TEMPE-NEWTOWN-HOME-CHDO FY 13-14.PDF
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€2013-141
GRANT AGREEMENT
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{Ss } On’ sexvi Assit HD)
oe Fo for or services among
ail
Wea a
Administered by its
Human Services Department
And
Newtown Community Development Corporation (Newtown CDC)
And
THE CITY OF TEMPE
Contract Amount: $262,134
Contract Start Date: July 1, 2013
Contract Termination Date: June 30, 2015
Contract Number: C-22-
Program Number:
CFDA Number: 14.239, HOME Inve: nt Partnerships P
This Grant Agreement (“Agreement”) is entered into by and among Newtown Community Development
Corporation (Newtown CDC) (hereinafter referred to as the “CHDO”), the City of Tempe (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: Allen Carlson, CEO : 480-517-1589
il: allen wn.
Address: 511 West University Drive, Suite 4, Tempe, AZ 85281
Administrator Representative: Craig Hittie > 480-350-8960
il: craig_hittie@tempe.gov
Address: 21 East 6t Street, Suite 208. Tempe, AZ 85281
Maricopa County: la Strephans, Assistant Di aricopa
Phone: 602-372-1526 E-mail: StrephansU@Mail.Maricopa.Gov
‘Address: 234 North Central Avenue, 34 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:
MARICOPA COUNTY
Chairman, Board of Supervisors
DATE
Attested to:
Clerk, Board of Supervisors
DATE
IN ACCORDANCE WITH A.RS. §§ 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:
Attomey for the Board of Supervisors
€2013-141
Approved By:
CITY OF TEMPE
IN ACCORDANCE WITH A.RS. §§ 11-952, 11-201, AND 11-251, THIS AGREEMENT ILAS BEEN REVIEWED BY
THE UNDERSIGNED CITY ATTORNEY WHO HAS DETERMINED THAT THIS AGREEMENT IS PROPER IN FORM
AND WITHIN THE POWER AND AUTHORITY GRANTED TO THE CITY UNDER THE LAWS OF THE STATE OF
ARIZONA.
APPROVED AS TO FORM:
July 31, 2013
DATE
Approved By:
Newtown Community Development Corporation
CHDO
Abe Crfe—
NAME EXECUTIVE DIRECTOR
ITs
r(21( L013
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.
Assistant Director means the Assistant Director of the Community Development Division of
the Human Services Department.
Board of Supervisors means the Maticopa County Board of Supervisors.
CHDO means the person, firm or organization listed on the Cover Page of this Agreement.
Contract Authority means the person administering this Agreement on behalf of the
Department
Contract Specialist means the liaison between the Department and the Administrator that is
responsible for contract monitoring and technical assistance.
County means Maricopa County.
Department means the Maricopa County Human Services Department.
Director means the Director of the Maricopa County Human Services Department.
Division means the Community Development Division of the Human Services Department.
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.
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.RS. §
11-952.
Juvenile means any person under the age of eighteen (18).
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.
Maricopa County Human Services Department/Community Development Division
Section I General Provisions
16. Performance Bond means a bond executed to secure fulfillment of all of the CHDO’s
obligations under this Agreement.
Program Manager means the Assistant Director of the Community Development Division of
the Human Services Department.
Public Agency has the meaning prescribed by A.RS. § 11-951.
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.
Subcontractor means an entity funded through the CHDO to provide any work or services
required by the Work Staternent.
Work Statement means the section of this Agreement that contains a description of the services
to be delivered pursuant to this Agreement.
GENERAL REQUIREMENTS
1. The terms of this Agreernent 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.
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.
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.
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.
For purposes of this provision, the terms substantial
5 1 13 1 1 9 1581 2307 144 33 91.984337 interest and relative shall have the
meanings prescribed by A.R.S. § 38-502.
AMENDME
All amendments to this Agreement shall be in writing and signed by authorized signers for all Parties.
ASSIGNMENT AND SUBCONTRACTING
No night, 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.
Maricopa County Human Services Department/Community Development Division
Section I General Provisions
AVAI ILITY 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.
Tf any action is taken by any State agency, federal department, or any other agency ot
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.
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.
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.
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
ot 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.
Pending a final decision of the Director of the Materials Managernent 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.
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
Maricopa County Human Services Department/Community Development Division 3 of 59
Section I General Provisions
or the Administrator, as applicable, is unable or fails to provide required services with the specified time
frame.
ERMINATION
i, 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.
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 ot
certified mail, postage prepaid and return receipt requested, to the persons at the addresses set
forth on Page One of this Agreement.
This Agreement may be terminated by mutual written agreement of the Parties specifying the
termination date therein.
The County has the tight 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.
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.
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 Agreernent 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.
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.
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
Maricopa County Human Services Department/Community Development Division 4 of 59
Section I General Provisions
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 ot 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.
E ICAL 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.
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, ef seg.). 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.
