GUADALUPE CHDO AGREEMENT.PDF

GRANT AGREEMENT
for services among
MARICOPA COUNTY
Administered by its
Human Services Department
And
Guadalupe Community Development Corporation (CHDO)
Contract Amount: $100,000
Contract Start Date: July 1, 2014
Contract Termination Date: June 30, 2015
Contract Number: C-22-15-005-3-00
Program Number:
CFDA Number: 14.239, HOME Investment Partnerships Program
This Grant Agreement (“Agreement”) is entered into by and among Guadalupe Community Development
Corporation (Guadalupe CDC) (hereinafter referred to as the “CHDO”), the Town of Guadalupe
(hereinafter referred to as the “Administrator”) and Maricopa County, administered by its Human Services
Department, (hereinafter referred to as the “County or Agency”). The CHDO, the Administrator and
County are collectively referred to herein as the “Parties” and individually as a “Party.” The CHDO and the
Administrator, for and in consideration of the covenants and conditions set forth in this Agreement, shall
perform the work as specifically set forth herein. All rights and obligations of the Parties shall be governed
by the terms of this Agreement, its exhibits, attachments, and appendices, including any subcontracts,
amendments, or change orders as set forth herein and in:
Section I – General Provisions
Section II – Special Provisions
- CHDO HOME Certification
- Jurisdiction Certification
- Appendix to Certifications
- Attachments A - K
Section III – Work Statement
Section IV – Compensation
CHDO Representative: Cristina Campoy, Executive Director
Phone: 480-248-9656
E-mail: guadcdc@cox.net
Address: 5933 E. Calle Milagros, Guadalupe, AZ 85283
Maricopa County Representative: Amy Jacobson, Assistant Director - Community Development
Phone: 602-372-1528
E-mail: jacobsona@mail.maricopa.gov
Address: 234 N. Central Avenue, Third Floor, Phoenix, AZ 85004

Notices 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 or the County in any State or federal court.
IN WITNESS THEREOF, the Parties have signed this Agreement:
Approved By:
Approved By:
Guadalupe Community Development Corporation
MARICOPA COUNTY
CHDO
_____________________________________
Chairman, Board of Supervisors
_____________________________________
_____________________________________ _____________________________________
NAME DATE
Attested to:
_____________________________________
ITS
______________________________________
_____________________________________ Clerk, Board of Supervisors
DATE
______________________________________
DATE
IN ACCORDANCE WITH A.R.S. §§ 11-952, 11-201, AND 11-251, THIS AGREEMENT HAS BEEN REVIEWED BY
THE UNDERSIGNED DEPUTY COUNTY ATTORNEY WHO HAS DETERMINED THAT THIS AGREEMENT IS
PROPER IN FORM AND WITHIN THE POWER AND AUTHORITY GRANTED TO THE COUNTY UNDER THE LAWS
OF THE STATE OF ARIZONA.
APPROVED AS TO FORM:
Attorney for the Board of Supervisors
DATE

