
E-mail: jacobsona@mail.maricopa.gov
Address: 234 N. Central Avenue, Third Floor, Phoenix, AZ 85004
ADMINISTRATOR
City of Tempe
Representative: Craig Hittie, Interim Housing Manager
Phone: 480-350-8960
E-mail: criag_hittie@tempe.gov
Address: PO Box 5002, Tempe AZ 85280
CHDO
Newtown Community Development Corporation
Representative: Allen L Carlson , Executive Director
Phone: 480-517-1589
E-mail: allen@newtowncdc.org
Address: 511 W University Drive #4, Tempe, AZ 85281
Notice under this Agreement shall be given by personal delivery or by registered or certified mail, postage
prepaid and return receipt requested, to the persons at the addresses set forth above and shall be effective
three (3) days after being mailed, unless otherwise indicated in the notice.
This Agreement contains all the terms and conditions agreed to by the Parties. No other understanding, oral
or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any Party
hereto. Nothing in this Agreement shall be construed as consent to any lawsuit or waiver of any defense in a
lawsuit brought against the State of Arizona, COUNTY, or the CHDO in any State or federal court.
IN WITNESS THEREOF, the Parties have signed this Agreement:
Approved By: Approved By:
MARICOPA COUNTY (LEAD AGENCY) CITY OF TEMPE (ADMINISTRATOR)
Chairman, Board of Supervisors Date Mayor Date
Attested to:
Attested to:
City Clerk Date
Clerk, Board of Supervisors Date
Approved By:
NEWTOWN COMMUNITY DEVELOPMENT
CORPORATION (CHDO)
Allen Carlson Date
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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 THE CITY
ATTORNEY WHO HAVE DETERMINED THAT THIS AGREEMENT IS PROPER IN FORM AND
WITHIN THE POWER AND AUTHORITY GRANTED UNDER THE LAWS OF THE STATE OF
ARIZONA.
APPROVED AS TO FORM: APPROVED AS TO FORM:
Maricopa County Deputy County Attorney Date City Attorney Date
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SECTION I
GENERAL PROVISIONS
MARICOPA COUNTY HUMAN SERVICES DEPARTMENT
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Section I General Provisions
A. EFFECT
To the extent that the Special Provisions are in conflict with the General Provisions, the Special
Provisions shall control. To the extent that the Work Statement and the Special or General Provisions
are in conflict, the Work Statement shall control. To the extent that the Compensation Provisions are
in conflict with the General Provisions, Special Provisions or Work Statement, the Compensation
Provisions shall control. Nothing herein shall operate to increase the Operating Budget without a
written amendment thereto.
B. DEFINITIONS
As used throughout this Agreement, the following terms shall have the following meanings:
1. Administrator means the City/Town listed on the Cover Page of this Agreement
responsible for administering the Agreement.
2. Agreement means this Contract for Services, which includes the General Provision, Special
Provisions, Work Statement, Compensation, and all applicable attachments, exhibits, appendix,
and any laws, rules, or regulations incorporated by reference
3. Assistant Director means the Director of a specific Division within the Human Services
Department.
4. Board of Supervisors means the Maricopa County Board of Supervisors.
5. CHDO is a community housing development organization, a private non-profit organization
that meets organization that meets the requirements under 24 CFR part 92.300 listed on the
Cover Page of this Agreement.
6. CHDO Project Proceeds means funds resulting from the sale of CHDO-developed
homeownership housing; permanent financing of a CHDO project that is used to pay off a
CHDO-financed construction loan; the principal and interest payments from a loan to a buyer
of CHDO-developed homeownership housing; or sale of CHDO-sponsored rental housing to
a second non-profit. For purposes of this contract, CHDO may retain project proceeds for
acquisition and/or rehabilitation of other HOME eligible activities.
7. Commitment means an executed legally binding written agreement with to use specific
amount of HOME funds to produce affordable housing, provide down-payment assistance or
tenant based rental. An agreement between the representative unit and a member unit of
general local government of the Consortium does not constitute a commitment as described in
24 CFR Part 92.2(1) and (2).
8. County means Maricopa County, the Lead Agency under this Agreement.
9. Department means the Maricopa County Human Services Department Community
Development Division.
10. Director means the Director of the Maricopa County Human Services Department.
11. Division means a section of the Human Services Department Community Development
Division.
12. Fidelity Bond means a bond to indemnify the CHDO against losses resulting from fraud or
lack of integrity, honesty or fidelity of one or more employees, officers or other persons
holding a position of trust.
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 CHDO's
obligations under this Agreement.
15. Projects means rehabilitation or new construction as described in a legally binding agreement
between the CHDO and the prospective owners or beneficiaries of the HOME funds for
which all necessary financing has been secured and budgeted and for which an acquisition,
construction and/or rehabilitation schedule has been established, and underwriting has been
completed and otherwise complies with CFR Part 92.2(2) and 92.2 (A) and (B).
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Section I General Provisions
16. Project Coordinator means the liaison between the Department and the CHDO that is
responsible for contract monitoring and technical assistance.
17. Public Agency has the meaning prescribed by A.R.S. § 11-951.
18. Subcontract means any contract entered into by the CHDO with a third party for
performance of any of the work or provision of any of the services covered by this Agreement.
19. Subcontractor means an entity funded through the CHDO to provide any work or services
required by the Work Statement.
20. Vendor means an entity funded through the CHDO to provide services required by the Work
Statement.
21. 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 City of Tempe is a member of the Maricopa Home Consortium and a signatory to the
Maricopa County Home Consortium Intergovernmental Agreement dated June 30, 2005,
renewed in June 11, 2014 (C-22-14-072-G-00). (“Consortium IGA”) As a Consortium
member Tempe has agreed inter alia, to serve as Administrator of all activities funded within
its jurisdiction. Tempe affirms its obligation to serve as Administrator of this agreement and
to perform the duties more fully set forth in the Consortium IGA, including without
limitation, those duties set forth in paragraph 17 of the Consortium IGA relating to CHDO
agreements.
3. The CHDO shall, without limitation, obtain and maintain all licenses, permits, and authority
necessary to do business, render services, and perform work under this Agreement, and shall
comply with all laws regarding unemployment insurance, disability insurance, and workers’
compensation.
4. The CHDO is an independent in the performance of work and the provision of services under
this Agreement and shall comply with all laws regarding unemployment insurance, disability
insurance and worker's compensation.
5. CHDO shall comply with the regulations prohibiting a conflict of interest, and not make any
payments, either directly or indirectly, to any person, partnership, corporation, trust or other
organization that has a substantial interest in CHDO's organization or with which CHDO (or
one of its directors, officers, owners, trust certificate holders or a relative thereof) has a
substantial interest, unless CHDO has made full written disclosure of the proposed payments
to the 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
CHDO hereby accepts the award of funds under the terms of this Agreement and agrees to execute
and return this Agreement to the COUNTY within 30 days of receipt unless CHDO received a written
waiver of this requirement by the COUNTY.
E. AMENDMENTS
All amendments to this Agreement shall be in writing, signed by authorized signers for the Parties, and
be requested to the COUNTY no later than six (6) months prior to contract expiration.
F. ASSIGNMENT AND SUBCONTRACTING
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Section I General Provisions
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.
The CHDO 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 CHDO, 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 CHDO fully informed as to the availability of funds.
2. If any action is taken by any State agency, federal department, or any other agency or
instrumentality to suspend, decrease, or terminate its fiscal obligation under, or in connection
with this Agreement, the Board of Supervisors may amend, suspend, decrease, or terminate its
obligations under or in connection with this Agreement. In the event of termination, the
COUNTY shall be liable for payment only for services rendered prior to the effective date of
the termination, provided that such services performed are in accordance with the provisions
of this Agreement. The 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
CHDO must receive prior written approval from the COUNTY to move funds from one Budget
Activity Line Item to another. Budget adjustments that do not change the Contract Amount may be
documented by an Amendment signed by the Director and the CHDO’s Representative and the City of
Tempe. If the COUNTY agrees to the budget adjustments that increase the Contract Amount, the
COUNTY shall follow section E of this Agreement to amend this Agreement. Any requests for
reasonable budget adjustments must be submitted six (6) months prior to the expiration of this
Agreement. Requests for adjustments to this Agreement must be supported by appropriate
documentation. The CHDO shall not retain any funds drawn down in excess of immediate cash
needs (to be used within 15 days of draw down) to cover subsequent requests for reimbursement,
and must return them to the COUNTY within 30 days of receipt. The CHDO must also return to
the COUNTY any interest that is earned on these funds that are drawn down and not expended for
eligible costs within 15 days of draw down.
I. DISPUTES
1. Except as may otherwise be provided for in this Agreement, any dispute arising out of this
Agreement that is not resolved between the Parties within a reasonable period of time, which
shall not exceed one hundred twenty (120) days, shall be submitted in accordance with the
following dispute resolution process.
2. Disputes must be in writing and filed with the Assistant Director within ten (10) working days
from the date the CHDO knew or should have known of the basis of the dispute. The
Assistant Director, as applicable, shall respond in writing to the CHDO within fourteen (14)
working days. The decision of the Assistant Director shall be final and conclusive unless,
within seven (7) working days from the date the CHDO receives the decision, CHDO files a
written notice of appeal with the Director of the Department or the Director of Materials
Management Department of Maricopa COUNTY, who shall provide the CHDO with a
written response within fourteen (14) working days following receipt of the CHDO’s notice of
appeal. The decision of the Director shall be final.
3. Pending a final decision of the Director or the Director of the Materials Management
Department, the CHDO shall proceed diligently with the performance of this Agreement in
accordance with the Assistant Director’s decision.
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Section I General Provisions
J. DEFAULT AND REMEDIES FOR NONCOMPLIANCE
1. Notwithstanding anything to contrary, this Section shall not be deleted or superseded by any
other provision of this Agreement.
2. This Agreement may be immediately terminated by the COUNTY if the CHDO defaults by
failing to perform any objective or breaches any obligation under this Agreement, or any event
occurs that jeopardizes the CHDO’s ability to perform any of its obligations under this
Agreement. The COUNTY reserves the right to have service provided by persons other than
the CHDO if the CHDO is unable or fails to provide required services with the specified time
frame.
3. Failure to comply with the requirements of this Agreement and all the applicable federal,
state, or local laws, rules, and regulations may result in suspension or termination of this
Agreement, the return of unexpended funds (less just compensation for work satisfactorily
completed that, to date, has not been paid), the reimbursement of funds improperly
expended, or the recovery of funds improperly acquired. Noncompliance includes, but is not
limited to:
a. Nonperformance of any obligations required by this Agreement.
b. Noncompliance with any applicable federal, state, or local laws, rules or regulations,
including HUD guidelines, policies, or directives.
c. Unauthorized expenditure of funds.
d. Violation of the applicable affordability period.
e. Improper disposition of resale or recapture proceeds.
f. Improper disposition of CHDO proceeds.
g. Noncompliance with applicable financial record requirements, accounting principles, or
standards established by OMB circulars.
h. Noncompliance with recordkeeping, record retention, or reporting requirements.
4. Notwithstanding the suspension or termination of this Agreement, or the final
determination of the proper disposition of funds, CHDO shall, without intent to limit or
with restrictions, be subject to the following:
a. All awards of funding shall be immediately revoked, and any approvals related to the
project described in the Special Provision or Work Statement shall be deemed revoked
and canceled. Thereby, any entitlements to compensation after suspension or
termination of this Agreement are similarly revoked and unavailable.
b. Not be relieved of any liability or responsibility associated with the Special Provision or
Work Statement.
c. Acknowledge that suspension or termination of this Agreement does not affect or
terminate any rights against the CHDO at the time of suspension or termination, or that
may accrue later. Nothing herein shall be construed to limit or terminate any right or
remedy available under contract or rule.
d. Wavier of a breach or default of any term, covenant, or condition of this Agreement or
any federal, state, or local law, rule, or regulation shall not operate as a waiver of any
subsequent breach of the same or any other term, covenant, condition, law, rule, or
regulation.
K. 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 a return receipt requested. This Agreement
may be terminated by mutual written agreement of the Parties specifying the termination date
therein.
2. 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
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Section I General Provisions
the CHDO’s non-compliance jeopardizes funding source financial participation. If not
terminated by one of the above methods, this Agreement will terminate upon the expiration of
the term of this Agreement stated on Page One of this Agreement.
3. In accordance with 24 CFR § 85.43, the COUNTY may suspend or terminate this Agreement
if the CHDO violates any term or condition of this Agreement or if CHDO fails to maintain a
good faith effort to carry out the purpose of this Agreement.
4. COUNTY or CHDO may terminate this Agreement for convenience in accordance with 24
CFR § 85.44. The 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 CHDO’s performance that is not in strict compliance with the terms
of this Agreement shall not be deemed to waive the requirements of strict compliance for all future
performance. All changes in performance obligations under this Agreement shall be in writing and
signed by the Parties.
N. NON-LIABILITY
The COUNTY, its officers, representatives, agents and employees shall not be liable for any act or
omission by the CHDO or Vendor or any officer, representative, agent or employee of the CHDO or
Vendor occurring in the performance of this Agreement, nor shall these entities be liable for purchases
or contracts made by the CHDO, Vendor or any officer, representative, agent and employee of CHDO
or Vendor, in connection with this Agreement.