AUDIT DISALLOWANCES
1. The CHDO shall, upon wuitten 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 attomey’s fees the County spends to pursue legal action
relating to a disallowance. Court costs and attomney’s fees incurred shall be specifically identified
as applicable to the recovery of the disallowed costs in question.
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.
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.
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, ef seq.), to the extent any are applicable by reason of performance under this
Agreement.
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
Maricopa County Human Services Department/Community Development Division 5 of 59
Section I General Provisions
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.
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
Congtess, an officer or employee of Congress, or an employee of a member of Congtess 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
4 1 3 1 6 0 573 756 1400 49 -1
5 1 3 1 6 1 573 756 41 31 96.464310 of
5 1 3 1 6 2 620 756 169 43 96.902176 Lobbying
5 1 3 1 6 3 798 757 188 39 83.958588 Activities,”
5 1 3 1 6 4 999 757 32 32 96.694748 in
5 1 3 1 6 5 1043 759 195 31 96.694748 accordance
5 1 3 1 6 6 1248 759 77 33 95.701515 with
5 1 3 1 6 7 1337 760 37 32 95.701515 its
5 1 3 1 6 8 1386 760 201 33 96.092354 instructions
5 1 3 1 6 9 1601 762 63 31 96.490982 and
5 1 3 1 6 10 1676 763 37 30 96.490982 31
5 1 3 1 6 11 1728 763 111 32 93.153526 U.S.C.
5 1 3 1 6 12 1854 763 15 42 93.134781 §
5 1 3 1 6 13 1886 765 87 31 96.871529 1352.
2 1 4 0 0 0 421 858 1852 148 -1
3 1 4 1 0 0 421 858 1852 148 -1
4 1 4 1 1 0 423 858 524 37 -1
5 1 4 1 1 1 423 858 251 37 94.440186 RELIGIOUS
5 1 4 1 1 2 688 858 259 37 95.602707 ACTIVITIES
4 1 4 1 2 0 421 910 1852 53 -1
5 1 4 1 2 1 421 910 70 32 92.442154 The
5 1 4 1 2 2 504 910 129 33 92.442154 CHDO
5 1 4 1 2 3 646 919 148 24 96.553131 warrants
5 1 4 1 2 4 809 912 66 31 96.828377 that
5 1 4 1 2 5 886 924 86 21 96.720284 none
5 1 4 1 2 6 987 913 39 32 96.840172 of
5 1 4 1 2 7 1032 913 39 32 96.279694 its
5 1 4 1 2 8 1086 922 83 24 96.279694 costs
5 1 4 1 2 9 1182 913 146 33 91.048660 incurred
5 1 4 1 2 10 1340 915 41 43 96.975685 by
5 1 4 1 2 11 1392 927 60 31 96.984222 any
5 1 4 1 2 12 1464 916 245 33 95.388580 Subcontractor
5 1 4 1 2 13 1719 916 63 33 91.019638 will
5 1 4 1 2 14 1793 918 124 31 91.930557 include
5 1 4 1 2 15 1931 930 58 31 96.533035 any
5 1 4 1 2 16 2001 930 137 33 95.169220 expense
5 1 4 1 2 17 2153 919 50 33 95.169220 for
5 1 4 1 2 18 2214 931 59 32 96.150589 any
4 1 4 1 3 0 421 961 286 45 -1
5 1 4 1 3 1 421 961 143 44 84.666985 religious
5 1 4 1 3 2 578 963 129 43 96.038239 activity.
2 1 5 0 0 0 420 1063 1851 188 -1
3 1 5 1 0 0 423 1063 783 41 -1
4 1 5 1 1 0 423 1063 783 41 -1
5 1 5 1 1 1 423 1063 245 38 95.908188 POLITICAL
5 1 5 1 1 2 677 1065 222 39 95.171219 ACTIVITY
5 1 5 1 1 3 910 1068 296 36 95.442734 PROHIBITED
3 1 5 2 0 0 420 1116 1851 135 -1
4 1 5 2 1 0 420 1116 1851 52 -1
5 1 5 2 1 1 420 1117 99 30 96.798180 None
5 1 5 2 1 2 535 1116 41 31 96.486946 of
5 1 5 2 1 3 587 1117 52 32 96.999443 the
5 1 5 2 1 4 656 1117 105 39 96.924065 funds,
5 1 5 2 1 5 776 1119 163 39 96.373917 materials,
5 1 5 2 1 6 954 1128 158 34 96.773903 property,
5 1 5 2 1 7 1128 1131 38 21 86.435478 or
5 1 5 2 1 8 1179 1120 132 33 96.518211 services
5 1 5 2 1 9 1329 1120 198 33 96.402863 contributed