SECTION I
GENERAL PROVISIONS
Maricopa County
Human Services Department

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 or town listed on the Cover Page of this Agreement.
2. Agreement means this Grant Agreement among CHDO, Administrator and Maricopa County,
administered by its Human Services Department.
3. Assistant Director means the Assistant Director of the Community Development Division of
the Human Services Department.
4. Board of Supervisors means the Maricopa County Board of Supervisors.
5. CHDO means the person, firm or organization listed on the Cover Page of this Agreement.
6. Contract Authority means the person administering this Agreement on behalf of the
Department
7. Contract Specialist means the liaison between the Department and the Administrator that is
responsible for contract monitoring and technical assistance.
8. County means Maricopa County.
9. Department means the Maricopa County Human Services Department.
10. Director means the Director of the Maricopa County Human Services Department.
11. Division means the Community Development Division of the Human Services Department.
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. Intergovernmental Agreement means an agreement entered between two or more public
agencies for services, to jointly exercise any power common to them, or for joint or cooperative
action to perform some or all of the services specified in their agreement as provided by A.R.S. §
11-952.
14. Juvenile means any person under the age of eighteen (18).
15. Payment Bond means a bond executed to assure payment as required by law of all persons
performing work or providing materials in the execution of the work provided under this
Agreement.
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16. Performance Bond means a bond executed to secure fulfillment of all of the CHDO’s
obligations under this Agreement.
17. Program Manager means the Assistant Director of the Community Development Division of
the Human Services Department.
18. Public Agency has the meaning prescribed by A.R.S. § 11-951.
19. 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.
20. Subcontractor means an entity funded through the CHDO to provide any work or services
required by the Work Statement.
21. Work Statement means the section of this Agreement that contains a description of the 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. Any lawsuit
arising out of this Agreement shall be brought in the appropriate court in Maricopa County,
Arizona.
2. The CHDO and the Administrator shall, without limitation, obtain and maintain all licenses,
permits, and authority necessary to do business, render services, and perform work under this
Agreement, and shall comply with all laws regarding unemployment insurance, disability
insurance, and workers’ compensation.
3. Each of the CHDO and the Administrator is an independent contractor in the performance of
work and the provision of services under this Agreement and is not to be considered an officer,
employee, or agent of the County.
4. Neither CHDO nor the Administrator shall make any payments, either directly or indirectly, to
any person, partnership, corporation, trust, or other organization that has a substantial interest in
either CHDO’s or the Administrator’s organization or with which either CHDO or
Administrator (or one of its council members, directors, officers, owners, trust certificate holders,
or a relative thereof) has a substantial interest, unless either CHDO or the Administrator has
made full written disclosure of the proposed payments to the Department and has received
written approval therefore.
5. For purposes of this provision, the terms "substantial interest" and "relative" shall have the
meanings prescribed by A.R.S. § 38-502.
D. AMENDMENTS
All amendments to this Agreement shall be in writing and signed by authorized signers for all Parties.
E. ASSIGNMENT AND SUBCONTRACTING
No right, liability, obligation, or duty under this Agreement may be assigned, delegated, or subcontracted,
in whole or in part, without the prior written approval of the County. To the extent specified in the
Agreement, the CHDO or the Administrator, as applicable, 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.
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Section I General Provisions
F. 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 either CHDO or the Administrator, 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 both CHDO and the Administrator fully informed as to the availability of
funds.
2. If any action is taken by any State agency, federal department, or any other agency or
instrumentality to suspend, decrease, or terminate its fiscal obligation under, or in connection with
this Agreement, the Board of Supervisors may amend, suspend, decrease, or terminate its
obligations under or in connection with this Agreement. In the event of termination, the County
shall be liable for payment only for services rendered prior to the effective date of the
termination, provided that such services performed are in accordance with the provisions of this
Agreement. The Department shall give written notice of the effective date of any suspension,
amendment, or termination under this section at least ten (10) calendar days in advance.
G. BUDGET ADJUSTMENTS
Any requests for reasonable budget adjustments shall be submitted ninety (90) days prior to the expiration
of this Agreement. Requests for adjustments to this Agreement shall be supported by appropriate
documentation. If the County agrees to the budget adjustments, the County shall follow section D of this
Agreement to amend this Agreement.
H. DISPUTES
1. Except as may otherwise be provided for in this Agreement, any dispute arising out of this
Agreement that is not resolved among 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 shall be in writing and filed with either the CHDO or the Administrator, as applicable,
and the Contract Authority, if one has been appointed, or, if not, with the County Procurement
Officer within ten (10) working days from the date either the CHDO or the Administrator knew
or should have known of the basis of the dispute. The Contract Authority or County
Procurement Officer, as applicable, shall respond in writing to both the CHDO and the
Administrator within fourteen (14) working days. The decision of the Contract Authority or
County Procurement Officer shall be final and conclusive unless, within seven (7) working days
from the date that the CHDO and the Administrator are served with the decision, either the
CHDO or the Administrator, as applicable, files a written notice of appeal with the Director of
the Materials Management Department of the County, who shall provide both the CHDO and
the Administrator with a written response within fourteen (14) working days following receipt of
the notice of appeal filed by either the CHDO or the Administrator, as applicable. The decision
of the Director shall be final.
3. Pending a final decision of the Director of the Materials Management Department, both the
CHDO and the Administrator shall proceed diligently with the performance of this Agreement in
accordance with the Contract Authority or County Procurement Officer’s decision.
I. DEFAULT
This Agreement may be immediately terminated by any Party if another Party fails to perform any
objective or breaches any obligation under this Agreement, or any event occurs that jeopardizes any
Party’s ability to perform any of its obligations under this Agreement. The County reserves the right to
have service provided by persons other than either the CHDO or the Administrator if either the CHDO
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or the Administrator, as applicable, is unable or fails to provide required services with the specified time
frame.
J. TERMINATION
1. This Agreement is subject to cancellation in accordance with the provisions of A.R.S. § 38-511.
Notice is given that pursuant to A.R.S. § 38-511, any Party 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 any Party, 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. Either
Party 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 any Party from
any other Party to this Agreement arising as the result of this Agreement.
2. Either Party may terminate this Agreement at any time by giving the other Party at least sixty (60)
calendar days prior notice in writing (unless terminated by the Board of Supervisors under the
Availability of Funds provision). The notice shall be given by personal delivery or by registered or
certified mail, postage prepaid and return receipt requested, to the persons at the addresses set
forth on Page One of this Agreement.
3. This Agreement may be terminated by mutual written agreement of the Parties specifying the
termination date therein.
4. The County has the right to terminate this Agreement upon twenty-four (24) hour notice when
the County deems the health or welfare of the service recipients are endangered or the CHDO’s
or the Administrator non-compliance, as applicable, jeopardizes funding source financial
participation. If not terminated by one of the above methods, this Agreement will terminate
upon the expiration of the term of this Agreement stated on the Page One of this Agreement.
K. SEVERABILITY
Any provision of this Agreement that is determined to be invalid, void, or illegal by a court shall in no way
affect, impair, or invalidate any other provision hereof, and the remaining provisions shall remain in full
force and effect.
L. STRICT COMPLIANCE
The Department’s acceptance of either the CHDO’s or the Administrator’s performance that is not in
strict compliance with the terms of this Agreement shall not be deemed to waive the requirements of strict
compliance for all future performance. All changes in performance obligations under this Agreement shall
be in writing and signed by all Parties.
M. NON-LIABILITY
Each Party, each Party’s officers, representatives, agents and employees shall not be liable for any act or
omission by any other Party or any other Party’s officer, representative, agent or employee occurring in the
performance of this Agreement, nor shall these entities be liable for purchases or contracts made by any
other Party or any other Party’s officer, representative, agent and employee in connection with this
Agreement.
N. RECIPROCAL INDEMNIFICATION
Each Party (as “Indemnitor”) agrees to indemnify, defend, and hold harmless the other Party (as
“Indemnitee”) from and against all claims, losses, liability, costs, or expenses (including reasonable
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attorneys’ fees, expert witnesses’ fees and other litigation costs) (hereinafter collectively referred to as
“Claims”) arising out of bodily injury (including death) of any person or property damage, but only to the
extent that such claims, which result in vicarious liability to the Indemnitee, are caused by the act,
omission, negligence, misconduct, or other fault of the Indemnitor, its officers, officials, agents,
employees, or volunteers.
O. TECHNICAL ASSISTANCE
The Department shall provide reasonable technical assistance to the CHDO and the Administrator 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 either the CHDO or the Administrator of full
responsibility and accountability for its actions and performance in compliance with the terms of this
Agreement.
P. SINGLE AUDIT ACT REQUIREMENTS
Contractors 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 and the Administrator shall comply with OMB Circular A-133. Upon
completion, such audits shall be made available for public inspection. Audits shall be submitted within the
twelve (12) months following the close of the fiscal year. If necessary, the CHDO and the Administrator
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 if either the CHDO or the Administrator is
not in compliance with the audit requirements.
Q. 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 shall 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 shall notify the CHDO in writing of the disallowance and the required course of
action, which shall be at the option of the Department to either 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.
R. STAFF AND VOLUNTEER TRAINING
The Department may make available to both the CHDO and the Administrator the opportunity to
participate in any applicable training activities conducted by the Department.
S. CLEAN AIR ACT
If the total face value of this Agreement exceeds $100,000, both the CHDO and the Administrator shall
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 under this
Agreement.
T. LOBBYING
1. No federal appropriated funds have been paid or will be paid by or on behalf of either the
CHDO or the Administrator 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
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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, either the CHDO or
the Administrator, as applicable, shall complete and submit OMB Form-LLL, titled "Disclosure
of Lobbying Activities," in accordance with its instructions and 31 U.S.C. § 1352.
U. RELIGIOUS ACTIVITIES
The CHDO warrants that none of its costs incurred by any Subcontractor will include any expense for any
religious activity.
V. POLITICAL ACTIVITY PROHIBITED
None of the funds, materials, property, or services contributed by the Parties under this Agreement shall
be used for any partisan political activity or to further the election or defeat of any candidate for public
office.
W. COVENANT AGAINST CONTINGENT FEES
Both the CHDO and the Administrator warrant that no person or entity has been employed or retained to
solicit or secure this Agreement upon an agreement or understanding for a commission, percentage,
brokerage or contingent fee. For breach or violation of this warranty, the County may immediately
terminate this Agreement without liability.
X. SAFEGUARDING OF PARTICIPANT INFORMATION
The use or disclosure by any Party of any information concerning an applicant for or recipient of services
under this Agreement is directly limited to the conduct of this Agreement. Both the CHDO and the
Administrator and their agents shall safeguard the confidentiality of this information, just as the CHDO
and the Administrator would safeguard their own confidential information. The CHDO shall include a
clause to this effect in all Subcontracts entered into in connection with this Agreement.
Y. RIGHTS IN DATA
The Parties shall have the use of data and reports resulting from this Agreement without cost or other
restriction, except as otherwise provided by law or applicable regulation. Each Party shall supply to the
other Party, upon request, any available information that is relevant to this Agreement and to the
performance hereunder.
Z. COPYRIGHTS
If this Agreement results in a book or other written material, the author is free to copyright the work, but
the County reserves a royalty-free, nonexclusive, perpetual and irrevocable license to reproduce, publish,
use, and to authorize others to use all copyrighted material and all material that can be copyrighted as a
result of this Agreement.
AA. PATENTS
Any discovery or invention arising out of, or developed in the course of, work aided by this Agreement
shall be promptly and fully reported to the Department for determination as to whether patent protection
on such invention or discovery shall be sought and how the rights in the invention or discovery, including
rights under any patent issued thereon, shall be disposed of and administered, in order to protect the
public interest.
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BB. CONTRACT COMPLIANCE MONITORING
The Department shall monitor both the CHDO’s and the Administrator’s compliance with, and
performance under, the terms and conditions of this Agreement. On-site visits for compliance monitoring
may be made by the Department and/or its grantor agencies at any time during the CHDO’s or the
Administrator’s, as applicable, normal business hours, announced or unannounced. During an on-site
visit, either the CHDO or the Administrator, as applicable, 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.
CC. CONTINGENCY RELATING TO OTHER CONTRACTS AND GRANTS
1. The CHDO and the Administrator shall each, during the term of this Agreement, immediately
inform the Contract Authority 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 either the CHDO or
the Administrator 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 Authority may request, and the CHDO and the Administrator, as applicable, shall
provide within a reasonable time, which shall not exceed ten (10) working days, a copy of such
other agreement or grant, when in the opinion of the Contract Authority the award of the
agreement or grant may affect the costs being paid or reimbursed under this Agreement.
3. If the Contract Authority determines that the award to the CHDO and the Administrator, as
applicable, of such other agreement or grant has affected the costs being paid or reimbursed
under this Agreement, the Contract Authority shall prepare an amendment to this Agreement
effecting a cost adjustment. If the CHDO and the Administrator, as applicable, disputes the
proposed cost adjustment, the dispute shall be resolved pursuant to the "Disputes" section
contained herein.
DD. MINIMUM WAGE REQUIREMENTS
The CHDO and the Administrator 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.).
EE. RECOGNITION OF DEPARTMENT SUPPORT
The CHDO and the Administrator shall give recognition to the Department, the County and the funding
source for its support when the CHDO or the Administrator publishes materials or releases public
information that is paid for in whole or in part with funds received by the CHDO or the Administrator
under this Agreement.
FF. 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
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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 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 Contractor 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 Contractor’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 $2,000,000 for each occurrence, $2,000,000 Products/Completed