O. INDEMNIFICATION
To the fullest extent permitted by law, and except for the willful misconduct of COUNTY, CHDO
shall defend, hold harmless and indemnify COUNTY and all of its officers, employees, agents, and
volunteers from and against any and all damages, claims, losses, liabilities, actions or expenses
(including, but not limited to attorneys’ fees, expert witness fees, court costs, and attorneys’ fees and
costs of appellate proceedings) (collectively “Claims”) relating to, arising out of or alleged to have
resulted from this Agreement. The CHDO’S duty to defend, hold harmless and indemnify County
pursuant to this section shall arise in connection with any claim, damage, loss or expense that is
attributable or alleged to be attributable to bodily injury, sickness, disease, including death, or to
injury to, impairment, or destruction of property, including but not limited to personal property
belonging to CHDO and CHDO’S employees, arising from or related to this Agreement, including
claims resulting in whole or in part from the acts, errors, mistakes, omissions, work or services of
the CHDO or anyone for whose acts the CHDO may be legally liable. The amount and type of
insurance coverage requirements set forth herein will in no way be construed as limiting the scope of
the indemnity in this paragraph. The scope of this indemnification does not extend to the sole
negligence of County. The CHDO will be responsible for primary loss investigation and defense and
judgment costs where this Indemnification applies. CHDO’S obligations under this section shall
survive the expiration or earlier termination of this Agreement. The amount and type of insurance
coverage requirements set forth herein will in no way be construed as limiting the scope of the
indemnity in this paragraph.
P. TECHNICAL ASSISTANCE
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Section I General Provisions
The Department shall provide reasonable technical assistance to the CHDO to assist in complying with
State and federal laws, regulations, and accountability for diligent performance and compliance with the
terms and conditions of this Agreement and all applicable laws, regulations, and standards. However,
this assistance in no way relieves the CHDO of full responsibility and accountability for its actions and
performance in compliance with the terms of this Agreement.
Q. SINGLE AUDIT ACT REQUIREMENTS
CHDOs’ in receipt of federal funds through the Department are subject to the federal audit
requirements of the Single Audit Act of 1984, as amended (Pub. L. No. 98-502) (codified at 31 U.S.C.
§§ 7501, et seq.). The CHDO shall comply with OMB Circular A-133, and A-122, as applicable, and 24
CFR Parts 44, 84, 85, 92 and 570 as applicable. Upon completion, such audits shall be made available
for public inspection. Audits shall be submitted within the twelve (12) months following the close of
the fiscal year. The CHDO shall take corrective actions within six (6) months of the date of receipt of
the reports. The Department shall consider sanctions as described in OMB Circular A-133 for the
CHDOs not in compliance with the audit requirements.
R. AUDIT DISALLOWANCES
1. The CHDO shall, upon written notice thereof, reimburse the COUNTY for any payments
made under this Agreement that are disallowed by a federal, State or COUNTY audit in the
amount of the disallowance, as well as court costs and attorney’s fees the COUNTY spends to
pursue legal action relating to a disallowance. Court costs and attorney’s fees incurred will be
specifically identified as applicable to the recovery of the disallowed costs in question.
2. If the COUNTY determines that a cost for which payment has been made is a disallowed cost,
the Department will notify the CHDO 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 CHDO by the amount of the disallowance or to require immediate
repayment of the disallowed amount by the CHDO issuing a check payable to the COUNTY.
S. STAFF AND VOLUNTEER TRAINING
The Department may make available to the CHDO 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 CHDO agrees to comply with all
regulations, standards, and orders issued pursuant to the Clean Air Act of 1970, as amended (42 U.S.C.
§§ 7401, et seq.), to the extent any are applicable by reason of performance of this Agreement.
U. LOBBYING
1. No federal appropriated funds have been paid or will be paid by or on behalf of the CHDO to
any person for influencing or attempting to influence an officer or employee of any agency, a
member of Congress, an officer or employee of Congress, or an employee of a member of
Congress in connection with the awarding of any federal contract, the making of any federal
grant, the making of any federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any federal contract, grant,
loan, or cooperative agreement.
2. If any funds, other than federal appropriated funds, have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
member of Congress, an officer or employee of Congress, or an employee of a member of
Congress in connection with any federal contract, grant, loan or cooperative agreement, the
CHDO shall complete and submit OMB Form-LLL, titled "Disclosure of Lobbying
Activities," in accordance with its instructions and 31 U.S.C. § 1352.
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V. RELIGIOUS ACTIVITIES
The CHDO agrees that none of its costs and none of the costs incurred by any Vendor will include any
expense for any religious activity.
W. POLITICAL ACTIVITY PROHIBITED
None of the funds, materials, property, or services contributed by the COUNTY or the CHDO under
this Agreement shall be used for any partisan political activity, or to further the election or defeat of any
candidate for public office.
X. COVENANT AGAINST CONTINGENT FEES
The CHDO warrants that no person or entity has been employed or retained to solicit or secure this
Agreement upon an agreement or understanding for a commission, percentage, brokerage or
contingent fee. For breach or violation of this warranty, the COUNTY may immediately terminate this
Agreement without liability.
Y. SAFEGUARDING OF PARTICIPANT INFORMATION
The use or disclosure by any Party of any information concerning an applicant for, or recipient of,
services under this Agreement is directly limited to the conduct of this Agreement. The CHDO and its
agents shall safeguard the confidentiality of this information, just as the CHDO would safeguard their
own confidential information. The CHDO shall include a clause to this effect in all Subcontracts.
Z. RIGHTS IN DATA
The Parties shall have the use of data and reports resulting from this Agreement without cost or other
restriction, except as otherwise provided by law or applicable regulation. Each Party shall supply to the
other Party, upon request, any available information that is relevant to this Agreement and to the
performance hereunder.
AA. COPYRIGHTS
If this Agreement results in a book or other written material, the author is free to copyright the work,
but the COUNTY reserves a royalty-free, nonexclusive, perpetual and irrevocable license to reproduce,
publish, use, and to authorize others to use all copyrighted material and all material that can be
copyrighted as a result of this Agreement.
BB. PATENTS
Any discovery or invention arising out of, or developed in the course of, work aided by this Agreement
shall be promptly and fully reported to the 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 shall monitor the CHDO’s compliance with, and performance under, the terms and
conditions of this Agreement and the applicable federal regulations promulgated by HUD. On-site
visits for compliance monitoring may be made by the Department at any time during the CHDO’s
normal business hours, announced or unannounced. During an on-site visit, the CHDO shall make all
of its records and accounts related to work performed and services provided under this Agreement
available to the Department for inspection and copying.
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DD. CONTINGENCY RELATING TO OTHER CONTRACTS AND GRANTS
1. The CHDO shall, during the term of this Agreement, immediately inform the COUNTY in
writing of the award of any other agreement or grant, including any other agreement or grant
awarded by the COUNTY, where the award may affect either the direct or indirect costs being
paid or reimbursed under this Agreement. Failure by the CHDO to notify the 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 CHDO will provide within a reasonable
time, which shall not exceed ten (10) working days, a copy of such other agreement or grant,
when in the opinion of 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 CHDO 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 CHDO disputes the proposed cost adjustment, the dispute shall be
resolved pursuant to the "Disputes" section contained herein.
EE. MINIMUM WAGE REQUIREMENTS
The CHDO warrants that it shall pay all its employees who are performing work or providing services
under this Agreement not less than the minimum wage specified under Section 206(a)(1) of the Fair
Labor Standards Act of 1938, as amended (29 U.S.C. §§ 201, et seq.), by law, regulation and Executive
Order 13658, as applicable.
FF. RECOGNITION OF DEPARTMENT SUPPORT
The CHDO will give recognition to the Department, the COUNTY and the funding source for its
support when the CHDO publishes materials or releases public information that is paid for in whole or
in part with funds received by the CHDO under this Agreement.
GG. INSURANCE
CHDO, at CHDO’s own expense shall purchase and maintain the herein stipulated minimum
insurance from a company or companies duly licensed by the State of Arizona and possessing a
current A.M. Best, Inc. rating of A+. In lieu of State of Arizona licensing, the stipulated
insurance m a y be purchased from a company or companies, which are authorized to do
business in the State of Arizona, provided that said insurance companies meet the approval of
COUNTY. The form of any insurance policies and forms must be acceptable to COUNTY.
CHDO shall have in effect at all times during the term of this Agreement insurance that is adequate to
protect the COUNTY, its officers and employees, participants, and equipment funded under this
Agreement against the losses set forth below. CHDO shall name the COUNTY as an additional
insured party. CHDO 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.
CHDO’s insurance shall be primary insurance as respects COUNTY, and any insurance or self-
insurance maintained by COUNTY shall not contribute to it.
Any failure to comply with the claim reporting provisions of the insurance policies or any breach
of an insurance policy warranty shall not affect the COUNTY’s right to coverage afforded under
the insurance policies.
The insurance policies may provide coverage that contains deductibles or self-insured retentions.
Such deductible and/or self-insured retentions shall not be applicable with respect to the
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coverage provided to COUNTY under such policies. CHDO shall be solely responsible for the
deductible and/or self-insured retention and COUNTY, at its option, may require CHDO to
secure payment of such deductibles or self-insured retentions by a surety bond or an irrevocable
and unconditional letter of credit.
COUNTY reserves the right to request and to receive, within 10 working days, certified copies
of any or all of the herein required insurance certificates. COUNTY shall not be obligated to
review policies and/or endorsements or to advise CHDO of any deficiencies in such policies
and endorsements, and such receipt shall not relieve CHDO from, or be deemed a waiver of
COUNTY’s right to insist on strict fulfillment of CHDO’s obligations under this Contract.
The insurance policies required by this Contract, except Workers’ Compensation, shall name
COUNTY, its agents, representatives, officers, directors, officials and employees as Additional
Insured’s.
The policies required hereunder, except Workers’ Compensation, shall contain a waiver of
transfer of rights of recovery (subrogation) against COUNTY, its agents, representatives,
officers, directors, officials and employees for any claims arising out of CHDO’s work or service.
1. Commercial General Liability:
Commercial General Liability insurance and, if necessary, Commercial Umbrella insurance
with a limit of not less than $1,000,000 for each occurrence, $2,000,000
Products/Completed Operations Aggregate, and $2,000,000 General Aggregate
Limit. The policy shall include coverage for bodily injury, broad form property damage,
personal injury, products and completed operations and blanket contractual coverage,
and shall not contain any provision which would serve to limit third party action over
claims. There shall be no endorsement or modification of the CGL limiting the scope of
coverage for liability arising from explosion, collapse, or underground property damage.
2. Automobile Liability:
Commercial/Business Automobile Liability insurance and, if necessary, Commercial
Umbrella insurance with a combined single limit for bodily injury and property
damage of not less than $2,000,000 each occurrence with respect to any of the CHDO’s
owned, hired, and non-owned vehicles assigned to or used in performance of the CHDO’s
work or services under this Contract.
3. Workers’ Compensation:
Workers’ Compensation insurance to cover obligations imposed by federal and state
statutes having jurisdiction of CHDO’s employees engaged in the performance of the
work or services under this Contract; and Employer’s Liability insurance of not less than
$1,000,000 for each accident, $1,000,000 disease for each employee, and $1,000,000
disease policy limit.
CHDO waives all rights against COUNTY and its agents, officers, directors and
employees for recovery of damages to the extent these damages are covered by the
Workers’ Compensation and Employer’s Liability or commercial umbrella liability
insurance obtained by CHDO pursuant to this Contract.
4. Certificates of Insurance
Prior to commencing work or services under this Contract, CHDO shall have insurance
in effect as required by the Contract in the form provided by the COUNTY, issued by
CHDO’s insurer(s), as evidence that policies providing the required coverage, conditions
and limits required by this Contract are in full force and effect. Such certificates shall
be made available to the COUNTY upon ten (10) business days. BY SIGNING THE
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Section I General Provisions
AGREEMENT PAGE THE CONTRACTOR AGREES TO THIS REQUIREMENT
AND FAILURE TO MEET THIS REQUIREMENT WILL RESULT IN
CANCELLATION OF CONTRACT.
In the event any insurance policy(ies) required by this contract is (are) written on a
“claims made” basis, coverage shall extend for two years past completion and
acceptance of CHDO’s work or services and as evidenced by annual Certificates of
Insurance.
If a policy does expire during the life of the Contract, a renewal certificate must be sent
to COUNTY fifteen (15) days prior to the expiration date.
5. Cancellation and Expiration Notice.
Insurance required herein shall not be permitted to expire, be canceled, or materially
changed without thirty (30) days prior written notice to the COUNTY.
6. If the CHDO provides professional or semi-professional personal services under this
agreement for which malpractice or professional liability coverage is available, such as medical,
psychiatric, or legal services, Contractor shall carry minimum liability coverage of $1,000,000
each occurrence and provide the Department with proof of coverage except for governmental
entities that are self-insured.
HH. BONDING
1. The CHDO shall not receive any initial reimbursements under this Agreement in an amount
greater than the CHDO's bonding limit. The CHDO shall provide the Contract Administrator
with documentation of required bonding.
2. The CHDO shall have fidelity bonding of not less than the maximum amount of cash on hand
or an amount equal to the initial reimbursement, whichever is greater.
3. Bonding requirements shall prevail throughout the term of this Agreement.
II. GRIEVANCE PROCEDURE
The CHDO shall each establish a system through which applicants for, and recipients of, services may
present grievances and may take appeals about eligibility and other aspects of the CHDO’s work under
this Agreement. The grievance procedure shall include provisions for notifying the applicants for, and
recipients of, services of their eligibility or ineligibility for service and their right to appeal to the
Department if the grievance is not satisfied at the CHDO’s level. This system shall include protest
procedures for decisions related to contract awards and requests for reasonable accommodations for
persons with disabilities.
JJ. NONDISCRIMINATION
The CHDO, in connection with any service or other activity under this Agreement, shall not in any
way, discriminate against any person on the grounds of race, color, religion, sex, national origin, age,
disability, political affiliation or belief. The CHDO shall include this clause in all of its Subcontracts.
KK. EQUAL EMPLOYMENT OPPORTUNITY
The CHDO shall not discriminate against any employee or applicant for employment because of race,
age, disability, color, religion, sex, or national origin. The shall each take affirmative action to insure
that applicants are employed and that employees are treated during employment without regard to their
race, age, disability, color, religion, sex, or national origin. Such action shall include, but is not limited
to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment
advertising, lay-off or termination, rates of pay or other forms of compensation, and selection for
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Section I General Provisions
training, including apprenticeship. The CHDO shall, to the extent such provisions apply, comply with
Title VI and VII of the Civil Rights Act of 1964, as amended (42 U.S.C. §§ 2000a, et seq.); the
Rehabilitation Act of 1973, as amended (29 U.S.C. §§ 701, et seq.); the Age Discrimination in
Employment Act of 1967, as amended (29 U.S.C. §§ 621, et seq.); the Americans With Disabilities Act of
1990 (42 U.S.C. §§ 12101, et seq.); and Arizona Executive Order 99-4, which mandates that all persons
shall have equal access to employment opportunities.