Operations Aggregate, and $4,000,000 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
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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
AGREEMENT PAGE THE CHDO 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 $2,000,000 each occurrence
and provide the Department with proof of coverage.
GG. 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 Authority 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.
HH. GRIEVANCE PROCEDURE
The CHDO and the Administrator 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 and the Administrator’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 or the
Administrator’s level, as applicable.
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II. NONDISCRIMINATION
Neither the CHDO nor the Administrator, in connection with any service or other activity under this
Agreement, shall 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.
JJ. EQUAL EMPLOYMENT OPPORTUNITY
Neither the CHDO nor the Administrator shall not discriminate against any employee or applicant for
employment because of race, age, disability, color, religion, sex, or national origin. The CHDO and the
Administrator shall each take affirmative action to insure that applicants are employed and that employees
are treated during employment without regard to their race, age, disability, color, religion, sex, or national
origin. Such action shall include, but is not limited to, the following: employment, upgrading, demotion
or transfer, recruitment or recruitment advertising, lay-off or termination, rates of pay or other forms of
compensation, and selection for training, including apprenticeship. The CHDO and the Administrator
shall each, 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.
KK. 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.
LL. RETENTION OF RECORDS
1. This provision applies to all financial and programmatic records, supporting document, statistical
records, and other records of the CHDO and the Administrator that are related to this
Agreement.
2. The CHDO and the Administrator shall each retain all records related to this Agreement for six
(6) years after final payment or until after the resolution of any audit questions, which could be
more than six (6) years, whichever is longer. The Department, federal and State auditors, and any
other persons duly authorized by the Department, shall have full access to, and the right to
examine, copy, and make use of any and all of the records.
MM. ADEQUACY OF RECORDS
If the 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.
NN. 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’
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Section I General Provisions
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 Authority. At least three (3) bidders shall be solicited to submit written
quotations. The CHDO shall solicit written quotations by issuing a Request for
Quotation to at least three (3) vendors. The award shall be made to the lowest bidder
meeting specification requirements concerning price, conformity to specifications, and
other purchasing factors.
2. Supplies
The CHDO shall obtain all supplies to be utilized under this Agreement and purchased with
funds provided under this Agreement at the lowest practical cost and pursuant to a system of
written quotes whenever the price is expected to be greater than $300, unless the CHDO obtains
the Contract Authority’s prior written approval to purchase supplies by an alternate method.
3. Minority, Women, and Small Business Enterprises
The CHDO shall take affirmative steps to provide an opportunity for minorities, women, and
small businesses to compete in the procurement of equipment and supplies under this
Agreement.
4. If the Contractor is a Public Agency, the Contractor's own bidding procedures shall govern.
5. Funding source requirements relating to competitive bid procedures may supersede any or all
subparts of this clause and will be specified in the Special Provisions Section of this Agreement.
OO. 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 Authority 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.
PP. IMMIGRATION REFORM AND CONTROL COMPLIANCE
The CHDO and the Administrator shall comply with the Immigration Reform and Control Act of 1986
(Pub. L. No. 99-603) (“IRCA”) in performing under this Agreement, and shall grant the County access to
inspect its personnel records to verify such compliance.
QQ. DRUG FREE WORKPLACE ACT
The CHDO and the Administrator shall comply with the Drug-Free Workplace Act of 1988 (41 U.S.C. §§
701, et seq.), which requires that contractors and grantees of federal funds must certify that they will
provide drug-free workplaces. This certification is a precondition to receiving a grant or entering into this
Agreement.
RR. GOVERNOR’S EXECUTIVE ORDER NO. 88-26
The CHDO and the Administrator are required to use the Arizona Taxonomy of Human Services for
reporting and contracting purposes.
SS. 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 among the
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Section I General Provisions
Parties, and the rights and obligations of the Parties shall be only those expressly set forth in this
Agreement.
The Parties agree that no individual performing under this Agreement as an employee of, Subcontractor
for, or on behalf of either the CHDO or the Administrator may 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 and the Administrator shall each 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.
TT. CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY AND
VOLUNTARY EXCLUSION
The undersigned, by signing and submitting this Agreement, represents that he or she has the authority to
certify and bind the Party to the terms, representations and warrants of this Certification. Each Party,
defined as the primary participant in accordance with 45 C.F.R. Part 76, certifies to the best of its
knowledge and belief that it and its principals:
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 (1) 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, (2) the violation of any federal or State antitrust
statutes, or (3) the 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) above; 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; and
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 without liability.
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 C.F.R. Part
76.
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Section I General Provisions
Should the CHDO not be able to provide this Certification, an explanation as to why shall be immediately
provided to the Department, Attention: Amy Jacobson, 234 N. Central Ave. Third Floor, Phoenix, AZ
85004.
UU. VERIFICATION REGARDING COMPLIANCE WITH ARIZONA REVISED STATUTES §
23-214 AND FEDERAL IMMIGRATION LAWS AND REGULATIONS
By entering into this Agreement, the Parties represent and warrant 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. Each Party shall obtain statements from its
Subcontractors certifying compliance and shall furnish the statements to the Department upon request.
These representations and warranties shall remain in effect throughout the term of this Agreement. Each
Party and its Subcontractors shall also maintain Employment Eligibility Verification forms (I-9), as
required by the U.S. Department of Labor’s Immigration Reform and Control Act of 1986 (Pub. L. No.
99-603), for all employees performing work under the Contract. I-9 forms are available for download at
USCIS.GOV.
Each Party warrants that it is in compliance with A.R.S. § 41-4401 (e-verify requirements) and further
acknowledges:
1. Such Party and its Subcontractors, 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 any Party may immediately terminate this Agreement without liability;
2. That each Party and any contracting government entity retains the legal right to inspect the papers
and employment records of any Party’s or Subcontractor employee who performs any work
under this Agreement to ensure that the other Party and any Subcontractor is complying with the
warranty provided under subparagraph 1 above, and that each party 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 shall retain records the duration of the employee’s
employment or at least three (3) years, whichever is longer.
VV. CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO
INFORM EMPLOYEES OF WHISTLERBLOWER RIGHTS
1. The Parties agree that this Contract and employees working on this Contract will be subject to
the whistleblower rights and remedies in the pilot program on contractor employee
whistleblower protections established at 41 U.S.C. § 4712 by section 828 of the National
Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112–239) and section 3.908 of the
Federal Acquisition Regulation;
2. 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 CHDO and copies provided to County upon request; and
3. 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).
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Section II Special Provisions
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. (This provision is set forth in Paragraph A of
Section I.)
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 Agency to administer the Agreement on its behalf.
3. Agency means the Maricopa County Human Development which is the lead agency of the
Maricopa HOME Consortium.
4. BOS means the Maricopa County Board of Supervisors.
5. CD means Community Development.
6. CDAC means the Community Development Advisory Committee.
7. CDBG means Community Development Block Grant.
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.
10. Department means the Maricopa County Human Services Department.
11. Developer means an organization that owns property and develops the project or has the
contractual obligation to a property owner to develop a project.
12. Division means the Community Development Division of the Human Services Department.
13. Fiscal Year means a program year from July 1st to June 30th.
14. Grantee means an entitlement, participating jurisdiction (PJ) or recipient receiving HUD grant
funds. For this Agreement, the Grantee is Maricopa County receiving CDBG or HOME Program
funds.
15. HOME means HOME Investment Partnerships Program.
16. HUD means U.S. Department of Housing and Urban Development and is also a grantor.
17. 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.
18. Subrecipient means a public agency or nonprofit organization selected by a participating
jurisdiction to administer all or a portion of the participating jurisdiction’s CDBG or HOME
Program. For purposes of this Agreement, the CHDO is not a subrecipient.
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Section II Special Provisions
C. STANDARDS
The CHDO shall perform the work and provide the services identified in the Work Statement and shall
immediately notify the Administrator 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.
D. COMPLIANCE WITH LAWS, RULES & REGULATIONS
The CHDO shall comply with all applicable laws, rules, and regulations, without limitation to those
designated in this Agreement.
E. GENERAL PROVISIONS, SECTION I, SUPERSEDED BY SPECIAL PROVISIONS, SECTION II
1. “KK Financial Management” is superseded by the Special Provisions.
2. “RR Governor’s executive order no. 88-26” is deleted.
F. AUDIT REQUIREMENTS
In accordance with A.R.S. § 11-624, the CHDO shall, at its own expense, file with the Human Resources
Department/Community Development Division by March 30th, either:
1. Audited financial statements prepared in accordance with federal single audit requirements; or
2. Financial statements prepared in accordance with generally accepted accounting principles audited
by an independent certified public accountant.
G. SPECIAL FEDERAL AND PROJECT PROVISIONS
1. HOME PROGRAM ACTIVITY: In accordance with HOME Program regulations, the CHDO
shall implement the activity described in the Work Statement in accordance with the terms of the
overall Annual Action Plan submitted by the COUNTY to HUD for funds to carry out the activity
and the Certifications that 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 Activity is described in the
Work Statement, Section III.
2. AGREEMENT TERM: This Agreement shall commence when duly executed by the Parties and
shall continue in full force and effect until all HOME Program requirements have been satisfied.
CHDO shall comply with the stipulations in the close-out letter provided by the
ADMINISTRATOR detailing the ongoing HOME Program requirements and responsibilities.
3. HOME PROJECT PROCEEDS: All proceeds generated from CHDO development activities shall
be considered HOME project proceeds and subject to the requirements set forth in HOME
Program regulations. Project proceeds includes, but is not limited to: sales or lease returns on
investment; and payments of principal and interest on loans. Project proceeds shall be retained and
expended by the CHDO for: Acquisition, Rehabilitation and Resale for home buyer assistance.
4. HOME project proceeds may be retained and used by the CHDO subject to the following
conditions:
a. HOME project proceeds shall be tracked by the CHDO and accounted for in a separate fund
or account;
b. HOME project proceeds shall be expended for eligible HOME Program expenses before
additional HOME funds are requested; and
c. Documentation supporting the amount of HOME project proceeds received and expended
shall be submitted, if requested by the ADMINISTRATOR, with the Periodic Progress
Report.
HOME project proceeds that are not expended shall be forwarded to the AGENCY in accordance
with 24 C.F.R. § 92.503 (program income, project proceeds, repayments, and recaptured funds).
5. ADMINISTRATIVE REQUIREMENTS: In accordance with federal regulations, including 24
C.F.R. § 92, et seq., the ADMINISTRATOR is responsible for ensuring the administration of
HOME Program Funds in accordance with all program requirements.
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Section II Special Provisions
a. FINANCIAL RECORDS: The CHDO shall maintain its accounting system and financial
records in compliance with the applicable requirements and standards of OMB Circulars A-
110 (uniform administrative requirements for grants and agreements with institutions of higher
education, hospitals, and other non-profit organizations), A-122 (cost principles for non-profit
organizations), A-133 (audits of states, local governments, and non-profit organizations), and
24 C.F.R. Part 225 (cost principles for state, local, and Indian tribal governments - OMB
Circular A-87). Such systems shall be subject to monitoring from time to time by the
ADMINISTRATOR, the AGENCY and by HUD.
b. DOCUMENTATION AND RECORD KEEPING:
1) Records to be Maintained – The CHDO shall maintain all records required by the
federal regulations specified in 24 C.F.R. § 92.508 (recordkeeping) that are pertinent to
the activities to be funded under this Agreement. Such records shall include, but not be
limited to:
a) Records demonstrating that the CHDO is and remains a qualified CHDO;
b) Records providing a full description of each activity undertaken and its impact;
c) Records required determining the eligibility of activities;
d) Records that demonstrate compliance with environmental review requirements;
e) Records required to document the acquisition, improvement, use, or
disposition of real property acquired or improved with HOME assistance
(Properties retained shall continue to meet eligibility criteria);
f) Records that demonstrate compliance regarding acquisitions, displacement,
relocation, and replacement housing;
g) Records demonstrating continuing compliance for all activities and/or
compliance with resale or recapture provisions of the affordability standards;
h) Records documenting compliance with the fair housing and equal opportunity
components of the HOME program;
i) Financial records required by OMB Circular A-110;
j) Other records necessary to document compliance with HOME Program
requirements;
k) Records documenting compliance with Section 3 of the Housing and Urban
Development Act of 1968 (12 U.S.C. § 1701u and 24 C.F.R. Part 135);
l) Records that demonstrate compliance with deeds of trust, promissory notes,
and forgivable loans associated with owner-occupied housing activities;
m) 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; and
n) All Applicable federal, State, and local laws and regulations, including
compliance with A.R.S. § 1-501 (eligibility for federal public benefits) and § 1-
502 (eligibility for state or local public benefits) (Attachment A).
2) Outcome Measures – The CHDO shall maintain data that supports the
accomplishment of the desired outcomes as indicated in the Work Statement.
3) 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, AGENCY’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.
4) Activity Reports – The CHDO shall prepare such reports as required by the AGENCY,
including, but not limited to, HOME program Setup/Completion Reports, Monthly
Progress Reports, HOME project proceeds reports, match reports, MBE/WBE
information, and other HUD-required reporting data, as applicable.
5) Audits and Inspections – All CHDO records with respect to any matters covered by
this Agreement shall be made available to the ADMINISTRATOR, its designees, and
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Section II Special Provisions
the federal government, at any time during normal business hours, as often as the
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 forth-five (45) days after receipt by the CHDO.
Failure of the CHDO to comply with these audit requirements shall constitute a
violation of this Agreement and may result in the withholding of future payments. 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.
6) Performance Monitoring – The ADMINISTRATOR shall annually 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 shall
prepare for monitoring and assure that all required files and documentation are
available at scheduled monitoring. The CHDO’s failure to administer, implement, and