LL. FINANCIAL MANAGEMENT
The CHDO shall establish and maintain a separate, interest-bearing bank account for money provided
under this Agreement, or an accounting system that assures the safeguarding and accountability of all
money and assets provided under this Agreement. No part of the money deposited in the bank
account shall be commingled with other funds or money belonging to the CHDO. All interest earned
on the account shall be disposed of in a manner specified by the COUNTY in accordance with
applicable State and federal regulations. The CHDO shall provide a signed bank account agreement
authorizing the COUNTY to obtain information about the account. If an accounting system is used, it
shall be in accord with generally accepted accounting principles.
MM. RETENTION OF RECORDS
1. This provision applies to all financial and programmatic records, supporting document,
statistical records, and other records of the CHDO that are related to this Agreement.
2. The CHDO shall retain all records related to this Agreement for a minimum of six (6) years
after final payment or until after the resolution of any audit questions, which could be more
than six (6) years, whichever is longer, or for the period of affordability imposed by deed
restrictions. The 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 CHDO’s books, records and other documents related to this Agreement are not sufficient to
support and document that allowable services were provided to eligible participants, the CHDO shall
reimburse the COUNTY for the services not supported and documented.
OO. COMPETITIVE BID REQUIREMENTS
1. Equipment
The CHDO shall obtain all equipment to be utilized under this Agreement and purchased with
funds provided under this Agreement at the lowest practical cost pursuant to the following
competitive bidding system:
a. Procurements in excess of $300, but less than $1,000, require oral price quotations
from two or more vendors. The CHDO shall keep and maintain a record of the
vendors’ verbal quotations. The CHDO’s award shall be made to the lowest bidder
meeting specification requirements concerning price, conformity to specifications, and
other purchasing factors.
b. Procurements exceeding an aggregate amount of $1,000 shall be approved by the
Contract Administrator. At least three (3) bidders shall be solicited to submit written
quotations. The CHDO shall solicit written quotations by issuing a Request for
Quotation to at least three (3) vendors. The award shall be made to the lowest bidder
meeting specification requirements concerning price, conformity to specifications, and
other purchasing factors.
2. Supplies
The CHDO shall obtain all supplies to be utilized under this Agreement and purchased with
funds provided under this Agreement at the lowest practical cost and pursuant to a system of
written quotes whenever the price is expected to be greater than $300, unless the CHDO
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Section I General Provisions
obtains the Contract Authority’s prior written approval to purchase supplies by an alternate
method.
3. Minority, Women, and Small Business Enterprises
The CHDO shall take affirmative steps to provide an opportunity for minorities, women, and
small businesses to compete in the procurement of equipment and supplies under this
Agreement.
4. Funding source requirements relating to competitive bid procedures may supersede any or all
subparts of this clause and will be specified in the Special Provisions Section of this
Agreement.
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 shall revert to the COUNTY upon termination of this Agreement, unless the Contract
Administrator determines otherwise. The costs to repair such property are the responsibility of the
CHDO or the Administrator, as applicable, within the limits budgeted herein. Repair costs beyond the
budgeted amount shall be approved by the Contract Authority.
QQ. IMMIGRATION REFORM AND CONTROL COMPLIANCE
The CHDO understands and acknowledges the applicability of the Immigration Reform and Control
Act of 1986 (Pub. L. No. 99-603) (“IRCA”). The CHDO shall comply with the IRCA in performing
under this Agreement and shall grant the COUNTY access to inspect its personnel records to verify
such compliance.
RR. DRUG FREE WORKPLACE ACT
The CHDO agrees to comply with the Drug-Free Workplace Act of 1988 (41 U.S.C. §§ 701, et seq.),
which requires that the CHDO and grantees of federal funds must certify that they will provide drug-
free workplaces. This certification is a precondition to receiving a grant or entering into this
Agreement.
SS. GOVERNOR’S EXECUTIVE ORDER NO. 88-26
The CHDO 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. § 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 rights and obligations of the Parties shall be only those expressly set forth in this
Agreement.
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Section I General Provisions
The Parties agree that no individual performing under this Agreement on behalf the CHDO is to be
considered a COUNTY employee, and no rights of COUNTY civil service, COUNTY retirement, or
COUNTY personnel rules shall accrue to such individuals. The CHDO shall have total responsibility
for all its salaries, wages, bonuses, retirement, withholdings, workers’ compensation, occupational
disease compensation, unemployment compensation, other employee benefits, and all taxes and
premiums appurtenant thereto concerning such individuals and shall defend and hold the COUNTY
harmless with respect thereto.
VV. CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY AND
VOLUNTARY EXCLUSION
The undersigned, by signing and submitting this Agreement has the authority to certify the CHDO to
the terms, representations and/or warrants of this Certification. The CHDO, defined as the primary
participant in accordance with 45 CFR Part 76, certifies to the best of its knowledge and belief that it
and its principals:
1. are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any federal department or agency;
2. have not, within a 3-year period preceding this Agreement, been convicted of or had a civil
judgment rendered against them for the commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (federal, State, or
local) transaction or contract under a public transaction; violation of any federal or State
antitrust statutes, or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
3. are not presently indicted or otherwise criminally or civilly charged by a governmental entity
(federal, State, or local) with the commission of any of the offenses enumerated in
subparagraph (b) of this certification; and
4. have not, within a 3-year period preceding this Agreement, had one or more public
transactions (federal, State, or local) terminated for cause or default.
5. shall immediately notify the 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 any 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 CHDO shall include, without modification, this Certification’s language, titled “Certification
Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion – Lower Tier Covered
Transactions,” in all agreements with subgrantees and other contractors; in all lower tier covered
transactions, and in all solicitations for lower tier covered transactions in accordance with 45 CFR Part
76.
Should the CHDO not be able to provide this Certification, an explanation as to why shall be
immediately provided to the Department, Attention: Community Development Assistant Director, 234
N. Central Ave. Third Floor, Phoenix, AZ 85004.
WW. VERIFICATION REGARDING COMPLIANCE WITH ARIZONA REVISED STATUTES
§ 23-214 AND FEDERAL IMMIGRATION LAWS AND REGULATIONS
By entering into this Agreement, the CHDO represents and warrants compliance with the Immigration
and Nationality Act (8 U.S.C. §§ 1101, et seq.) and all other federal and State immigration laws and
regulations related to the immigration status of its employees. The CHDO 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
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Agreement. The CHDO 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 this Contract. I-9 forms are available
for download at USCIS.GOV.
The CHDO warrants that it is in compliance with A.R.S. § 41-4401 (e-verify requirements) and further
acknowledges:
1. That the CHDO and its Vendors, if any, warrant their compliance with all federal immigration
laws and regulations that relate to their employees and their compliance with A.R.S. § 23-214;
2. That a breach of a warranty under subparagraph 1 above shall be deemed a material breach of
this Agreement and the COUNTY may immediately terminate this Agreement without
liability;
3. That the COUNTY and any contracting government entity retains the legal right to inspect the
papers and employment records of CHDO or Vendors employee who works on this
Agreement to ensure that the CHDO or Vendors is complying with the warranty provided
under subsection 1 above and that the CHDO agrees to make all papers and employment
records of said employee(s) available during normal working hours in order to facilitate such an
inspection.
XX. CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO
INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS
1. The CHDO agrees that this Contract and employees working on this Contract will be
subject to the whistleblower rights and remedies in the pilot program on contractor
employee whistleblower protections established at 41 U.S.C. § 4712 by section 828 of the
National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112–239) and section
3.908 of the Federal Acquisition Regulation;
2. The CHDO shall inform its employees in writing, in the predominant language of the
workforce, of employee whistleblower rights and protections under 41 U.S.C. § 4712, as
described in section 3.908 of the Federal Acquisition Regulation. Documentation of such
employee notification must be kept on file by the CHDO and copies provided to COUNTY
upon request; and
3. The CHDO shall insert the substance of this clause, including this paragraph (3), in all
subcontracts over the simplified acquisition threshold ($150,000 as of September 2013).
YY. COMPLIANCE WITH REQUIREMENTS REGARDING ELIGIBILITY FOR PUBLIC
BENEFITS
The CHDO shall comply with State and other laws regarding eligibility for public benefits including
ARS § 1-501 and § 1-502 which states that public benefits shall only be provided to eligible
applicants who are citizens of the United States, or are Qualified Non-Citizens:
1. All applicants authorized to receive public benefits must provide documentation of their
lawful presence in the United States through a verification process.
2. All eligible applicants must also execute a sworn affidavit stating that the documentation
provided during the verification process to prove citizenship or qualified non-citizen is true.
3. The Affidavit Demonstrating Lawful Presence in the United States or similar form shall be
used to document compliance with requirements 1 and 2, above.
4. Employees of Maricopa County and its subcontracted entities are required to report
“discovered violations” of federal immigration law
5. Public benefits are defined in ARS 1-501 as any grant, contract, loan, professional license, or
commercial license provided by an agency of the United States or by appropriated funds of
the United States; and any retirement, welfare, health, disability, public or assisted housing,
postsecondary education, food assistance, unemployment benefit, or any other similar
benefit for which payments or assistance are provided to an individual, household, or family
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Section I General Provisions
eligibility unit by an agency of the United States or by appropriated funds of the United
States.
6. Programs, services, or assistance such as soup kitchens, crisis counseling and intervention,
and short-term shelter which meet the following conditions are exempt from ARS 1-501 and
1-502:
(i) deliver in-kind services at the community level, including through public or private
nonprofit agencies;
(ii) do not condition the provision of assistance, the amount of assistance provided, or the
cost of assistance provided on the individual recipient’s income or resources; and
(iii) are necessary for the protection of life or safety.
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SECTION II
SPECIAL PROVISIONS
MARICOPA COUNTY
HUMAN SERVICES
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Section II Special Provisions
A. EFFECT
To the extent that the Section II Special Provisions are in conflict with the Section I General
Provisions, the Special Provisions shall control. To the extent that the Work Statement is in conflict
with the General Provisions or the Special Provisions, then the Work Statement shall control. To the
extent that the Compensation Provisions are in conflict with the General Provisions, Special
Provisions or Work Statement then the Compensation Provisions shall control.
B. DEFINITIONS
As used throughout this Section as a supplement to the Definitions in Section I, the following terms
shall have the following meanings:
1. Admin Manual on CD means the Administrative Manual on Compact Disk produced by the
Community Development Division of the Human Services Department.
2. Administrator means the City or Town which is a member of the Maricopa HOME
Consortium that has been designated by the COUNTY to administer the Agreement on its
behalf as shown on the Cover Page of the Agreement.
3. Agency means the Maricopa County Human Services Department which is the lead agency
of the Maricopa HOME Consortium.
4. Annual Action Plan means the annual plan submitted by the COUNTY as the lead agency to
HUD that describes jurisdiction’s program goals.
5. Beneficiary means a person or household who meets the income requirements of 24 CFR
92.203(d)(1) as amended, subject to the restriction on assistance to students enrolled in and
institution of higher education as described in 24 CFR 5.612. When determining the annual
income of a household to establish eligibility for HOME assistance, the CHDO must count
the income of all persons in the household, including non-related individuals.
6. BOS means the Maricopa County Board of Supervisors.
7. CD means Community Development Division.
8. CHDO means Community Housing Development Organization, a special designation for
qualified nonprofit organizations that meet certain legal and organizational characteristics
described in the HOME regulations at 24 CFR Part 92.2. The purpose of the organization
must include the provision of decent housing that is affordable to low and moderate income
people.
9. COUNTY means Maricopa County, the Lead Agency.
10. Developer means an organization that owns property and develops the project or has the
contractual obligation to a property owner to develop a project.
11. Five Year Consolidated Plan means HUD required Consolidated Plan submitted by the
COUNTY as the lead agency
12. HOME means HOME Investment Partnerships Program 24 CFR Part 92.
13. HUD means U.S. Department of Housing and Urban Development.
14. Maricopa HOME Consortium means a legal entity created through an intergovernmental
agreement among Maricopa County; the Cities of Avondale, Chandler, Glendale, Peoria,
Scottsdale, Surprise and Tempe; and the Town of Gilbert for the purpose of receiving HOME
funds through HUD.
C. STANDARDS
The CHDO shall perform the work and provide the services identified in the Work Statement and
shall immediately notify the Department whenever the CHDO is unable to, or anticipates an inability
to, perform any of the work, or provide any of the services required by the terms of this Agreement.
The CHDO acknowledges that any inability to perform the work and provide the services, or comply
with the standards set forth in this Agreement may subject the CHDO to the remedies provided in
the Default and Remedies for Noncompliance established by the General Provisions
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Section II Special 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 CHDO shall comply with all applicable laws, rules and regulations, without
limitation to those designated within this Agreement. Refer to the Default and Remedies for
Noncompliance provided in the General Provisions.
E. GENERAL PROVISIONS, SECTION I, SUPERSEDED BY SPECIAL PROVISIONS,
SECTION II
1. “LL Financial Management” is superseded by the Special Provisions.
2. “SS Governor’s executive order no. 88-26” is deleted.
F. AUDIT REQUIREMENTS
The CHDO shall, at its own expense, file with the Human Services Department, Community
Development Division by March 30th, either audited financial statements prepared in accordance
with federal single audit requirements; or, financial statements prepared in accordance with generally
accepted accounting principles audited by an independent certified public accountant.