perform, as determined by federal regulations and by the 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.
6. ENVIRONMENTAL CONDITIONS:
a. The CHDO shall comply with: the National Environmental Policy Act of 1969 (Pub. L. No.
91-190; 42 U.S.C. §§ 4321, et seq.) pursuant to 40 C.F.R. Parts 1500 – 1508; Environmental
Review Procedures for Entities Assuming HUD Environmental Responsibilities pursuant to
Title 24 C.F.R. Part 58, Subpart A; HUD Community Planning and Development (“CPD”)
Notice 01-11 (Environmental Review and the HOME Investment Partnerships Program)
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:
1) Clean Air Act (42 U.S.C. § 7401, et seq.), as amended.
2) Federal Water Pollution Control Act (Clean Water Act), (33 U.S.C. §§ 1251, et seq.), as
amended, including § 1318 relating to inspection, monitoring, entry, reports, and
information, as well as other requirements specified in § 1318 (records, reports, and
inspections) and all regulations and guidelines issued thereunder.
3) Environmental Protection Agency (EPA) regulations pursuant to 40 C.F.R. Part 50
(national primary and secondary ambient air quality standards), as amended.
4) Conditions set forth by the County’s Air Quality Department and any other COUNTY
departments.
c. Flood Disaster Protection - In accordance with the requirements of the Flood Disaster
Protection Act of 1973 (42 U.S.C. §§ 4001, et seq.), 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 U.S.C. §§ 470, et seq.), as
amended, and the procedures set forth in 36 C.F.R. Part 800 (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 are listed or eligible for
the National Register of Historic places, or included on any State or local historic property
inventory or any archaeological findings.
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Section II Special Provisions
e. Release Of Funds (ROF) - No funds may be encumbered prior to the completion of the
Environmental Review. The Environmental Review Record (ERR) shall be completed before
any HOME Program 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 AGENCY, but the environmental review shall be performed
by the ADMINISTRATOR. Provision of specific addresses and other necessary information
to the Administrator and the Agency is the responsibility of the CHDO. 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 (ROF) has been issued
by the AGENCY. The requested funds shall not be disbursed unless these conditions are
satisfied.
7. The CHDO CERTIFIES:
a. That it is a CHDO that meets the applicable requirements of the HOME Program (24 CFR
Parts 92.300 and 92.301).
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:
1) The CHDO shall comply with the requirements and standards of 24 C.F.R. Part 84
(Uniform Administrative Requirements for Grants and Agreements with Institutions of
Higher Education, Hospitals, and Other Non-Profit Organizations), OMB Circular A-
122 (Cost Principles for Nonprofit Organizations), or OMB Circular A-21 (Cost
Principles for Educational Institutions), as applicable, and with OMB Circular A-110
located at 2 C.F.R. Part 215 (Uniform Administrative Requirements for Grants and
Other Agreements with Institutions of Higher Education, Hospitals, and other Non-
Profit Organizations).
2) 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 C.F.R. §§ 92.350-92.454),
which include:
i) The requirements of the Fair Housing Act, (42 C.F.R. §§ 3601-3620), and
implementing regulations at 24 C.F.R. 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 C.F.R. §§ 1958-1963 Come, p. 652 and 3 C.F.R. § 1980,
Come. p. 307) and implementing regulations at 24 C.F.R. Part 107
(nondiscrimination and equal opportunity in housing under Executive Order
11063), and Title VI of the Civil Rights Act of 1964 (42 U. S. C. §§ 2000d, et seq.),
and implementing regulations at 24 C.F.R. 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
C.F.R. § 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 C.F.R. Part 8 (nondiscrimination based on handicap in federally
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Section II Special Provisions
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 C.F.R. Chapter 60
(3 C.F.R. §§ 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.
3) The Parties shall prepare and adopt acceptable procedures and requirements for
affirmatively marketing units in the HOME Program Activities, when HOME Program
assisted housing contains five (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 Program
funds.
HOME Program funds may not be used for operations or modernization of public
housing projects financed under the Housing Act of 1937 (Pub. L. No. 75-412).
4) The AGENCY, as the participating jurisdiction, assumes all the responsibilities for
environmental review, decision making, and action under the National Environmental
Policy Act of 1969 (NEPA) (Pub. L. No. 91-190; 42 U.S.C. §§ 4321, et seq.), 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 C.F.R. Part 58 (environmental
review procedures for entities assuming HUD environmental responsibilities). The
AGENCY will assume the responsibilities for the Request for Release of Funds, if
applicable. The CHDO shall not to commit or incur any expenditures for HOME
activities until this environmental review process has been completed. If it is
determined that the CHDO has incurred expenses in violation of the NEPA
requirements, the CHDO shall be responsible for the full costs for such expenditures
and repayment of any related reimbursements. The CHDO shall provide all necessary
assistance to the AGENCY in completing this environmental review process.
5) The Parties shall comply with the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (URA) (42 U.S.C. §§ 4601, et seq.) and the
governmental implementing regulations at 49 C.F.R. Part 24 as they apply to this
HOME Program.
6) The Parties shall comply with the Davis-Bacon Act (40 U.S.C. §§ 276a, et seq.), Contract
Work Hours and Safety Standards Act (40 U.S.C. §§ 327, et seq.), related acts and the
provisions of 24 C.F.R. Part 24 regarding Government Debarment and Suspension as
they apply to this HOME Program.
7) The Parties shall comply with the Flood Disaster Protection Act of 1973 (42 U.S.C. §§
4001, et seq.) as they apply to this HOME Program.
8) The Parties shall comply with the Drug-Free Workplace Act of 1988 (41 U.S.C. §§ 701,
et seq.) as it applies to the HOME Program.
9) Housing assisted with HOME Program funds constitutes HUD-assisted housing for
the purposes of the Lead-Based Paint Poisoning Prevention Act (42. U.S.C. §§ 4801, et
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seq.), and is therefore subject to 24 C.F.R. Part 35 (lead-based paint poisoning
prevention in certain residential structures).
10) The CHDO shall obtain and comply with the most recent HUD-issued applicable
HOME Program Rent Limits, Income Limits, Mortgage Limits and Maximum per Unit
Subsidy Limits throughout the period of affordability.
11) The Parties shall comply with Maximum per Unit Subsidy (92.250). The total HOME
funds that may be invested on an affordable per unit basis is 100% of the per-unit
dollar limits established by HUD under 221 (d) of the National Housing Act in area
where project is located. See Attachment C.
12) If a combination of HOME and Federal low-income tax credits is used in a project, the
applicable section of 221 (d) of the National Housing Act per-unit dollar limits are
reduced by the per-unit net proceeds from any sale of the tax credit, or by the per-unit
present discounted cash value of the project owner's share of the tax credit based on a
discount rate equal to the 10-year Treasury note rates.
13) Affordability requirements of Attachment B must be secured by a Deed of Trust and
Promissory Note. The Deed of Trust and Promissory Notes must be recorded with the
County Recorder for all loans made with HOME funds. Related documents, such as
restrictive land covenants, should also be recorded; if applicable.
14) No person, who is an employee, agent, consultant, officer or elected official, or
appointed official who exercises or has exercised any functions or responsibilities with
respect to activities assisted with HOME Program funds or who are in a position in a
decision making process to 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 and for
one year thereafter.
15) No owner, developer or sponsor of a project assisted with HOME funds (or officer,
employee, agent or consultant of the owner, developer or sponsor) whether private, for
profit or non-profit (including a community housing development organization
(CHDO) when acting as an owner, developer or sponsor) may occupy a HOME
assisted affordable housing unit in a project. This provision does not apply to an
individual who receives HOME funds to acquire or rehabilitate his or her principal
residence or to an employee or agent of the owner or developer of a rental housing
project who occupies a housing unit as the project manager or maintenance worker.
16) The CHDO warrants that it is in compliance with A.R.S. § 41-4401 (e-verify
requirements) and further acknowledges:
i) That the CHDO and its subcontractors, 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;
ii) That a breach of a warranty under subparagraph (i) above, shall be deemed a
material breach of this Agreement that entitles the County to exercise any remedy
available under any federal, State, or local law, including the termination of this
Agreement without liability;
iii) That the AGENCY and ADMINISTRATOR retain the right to inspect the
employment records of the CHDO or any subcontractor who works on this
Agreement to ensure that the CHDO and subcontractors are complying with the
warranty provided under subparagraph i) above. The CHDO shall make all
employment records of its employees available during normal working hours in
order to facilitate such an inspection; and
iv) That nothing herein shall make the CHDO or any subcontractor an agent or
employee of the AGENCY or the ADMINISTRATOR;
e. Subcontracts:
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1) Approvals – The CHDO shall not commit to any pre-Agreement costs or enter into
any subcontract with any agency or individual in the performance of this activity
without a ROF from the COUNTY prior to the execution of this Agreement.
2) 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.
3) The CHDO shall comply with and require all contractors and subcontractors to comply
with all of the applicable provisions of the HOME Program. All contractors and
subcontractors who perform service pursuant to this Agreement shall be in compliance
with all applicable state and local licensing, bonding, and insurance requirements. None
of the terms, conditions, and requirements covered by this Agreement can be assigned.
4) 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 C.F.R. § 135. The CHDO has the responsibility of determining Section 3
eligibility.
5) 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.
8. THE AGENCY CERTIFIES AND AGREES:
a. That a public purpose is served by the financial participation of the AGENCY in the
Statement of Work.
b. That the HOME Program funds designated for the Statement of Work constitute reasonable
and prudent assistance necessary for completion of the activity.
c. To disburse funds in a timely manner.
d. To provide technical assistance, with the ADMINISTRATOR, to the CHDO to comply with
applicable federal provisions governing the use of HOME Program funds.
e. To complete, with the ADMINISTRATOR, all Environmental Review requirements and
intergovernmental reviews as described in HOME Program guidelines and Executive Order
12372.
9. THE ADMINISTRATOR AGREES TO:
a. Complete 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 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 Maricopa HOME Consortium monitoring team for the CHDO annual formal
monitoring.
g. Be the lien holder for all real estate developed, if applicable.
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10. ACTIVITY COMPLETION - Upon completion of the Work Statement, all unspent HOME
Program funds and property shall be forfeited to the AGENCY for reallocation. The CHDO shall
continue to be responsible for compliance activities until all HOME Program requirements and
contractual obligations have been met. At the completion of the project, the ADMINISTRATOR
will issue a close out memo detailing the on-going HOME requirements and responsibilities for the
affordability period.
11. GENERAL PROVISIONS:
a. It is expressly understood by the Parties that this Agreement has been negotiated and executed
in anticipation of receipt of funds by the AGENCY 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 AGENCY under this Agreement is contingent upon the actual receipt of funds from
HUD.
b. The Parties acknowledge that no member of HUD, nor any employee of the AGENCY, 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 AGENCY 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 Admin Manual on CD. Such amendments shall not invalidate this
Agreement nor relieve or release the AGENCY or CHDO from their obligations under this
Agreement. Amendments shall be filed with the original Agreement.
d. Changes – The AGENCY may, at any time, by written order, make changes within the general
scope of this Agreement in any one or more of the following areas:
1) Work Statement activities reflecting changes in federal, State, County, or local
regulations, policies, or requirements;
2) Administrative requirements, such as changes in reporting periods, frequency of
reports, or report formats required by HUD or local regulations, policies, or
requirements. It is the CHDO’s responsibility to ensure the latest documents are
consulted and followed.
3) Increase or decrease Agreement funding or budget line item amounts pursuant to
Maricopa HOME Consortium/CDAC/BOS policies.
e. Except where federal law applies, this Agreement shall be governed by and construed in
accordance with the laws of the State of Arizona.
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 shall be familiar with, update as necessary, and comply with the policies and
procedures established in the most recent Maricopa HOME Consortium Current Practices
Manual. Non-compliance with the Maricopa HOME Consortium Current Practices Manual
shall constitute a material breach of this Agreement.
h. The CHDO shall not discriminate against any employee or applicant for employment because
of race, color, religion, sex, national origin, familial status, age or disability. The CHDO shall
take affirmative action to insure that applicants for employment and employees are treated,
during employment, without regard to their race, color, religion, sex, national origin, familial
status, age, or disability. Such action shall include, but not be limited to, the following:
employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or
termination, rate of pay or other forms of compensation, and selection for training including
apprenticeship.
i. The CHDO shall not discriminate against any applicant for service because of race, color,
religion, sex, national origin, familial status, age or disability in the admission or access to, or
treatment in, its federally assisted programs or activities. CHDO shall, in all solicitations or
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advertisements, state that all qualified applicants shall receive consideration for employment or
service without regard to race, color, religion, sex, national origin, familial status, age, or
disability. The CHDO shall post, in conspicuous places available to employees and applicants
for service, notices setting forth the provisions of these non-discrimination clauses. The
CHDO shall administer all services in accordance with the Fair Housing Act.
j. During the term of this Agreement, the CHDO shall indemnify, defend, and hold harmless the
AGENCY and the ADMINISTRATOR and any and all of the AGENCY’s and the
ADMINISTRATOR’s officers, agents, and employees from and against any and all actions,
audits, proceedings, claims, demands, losses, liens, costs, expense, and liability of any kind and
nature whatsoever (including reasonable attorney’s fees, expert witness fees, and other
litigation costs), arising out of the bodily injury or death of any person, or damage to property,
including property owned by the AGENCY or the ADMINISTRATOR, arising from or
attributable to or caused directly or indirectly by the negligence, wrongful acts, omissions, or
operations conducted by the CHDO, its officers, agents, subcontractors, or employees, or by
any person acting on behalf of the CHDO.
k. The CHDO shall 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
AGENCY in writing, and any necessary changes shall be accomplished by appropriate written
modification.
l. If 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 among
the Parties shall be decided in accordance with applicable State and local laws, ordinances, and
codes.
m. The CHDO shall acknowledge the contribution of the HOME Program in all published
literature, brochures, programs, flyers, etc., during the term of this Agreement.
n. The Parties shall execute and abide by Certifications mandated by HOME Program
requirements as listed in HOME CERTIFICATIONS, as applicable.
12. 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 B) relating to the HOME Investment Partnerships Program, to the AGENCY. A
written letter of intent to terminate this Agreement shall be submitted to the ADMINISTRATOR
and AGENCY at least thirty (30) days prior to termination of this Agreement.
13. SUSPENSION AND TERMINATION:
a. In accordance with 24 C.F.R. § 85.43 (enforcement), AGENCY may suspend or terminate this
Agreement if CHDO violates any term or condition of this Agreement or if CHDO fails to
maintain a good faith effort to carry out the purpose of this Agreement.
b. The AGENCY, ADMINISTRATOR or CHDO may terminate this Agreement in accordance
with 24 C.F.R. § 85.44 (termination for convenience). 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.
c. If any provision or portion of a provision of this Agreement is determined to be invalid or