G. SPECIAL FEDERAL AND PROJECT PROVISIONS
1. PROGRAMS: In accordance with HOME Program regulations, the CHDO agrees
implement the Program fully as described in the Work Statement in accordance with the
terms of the Five-Year Consolidated Plan and the Annual Action Plan 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 the
Work Statement, Section III. The CHDO shall be responsible to provide various reports of
all activities related to the Scope of Work. The CHDO agrees to submit to the COUNTY
Reports:
a. Quarterly CHDO Project Proceeds Report and supporting documentation due on
the 15th of July, October, January and April.
b. Quarterly Progress Reports due on the 15th of July, October, January and April of
the preceding three months (i.e. July report cover the months of April, May and
June) and address all programs described in the scope of work. Failure to submit
timely Quarterly Progress Reports 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 CHDO must provide the COUNTY information about current
marketing efforts and, if appropriate, an enhanced plan for marketing the unit so
that it is leased as quickly as possible. Within 18 months from the date of project
completion, if efforts to market the unit are unsuccessful and the unit is not
occupied by an eligible tenant, HUD will require repayment of all HOME funds
invested in the unit. A unit that has not served a low- or very low-income household
has not met the purposes of the HOME 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. Monthly 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 Completion Reports – HOME Set up Reports be submitted to
the COUNTY after a fully executed written agreement, environmental review
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Section II Special Provisions
record and all other conditions prior to a commitment of funds described in 24
CFR 92.2(1) (2). HOME Completion Report Within sixty (60) days of final payment
request submit HOME Completion Report of all required documents as described
in section 8 b of this Agreement to Project Coordinator.
e. MBE/WBE information HUD Form 2516; and
f. Other HUD-required reporting data as applicable shall be submitted.
2. CHDO PROJECT PROCEEDS: CHDO Project proceeds include, but are not limited to:
[1] the permanent financing of a CHDO project which is used to pay off a CHDO financed
construction loan; [2] the sale of CHDO sponsored rental housing to a second non-profit;
[3] the sale of CHDO developed homeownership housing; [4] the principal and interest
payments from a loan to a buyer of CHDO developed homeownership housing. When
project proceeds are generated by housing that is only partially assisted with HOME funds
or matching funds, the income shall be prorated to reflect the percentage of HOME funds
used. Project proceeds may be retained and used by the CHDO under the following
conditions: submit to the COUNTY documentation supporting the amount of project
proceeds received and expended. Quarterly project proceeds reports are due to the
COUNTY by the 15th day following the end of the quarter. At the end of each fiscal year,
June 30th, a yearly project proceeds log must be submitted to the COUNTY that states
project proceeds received and expended. Project proceeds that are not expended at the end
of this Agreement shall be sent to the COUNTY in accordance with 24 CFR 92.503 within
30 days.
The CHDO must use all Project Proceeds for HOME-eligible or other housing activities to
benefit low-income families, as required by 24CFR 92.300. The COUNTY requires that all
CHDO proceeds generated from this AGREEMENT be used to fund the acquisition
and/or rehabilitation of additional HOME eligible properties to be sold to qualified low
income families as defined in Paragraph 3 below. Funds generated from the use of CHDO
proceeds are not CHDO proceeds. The HOME requirements shall continue to apply as
long as the CHDO receives and uses CHDO proceeds, even if the CHDO proceeds are
received or used after the expiration of this AGREEMENT.
3. REAL PROPERTY ACQUIRED or IMPROVED WITH HOME FUNDS: Upon
expiration of this Agreement, any real property under the CHDO’s control that was acquired
or improved in whole or in part with HOME funds must be occupied by low and/or very
low income households and in compliance with HOME occupancy limits and must meet the
requirements to qualify as affordable housing subject to encumbrances and obligations
described in any applicable recorded covenants running with the land. The option to use
deed restrictions or covenants running with the land must include period of affordability set
forth in §92.252 and §92.254.
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 CHDO completes performance under the Scope of Work without using all
funds provided by the COUNTY under this Agreement;
b. This Agreement expires and all funds are expended;
c. The COUNTY’s original allocation was a loan and the CHDO paid the loan;
d. Cancelled or changed 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 CHDO.
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 CHDO failed to use the funds provided by the COUNTY
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Section II Special Provisions
under this Agreement in compliance with the terms and conditions outlined herein; or 2) the
CHDO fails to perform in accordance with the performance obligations set forth in the
Work Statement and Project Schedule or the terms of this Agreement. The COUNTY may
reduce funds under this Agreement under the foregoing circumstance upon written notice to
the CHDO.
6. REPAYMENT OF FUNDS: The CHDO agrees to repay funds provided under this
Agreement in compliance with the terms of this Agreement or the requirement of applicable
laws and regulations. This repayment obligation extends to but is not limited to questioned
costs identified in HUD monitoring or Single Audit and repayments required by HUD for
failed projects during the period of affordability for projects financed under this agreement.
The COUNTY may specify in writing, the terms of the repayment or alternative terms in
lieu of repayment however in no case shall repayment or alternative terms be accomplished
later than one hundred eight (180) days following the written determination of
noncompliance by the COUNTY.
7. FUNDS REMAINING AT EXPIRATION: Upon expiration of the Agreement, the
CHDO shall transfer to the COUNTY any unexpended funds advanced to the CHDO 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: The CHDO’s 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 and by HUD.
i. The CHDO agrees to adhere to accounting principles and procedures, to
utilize adequate internal controls and maintain necessary source
documentation for all costs incurred. The CHDO further agrees to
maintain an adequate accounting system that provides for appropriate grant
accounting (including calculation of CHDO project proceeds).
ii. The CHDO is to adhere to applicable audit requirements as described and
in accordance with OMB Circular A-133. In addition, all CHDOs must
provide annual single-audit reports or annual audited financial statements to
the COUNTY.
iii. The CHDO is to adhere to the repayment of investment requirements set
forth in 24 CFR § 92.503. Any HOME Funds invested in housing that do
not meet the affordability requirements for the period specified in § 92.252
or § 92.254, as applicable, must be repaid in accordance with 24 CFR §
92.503(b)(3).
b. DOCUMENTATION AND RECORD KEEPING:
i. Records to be Maintained The CHDO shall maintain all records required
by the federal regulations specified in 24 CFR § 92.508 that are pertinent to
the activities to be funded under this Agreement. Such records shall
include, but not be limited to:
1. Records demonstrating that the CHDO is and remains a qualified
CHDO;
2. Records providing a full description of each activity 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
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Section II Special Provisions
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 required by OMB Circular A-110;
11. Other records necessary to document compliance with HOME
Program requirements;
12. Records documenting compliance with Section 3 of the Housing
and Urban Development Act of 1968;
13. Records that demonstrate compliance with deeds of trust,
promissory notes, and forgivable loans associated with owner-
occupied housing activities;
14. Records supporting that the CHDO has maintained client data
demonstrating clients served meet the income and other criteria
required by federal law and that no unlawful discrimination occurs
in the solicitation or selection process of low income persons or
groups and that no conflict of interest exists.
15. All applicable federal, State, and local laws and regulations,
including compliance with A.R.S. § 1-1501 and § 1-502
(Attachment A).
ii. Outcome Measures – The CHDO shall maintain data that supports the
accomplishment of the desired outcomes as indicated in the Work
Statement.
iii. Disclosure – The CHDO understands that client information collected
under this Agreement is private and the use or disclosure of such
information, when not directly connected with the administration of the
ADMINISTRATOR’s. COUNTY’s or CHDO’s responsibilities with
respect to services provided under this Agreement is prohibited unless
written consent is obtained from such person receiving service.
iv. Activity Reports – Such reports as required by the COUNTY including, but
not limited to, HOME Setup/Completion Reports, Quarterly Progress
Reports, Quarterly CHDO Project proceeds 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 CHDO records with respect to any matters
covered by this Agreement shall be made available to the COUNTY and
the ADMINISTRATOR, its designees, and the federal government, at any
time during normal business hours, as often as the COUNTY or
ADMINISTRATOR deems necessary, to audit, examine and make excerpts
or transcripts of all relevant data. Any relevant deficiencies noted in audit
reports shall be addressed by the CHDO within 45 days after receipt by the
CHDO. Failure of the CHDO to comply with above audit requirements
shall constitute a violation of this Agreement and may result in the
withholding of future payments. The CHDO hereby agrees to have an
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Section II Special Provisions
Annual Audit conducted in accordance with Administrative Manual on CD
concerning CHDO audits. The Annual Audit requirement is applicable to
all levels of funding received by the CHDO under this Agreement, even if
the level of funding is less than the current thresholds cited in OMB
Circular A-133.
vi. Performance Monitoring – The ADMINISTRATOR shall monitor the
CHDO to determine if HOME funded activities are implemented and
administered in accordance with all applicable federal requirements and
gauge performance of the CHDO against goals and performance standards
required herein. The CHDO will prepare for monitoring as set forth in the
HOME Consortium Monitoring Current Practices. and assure that all
required files and documentation are available at scheduled monitoring.
Failure of the CHDO to administer, implement and perform as determined
by federal regulations and ADMINISTRATOR shall constitute non-
compliance with this Agreement. Non-compliance is a violation of this
Agreement and may result in the withholding of future payments.
vii. Policy/Administrative Manuals Use - CHDO 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 choice limiting contracts. Only exempt activities such as administration may be taken
and reimbursed by the COUNTY prior to receiving a written release of HOME funds to the
CHDO. Exempt activities described in § 24 CFR 58.34(a)(1)-(11) are activities that generally
have no physical impact on the environment. If federal funds are involved in an activity,
neither federal nor non-federal funds may be expended or committed by contract
(conditional or not) for property acquisition, rehabilitation, conversion, lease, repair or
construction activities, until HUD and/or the ADMINISTRATOR and/or the COUNTY
provides written authorization based on approval of an ERR.
An option agreement (to purchase land or a single family residence) on a proposed site or
property is allowable prior to the completion of the environmental review if the option
agreement is contingent upon a HUD authorization to use fund based on a completion
ERR. The cost of the option must be a nominal portion of the purchase price.
a. The CHDO agrees to comply with: the National Environmental Policy Act of 1969
(P.L. 91-190) pursuant thereto 40 CFR Parts 1500 – 1508; Environmental Review
Procedures for Entities Assuming HUD Environmental Responsibilities pursuant
thereto Title 24 CFR Part 58, Subpart A; CPD Notice 01-11 HOME Environmental
Review Requirements and with all conditions required in the process of the
environmental assessment.
b. Air and Water - The CHDO shall comply with the following requirements insofar as
they apply to the performance of this Agreement:
i. Clean Air Act, 42 U.S.C. § 7401, et seq., as amended.
ii. Federal Water Pollution Control Act, as amended, 33 U.S.C. §§ 1251, et seq,
as amended, § 1318 relating to inspection, monitoring, entry, reports, and
information, as well as other requirements specified in said Section 114 and
Section 308 and all regulations and guidelines issued thereunder.
iii. Environmental Protection Agency (EPA) regulations pursuant to 40 CFR
Part 50, as amended.
iv. The CHDO agrees to comply with conditions set forth by the Air Quality
Department or other COUNTY agency, as required.
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c. Flood Disaster Protection - In accordance with the requirements of the Flood
Disaster Protection Act of 1973 (42 USC § 4001), the CHDO shall ensure that for
activities located in an area identified by FEMA as having special flood hazards,
flood insurance under the National Flood Insurance Program is obtained and
maintained as a condition of financial assistance for acquisition or construction
purposes. The CHDO shall require the homeowner to obtain and maintain flood
insurance as a condition of funding, or funds shall not be utilized.
d. Historic Preservation - The CHDO shall comply with the Historic Preservation
requirements set forth in the National Historic Preservation Act of 1966 (16 USC §
470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic
Preservation Procedures for Protection of Historic Properties, insofar as they apply
to the performance of this Agreement. In general, this requires concurrence from
the State Historic Preservation Office for all rehabilitation and demolition of
historic properties that are fifty (50) years old or older or that is listed or eligible for
the National Register of Historic places, or included on any State or local historic
property inventory or any archaeological findings.
e. Release Of Funds (ROF) - No funds may be encumbered prior to the completion of
the Environmental Review. The Environmental Review Record (ERR) must be
completed before any funds are obligated. Funding is also conditioned upon the
completion of the ERR of every activity site by address. The responsibility for
certifying the appropriate ERR and ROF shall rest with the COUNTY. It is the
responsibility of the CHDO to notify the ADMINISTRATOR, and to refrain from
making any commitments and expenditures on a site until a Release of Funds has
been issued by the COUNTY. Failure to meet these conditions will mean that
requested funds will not be disbursed.
10. The CHDO CERTIFIES:
a. That it is a CHDO that meets the applicable requirements of the HOME Program.
b. That it possesses legal authority to execute this Agreement.
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 CHDO to execute this Agreement and to comply with the
terms of this Agreement.
d. That the activity described herein shall be carried out and the services administered
in compliance with all federal laws and regulations as follows:
i. The CHDO shall comply with the requirements and standards of OMB
Circular A-87, OMB Circular A-133, Audits of States, 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 shall utilize and make available the HOME funds in conformity with the
non-discrimination and equal opportunity requirements set out in the HUD
regulations in the National Housing Affordability and Stability Act (24 CFR §§
92.350-92.454), which include:
i. The requirements of the Fair Housing Act, (42 CFR §§ 3601-3620), and
implementing regulations at 24 CFR Part 100 (discriminatory conduct
under the Fair Housing Act), Executive Order 11063 (Equal Opportunity in
Housing) as amended by Executive Order 12259 (leadership and
coordination of fair housing in federal programs) (3 CFR §§ 1958-1963
Come, p. 652 and 3 CFR § 1980, Come. p. 307) and implementing
regulations at 24 CFR Part 107 (nondiscrimination and equal opportunity in
housing under Executive Order 11063), and Title VI of the Civil Rights
Act of 1964 (42 U. S. C. §§ 2000d, et seq.), and implementing regulations at
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Section II Special Provisions
24 CFR Part 1 (Nondiscrimination in Federally Assisted Programs of
HUD);
ii. Executive Order 13166 (Improving Access to Services for Persons with
Limited English Proficiency) pursuant to Title VI of the Civil Rights Act of
1964;
iii. The prohibitions against discrimination on the basis of age under the Age
Discrimination Act of 1975 (42 U.S.C. §§ 6101, et seq.) and the regulations at
24 CFR § 146 (nondiscrimination on the basis of age in HUD programs or
activities receiving federal financial assistance);
iv. The prohibitions against discrimination on the basis of handicap under
Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §§ 794, et seq.) and
implementing regulations at 24 CFR Part 8 (nondiscrimination based on
handicap in federally assisted programs and activities of HUD); and the
Americans with Disabilities Act 1990 (42 U.S.C. §§ 12101, et seq.);
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 Development, and 12138 regarding Women's Business
Enterprise, and Regulations S. 85.36 (e) and of Section 281 of the National
Housing Affordability and Stability Act.
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
Program assisted housing contains 5 or more rental units, by providing information about
the availability of HOME Program-assisted units that are vacant at the time of completion or
that later become vacant. The Parties shall make good faith efforts to provide information
and to otherwise attract eligible persons from all racial, ethnic, and gender groups in the
housing market to the available housing during the period of affordability. These procedures
and requirements are not applicable when units are occupied by families referred from a
Public Housing Authority's (PHA) waiting list, or to families receiving tenant-based rental
assistance provided from HOME funds.
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 USC § 4321) and the other provisions of the law that would apply to HUD
were HUD to undertake such Activities as Federal Activities in accordance with 24 CFR Part
58 (environmental review procedures for entities assuming HUD environmental
responsibilities). The COUNTY will assume the responsibilities for the Request for Release
of Funds. The CHDO agrees not to commit or incur any expenditures for HOME activities
until this environmental review process has been completed. Should it be determined that
the CHDO has incurred expenses in violation of the NEPA requirements, the CHDO will
be responsible for the full costs for such expenditures and repayment of any related
reimbursements. The CHDO shall provide all necessary assistance to the COUNTY in
completing this environmental review process.
e. The Parties to this Agreement agree to abide with the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970 (URA) (42 USC §§ 4291-4655) and the
governmental implementing regulations at 49 CFR Part 24 as they apply to this HOME
Program.
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Section II Special Provisions
f. The Parties shall comply with the Davis-Bacon Act (40 U.S.C. §§ 276a, et seq.), Contract
Work Hours and Safety Standards Act (40 U.S.C. §§ 327, et seq.), related acts and the
provisions of 24 CFR Part 24 regarding Government Debarment and Suspension as they
apply to this HOME Program.
g. The Parties shall comply with the Flood Disaster Protection Act of 1973 (42 U.S.C. §§ 4001,
et seq.) as they apply to this HOME Program.
h. The Parties shall comply with the Drug-Free Workplace Act of 1988 as it applies to the
HOME Program.
i. Housing assisted with HOME Program funds constitutes HUD-assisted housing for the
purposes of the Lead-Based Paint Poisoning Prevention Act (42. U.S.C. §§ 4801, et seq.), and
is therefore subject to 24 CFR Part 35.
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 CHDO warrants that it is in compliance with A.R.S. § 41-4401 and further
acknowledges
i. That the CHDO and its subcontractors/vendors, if any, warrant their compliance
with all federal immigration laws and regulations that relate to their employees and
their compliance with A.R.S. § 23-214 (A);
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 ADMINISTRATOR and the COUNTY retains the legal right to inspect
the employment papers of any CHDO or vendors employee who works on the
Agreement to ensure that the CHDO or vendor is complying with the warranty
provided under subsection a above and that the CHDO agrees to make all papers
and employment records of said employee(s) available during normal working hours
in order to facilitate such an inspection; and
iv. That nothing herein shall make any CHDO, or vendor an agent or employee of the
ADMINISTRATOR and the COUNTY;
l) That the Administrative Manual on CD shall be made accessible to all
applicable CHDO staff.
12. REGARDING SUBCONTRACTS AND VENDORS:
a. Approvals – Unless expressly authorized in the written Agreement by the CHDO
exempt activities such as architectural, engineering and administration may be
undertaken and reimbursed by the COUNTY prior to receipt of HUD Request
Release of Funds RROF. Exempt activities described in 24 CFR 58.34(1)(1)-(11) are
activities that generally have no physical impact on the environment. Otherwise the
CHDO shall not expend or commit federal or non-federal funds by contract
(conditional or not) for property acquisition, rehabilitation, conversion, lease, repair
or construction activities, until HUD has provided written authorization based on
approved ERR. Any pre-Agreement costs enter into by a subcontract(s) with any
agency or individual in the performance of this Program that are not exempt
activities without the Release of Funds (ROF) from the COUNTY prior to the
execution of such Agreement.
b. Selection Process – The CHDO shall ensure that all subcontracts in the
performance of this Agreement are awarded on a fair and open competitive basis.
Executed copies of all subcontracts shall be forwarded to the COUNTY along with
documentation, if requested concerning the selection process.
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Section II Special Provisions
c. Section 3 of the Housing and Urban Development Act of 1968– The CHDO shall
include the Section 3 clause in every subcontract and shall take appropriate action
pursuant to the subcontract upon a finding that a subcontractor is in violation of
regulations issued by HUD. The CHDO shall not subcontract with any entity
where it has notice or knowledge that the latter has been found in violation of the
regulations under 24 CFR § 135. The CHDO has the responsibility of determining
Section 3 eligibility.
d. Monitoring – The CHDO shall monitor and review all subcontracted services on an
annual basis to assure contract compliance. Results of monitoring efforts shall be
summarized in Monthly Progress Reports and supported with documented
evidence, if requested, of follow-up actions taken to correct areas of noncompliance.
13. THE COUNTY CERTIFIES:
a. That a public purpose is served by the financial participation of the COUNTY in
the Work Statement.
b. That the HOME Program funds designated for the Work Statement constitute
reasonable and prudent assistance necessary for completion of the activity.
14. THE ADMINISTRATOR AGREES TO:
a. Complete and submit to the COUNTY all Environmental Reviews (ERs) in a timely
manner.
b. Provide technical assistance to the CHDO on a continuing basis.
c. Approve all requests for reimbursement, review all requests for Agreement
amendments and make recommendations to the COUNTY thereof in a timely
manner.
d. Monitor timely implementation of the CHDO’s project including encumbrance
obligation and make recommendations for compliance.
e. Keep the Maricopa HOME Consortium informed of progress toward goals.
f. Serve as lead in the Maricopa HOME Consortium monitoring team for the CHDO
annual formal monitoring.
g. Be the lien holder for all real estate developed, if applicable.
h. At the completion of the project, provide a close out memo detailing the on-going
HOME requirements and responsibilities for the affordability period.
15. PROGRAM COMPLETION - Upon completion of the Work Statement, all unspent
HOME Program funds and property shall be forfeited to the COUNTY for reallocation as
defined by the Maricopa HOME Consortium Policies and Procedures. The CHDO shall
continue to be responsible for compliance activities until all HOME Program requirements
and contractual obligations are met including affordability restrictions. The CHDO
obligation shall not end until all close-out requirements are completed. The COUNTY will
notify the CHDO in writing that a Completion Report is due to the COUNTY within sixty
(60) days of one of the following occurrences:
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
ADMINISTRATOR will notify the COUNTY in writing that each activity is closed. In compliance
with 24 CFR 92.502(d) all project completion data shall be entered in IDIS within 120 days of the
final drawdown for all activity types. Project completion means projects have all necessary title
transfer and construction work completed, projects comply with HOME requirements including
property standards set forth at 24 CFR 92.251, the final draw has been disbursed; and the project
completion data entered into IDIS. For the purposes of rental project, the project is complete when
construction is complete and the units are ready for occupancy. The identification of a beneficiary is
not required for project completion. Vacant rental units may be marked as vacant when completion
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Section II Special Provisions
data is entered. Within six months from the date of project completion, if a rental unit remains
unoccupied, the CHDO must provide the COUNTY information about current marketing efforts
and, if appropriate, an enhanced plan for marketing the unit so that it is leased as quickly as possible.
Within 18 months from the date of project completion, if efforts to market the unit are unsuccessful
and the unit is not occupied by an eligible tenant, HUD will require repayment of all HOME funds
invested in the unit.
16. FAILURE TO MAKE PROGRESS - Failure of the CHDO to make progress according to
the Schedule of Completion may result in contract termination, deobligation of funds or
recapture of funds. CHDO agrees to meet with the COUNTY at the site in which the
funded activity is taking place to discuss progress and allow the COUNTY to provide
technical assistance if:
a. The CHDO fails to complete its Environmental Review pursuant to section 5
within one hundred and eighty (180) calendar days from the date the COUNTY
executes this Agreement;
b. The CHDO fails to commit funds to a specific local project in performance of and
in accordance with the terms of this Agreement within eighteen (18) months from
the execution date the COUNTY executes this Agreement. Commit for the
purposes of this paragraph shall have the same meaning as 24 CFR 92.2(2)(i)(iii).
c. The CHDO fails to expend HOME funds in performance of and in accordance
with the terms of this Agreement within twenty-four (24) months from the date the
COUNTY executes this Agreement.
17. The COUNTY will terminate any Agreement and recapture funds from the same Agreement
in which the CHDO does not timely perform the activities described in paragraph 15 above
or in the milestones in the Work Statement of this Agreement. The COUNTY in its sole
discretion may forgo providing technical assistance and recapture funds as outlined in this
Agreement under Section I hereof and/or terminate the Agreement for cause pursuant to
Section I of this Agreement.
18. In the event that a project is not completed within twenty four (24) months from the date
that the COUNTY executes this agreement, the CHDO must repay the HOME funds. The
COUNTY may at its option ask HUD for a 12-month extension provided that the CHDO
provides the status of the project, identifies the steps taken to overcome any obstacles to
completion provide proof of adequate funding to complete the project and provides a
schedule with milestone for completion of the project. If HUD does not provide an
extension or the COUNTY determines that the CHDO has not provided an adequate basis
for a continuance, the CHDO must return funds to the COUNTY.
19. GENERAL CONDITIONS:
a. It is expressly understood by the Parties that this Agreement has been negotiated
and executed in anticipation of receipt of funds by the COUNTY from HUD
pursuant to the HOME Program and that, therefore, the terms, conditions, and
sums payable under this Agreement are subject to any changes or limitations that
may be required by HUD and HOME regulations. Notwithstanding any other
provisions of this Agreement, any payment to CHDO by the COUNTY under this
Agreement is contingent upon the actual receipt of funds from HUD.
b. The parties acknowledge that no member of the governing body, nor any employee
of the COUNTY who exercises any functions or responsibilities in connection with
the carrying out of the activity to which this Agreement pertains, has any personal
interest, direct or indirect, in this Agreement.
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 all Parties, and provided that such
amendments are in compliance with the procedures in the Standard Operating
Procedures Administrative Manual. Such amendments shall not invalidate this
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Section II Special Provisions
Agreement nor relieve or release the COUNTY or CHDO from their obligations
under this Agreement. Amendments shall be filed with the original Agreement.
d. Changes – The COUNTY may, at any time, by written Amendment executed by the
Director or designee, make changes within the general scope of this Agreement in
any one or more of the following areas:
i. Scope of Work activities:
a. Which do not increase or decrease the amount of total contract funding (i.e.
approval of street address of the specific site purchased);
b. Modify the project timeline as long as the last day of the project timeline is
within the end date of the contract; or
c. Modify terms consistent with any change to scope of work required by
Federal, State, or COUNTY regulations ordinances or policies.
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 CHDO to ensure the latest
documents are consulted and followed.
e. The County may increase or decrease funding resulting from a reallocation pursuant
to a majority vote of the Consortium members with the agreement of the parties;
provided the change in funding is approved by the Board of Supervisors.
f. 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.
g. The CHDO agrees to be familiar with, update as necessary, and comply with the
policies and procedures established in the most recent Maricopa HOME
Consortium Standard Operating Procedures Manual and all provisions in the most
recent Administrative Manual on CD. Non-compliance with the Maricopa HOME
Consortium Standard Operating Procedures Manual shall constitute a breach of this
Agreement.
h. The CHDO agrees to give all notices and comply with all laws, ordinances, rules,
building codes, regulations, and lawful orders of any public authority bearing on the
performance of activities pursuant to this Agreement. If the CHDO observes that
any of the Agreement documents are in conflict with any laws, statutes, building
codes, or regulations, it shall promptly notify the COUNTY in writing, and any
necessary changes shall be accomplished by appropriate written modification.
i. Should the CHDO perform any work knowing it to be contrary to applicable laws,
ordinances, rules, building codes, or regulations, it shall assume full responsibility
therefore, and shall bear all costs incurred due to its negligence. Any dispute not
resolved by mutual agreement by the parties hereto shall be decided in accordance
with applicable Arizona laws, ordinances, and codes of the state and local
governments.
j. Acknowledge the contribution of the COUNTY HOME Program in all published
literature, brochures, programs, flyers, etc., during the term of the Agreement.
k. Execute and abide by Certifications mandated by HOME Program requirements as
listed in HOME CERTIFICATIONS.
20. REVERSION OF ASSETS: Upon expiration of this Agreement, the CHDO shall transfer
all remaining unspent funds and the value of other assets, as defined by the terms of
affordability (Attachment A) relating to the HOME Investment Partnerships Program, to
the COUNTY. A written letter of intent to terminate this Agreement shall be submitted to
the ADMINISTRATOR and the COUNTY at least thirty (30) days prior to termination of
this Agreement.
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CHDO CERTIFICATIONS
In accordance with the provisions of the Home Investment Partnerships Act and with 24 CFR 92.150 of the
HOME Investment Partnerships Program Rule, the CHDO certifies that:
(A) Before committing any funds to an activity, the CHDO will evaluate the activity in accordance with
24 CFR 92.504 and the guidelines that it adopts for this purpose and complete all assessments
required by the rules, including, but not limited to:
1. Complete all income determinations, underwriting and subsidy layering guidelines,
rehabilitation standards, refinancing guideline, homebuyer program policies and affordability
requires;
2. Complete a timely environmental review;
3. Complete an underwriting review; assess developer capacity, fiscal soundness and
neighborhood market conditions; and
4. The CHDO will not invest any more HOME funds in combination with other Federal
assistance than is necessary to provide affordable housing.