unenforceable, it shall be deemed omitted and the remaining provisions of this Agreement
shall remain in full force and effect.
d. This Agreement constitutes the entire agreement among the Parties with respect to the subject
matter hereof, and all prior agreements, representations, statements, and undertakings are
hereby expressly cancelled.
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HOME CERTIFICATIONS
In accordance with the provisions of the Home Investment Partnerships Act and with 24 C.F.R. § 92.150
(submission requirements) of the Home Investment Partnership Program Rule, the CHDO certifies that:
(A) Before committing any funds to an activity, the CHDO shall evaluate the activity in accordance with the
guidelines that it adopts for this purpose and will not invest any more HOME funds in combination with
other federal assistance than is necessary to provide affordable housing;
(B) The CHDO shall only utilize HOME Program funds to pay for eligible activities and costs of those
activities permitted in 24 C.F.R. §§ 92.205 through 92.209 and not specifically prohibited under § 92.214
(prohibited activities).
(C) The CHDO understands that tenant-based rental assistance is an element of the Consolidated Plan.
However, tenant-based rental assistance must be approved as part of an original application for project
funding.
(D) The submission of the program description is authorized under State and local law (as applicable), and that
the CHDO possesses the legal authority to carry out the Home Program in accordance with HOME
regulations;
(E) The CHDO shall 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 C.F.R. § 92.353 (displacement, relocation, and acquisition);
(F) 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.
(G) The CHDO shall use HOME Program funds pursuant to its Consolidated Plan(s) approved by HUD and
all requirements of 24 C.F.R. Part 92 (HOME Investment Partnership Program);
(H) The CHDO shall 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 CHDO’s workplace and specifying
the actions that will be taken against employees for violation of such prohibition;
2. Establishing an ongoing drug-free awareness program to inform employees about:
(a) The dangers of drug abuse in the workplace;
(b) The AGENCY’s policy of maintaining a drug-free workplace;
(c) Any available drug counseling, rehabilitation, and employee assistance programs; and
(d) The penalties that may be imposed upon employees for drug abuse violations occurring in the
workplace;
3. Making it a requirement that each employee that performs any work under this Agreement be given a
copy of the statement required by subparagraph (1) above;
4. Notifying the employee in the statement required by subparagraph (1) above that, as a condition of
employment under this Agreement, the employee shall:
(a) Abide by the terms of the statement; and
(b) Notify the CHDO in writing of his or her conviction for a violation of a criminal drug statute
occurring in the workplace no later than five (5) calendar days after such conviction;
5. Notifying the AGENCY in writing, within ten (10) calendar days after receiving notice under
subparagraph 4(b) above from an employee or otherwise receiving actual notice of such conviction.
Employers of convicted employees must provide notice, including position and title, to every grant
officer and other designee on whose grant activity the convicted employee was working, unless the
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Section II Special Provisions
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 thirty (30) calendar days of receiving notice under
subparagraph 4(b) above, with respect to any employee who is so convicted
(a) Taking appropriate personnel action against such an employee, up to an including termination,
consistent with the requirements of the Rehabilitation Act of 1973, as amended; or
(b) Requiring such employee to participate satisfactorily in a drug-abuse assistance or
rehabilitation program approved for such purposes by a federal, State, or local health, law
enforcement, or other appropriate agency.
7. Making a good faith effort to continue to maintain a drug-free workplace through implementation of
subparagraphs 1, 2, 3, 4, 5, and 6 above.
(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 AGENCY, 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 shall complete and submit Standard
Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions; and
3. The CHDO shall 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 Subcontractors shall certify and disclose
accordingly.
Signature (CHDO Representative) Date
Cristina Campoy Executive Director
Printed/Typed Name Title
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Section II Special Provisions
CHDO CERTIFICATION
In accordance with the applicable statutes and the regulations governing the consolidated plan regulations, the
CHDO certifies that:
Affirmatively Further Fair Housing -- 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.
Anti-displacement and Relocation Plan -- The CHDO shall comply with the acquisition and relocation
requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as
amended, and implementing regulations at 49 C.F.R. 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 CDBG
or HOME programs.
Drug Free Workplace -- The CHDO shall or shall continue to provide a drug-free workplace by:
1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the workplace and specifying the actions
that shall be taken against employees for violation of such prohibition;
2. Establishing an ongoing drug-free awareness program to inform employees about -
(a) The dangers of drug abuse in the workplace;
(b) The CHDO’S policy of maintaining a drug-free workplace;
(c) Any available drug counseling, rehabilitation, and employee assistance programs; and
(d) The penalties that may be imposed upon employees for drug abuse violations occurring in the
workplace;
3. Making it a requirement that each employee who performs any work under this Agreement be given a
copy of the statement required by paragraph 1 above;
4. Notifying the employee in the statement required by paragraph 1 above that, as a condition of
employment under this Agreement, the employee shall -
(a) Abide by the terms of the statement; and
(b) Notify the AGENCY in writing of his or her conviction for a violation of a criminal drug
statute occurring in the workplace no later than five (5) calendar days after such conviction;
5. Notifying the CHDO in writing, within ten (10) calendar days after receiving notice under paragraph
4(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted
employees must provide notice, including position title, to every grant officer or other designee on
whose grant activity the convicted employee was working, unless the federal 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 thirty (30) calendar days of receiving notice under paragraph
4(b) above, with respect to any employee who is so convicted -
(a) Taking appropriate personnel action against such an employee, up to and including termination,
consistent with the requirements of the Rehabilitation Act of 1973, as amended; or
(b) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation
program approved for such purposes by a federal, State, or local health, law enforcement, or
other appropriate agency;
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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 above.
Anti-Lobbying -- To the best of the CHDO’s knowledge and belief:
1. No federal appropriated funds have been paid or shall be paid, by or on behalf of it, to any person for
influencing or attempting to influence an officer or employee of any agency, a member of Congress, an
officer or employee of Congress, or an employee of a member of Congress in connection with the
awarding of any federal contract, the making of any federal grant, the making of any federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any federal contract, grant, loan, or cooperative agreement;
2. If any funds other than federal appropriated funds have been paid or shall be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a member of Congress, an
officer or employee of Congress, or an employee of a member of Congress in connection with this
federal contract, grant, loan, or cooperative agreement, CHDO shall complete and submit Standard
Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and
3. The CHDO shall require that the language of paragraphs 1 and 2 of this anti-lobbying certification be
included in the award documents for all subawards at all tiers, including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements, and that all CHDOs shall certify and disclose
accordingly.
Authority of Jurisdiction -- The consolidated plan is authorized under State and local law (as applicable) and
the CHDO possesses the legal authority to carry out the programs for which it is seeking funding, in accordance
with applicable HUD regulations.
Consistency with plan -- The housing activities to be undertaken with CDBG, HOME Program, ESG, and
HOPWA funds are consistent with the strategic plan.
Section 3 -- The CHDO shall comply with § 3 of the Housing and Urban Development Act of 1968, and
implement the regulations at 24 C.F.R. Part 135.
Signature Date
Cristina Campoy Executive Director
Printed/Typed Name 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 (Street address, city, county, state, zip code)
Check if there are workplaces on file that are not identified here.
The certification with regard to the drug-free workplace is required by 24 C.F.R. Part 24, subpart F.
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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:
"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 C.F.R. §§ 1308.11 through 1308.15);
"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;
"Criminal drug statute" means a federal or non-federal criminal statute involving the manufacture, distribution,
dispensing, use, or possession of any controlled substance;
"Employee" means the employee of a grantee directly engaged in the performance of work under a grant,
including: (i) All "direct charge" employees; (ii) all "indirect charge" employees unless their impact or
involvement is insignificant to the performance of the grant; and (iii) temporary personnel and consultants
who are directly engaged in the performance of work under the grant and who are on the grantee's payroll.
This definition does not include workers not on the payroll of the grantee (e.g., volunteers, even if used to meet
a matching requirement; consultants or independent contractors not on the grantee's payroll; or employees of
CHDOs or subcontractors in covered workplaces).
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ATTACHMENT A
Maricopa County Human Services Department
HB 2008 Working Procedures
January 2010
The Arizona State Legislature passed HB 2008 (A.R.S. § 1-501 and § 1-502), which states that public benefits
shall only be provided to eligible applicants who are citizens of the United States, or are Qualified Non-Citizens.
Therefore:
 All applicants authorized to receive public benefits must provide documentation of their lawful presence
in the United States through a verification process.
 All eligible applicants must also execute a sworn affidavit stating that the documentation provided
during the verification process to prove citizenship or qualified non-citizen is true.
 Employees of the COUNTY and its subcontracted entities are required to report “discovered
violations” of federal immigration law.
The Department is committed to administering the law completely and fairly. This set of procedures and forms
establishes policy for all employees and subcontracted Community Action Program (CAP) agencies to follow.
The public benefits that have been identified by the funding sources as services subject to this requirement
include:
 Neighbors Helping Neighbors (NHN)
 Short Term Crisis Services/TANF (STCS/TANF)
 Low Income Home Energy Assistance Program (LIHEAP) (including weatherization)
 Department of Energy (DOE) Weatherization
 Arizona Department of Housing/Housing Trust Fund (ADOH/HTF)
 Housing and Urban Development (HUD) Emergency Shelter Grant Program (ESGP)
 Housing and Urban Development (HUD) Homeless Prevention & Rapid Re-Housing Program (HPRP)
 HOME Investment Partnerships Program (HOME) HUD
The law requires that the Department’s employees and subcontracted agencies perform three distinct steps prior
to providing services to authorized or eligible applicants for these specified funded services. Those key steps are:
1. Request evidence of U.S. citizenship and/or immigration status of the authorized or eligible applicant or
child if STCS/TANF.
2. Require eligible applicants to execute a sworn affidavit stating the documentation provided is true.
3. Report violations of Federal Immigration law to the Federal Immigration Authorities
It is very important that all employees and subcontractors strictly follow this policy in all cases. HB 2008 (A.R.S.
§ 1-501 and § 1-502) contains serious penalties for non-compliance. Failure to report suspected violations of
Federal Immigration Law by an employee is a Class 2 misdemeanor. If that employee’s supervisor knew of the
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Section II Special Provisions
failure to report and failed to direct the employee to make the report, the supervisor is also guilty of a Class 2
misdemeanor.
Each subcontracted agency is also responsible for developing their own procedures to ensure compliance with
A.R.S. § 1-501 and § 1-502 and A.R.S. § 46-140.01. The subcontractor agency may need to be advised by their
legal counsel. If these differ from those established by the Department, the Department must be notified of and
approve these procedures prior to their implementation.
The following procedure is a “work in progress.” The procedure may change as interpretations of HB 2008
(A.R.S. § 1-501 and § 1-502) are updated. The following procedure is required by the Department.
Procedures
These are the requirements that authorized or eligible applicants for Department-funded services must fulfill in
order to qualify to receive a specifically funded service.
1. Evidence of U.S. citizenship and/or immigration status of the authorized or eligible applicant (or child if
STCS/TANF) must be provided.
2. Eligible applicants must execute a sworn affidavit stating the documentation provided is true.
These procedures must be followed for Department-funded services that are governed by HB 2008 (A.R.S. § 1-
501 and § 1-502) specifically, the following fund sources:
 Neighbors Helping Neighbors (NHN)
 Short Term Crisis Services/TANF (STCS/TANF)
 Low Income Home Energy Assistance Program (LIHEAP) (including weatherization)
 Department of Energy (DOE)
 Housing and Urban Development (HUD) Emergency Shelter Grant Program (ESGP)
 Housing and Urban Development (HUD) Homeless Prevention & Rapid Re-Housing Program (HPRP)
If the funding source is not listed, then the requirements in HB 2008 do not apply to the funding source.
Evidence of U.S. Citizenship Or Lawful Presence
The fund sources differ in the acceptable documents that can be used to demonstrate lawful presence. Therefore
these are listed separately below.
ATTACHMENT B
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Section II Special Provisions
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. 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 statement of work.
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 ADMINISTRATOR.
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Section II Special Provisions
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
ADMINISTRATOR. Obtain the maximum rents, based on the number of bedrooms for families earning 65% of
median income. Again, this information is available from the ADMINISTRATOR. 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 ADMINISTRATOR 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 ADMINISTRATOR, 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 II Special Provisions
ATTACHMENT C
BASIC THRESHOLD REQUIREMENTS
MAXIMUM PER UNIT SUBSIDY
General outline of permitted activities fall under one of the three types of projects below. Specific requirements
are listed in 24 CFR Part 92 and appropriate chapter of the 1997 HOME Program Primer included herein.
Minimum per unit investment must be no less than $1000.
1. Home Owner Rehabilitation (not permitted as a CHDO activity)
a. The homeowner’s income may not exceed 80% of the median income for Phoenix.
b. Owners must occupy the home as their principal residence.
c. The appraised value of the home after rehabilitation must not exceed the HUD section 203(b)
mortgage limit.
d. The maximum HOME subsidy is 100% of the Section 221(d) 3 mortgage limits.
2. 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 the HUD section 203(b)
limits for the type of housing being purchased or if the Agency calculates this limit then annually the
maximum limit will be provided to the CHDO. 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.
3. Rental Housing Production
a. Rents must be controlled in accordance with Section 8 guidelines for the Phoenix area. (See
Affordability, Attachment B)
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.
4. Energy Saving Requirements
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Section II Special Provisions
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
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.
5. 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.
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Section II Special Provisions
6. Property Standards
All housing will meet property standards of 24 CFR 92.251, 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.
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Section II Special Provisions
ATTACHMENT D
RECAPTURE PROVISIONS
RIDER #3 TO FORGIVABLE HOME PROGRAM LOAN AGREEMENT
(Applicable to homebuyer acquisition or construction activities only)
NOTICE TO HOME PROGRAM ASSISTED BUYER:
THIS HOME FUNDED MORTGAGE MAY BE SUBJECT TO RECAPTURE.