(B) The CHDO shall affirmatively further fair housing, which means it shall take appropriate actions to
overcome the effects of any impediments identified through that analysis, and maintain records
reflecting that analysis and actions in this regard.
(C) The CHDO will only utilize HOME funds to pay for eligible activities and costs of those activities
permitted in 24 CFR 92.300 and not specifically prohibited under 24 CFR 92.214 (Prohibited
Activities and Fees).
(D) The submission of the program description is authorized under State and local law (as applicable),
and that the CHDO possesses the legal authority to carry out the Home Investment Partnerships
(HOME) Program, in accordance with the HOME regulations;
(E) The CHDO will comply with the acquisition and relocation requirements of the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970, as amended, implementing
regulations and the requirements of 24 CFR 92.353; and 49 CFR Part 24; and it has in effect and is
following a residential anti-displacement and relocation assistance plan required under §104(d) of the
Housing and Community Development Act of 1974, as amended, in connection with any activity
assisted with funding under the HOME programs.
(F) The CHDO will use HOME funds pursuant to the Five Year Consolidated Plan approved by the
HUD and all requirements of 24 CFR Part 92;
(G) The CHDO shall comply with Section 3 of the Housing and Urban Development Act of 1968, and
implementing regulations at 24 C.F.R. Part 135
(H) The CHDO will provide a drug-free workplace by:
1. Publishing a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the grantee's
workplace and specifying the actions that will be taken against employees for violation of
such prohibition;
2. Establishing an ongoing drug-free awareness program to inform employees about:
i. The dangers of drug abuse in the workplace;
ii. The participating jurisdiction's policy of maintaining a drug-free workplace;
iii. Any available drug counseling, rehabilitation, and employee assistance programs; and
iv. The penalties that may be imposed upon employees for drug abuse violations occurring
in the workplace;
3. Making it a requirement that each employee to be engaged in the performance of the grant
be given a copy of the statement required by paragraph 1;
4. Notifying the employee in the statement required by paragraph 1 that, as a condition of
employment under the grant, the employee will:
i. Abide by the terms of the statement; and
ii. Notify the employee in writing of his or her conviction for a violation of a criminal drug
statute occurring in the workplace no later than five calendar days after such conviction;
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Section II Special Provisions
5. Notifying the COUNTY in writing, within ten calendar days after receiving notice under
paragraph (4)(ii) from an employee or otherwise receiving actual notice of such conviction.
Employers of convicted employees must provide notice, including position title, to every
grant officer or other designee on whose grant activity the convicted employee was working,
unless the Federal agency has designated a central point for the receipt of such notices.
Notice shall include the identification number(s) of each affected grant;
6. Taking one of the following actions, within 30 calendar days of receiving notice under
paragraph (4)(ii), with respect to any employee who is so convicted
i. Taking appropriate personnel action against such an employee, up to and including
termination, consistent with the requirements of the Rehabilitation Act of 1973, as
amended; or
ii. Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a Federal State, or local health,
law enforcement, or other appropriate agency.
7. Making a good faith effort to continue to maintain a drug-free workplace through
implementation of paragraphs 1, 2, 3, 4, 5, and 6.
(I) To the best of its knowledge and belief:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
COUNTY, to any person for influencing or attempting to influence an officer or employee
of any agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with the awarding of any Federal loan, the entering
into of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal grant, loan, or cooperative agreement;
2. If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal grant, loan, or cooperative agreement, the CHDO
will complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in
accordance with its instructions; and
3. The CHDO will require that the language of paragraph (F) of this certification be included
in the award documents for all subawards at all tiers (including subcontracts, subgrants, and
agreements under grants, loans, and cooperative agreements) and that all Vendors shall
certify and disclose accordingly.
(J) The CHDO shall, upon proper notice or with knowledge obtained by itself or others, take any and all
proactive actions necessary, and provide any and all applicable remedies to address and correct any
act by itself, its employees, officials, successors, assigns, CHDOs, or vendors that resulted in any
wrongdoing (intentional or unintentional); misuse or misappropriation of funds; the incorrect or
improper disposition of funds; any violation of any federal, state, or local law, rule, or regulation; or
the breach of any certification or warranty provided in this Agreement.
Signature (CHDO Representative) Date
_____________ _____________
Printed/Typed Name Executive Director/ Title
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Section II Special Provisions
APPENDIX TO CERTIFICATIONS
INSTRUCTIONS CONCERNING LOBBYING AND DRUG-FREE WORKPLACE REQUIREMENTS:
A. Lobbying Certification
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
Agreement and is imposed by 31 U.S.C. § 1352 (limitation on use of appropriated funds to influence certain
federal contracting and financial transactions). Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
B. Drug-Free Workplace Certification
1. By signing and submitting this application or Agreement, the CHDO is providing the certification.
2. The certification is a material representation of fact upon which reliance is placed when the agency
awards the grant. If it is later determined that the CHDO knowingly rendered a false certification, or
otherwise violated the requirements of the Drug-Free Workplace Act, in addition to any other remedies,
HUD may take action authorized under the Drug-Free Workplace Act.
3. Workplaces under grants, for grantees other than individuals, need not be identified on the certification.
If known, they may be identified in the grant application. If the CHDO does not identify the
workplaces at the time of application, or upon award, if there is no application, the CHDO must keep
the identity of the workplace(s) on file in its office and make the information available for federal
inspection. Failure to identify all known workplaces constitutes a violation of the CHDO’s drug-free
workplace requirements.
4. Workplace identifications must include the actual address of buildings (or parts of buildings), or other
sites where work under the grant takes place. Categorical descriptions may be used (e.g., all vehicles of a
mass transit authority or State highway department while in operation, or State employees in each local
unemployment office, performers in concert halls or radio stations).
5. If the workplace identified to the agency changes during the performance of the grant, the CHDO shall
inform HUD of the change(s), if it previously identified the workplaces in question (see paragraph
three).
6. The CHDO may insert in the space provided below the site(s) for the performance of work done in
connection with the specific grant:
Place of Performance: ___________________________________
Check if there are workplaces on file that are not identified here.
The certification with regard to the drug-free workplace is required by 24 CFR Part 24, subpart F.
7. Definitions of terms in the Non-procurement Suspension and Debarment common rule and Drug-Free
Workplace common rule apply to this certification. The CHDO’s attention is called, in particular, to the
following definitions from these rules:
i. "Controlled substance" means a controlled substance in Schedules I through V of the Controlled
Substances Act (21 U.S.C. 812) and as further defined by regulation (21 CFR 1308.11 through 1308.15);
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Section II Special Provisions
ii. "Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence,
or both, by any judicial body charged with the responsibility to determine violations of the federal or
State criminal drug statutes;
iii. "Criminal drug statute" means a federal or non-federal criminal statute involving the manufacture,
distribution, dispensing, use, or possession of any controlled substance;
iv. "Employee" means the employee of a grantee directly engaged in the performance of work under a
grant, including: (i) All "direct charge" employees; (ii) all "indirect charge" employees unless their
impact or involvement is insignificant to the performance of the grant; and (iii) temporary personnel
and consultants who are directly engaged in the performance of work under the grant and who are on
the grantee's payroll. This definition does not include workers not on the payroll of the grantee (e.g.,
volunteers, even if used to meet a matching requirement; consultants or independent contractors not
on the grantee's payroll; or employees of CHDOs or vendors in covered workplaces).
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SECTION III
WORK STATEMENT
MARICOPA COUNTY HUMAN SERVICES DEPARTMENT
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Section III Work Statement
MARICOPA COUNTY
HOME Investment Partnerships Program
FY 2014-2015
Date: DUNS: # 022225143
Program Year: FY 2014-2015
Project: Acquisition / Resale
Type of Property: Single Family Residential
Amount of Funding
OTHER
CHDO HOME CASH MATCH TOTAL
RESOURCES
AMOUNT AMOUNT BUDGET
AMOUNT
$460,000 N/A $690,000 $1,150,000
Work Statement
Newtown CDC, acting in the capacity of a developer, will acquire and rehabilitate up to five (5) single-family
homes in Tempe. This is a scattered-site homeownership project and will target zip codes 85281, 85282, and
85283 to be supplement by the specific street address. Parties agree to execute an addendum, once
properties are identified. Addenda to this Agreement identifying individual properties by street address for
participation in Newtown’s Tempe Community Land Trust Program (CLT) will be executed before funding is
made available. Funds will be considered to be committed to Newtown only after requirements of the
HOME Program Final Rule are met under the definition of commitment which includes: all funding
necessary for the project is secured, a budget and schedule are established, underwriting and subsidy layering
is completed, construction is scheduled to begin within twelve months and individual addresses for
acquisition are identified.
Funds for rehabilitation are obligated by completing a detailed set of plans and specifications (work write-up)
and completing a detailed construction/rehabilitation cost estimate based upon those specifications. Such
cost estimate may include a contingency for construction change orders of up to 15% for rehabilitation and
up to 5% for new construction. The Administrator must inspect the property prior to occupancy and at
project completion to ensure compliance with applicable standards and codes. The property must be free
from any defects that pose a danger to the health and safety of occupants, and must meet written
rehabilitation standards and local codes and ordinances at project completion. Copies of final inspection
must be retained in the project files and submitted to the County upon submitting completion report.
Completed homes will be sold to eligible low-income first-time homebuyers. Properties will be acquired using
the Newtown CDC line of credit, following completion of environmental review requirements.
In addition to the requirements set forth in Section IV Compensation, Newtown CDC will execute a Deed of
Trust and Note provided by the CITY and naming the city as Beneficiary in order to secure any funds
provided to Newtown CDC as reimbursement for acquisition costs.
Upon resale of the property to an eligible buyer the CITY will provide a Deed of Release and Reconveyance
(By Beneficiary) for the secured acquisition funds.
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Section III Work Statement
Resale provisions will be used to ensure compliance with the period of affordability required by HUD at
92.254 of the HOME regulation. The affordability restrictions will be secured by a Community Land Trust
(CLT) Ground Lease and a Declaration of Affirmative Land Use Restrictions.
Community Land Trust (CLT) Ground Lease. Completed units shall be sold through the Newtown CDC
Community Land Trust (CLT) program in which the buyer purchases the improvements only and enters into
a 99-year CLT Ground Lease with Newtown CDC. The CLT Ground Lease contains provisions that require
the housing to be used as the buyer’s principal residence and restricts resale / transfer only to Low-Income
buyers. In addition, the CLT Ground Lease has a shared-appreciation provision that limits the sale price of
the housing and helps ensure affordability for future buyers. A Memorandum of Ground Lease and Right of
First Refusal are recorded. A “Performance” Deed of Trust is also recorded with the Newtown CDC as the
beneficiary; this ensures the Newtown CDC is notified in the event the owner of the improvements attempts
to refinance or transfer the property.
The shared appreciation provision conforms to Maricopa HOME Consortium Recapture / Resale Provisions:
“Fair Return” for leasehold properties is defined as the lessees purchase price, plus 25% of the lessee’s share
of the increase in leasehold value at time of resale based on a leasehold valuation performed by a duly licensed
appraiser.
Declaration of Affirmative Land Use Restrictions: Upon sale to an eligible buyer, a Declaration of
Affirmative Land Use Restrictive Covenant for HOME Project is executed between the CITY and
NEWTOWN CDC and recorded against the land to secure the Period of Affordability as required by HUD.
The Period of Affordability is based on the total amount of HOME funds invested in the housing.
Eligible buyers will be required to complete an approved homebuyer education class and homeownership
counseling. Eligible buyers will also be required to complete a Community Land Trust (CLT) orientation, at
which time the ground lease, resale restrictions, shared equity and all other provisions of the CLT program
are fully explained.
Beneficiaries: Five first time homebuyers at or below 80% of median income level, but above 60%. CHDO
will secure affordability through the Resale Provisions.
Beneficiaries income eligibility will be verified by Newtown CDC staff and will comply with 24 CFR
92.203(d)(1)
Consolidated Plan – Project will increase the supply of affordable rental units for low and very low income
households. High priority rated in the Consolidated Plan
A. OBJECTIVES AND OUTCOMES:
OUTCOMES
OBJECTIVE AVAILABILITY/
ACCESSIBILITY AFFORDABILITY SUSTAINABILITY
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Section III Work Statement
x
DECENT Single Family Homebuyer Activities, Acq/Rehab of
Housing Activities in a
HOUSING Housing Rehab and rental housing, Acq/New Construction
targeted revitalization
Emergency Rehab, of rental housing, Expansion of assisted
area
Homebuyer rental units in the private marketplace
Assistance
B. LOGIC MODEL: PERFORMANCE INDICATORS
OUTPUTS
INPUTS/RESOURCES ACTIVITIES PARTICIPATION OUTCOMES OBJECTIVES
Newtown CDC staff, Acquire and Five households. Increased Decent housing.
Funding, Contractors rehabilitate five (5) affordable
units of Affordable housing for low
Housing. mod income
families. Increase
in
homeownership,
improved
neighborhoods,
improved quality
of life.
C. SITE INFORMATION: Scattered sites in Tempe targeting zip codes 85281, 85282, 85283 Parties will
execute addenda to this agreement when specific parcels are identified..
D. PERFORMANCE REPORTING - GOALS:
Project Completion date: Must be completed within 24 months of contract execution
TIMELINE OF ACTIVITIES
START COMPLETION
MILESTONES: Tasks to be Performed
DATE DATE
Application/market study 1/14 2/14
Site selection 3/15 11/15
Environmental reviews to City of Tempe 3/15 12/15
Homeownership counseling/buyer preparation 3/15 12/16
Acquisition/rehabilitation of homes 4/15 10/16
Resale of properties to homeowners 6/15 2/17
Final Close-out /Project Completion Form 6/15 2/17
Any change to the Timeline will need to be approved by the COUNTY.
E. ACTIVITY FOLLOW-UP AND LONG TERM COMMITMENT:
The HOME units created will have a period of affordability of 15 years. During this time, the project will
be monitored annually and the units will be verified annually. The affordability standard is applied to
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Section III Work Statement
both the original homebuyer and subsequent purchaser and will be enforced by imposing deed
restrictions, covenants running with the land, or other similar mechanisms.
F. ACTIVITY BUDGET SUMMARY:
OTHER TOTAL
HOME CASH
ACTIVITY RESOURCES ACTIVITY
AMOUNT MATCH
AMOUNT BUDGET
Acquisition (c) $460,000 $300,000 $760,000
Demolition $ 0
New Construction $ 0
Reconstruction $ 0
Rehabilitation $275,000 $275,000
Relocation $ 0
Development Costs (b) $35,000 $35,000
Staff Costs (b) $ 0
Services (b) $ 0
Administration Costs $ 0
Development Fees 0 $80,000 $80,000
Other (Specify) $ 0
TOTALS $460,000 $ 0 $690,000 $1,150,000
(a) If match will be in the form of cash and will be used in this project only. Do not include non-cash
match in this budget.
(b) These costs must be address specific; otherwise, these costs must be considered administrative
costs.
(c) $2,500 per activity/property will be withheld from the total amount of HOME funds obligated to
each activity/address until a completion form is submitted by Newtown CDC.
G. ACTIVITY MATCH:
SPECIFIC
AMOUNT FORM OF MATCH
SOURCE
$115,000 IDEA / WISH Match Funds FHLB
TOTAL $115,000
H. SALES PRICE:
To ensure the homes are affordable for the target income groups, the sales prices shall be calculated
so that the Buyers' monthly housing expenses are 28% of their gross monthly household income.
Monthly housing expenses include principal, interest, property taxes, home insurance, HOA fees, and
monthly ground lease fees. Buyers' monthly housing expenses must be at least 24% and not exceed
33% of Buyer's gross monthly household income; unless there are documented compensating
factors.
Homebuyers may obtain only mortgage loans with a fixed term and interest rate; lender fees may not
exceed 5% of the mortgage amount.
The income of buyers shall be determined according to the requirements at 92.203.
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Section III Work Statement
In addition, the property has an estimated value after rehabilitation that does not exceed 95 percent
of the median purchase price for the area as described in 24 CFR 92.254(a)(2)(iii).
I. CHDO PROJECT PROCEEDS:
All proceeds generated from CHDO development activities shall be considered project proceeds and
subject to the project proceeds requirements set forth in HOME Program regulations. Project
proceeds shall be tracked by the CHDO. Documentation supporting the amount of project proceeds
received and expended shall be submitted on the periodic progress report, if requested by the
COUNTY. Project proceeds shall be retained and expended by the CHDO for acquisition and/or
rehabilitation of additional properties under this agreement.
J. CONVERSION TO RENTAL:
Any HOME homebuyer units that have not been sold to an eligible homebuyer within nine (9)
months of receipt of a Certificate of Occupancy must be converted to a HOME rental unit that
complies with all HOME requirements for the period of affordability applicable to such rental units,
according to 24 CFR 92.254(a)(3). If the vacant property is not converted, HOME funds must be
repaid to the COUNTY.
K. AFFORDABILITY REQUIREMENTS:
1. The housing that is acquired with HOME funds must be single family housing. The family or
individual acquiring the housing must qualify as Low Income and maintain the housing as the
principal residence throughout the Period of Affordability, which shall be for a period of 15
years in accordance with HOME program requirements.
2. Resale provisions (Attachment C) will be used to ensure compliance with the period of
affordability required by HUD at 92.254 of the HOME regulation. The affordability restrictions
will be secured by a Community Land Trust (CLT) Ground Lease and a Declaration of
Affirmative Land Use Restrictions and a Deed of Trust.
a.) CLT Ground Lease. Completed units shall be sold through Newtown’s Community Land
Trust (CLT) program in which the buyer purchases the improvements only and enters into a
99-year CLT Ground Lease with Newtown CDC. The CLT Ground Lease contains
provisions that require the housing to be used as the buyer’s principal residence and restricts
resale to only Low-Income buyers. In addition, the CLT Ground Lease has a shared-
appreciation provision that limits the sale price of the housing and helps ensure affordability
for future buyers. A Memorandum of Ground Lease and Right of First Refusal are
recorded. A “Performance” Deed of Trust is also recorded with the CHDO as the
beneficiary; this ensures the CHDO is notified in the event the owner of the improvements
attempts to refinance or transfer the property.
b.) Declaration of Affirmative Land Use Restrictions. Upon sale to an eligible buyer, a
Declaration of Affirmative Land Use Restrictions is executed between the CITY and CHDO
and recorded against the land to secure the Period of Affordability as required by HUD.
The Period of Affordability is based on the total amount of HOME funds invested in the
housing.
c.) Deed of Trust. Upon sale to an eligible buyer, a Deed of Trust is executed between the
CITY and CHDO and recorded against the land to secure the Period of Affordability as
required by HUD. The Period of Affordability is based on the total amount of HOME
funds invested in the housing.
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SECTION IV
COMPENSATION
MARICOPA COUNTY
HUMAN SERVICES DEPARTMENT
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Section IV Compensation
A. COMPENSATION
In accordance with federal regulations, including 24 CFR 92, the COUNTY is responsible for
ensuring the administration of HOME Program funds in accordance with all program requirements.
On behalf of the COUNTY, the ADMINISTRATOR is hereby designated to fulfill all
responsibilities in accordance with program requirements and as ADMINISTRATOR of the
Agreement and shall have all authority to determine performance and to take appropriate actions as
necessary.
A total of $2,500 per activity/property will be withheld from the total amount of HOME funds
obligated and disbursed to each activity/address until a Completion Form is submitted by Newtown
CDC.
Subject to the availability and authorization of funds for the explicit purposes set forth below,
COUNTY will pay the ADMINISTRATOR compensation for services rendered as indicated in the
following subsections.
B. METHOD OF PAYMENT
CHDO agrees to submit monthly reimbursement requests utilizing the approved Reimbursement
Request Form (See Sample) to the ADMINISTRATOR for approval unless monthly expenditures
for the activity do not exceed One Thousand Dollars ($1,000.00). CHDO may request funds only
after the CHDO has satisfied the funding contingencies and federal Environmental Review
conditions and has a written agreement in place for project activities. Request for reimbursement
must be made using the request for payment incorporated in this Agreement.
COUNTY agrees to reimburse the ADMINISTRATOR for actual allowable costs incurred, upon
certification of HUD Environmental Release of Funds and submittal by CHDO to the
ADMINISTRATOR of an itemized statement of actual expenditures incurred, supported by
appropriate documentation. Reimbursement by COUNTY is not to be construed as final in the event
that HUD disallows reimbursement for the Program or any portion thereof.
CHDO must maintain proof of said expenditures including checks, payrolls, time records, invoices,
contracts, vouchers, orders and other accounting documents evidencing in proper detail the nature
and propriety of the respective charges as may be required by applicable federal rules and regulations,
including requirements by the Federal Office of Management and Budget, and as may otherwise
reasonably required per the COUNTY and the ADMINISTRATOR to determine or confirm that
any such expenditures are pursuant and within the scope of work.
C. REIMBURSEMENT
The COUNTY shall provide financial assistance in an amount up to Four Hundred Sixty Thousand
dollars ($460,000) subject to the terms of this Agreement and availability of funds. This Agreement
price constitutes the COUNTY’s entire participation and obligation in the performance and
completion of all work to be performed under this Agreement.
D. RELEASE OF FUNDS (ROF)
No funds may be encumbered prior to the completion of the Environmental Review except
for exempt activities as described in 24 CFR 58.34(a)(1)-(11) that generally have no physical
impact on the environment. The Environmental Review Record (ERR) must be completed before
any funds are obligated. Funding is also conditioned upon the completion of the ERR of every
activity site by address. The responsibility for certifying the appropriate Environmental Review
Record and ROF shall rest with the COUNTY. It is the responsibility of the CHDO to notify the
COUNTY and the ADMINISTRATOR, and to refrain from making any commitments and
expenditures on a site until a Release of Funds has been issued by the COUNTY. Failure to meet
these conditions will mean that requested funds will not be disbursed.
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SECTION V
ATTACHMENTS
MARICOPA COUNTY
HUMAN SERVICES DEPARTMENT
Maricopa County Human Services Department Page 45

Section V Attachments
REIMBURSEMENT REQUEST FORM-SAMPLE
MARICOPA COUNTY HUMAN SERVICES DEPARTMENT FOR MCHSD USE ONLY
HOME INVESTMENT PARTNERSHIPS PROGRAM ALLOCATION 14/15 $ 460,000.00
Invoice Date: BALANCE $ 460,000.00
CHDO Developer: Newtown CDC
Address: 511 W. University Dr.#4
City/Zip: Tempe, AZ 85281
FISCAL YEAR GOAL: Acq/Rehab of up to 5 single family homes
ACCOMPLISMENTS: Affordable Housing
FY 14/15
PROJECT BUDGET
SUM OF
ACTIVITY PRIOR THIS INVOICE
IDIS # ACTIVITY BUDGET INVOICES TO MCHSD BALANCE MATCH APPLIED
Acq/Resale of SF homes
Property #1 $ - $ -
Property #2 $ - $ -
Property #3 $ - $ -
Property #4
Property #5
SUB TOTAL $ - $ - $ - $ -
TOTALS $ 460,000.00 $ - $ - $ - $ -
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Section V Attachments
ATTACHMENT A
AFFORDABILITY
(Does not apply to single family rehabilitation)
The CHDO agrees to comply with the specific provisions of 24 CFR Part 92, Subpart F, in addition to the following
requirements.
I. HOMEOWNERSHIP PROGRAMS (Homebuyers)
Properties must be affordable to low-income purchasers. Affordability is achieved if the monthly payments for
principal, interest, property taxes and insurance do not exceed 30% of the gross income of a homebuyer.
The affordability standard is applied to both the original homebuyer and subsequent purchaser and must be enforced
by imposing deed restrictions, covenants running with the land, or other similar mechanisms. The purchase
agreement must require repayment of the funds if the housing does not meet the affordability requirements for the
specified time period. The term of affordability for subsequent purchase single-family projects shall be up to 15 years
after the property is sold to the new homeowner. The actual term of the affordability standard is determined by the
type of property being occupied as a new homeownership initiative. If the property is new construction the term is
15 years. If the property is an existing structure, the term of affordability is 5 years if $15,000 or less of HOME
money is utilized, 10 years for $15,000 to $40,000 and 15 years for amounts over $40,000. These terms of
affordability remain in existence from the time of initial purchase by the original homebuyer.
Any changes to this policy will be clearly defined in the Work Statement.
II. RENTAL PROGRAMS *
Every HOME assisted unit is subject to rent controls, which insure rents are affordable to low-income families.
There are two rental rates assigned to the HOME assisted units known as High and Low rental rates.
High rental rates are required for up to 80% of the HOME assisted rental units and must be the lesser of:
• Section 8 Fair Market Rents (FMR's) or area-wide exception rents for existing housing minus tenant paid
utilities;
OR
• Rents which are 30% of the adjusted income for households at 65% of median income or area-wide exception
rents minus tenant paid utilities;
Low rental rates are required for at least 20% of the HOME assisted units in projects with five or more HOME
assisted units and must be:
• Equal to 30% of annual incomes for households at 50% of median income minus tenant paid utilities.
* Note: Calculations and current standards for FMR's, status of area rent exceptions, median income standards and High or Low rental
rates vary annually. The most current figures must be used throughout the period of affordability. These can be obtained from the local
HUD Office or the COUNTY.
UTILITIES -
The maximum allowable rent must be reduced if the tenant pays for utilities. The FMR's provided on which rental
rates are calculated include all utilities except telephone. (Included in FMR are allowances for water, gas, electrical
and associated combined utility fees for municipal trash removal, etc.) If the tenant pays for any of them then the
rent must be reduced accordingly. Any proposed utility adjustment other than a reduction of rent for tenant paid
utilities must be approved by the AGENCY in advance.
BASIC CALCULATION FOR AFFORDABLE HOME RENTAL RATES -
High rent calculations for 80% of HOME assisted units:
Obtain the area FMR's by bedroom size and/or any area wide rent exceptions. This information is available from the
COUNTY. Obtain the maximum rents, based on the number of bedrooms for families earning 65% of median
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Section V Attachments
income. Again, this information is available from the COUNTY. The lower of the above two calculations provides
the high rent for 80% of the HOME assisted units.
Low rent calculations for 20% of HOME assisted units:
Obtain from the COUNTY the rents allowed by bedroom size for families earning 50% of median income. This is
your low rent rate for 20% of the HOME assisted units.
Adjust this figure by subtracting any tenant paid utilities.
TERM OF RENT CONTROL - *
Rent control term is determined by the average amount of HOME investment per unit as follows:
(a) All New Construction or Acquisition of New Housing has a minimum affordability period of 20 years.
(b) Where units are rehabilitated or purchased as existing units the following terms of affordability apply:
(1) Where the average investment per unit is less than $15,000 there is a 5-year minimum period of
affordability.
(2) Where the average investment per unit is $15,000 to $40,000 there is a 10-year minimum period of
affordability.
(3) Where the average investment per unit is over $40,000 there is a 15-year minimum period of
affordability.
* If the individual project is FHA insured, the term of affordability is the term of the mortgage insurance or the specified minimum for the
investment, whichever is greater.
GENERAL RENT AFFORDABILITY CONSIDERATIONS -
Monthly rents and unit allowances must be recalculated annually by the owner of the units.
Annual publications of Fair Market Rents (FMR) are available from HUD or the COUNTY, so new rent rates can be
established. This means according to the FMR HOME High or Low rental rates may increase or decrease.
HOME Family Income Limits are calculated periodically by HUD and available from the local HUD office.
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Section V Attachments
ATTACHMENT B
BASIC THRESHOLD REQUIREMENTS
MAXIMUM PER UNIT SUBSIDY
Minimum per unit investment must be no less than $1000.