IT IS MOST IMPORTANT THAT YOU READ THIS NOTICE CAREFULLY.
You have applied for HOME assistance in your housing. Under this program the U. S. Department of Housing and Urban
Development (HUD) through the Maricopa HOME Consortium Participating Jurisdiction will provide assistance to your
purchase of property at:
Definitions
“RESPONSIBLE SUBRECIPIENT” could be a city, town or non-profit organization under contract with one of the
responsible jurisdictions.
Direct HOME subsidy to the homebuyer is the amount of HOME assistance that enabled the homebuyer to buy the
dwelling unit and includes down payment, closing costs, interest subsidies, or other HOME assistance provided directly to
the homebuyer. In addition, direct subsidy includes any assistance that reduced the purchase price from fair market value to
an affordable price. This does not include any HOME investment for acquisition and/or construction.
Net appreciation of a property is any increase in the value of that property over the original purchase price, minus the
reasonable costs of sale, the cost of refinancing the first mortgage, or the cost of the appraisal when paying off the first
mortgage without sale of a property (should the mortgagor request satisfaction of the RESPONSIBLE SUBRECIPIENT
lien), and minus the reasonable costs of improvements made to the property.
Net proceeds of a sale are the sales price minus closing costs and any non-HOME loan repayments.
Homeowner investment consists of the portion of initial down payment paid by the homebuyer combined with the value of
any capital improvements made with the homebuyer’s funds since purchase.
Policy and Regulations
Under the HOME Recapture Provision the following conditions apply. You will be required to execute a note and second
mortgage (or deed of trust) with addendum at settlement of the mortgage in favor of the responsible jurisdiction in which
your funding is being administered (i.e., Maricopa County, City of Avondale, City of Chandler, Town of Gilbert, City of
Glendale, City of Mesa, City of Peoria, City of Scottsdale, City of Surprise, or City of Tempe) to assure repayment of the
assistance.
The responsible jurisdiction for this agreement is
The “RESPONSIBLE SUBRECIPIENT” for this agreement is , which will enforce the
following recapture provisions:
Repayment of the full or forgiven (check one) subsidy plus the net appreciation is due to the
RESPONSIBLE SUBRECIPIENT when any one of the following events occurs:
a. Sale of property (new mortgage).
b. Sale of property (assumption of mortgage) to an assumptor who is not eligible for HOME assistance or to an
assumptor who is eligible for HOME assistance but chooses not to accept it.
c. Rental of property (or, in the case of a property with more than one unit, the owner’s unit is rented) for more
than one year.
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Section II Special Provisions
d. Request from the mortgagor, or on behalf of the mortgagor, to satisfy the responsible subrecipient’s lien, i.e.,
refinancing the first mortgage.
In the event this mortgage is assumed, the responsible subrecipient will demand payment of the recapture amount from the
mortgagor who is in possession of the property at the time an event occurs that activates the Recapture Provision. The
amount of assistance to be recaptured by the responsible subrecipient shall be the amount of assistance actually paid to the
mortgagee on behalf of the original mortgagor and any assumptors of the mortgage.
NOTE: Assumptors should be aware that the recapture amount due to the responsible subrecipient will be calculated based on the assistance
paid on behalf of the original mortgagor as well as that amount paid on behalf of all previous assumptors of the mortgage.
You can deduct from the value of your home the reasonable costs of selling it; refinancing the first mortgage; paying off the
first mortgage without sale of property; and/or paying off the second mortgage or second deed of trust. You can also
deduct the reasonable costs of major improvements to your home. To get credit for the costs of improvements, you must
save your paid bills plus payments receipts and have them available to submit to the RESPONSIBLE SUBRECIPIENT for
calculating the recaptured amount due.
In order that you receive the greatest profit from the sale of your home, it is recommended that IMMEDIATELY AFTER
YOU PURCHASE YOUR HOME, A SYSTEM SHOULD BE ESTABLISHED FOR KEEPING A RECORD OF THE
COST OF (AND THE PAID RECEIPTS FOR) ANY CAPITAL IMPROVEMENTS THAT ARE MADE TO YOUR
HOME AND PROPERTY. Costs for home improvements allowed by HUD, as well as certain costs related to the sale of
the property, may be claimed against the appreciation of your property.
Examples of costs for acceptable permanent home improvements (i.e., costs for paid labor, materials and rental equipment)
include, but are not limited to, the following permanent improvements:
1. Room additions and other permanent improvements, such as porches, decks, patios, garages, carports, swimming
pools, etc.;
2. Finishing off areas that were unfinished when the mortgage was insured, such as basements and attics, etc.;
3. Built-in bookcases, cabinets, fireplaces, closets, etc.;
4. Appliance additions (stoves, refrigerators, built-in dishwashers, built-in microwave ovens, clothes washers and dryers,
water heaters and attic and ceiling fans), which are conveyed to the buyer by the seller;
5. Addition of storm windows and doors, replacement windows, security systems, central air conditioning, solar heating
systems;
6. Permanent landscaping such as fencing, planting of trees, shrubbery and bushes, landscaping ties, retaining walls, etc.;
7. Swimming pools (there are conditions for allowing them as improvements);
8. Special assessments (The RESPONSIBLE SUBRECIPIENT will handle on a case-by-case basis);
9. Land as an improvement (RESPONSIBLE SUBRECIPIENT will handle on a case-by-case basis);
10. Fees for building permits and required inspections.
NOTE: Replacements of appliances, roofs, heating systems (unless replaced by a solar heating system), and carpeting are not allowed against
the appreciation of a property.
To claim improvements you must record the improvements with a clear description of the improvement you do on your
property. Remember to attach the paid receipts, bills and invoices to your records. Without these documents the cost of
your improvements will not be allowed against the appreciation of your property.
Notice To Assumptors
Should you assume the first mortgage on a property that has received Maricopa HOME Consortium funding, it is
recommended that you obtain, at settlement:
(a) a list of all the improvements (and the paid receipts) that was made to the property during the time the
former owners had the mortgage;
(b) a signed copy of each Settlement Statement for each prior sale of the property.
Those costs may be used to offset the appreciation of the property when the RESPONSIBLE SUBRECIPIENT calculates
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Section II Special Provisions
the amount of recapture due to satisfy its lien on the property. However, you, as the last assumptor receiving assistance,
must be in possession of the paid receipts and signed Settlement Statements in order to document the cost of assuming the
mortgage each time it was assumed. Without these documents, those costs will not be allowed against the appreciation of
the property.
Repaying The Responsible Subrecipient: Note the following sample templates.
1. When forgiven subsidy is chosen, it should be prorated as follows:
HOME Funds Provided Affordability Period
Up to $15,000 5 years
$15,001 to $40,000 10 years
Greater than $40,000 15 years
Prorated Recapture Calculation:
Direct HOME subsidy* $
Net appreciation** + $
Total subsidy $
Divide by the total years of affordability ______ $
Multiply by the remaining affordability period x $
Recaptured amount that must be repaid from
the net proceeds of the sale. $
2. When net proceeds are insufficient to repay the direct HOME subsidy and the homebuyer’s investment, the net
proceeds may be shared using the following formula:
Share Net Proceeds:
HOME Subsidy x Net Proceeds = HOME Recapture Amount
HOME Subsidy + Homebuyer Investment
OR
Homebuyer Investment x Net Proceeds = Homeowner Repayment
HOME Subsidy + Homebuyer Investment
* Enter all HOME funds invested or the remaining unforgiven amount of the forgivable loan.
** Indicate the point of time the net appreciation should be calculated. For example, at closing of the original purchase or
when the original purchaser sells or refinances at a future time within the period of affordability.
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Section II Special Provisions
ATTACHMENT E
RESALE PROVISIONS
RIDER TO FORGIVABLE HOME PROGRAM LOAN AGREEMENT
(applicable to homebuyer acquisition or construction activities only)
NOTICE TO HOME PROGRAM ASSISTED BUYER
THIS HOME FUNDED MORTGAGE MAY BE SUBJECT TO RECAPTURE
IT IS MOST IMPORTANT THAT YOU READ THIS NOTICE CAREFULLY
You have applied for HOME assistance in your housing. Under this program the Department of Housing and Urban
Development (HUD) through the Maricopa HOME Consortium Participating Jurisdiction will provide funding assistance to
your purchase of the property at:
Definitions
“RESPONSIBLE SUBRECIPIENT” could be a city, town or non-profit organization under contract with one of the
responsible jurisdictions.
Direct HOME subsidy to the homebuyer is the amount of HOME assistance that enabled the homebuyer to buy the
dwelling unit and includes down payment, closing costs, interest subsides, or other HOME assistance provided directly to
the homebuyer. In addition, direct subsidy includes any assistance that reduced the purchase price from fair market value to
an affordable price. This does not include any HOME investment for acquisition and/or construction.
Net appreciation of a property is any increase in the value of that property over the original purchase price, minus the
reasonable costs of sale, the cost of refinancing the first mortgage, or the cost of the appraisal when paying off the first
mortgage without sale of a property (should the mortgagor request satisfaction of the RESPONSIBLE SUBRECIPIENT
lien), and minus the reasonable costs of improvements made to the property.
Net proceeds of a sale are the sales price minus closing costs and any non-HOME loan repayments.
Homeowner investment consists of the portion of initial down payment paid by the homebuyer combined with the value of
any capital improvements made with the homebuyer’s funds since purchase.
Policy and Regulations
Under the HOME Recapture Provision the following conditions apply. You will be required to execute a note and second
mortgage (or deed of trust) with addendum at settlement of the mortgage in favor of the responsible jurisdiction in which
your funding is being administered (i.e., Maricopa County, City of Avondale, City of Chandler, Town of Gilbert, City of
Glendale, City of Mesa, City of Peoria, City of Scottsdale, City of Surprise or City of Tempe) to assure repayment of the
assistance.
The responsible jurisdiction for this agreement is
The “RESPONSIBLE SUBRECIPIENT” for this agreement is , which will
enforce the following recapture provisions:
Repayment of the full or forgiven (check one) subsidy plus the net appreciation is due to the
RESPONSIBLE SUBRECIPIENT when any one of the following events occurs:
a. Sale of property (new mortgage).
b. Sale of property (assumption of mortgage) to an assumptor who is not eligible for HOME assistance or to an
assumptor who is eligible for HOME assistance but chooses not to accept it.
c. Rental of property (or, in the case of a property with more than one unit, the owner's unit is rented) for more
than one year.
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Section II Special Provisions
d. Request from the mortgagor, or on behalf of the mortgagor, to satisfy the responsible subrecipient’s lien, i.e.,
refinancing the first mortgage.
In the event this mortgage is assumed, the responsible subrecipient will demand payment of the recapture amount from the
mortgagor who is in possession of the property at the time an event occurs that activates the Recapture Provision. The
amount of assistance to be recaptured by the responsible subrecipient shall be the amount of assistance actually paid to the
mortgagee on behalf of the original mortgagor and any assumptors of the mortgage.
NOTE: Assumptors should be aware that the recapture amount due to the responsible subrecipient will be calculated based on the
assistance paid on behalf of the original mortgagor as well as that amount paid on behalf of all previous assumptors of the mortgage.
You can deduct from the value of your home the reasonable costs of selling it; refinancing the first mortgage; paying off the
first mortgage without sale of property; and/or paying off the second mortgage or second deed of trust. You can also
deduct the reasonable costs of major improvements to your home. To get credit for the costs of improvements, you must
save your paid bills plus payment receipts and have them available to submit to the RESPONSIBLE SUBRECIPIENT for
calculating the recaptured amount due.
In order that you receive the greatest profit from the sale of your home, it is recommended that IMMEDIATELY AFTER
YOU PURCHASE YOUR HOME, A SYSTEM SHOULD BE ESTABLISHED FOR KEEPING A RECORD OF THE
COST OF (AND THE PAID RECEIPTS FOR) ANY CAPITAL IMPROVEMENTS THAT ARE MADE TO YOUR
HOME AND PROPERTY. Costs for home improvements allowed by HUD, as well as certain costs related to the sale of
the property, may be claimed against the appreciation of your property.
Examples of costs for acceptable permanent home improvements (i.e., costs for paid labor, materials and rental equipment)
include, but are not limited to, the following permanent improvements:
1. Room additions and other permanent improvements, such as porches, decks, patios, garages, carports, swimming pools,
etc.;
2. Finishing off areas that were unfinished when the mortgage was insured, such as basements and attics, etc.;
3. Built-in bookcases, cabinets, fireplaces, closets, etc.;
4. Appliance additions (stoves, refrigerators, built-in dishwashers, built-in microwave ovens, clothes washers and dryers,
water heaters and attic and ceiling fans) which are conveyed to the buyer by the seller;
5. Addition of storm windows and doors, replacement windows, security systems, central air conditioning, solar heating
systems;
6. Permanent landscaping such as fencing, planting of trees, shrubbery and bushes, landscaping ties, retaining walls, etc.;
7. Swimming pools (there are conditions for allowing them as improvements);
8. Special assessments (The RESPONSIBLE SUBRECIPIENT will handle on a case-by-case basis);
9. Land as an improvement RESPONSIBLE SUBRECIPIENT will handle on a case-by-case basis);
10. Fees for building permits and required inspections.
NOTE: Replacements of appliances, roofs, heating systems (unless replaced by a solar heating system), and carpeting are not
allowed against the appreciation of a property.
To claim improvements you must record the improvements with a clear description of the improvement you do on your
property. Remember to attach the paid receipts, bills and invoices to your records. Without these documents the cost of
your improvements will not be allowed against the appreciation of your property.
Notice To Assumptors
The purchase of this home was subsidized by the Responsible Subrecipient under a restricted resale agreement. It is only
assumable by an income qualified purchaser with permission of the Responsible Subrecipient. Should you assume the first
mortgage on a property that has received Maricopa HOME Consortium funding, it is recommended that you obtain, at
settlement:
(a) a list of all the improvements (and the paid receipts) that were made to the property during the time the
former owners had the mortgage;
(b) a signed copy of each Settlement Statement for each prior sale of the property.
Those costs may be used to offset the appreciation of the property when the RESPONSIBLE SUBRECIPIENT calculates
the amount of recapture due to satisfy its lien on the property. However, you, as the last assumptor receiving assistance,
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Section II Special Provisions
must be in possession of the paid receipts and signed Settlement Statements in order to document the cost of assuming the
mortgage each time it was assumed. Without these documents, those costs will not be allowed against the appreciation of
the property.
Repaying the Responsible Subrecipient - Note the following sample templates.
1. When forgiven subsidy is chosen, it should be prorated as follows:
HOME Funds Provided Affordability Period
<$15,000 5 years
$15,001 to $40,000 10 years
>$40,001 15 years
Prorated Recapture Calculation:
Direct HOME subsidy* $
Net appreciation** + $
Total subsidy $
Divide by the total years of affordability $
Multiply by the remaining affordability period x
Recaptured amount that must be repaid from
the net proceeds of the sale. $
2. When net proceeds are insufficient to repay the direct HOME subsidy and the homebuyer’s investment, the net
proceeds may be shared using the following formula:
Share Net Proceeds:
HOME Subsidy x Net Proceeds = HOME Recapture Amount
HOME Subsidy + Homebuyer Investment
or
Homebuyer Investment x Net Proceeds = Homeowner Repayment
HOME Subsidy + Homebuyer Investment
* Enter all HOME funds invested or the remaining unforgiven amount of the forgivable loan.
** Indicate the point of time the net appreciation should be calculated; for example, at closing of the original purchase
or when the original purchaser sells or refinances at a future time within the period of affordability.
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Section II Special Provisions
ATTACHMENT F
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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Section II Special Provisions
ATTACHMENT G
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.
Page 50 of 62

Section II Special Provisions
ATTACHMENT H
REQUEST FOR REIMBURSEMENT COVER LETTER AND CERTIFICATION
CITY/TOWN 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 201-/201 - (HOME, ADDI, CHDO)
The City/Town of 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 City/Town of 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. The City/Town 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. HUD-40099 voucher
2. Match documentation
3. Expense documentation
4. HUD 1 statement (as applicable for acquisitions)
5. Other documentation or certifications as needed
If there are any questions, please contact at (phone number) or email@xxx.gov.
Sincerely,
Name
Title
Page 51 of 62

Section II Special Provisions
ATTACHMENT I
HUD-40099
ATTACHMENT J
Page 52 of 62

Section II Special Provisions
HOME FUNDS MATCH CERTIFICATION
Page 53 of 62

Section II Special Provisions
ATTACHMENT K
CHDO PROGRESS REPORT
Page 54 of 62

SECTION III
WORK STATEMENT
Maricopa County
Human Services

SECTION III WORK STATEMENT
MARICOPA HOME CONSORTIUM
INFORMATION SHEET
FY2013-2014 CHDO
CHDO INFORMATION:
AGENCY NAME: Guadalupe Community Development Corporation (ROC 268968 B)
EXECUTIVE DIRECTOR: Cristina Campoy
CONTACT PERSON: Cristina Campoy TITLE: Executive Director
ADDRESS: 5933 E. Calle Milagros, Guadalupe, AZ 85283
PHONE: 480.248.9656 FAX: 480.248.9874
E-MAIL ADDRESS: guadcdc@cox.net
DUNS # 015750361
APPLICANT TYPE: (CHECK ONE) ___Owner _X_Developer ___Sponsor
ACTIVITY INFORMATION:
ACTIVITY NAME: Guadalupe CDC Affordable Housing Program
ACTIVITY ADDRESS: 5933 E. Calle Milagros, Guadalupe, AZ 85283
ACTIVITY SITE ACQUIRED: ___Yes _X_No
AMOUNT OF FUNDING:
OTHER
HOME/CHDO CASH MATCH TOTAL
RESOURCES
AMOUNT AMOUNT BUDGET
AMOUNT
$100,000 $0.00 $473,363 $573,363
COMPLIANCE WITH CONSOLIDATED PLAN:
PRIORITY RATED IN THE CONSOLIDATED PLAN _X_ High ___Medium ___Low
LENGTH OF PRIOR COMMITMENT TO TARGET POPULATION (in years) 21
CONTRACT ADMINISTRATION:
This contract will be administered by the City/Town/County of: Maricopa
C
Page 56 of 62

SECTION III WORK STATEMENT
MARICOPA HOME CONSORTIUM
WORK STATEMENT– PART B
FY2013-2014 CHDO
CHDO NAME: Guadalupe Community Development Corporation
ACTIVITY NAME: GCDC Affordable Housing Program
SPECIFIC SERVICE AREA: Guadalupe, AZ
1. ACTIVITY DESCRIPTION: (in accordance with the provisions of 24 CFR Part 92.504(c)(1))
1.1 HOME funds will be used for: (indicate number of HOME assisted units in applicable category)
X Homebuyer Activities Rental Housing Multi-Family Rental (over 5 units)
For rental housing activities: HOME assisted units will be: __Fixed ___Floating
For homeownership activities: CHDO will secure affordability period through:
_X_Resale Provisions ___Recapture Provisions
Activity Type: (Check one applicable category)
___ Acquisition Only __ Acquisition/New Construction X New Construction only
___ Reconstruction Only __ Acquisition/ Reconstruction __ Rehabilitation only
__ Acquisition/Rehabilitation __ Demolition __ Relocation
___ Other (specify)
Description of specific activity:
GCDC will develop sites and provide new construction of 4 single-family homes for low and very low-income families.
GCDC construction staff (ROC-268969 General Residential) and subcontractors will accomplish new construction on
GCDC acquired lots – 9204 S. Calle Sahuaro, 9208 S. Calle Sahuaro, 9210 S. Calle Sahuaro, and 5443 E. Calle Encinas in
Guadalupe, AZ. Qualified families will be required to contribute at least 150 hours of sweat equity during the construction
phase. Families will contribute sweat equity in order to comply with any HUD HOME match requirements. The GCDC
staff will work closely with local banks to income qualify families in compliance with HUD HOME requirements.
SERVICE AREA:
Town of Guadalupe, AZ
[Region, City, Town, etc. (cannot be entire County)]
1.2 Beneficiaries: Total Number of Households to be served
Households by Income Level: At or below 30% of median
At or below 50% of median but above 30%
At or below 80% of median but above 50% 4
Other (Specify):
Households by Service Group: Elderly X Family X Handicap X
Other (Specify) First-Time Homebuyers 4
Beneficiaries income eligibility will be verified by:
GCDC staff will use Federal Home Loan Bank Affordable Housing Program (AHP) “Household Income
Qualification Worksheet” requirements (fc2258 and fc2259) to qualify families. GCDC will also assist families
with necessary information to credit/income qualify with permanent lenders (such as Wells Fargo Bank), which
require credit and income verification.
Page 57 of 62