1. Homebuyers
a. The purchaser’s income may not exceed 80% of the median income for Phoenix.
b. The purchaser must occupy the new property as their principal residence.
c. The appraised value of the property to be acquired must not exceed 95% of median area purchase
price of existing housing per 92.254(a)(2)(iii)s for the type of housing being purchased. Any
rehabilitation costs must also be included in this limit.
d. The property must remain affordable to a subsequent buyer and the approved Maricopa HOME
Consortium Resale restrictions must be included in the purchase deed restrictions.
2. Rental Housing Production
a. Rents must be controlled in accordance with Section 8 guidelines for the Phoenix area. (See
Affordability, Attachment A)
b. Tenants must be low income,
1) 20% of units must be occupied by persons whose income is at or below 50% of the Phoenix
median income.
2) Persons whose income is below 80% of the Phoenix median income must occupy the balance
of the units. If there are more than five units in a project, then at least 20% of the units must
be occupied by persons whose income is at or below 50% of the Phoenix median income.
c. Maximum subsidy limits established by HUD cannot be exceeded.
d. Special accessibility requirements apply to some rental projects.
3. Energy Saving Requirements
HUD funds utilized in housing programs require specific energy efficient procedures. All new
construction must comply with the current edition of Council of American Building Officials (CABO)
Model Energy Code in accordance with Part 92.251 and the International Energy Conservation Code.
Substantial rehabilitation must comply with the HUD Cost Effective Energy Conservation and
Effectiveness Standards (CEECS) in 24 Part 39. In other rehabilitation activities, the below measures are
to be incorporated that are cost effective. Independent studies by public finance and economic
development firms have proved that up front energy saving techniques are amortized in a few years by
savings in resultant lower electric and gas utility payments made by residents of affordable housing.
In order to comply with these energy saving requirements in the Phoenix area, it will be necessary to
provide an insulation envelope that includes R-19 values in walls and R-30 in ceilings/roofs. An approved
vapor barrier must be included with the exterior insulation. All cracks and voids in the exterior building
envelope shall be sealed to prevent air infiltration that can count for as much as 40% of energy loss. Ducts
installed in uncooled spaces must have R-6 insulation. Thermostats are to be installed that control
temperature ranges from 55o to 85o F and located away from heat generating devices such as refrigerators.
In addition, windows will be reduced in size to the minimum area and shall be double-glazing. Sun struck
windows are to be covered with sun screens.
Additional considerations might include the use of vinyl framed windows (with improved ultraviolet barrier
provisions) in lieu of wood or metal framing as they are generally lower cost and do not require periodic
painting. Limit the use of dark colored roofs and walls as they absorb heat to a greater degree. The use of
high-efficiency energy heat pumps will provide heating and cooling at the same installation cost of separate
evaporative cooler and furnace systems. Ceiling fans will extend the comfort range of occupants to the low
80's and operate at low cost. If reduced air infiltration envelopes described above are installed, the energy
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costs have been demonstrated to be the same or lower for the average informed homeowner utilizing heat
pump systems. Experience has demonstrated significant lack of proper maintenance of evaporative
coolers that ultimately cause extensive roof repairs and frequent cooler replacements, increasing long-term
costs to the homeowner.
HUD has provided a Model Energy Code Compliance Guide, MECheck Manual, HUD-1560-PDR dated
October 1995. The specific features of individual house plans and designs can be individually reviewed
with a software version of MECheck, however the above measures prescribed in the Compliance Guide will
satisfy the required energy savings in a vast majority of affordable home plans that are utilized in the
Phoenix area.
4. Lead-Based Hazards
Any activity that receives HOME funds must comply with 24 CFR 92.355 § Part 35, including first-time
homebuyer programs and rental assistance programs, as well as rehab activities. HOME funds can be
targeted to specific units; however, all units in the assisted building are subject to lead-based paint hazard
controls.
Notification of lead-based hazards is required for tenants, purchasers, and owner-occupants of all HOME
assisted units constructed before 1978.
Defective paint surfaces in all units constructed before 1978 will be inspected regardless of the occupancy
of the unit.
If the unit houses a child under 7 who has an EBB greater than 25, all interior and exterior chewable
surfaces must be tested with an XRF tester. If lead-based paint is found, the surfaces must be treated
according to Part 35. It is permissible to not test and treat all surfaces according to Part 35.
5. Property Standards
All housing will meet property standards of 24 CFR 92.251, including Uniform Physical Condition
Standards (UPCS) pursuant to 24 CFR 5.703, upon project completion and during the period of
affordability.
Housing that is constructed or rehabilitated with HUD funds must meet all applicable local codes,
rehabilitation standards, ordinances and zoning ordinances at the time of project completion. Housing
must be safe, decent and sanitary.
. New construction projects must also meet the accessibility requirements as outlined in 24 CFR 92.251
(a)(2)(i) which implements Section 504 of the Rehabilitation Act of 1973 and Titles II and III of the
Americans with Disabilities Act. The County will conduct progress and final inspections of construction
to ensure that work is done in accordance with the applicable codes, the construction contract, and
construction documents.
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ATTACHMENT C
RESALE PROVISIONS
Definitions:
“Affordability Period or Period of Affordability”— As defined by HUD at 92.254 of the HOME regulations
the period of affordability is determined by the total investment of HOME funds in the unit, regardless of
whether or not the funds are reflected in buyer financing. The period of affordability varies with the level of
HOME Funds or project proceeds provided as reflected in the following table outlines the required minimum
affordability periods for homebuyer projects that are subject to resale restrictions:
HOME Funds/Project Affordability Period
Proceeds Provided
<$15,000 5 years
$15,001 to $40,000 10 years
>$40,001 15 years
“Affordable price” is a price at or below the amount that a low income family (at or below 80% AMI) in
which the family is paying no more than 30% of their monthly income for the payment of mortgage principal
and interest, property taxes, and insurance (PITI).
“Affordable to a range of low-income buyers” means that a sales price also cannot exceed a price that is
affordable to households at or below 80% of the area median income (AMI).
“Community Land Trust Ground Lease” is a 99-year CLT Ground Lease between the buyer and Newtown
CDC. which contains provisions that: a.) require the housing to be used as the buyer’s principal residence; b.)
restricts resale / transfer only to Low-Income buyers; c.) has a shared-appreciation provision that limits the
sale price of the housing and helps ensure affordability for future buyers;
“Declaration of Affirmative Land Use Restrictions” is a document executed between the CITY and Newtown
CDC and recorded against the land to secure the Period of Affordability as required by HUD. The Period of
Affordability is based on the total amount of HOME funds invested in the housing.
“Eligible low-income households” are households whose annual incomes do not exceed 80% of the median
income for the area as determined by HUD with adjustments for family size and the housing must be
occupied by the low-income household as its principal residence throughout the affordability period.
“Fair Return to Seller” for leasehold properties is defined as the lessees purchase price, plus 25% of the
lessee’s share of the increase in leasehold value at time of resale based on a leasehold valuation performed by
a duly licensed appraiser.
“Improvements” refers to the single family dwelling which the buyer purchases for use as the buyer’s
principal residence and does not include the land upon which the dwelling is located.
“Performance Deed of Trust” is a deed between the buyer and Newtown CDC listing Newtown CDC as the
beneficiary; this ensures that Newtown CDC is notified in the event the owner of the improvements attempts
to refinance or transfer the property.
“Right of First Refusal” guarantees Newtown CDC the first right to purchase the improvements in the event
the buyer seeks to sell the improvements. The Right of First Refusal is part of the Community Land Trust
Ground Lease and is recorded as a separate document.
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RESALE PROVISIONS
Resale Provisions will be used to ensure compliance with the period of affordability required by HUD at
92.254 of the HOME regulation. Resale restrictions will ensure that housing assisted with HOME funds is
made available for resale only to HOME program eligible low-income households that will use the property
as their principal residence. The resale restrictions will be secured by a Community Land Trust (CLT) Ground
Lease and the Affordability Period will be secured by the Declaration of Affirmative Land Use Restrictions.
The Declaration of Affirmative Land Use Restrictions is executed between the CITY and Newtown CDC
and is recorded against the land to secure the total HOME investment in the property as well as the Period of
Affordability as required by HUD.
Notwithstanding the foregoing, pursuant to 24 CFR 92.254(a)(5)(i)(A)) the restriction may be extinguished by
a third-party lender in the event of foreclosure, transfer in lieu of foreclosure or assignment in order to clear
title.
The CLT Ground Lease will include provisions that require the housing to be used as the buyer’s principal
residence and restricts resale / transfer only to Eligible Low-Income buyers. In addition, the CLT Ground
Lease will include a shared-appreciation provision that limits the sale price of the housing and helps ensure
affordability for future buyers. A Memorandum of Ground Lease and Right of First Refusal will be recorded
at closing. A “Performance” Deed of Trust will also be recorded listing Newtown CDC as the beneficiary;
ensuring that the Newtown CDC is notified in the event the owner of the improvements attempts to
refinance or transfer the property.
The shared appreciation provision will conform to Maricopa HOME Consortium Recapture / Resale
Provisions: Upon resale, the CHDO and seller will share in the appreciation of the property. The seller will
receive a fair return as defined herein.
The seller must have the HOME eligible buyer and sales price approved by the CHDO,
ADMINISTRATOR, and/or the COUNTY.
If the fair market value of a HOME assisted property subject to resale provisions is more than what is
affordable to the subsequent low-income purchaser, the additional HOME assistance may be provided by the
CHDO, ADMINISTRATOR and/or the COUNTY.
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ATTACHMENT D
MBE/WBE PROVISIONS
CHDO shall conduct all procurement transactions in a manner to provide, to the maximum extent practical,
open and free competition. According to 24 CFR 84, CDHO shall make information on forthcoming
opportunities available and arrange time frames for purchases and contracts to encourage and facilitate
participation by small and minority businesses and women’s business enterprises.
Per 24 CFR 85.36 ( c ) (4), grantees and subgrantees will ensure that all prequalified lists of persons, firms, or
products which are used in acquiring goods and services are current and include enough qualified sources to
ensure maximum open and free competition. Also, grantees and subgrantees will not preclude potential
bidders from qualifying during the solicitation period. Further, 24 CFR 85.36 (e) (2) (I) requires that
qualified small and minority businesses and women’s business enterprises are to be placed on solicitation lists.
Any solicitation list utilized by the CHDO for procurement purposes must be open and inclusive, and
routinely updated and managed to provide timely and up to date information on vendors available to provide
the necessary services and products. A solicitation list is any properly developed database, classification or
categorizing of potential service providers that provides information on the capabilities and resources of
providers.
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ATTACHMENT E
RELIGIOUS ORGANIZATIONS
Organizations that are religious or faith-based are eligible, on the same basis as any other organization, to
participate in the HOME program. Organizations funded under the HOME program may not engage in
inherently religious activities, such as worship, religious instruction, or proselytization, as part of the
assistance funded with HOME. If an organization conducts such activities, the activities must be offered
separately, in time or location, from the HOME funded assistance and participation must be voluntary for the
beneficiaries of the HOME assistance provided. HOME funds may not be used to support any inherently
religious activities. A HOME-funded organization shall not discriminate, in providing program assistance,
against a program beneficiary or prospective program beneficiary on the basis of religion or religious belief.
A religious organization that participates in the HOME program will retain its independence from federal,
state and local governments, and may continue to carry out its mission including the definition, practice and
expression of its religious beliefs. A HOME-funded religious organization retains its authority over its
internal governance and it may retain religious terms in its organization’s name, select its board members on a
religious basis and include religious references in its mission statements and other governing documents.
Faith-based organizations may use space in their facilities, without removing religious art, icons, scriptures, or
other religious symbols.
HOME funds may not be used for the acquisition, construction, or rehabilitation of structures to the extent
that those structures are used for inherently religious activities. HOME funds may be used for the
acquisition, construction, or rehabilitation of structures only to the extent that those structures are used for
conducting eligible activities under this part. Where a structure is used for both eligible and inherently
religious activities, HOME funds may not exceed the cost of those portions of the acquisition, construction,
or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements
applicable to HOME funds. Sanctuaries, chapels, or other rooms used as its principal place of worship, are
ineligible for HOME-funded improvements. Disposition of real property after the term of the grant, or any
change in use of the property during the term of the grant, is subject to government-wide regulations
governing real property disposition. (See 24 CFR Parts 84 and 85).
If a state or local government voluntarily contributes its own funds to supplement federally funded activities,
the state or local government has the option to segregate the federal funds or commingle them. However, if
the funds are commingled, this section applies to all of the commingled funds.
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ATTACHMENT F
REQUEST FOR REIMBURSEMENT COVER LETTER AND CERTIFICATION
LETTERHEAD
Date
Amy Jacobson, Assistant Director
Maricopa County Human Services Department
234 N. Central Avenue, 3rd Floor
Phoenix, AZ 85004
Dear Ms. Jacobson:
Subject: Reimbursement Request
FY 2015 CHDO
The (name of CHDO) is hereby requesting $ of its HOME funds
allocation for reimbursement of expenditures for the following programs/activities:
IDIS# Amount Requested $
Address/Activity
Environmental Release Date
This letter will certify that the (name of CHDO) has complied with the requirements of the HUD,
Maricopa County Community Development, and the specific requirements of the HOME program
in the administration of the above-referenced programs/activities. (name of CHDO) additionally
certifies that financial documents, environmental reviews, and the project files as required under the
HOME program are on file at our office. The required match is certified to be from non-federal
sources and has not been previously used. (Or: No match is required)
Enclosed with this request are the following:
1. Match documentation
2. Expense documentation
3. HUD 1 statement (as applicable for acquisitions)
4. Other documentation or certifications as needed
If there are any questions, please contact at (phone number) or
email@xxx.gov.
Sincerely,
Name
Title
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ATTACHMENT G
HOME FUNDS MATCH CERTIFICATION
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ATTACHMENT H
CHDO PROGRESS REPORT
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