SECTION III WORK STATEMENT
Definition of income to be used:
Income may consist of pre-tax wages, salary, overtime, commissions, fees, tips, bonuses, and other
compensation for personal services. Special pay and other sources as may be required by HUD, and/or Wells
Fargo Bank. At a minimum, income will be verified by third party VOE’s, recent pay stubs and tax returns.
PERFORMANCE MEASUREMENT SYTEM INFORMATION
A. OBJECTIVES AND OUTCOMES: Check appropriate box below.
OBJECTIVES OUTCOMES
AVAILABILITY/
AFFORDABILITY SUSTAINABILITY
ACCESSIBILITY
___ Housing Rehab _X__Homebuyer Activities ___ Housing Activities
DECENT Acq and/or New in a targeted
HOUSING Emerg. Rehab Construction of Single- revitalization area
Family Homes
B. LOGIC MODEL PERFORMANCE INDICATORS:
OUTPUTS
INPUTS/RESOURCES ACTIVITIES PARTICIPATION OUTCOMES OBJECTIVES
GCDC staff, FHLB WISH, Develop and Four families / 16- Increased Provide
SHOP, HOME funds, family construct four 20 individuals affordable housing increased safe,
volunteer and sweat equity, (4) units of for low mod decent and
participation with Rural Affordable income families. affordable,
Communities Assistance Housing Improved quality of housing stock
Corp (RCAC) and Wells life. for low, very low
Fargo income families
C. PERFORMANCE REPORTING GOALS
SCHEDULED ACTIVITY COMPLETION DATE: May 1, 2015
SCHEDULE OF IMPLEMENTATION:
START DATES COMPLETION
I. TASKS
DATES
Identify and qualify four low / very low income families July 2014 July 2014
Finalize plans and specifications for affordable floor plans July 2014 August 2014
Review and update construction bids July 2014 August 2014
Conduct ERR and submit permit applications April 2014 July 2014
Page 58 of 62

SECTION III WORK STATEMENT
Update family qualifications and permanent financing July 2014 September 2014
Construction September 2014 March 2015
Final Closing and move-in March 2015 April 2015
ACTIVITY BUDGET SUMMARY:
II. V. OTHER
III. HOME IV. CASH VIII. TOTAL
VI. RE-
AMOU MATC IX. ACTIVITY
SOURCES
NT H X. BUDGET
VII. AMOUNT
Acquisition $80,000 $80,000
Demolition $ 0
New Construction $8,000 $330,000 $338,000
Reconstruction $ 0
Rehabilitation $0
Relocation $ 0
Development Costs (b) $68,000 $12,000 $83,000
Staff Costs (b) $12,000 $26,636 $38,636
Services (b) $ 0
Administration Costs $10,000 $10,000
Development Fees $12,000 $12,000 $24,000
Other (Specify) Ins / Tax $0
TOTALS (for each
$100,000 $ 0 $473,636 $573,636
column)
(a) Provide information 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.
Detailed Activity Budget – Attach a detailed activity budget specific for proposed activity. The detailed
budget should include, at a minimum, each cost component by year.
ACTIVITY MATCH:
XIII. SPECIFIC
XI. AMOUNT XII. FORM OF MATCH
SOURCE
Previous FHLB
$10,000 In-Kind
AHP Grant
$15,000 In-Kind Sweat Equity Hours
TOTAL
XIV. $25,000
Page 59 of 62

SECTION III WORK STATEMENT
CHDO PROCEEDS:
Estimated CHDO Proceeds: $2,500 ($500 per unit)
CHDO Proceeds will be expended for:
With authorization, any proceeds will be used for additional acquisition / construction activities for low and very
low-income families, and or family home-ownership counseling and training as well as other authorized uses by
the GCDC.
COST OVERRUNS:
Cost overruns, although not anticipated, will be handled by:
Bid submissions will be advertised and require a firm fixed price quote from subcontractors. There is also a
modest contingency allowance in construction budget for unanticipated change orders.
PROJECT VIABILITY:
1. Would the project be viable if funded at a lower level? __X__ yes _____ no
2. If the project is not fully funded:
a. Describe the minimum amount needed to complete a viable project. $_140,000_
b. Describe the revised project size (i.e., number to be served, number of units, etc.)
Each site requires approximately $140,000 to develop and construct. Two units would be a
feasible and viable project. A minimum of $100,000 in grant funds will be needed to allow development
/construction of two units and maintain affordability for families.
Page 60 of 62

SECTION IV COMPENSATION
SECTION IV
COMPENSATION
Maricopa County
Human Services
Page 61 of 62

SECTION IV COMPENSATION
A. COMPENSATION
Subject to the availability and authorization of funds for the explicit purposes set forth below, the
AGENCY shall pay the CHDO compensation for services rendered as indicated in the following
subsections
B. METHOD OF PAYMENT
The CHDO shall submit reimbursement requests, including supporting documentation, for work
completed to the ADMINISTRATOR for approval. The CHDO may not request disbursement of
funds until the funds are needed for payment of eligible costs. The amount of each request must be
limited to the amount needed. Project proceeds, if any, must be disbursed before the CHDO requests
funds from the AGENCY. The final request for payment shall be submitted to the ADMINISTRATOR
no later than 30 days before June 30, 2015, in order to meet federal grant requirements. Funds spent
after this date shall not be reimbursed. Reimbursement by the AGENCY is not to be construed as final
in the event that HUD disallows reimbursement for the activity or any portion thereof.
Payments shall be made to all CHDOs by Community Development (CD) of Maricopa County upon
receipt of the following documents:
1. A letter from the CHDO (on official letterhead) which summarizes the dollar amount of the
request, match, program income (if any), project number, release of funds date, and a certification
that documents are on file and that all federal requirements have been adhered to. Attachment
H contains an outline of the required information and is provided for your assistance.
2. Invoice detailing the payment request (Attachment L).
3. Payment Certification HUD Form 40099 (Attachment I).
4. Proof of payment and a copy of the invoice(s) for which reimbursement is requested.
The HOME Funds Match Certification Form (Attachment J) must be completed for each pay
request. The source documentation for match contribution must be from non-federal sources,
not previously utilized in another program or project, submitted with the pay request and
subsequently be available for monitoring and auditing.
5. A periodic progress report (Attachment K) is to be included, if requested by the
ADMINISTRATOR.
6. No request for reimbursement by a CHDO shall be honored by the AGENCY until the
ADMINISTRATOR reviews the request and approves same for payment.
7. If the CHDO requests funds in advance of an actual payment being made to a contractor, the
CHDO must further certify that it shall disburse funds within three (3) days of receipt of the
funds from AGENCY (Attachment H).
C. REIMBURSEMENT
The AGENCY shall provide financial assistance in an amount up to One hundred thousand dollars
($100,000) subject to the terms of this Agreement and the availability of funds. This reimbursement
amount constitutes the AGENCY’s entire participation and obligation in the performance and
completion of all work to be performed under this Agreement.
D. RELEASE OF FUNDS (ROF)
Page 62 of 62

SECTION IV COMPENSATION
No funds may be encumbered prior to the completion of the Environmental Review. The ERR
shall 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 AGENCY. It is the responsibility of the CHDO to notify the AGENCY and the
ADMINISTRATOR, and to refrain from making any commitments and expenditures on a site until a
ROF has been issued by the AGENCY. Requested funds shall not be disbursed until these conditions
are fully satisfied.
E. ENCUMBRANCE & EXPENDITURE REQUIREMENTS
The CHDO agrees to encumber at least 20% of this Agreement amount within four (4) months of the
start of the funding year. The CHDO further agrees to encumber the remaining unencumbered contract
amount within 8 months after the start of the funding year. These two encumbrance dates are October
31, 2014 and February 28, 2015. The final request for payment shall be submitted to the
ADMINISTRATOR no later than 30 days before June 30, 2015, in order to meet federal grant
requirements. Funds spent after this date shall not be reimbursed. Reimbursement by the AGENCY is
not to be construed as final in the event that HUD disallows reimbursement for the activity or any
portion thereof. All funds shall be drawn from the Maricopa County letter of credit by June 30, 2015.
If a CHDO does not meet the 4-month encumbrance date, the CHDO shall submit to the
ADMINISTRATOR, a written plan of action to comply with the 4 and 8-month encumbrance dates.
The ADMINISTRATOR shall make a recommendation to the full Maricopa Home Consortium or
quorum at a regular meeting, which shall make the final decisions as to what action to take, including
reallocation of funds according to Maricopa HOME Consortium Policy and/or termination of this
Agreement according to 24 CFR 85.43.
F. GRANT ADMINISTRATION
In accordance with federal regulations, including 24 CFR 92, the AGENCY is responsible for ensuring
the administration of HOME Program funds in accordance with all program requirements. On behalf of
the AGENCY, the ADMINISTRATOR is hereby designated to fulfill all responsibilities in accordance
with program requirements and as ADMINISTRATOR of this Agreement and shall have all authority to
determine performance and to take appropriate actions as necessary.
Page 63 of 62

SECTION IV COMPENSATION
ATTACHMENT L
PAYMENT REQUEST INVOICE
MARICOPA COUNTY HUMAN SERVICES DEPARTMENT FOR MCHSD USE ONLY
HOME INVESTMENT PARTNERSHIPS PROGRAM CHDO ALLOCATION $ 100,000.00
Invoice Date: ENCUMBRANCE $ - EXPENDED
CHDO MEMBER: Guadalupe CDC BALANCE $ 100,000.00 BALANCE
CM Address: 5933 E. Calle Milagros
City/Zip: Guadalupe, AZ 85283
FISCAL YEAR GOAL: New Construction of 4 single-family homes
ACCOMPLISMENTS:
FY 2012/2013
ENCUMBRANCE DEADLINE February 2015 EXPENDITURE DEADLINE June 2015
PROJECT PROJECT BUDGET
ACTIVITY SUM OF PRIOR THIS INVOICE OTHER HOME PROGRAM OTHER
IDIS # ACTIVITY BUDGET INVOICES TO MCHSD BALANCE MATCH APPLIED FY FUNDING INCOME FUNDING
Building Affordable Housing $100,000
9204 S. Calle Sahuaro $ - $ -
9208 S. Calle Sahuaro $ -
9210 S. Calle Sahuaro $ -
5443 E. Calle Encinas
$ -
$ - $ -
TOTALS $ - $ - $ - $ - $ - $ - $ -
Page 64 of 62