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5 1 5 2 1 12 1667 1123 115 33 96.821129 Parties
5 1 5 2 1 13 1799 1125 100 31 96.995300 under
5 1 5 2 1 14 1914 1125 59 31 96.991096 this
5 1 5 2 1 15 1988 1125 193 43 79.326653 Agreement
5 1 5 2 1 16 2196 1126 75 32 95.944664 shall
4 1 5 2 2 0 421 1167 1850 54 -1
5 1 5 2 2 1 421 1168 40 32 96.536423 be
5 1 5 2 2 2 477 1168 78 32 96.536423 used
5 1 5 2 2 3 573 1167 51 33 96.905380 for
5 1 5 2 2 4 639 1180 60 32 97.003067 any
5 1 5 2 2 5 714 1168 136 44 96.858902 partisan
5 1 5 2 2 6 866 1170 136 43 96.249016 political
5 1 5 2 2 7 1018 1171 122 44 96.880463 activity
5 1 5 2 2 8 1157 1183 36 20 93.855446 or
5 1 5 2 2 9 1209 1180 33 24 96.487061 to
5 1 5 2 2 10 1262 1171 120 33 96.487061 further
5 1 5 2 2 11 1397 1173 54 31 96.991943 the
5 1 5 2 2 12 1467 1173 132 33 95.977287 election
5 1 5 2 2 13 1616 1185 37 21 96.195557 or
5 1 5 2 2 14 1670 1174 105 33 96.195557 defeat
5 1 5 2 2 15 1791 1176 41 31 96.982170 of
5 1 5 2 2 16 1844 1188 60 31 96.707108 any
5 1 5 2 2 17 1920 1176 162 33 95.860855 candidate
5 1 5 2 2 18 2100 1177 51 32 95.860855 for
5 1 5 2 2 19 2166 1177 105 44 96.110260 public
4 1 5 2 3 0 421 1219 105 32 -1
5 1 5 2 3 1 421 1219 105 32 96.427200 office.
2 1 6 0 0 0 420 1323 1850 104 -1
3 1 6 1 0 0 420 1323 1850 104 -1
4 1 6 1 1 0 421 1323 941 39 -1
5 1 6 1 1 1 421 1323 263 31 96.673546 COVENANT
5 1 6 1 1 2 695 1324 202 38 94.710945 AGAINST
5 1 6 1 1 3 913 1324 323 38 94.710945 CONTINGENT
5 1 6 1 1 4 1250 1327 112 32 95.796066 FEES
4 1 6 1 2 0 420 1374 1850 53 -1
5 1 6 1 2 1 420 1374 86 32 96.490181 Both
5 1 6 1 2 2 519 1374 53 32 93.300514 the
5 1 6 1 2 3 585 1375 131 32 92.634293 CHDO
5 1 6 1 2 4 729 1375 63 32 97.014030 and
5 1 6 1 2 5 806 1377 52 32 97.014030 the
5 1 6 1 2 6 869 1377 246 33 96.838036 Administrator
5 1 6 1 2 7 1125 1386 134 24 89.359917 warrant
5 1 6 1 2 8 1271 1378 66 33 95.977486 that
5 1 6 1 2 9 1349 1390 43 22 95.977486 no
5 1 6 1 2 10 1406 1390 116 33 96.924278 person
5 1 6 1 2 11 1536 1392 38 20 96.797424 or
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5 1 6 1 2 13 1692 1381 56 32 97.010101 has
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5 1 6 1 2 16 2037 1395 38 20 96.720085 or
5 1 6 1 2 17 2087 1383 138 33 95.143440 retained
5 1 6 1 2 18 2237 1392 33 24 95.143440 to
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3 1 7 1 0 0 420 1425 1851 150 -1
4 1 7 1 1 0 421 1425 1847 54 -1
5 1 7 1 1 1 421 1425 100 33 93.722626 solicit
5 1 7 1 1 2 541 1437 38 21 93.722626 or
5 1 7 1 1 3 600 1438 108 20 96.670097 secure
5 1 7 1 1 4 731 1427 58 33 96.978493 this
5 1 7 1 1 5 811 1428 193 44 96.866646 Agreement
5 1 7 1 1 6 1024 1440 91 33 96.929100 upon
5 1 7 1 1 7 1137 1441 39 20 96.169273 an
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5 1 7 1 1 9 1400 1443 36 20 96.723602 or
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5 1 7 1 1 11 1725 1432 53 33 96.799942 for
5 1 7 1 1 12 1799 1446 16 20 96.615646 a
5 1 7 1 1 13 1838 1434 216 40 95.042793 commission,
5 1 7 1 1 14 2076 1443 192 36 96.334724 percentage,
4 1 7 1 2 0 420 1477 1851 54 -1
5 1 7 1 2 1 420 1477 171 44 92.304703 brokerage
5 1 7 1 2 2 612 1489 37 22 96.795547 or
5 1 7 1 2 3 669 1479 186 44 96.897842 contingent
5 1 7 1 2 4 876 1479 59 32 95.816475 fee.
5 1 7 1 2 5 978 1480 63 32 96.041458 For
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5 1 7 1 2 7 1197 1492 38 22 95.995636 or
5 1 7 1 2 8 1254 1482 152 32 95.656952 violation
5 1 7 1 2 9 1428 1482 39 33 96.468407 of
5 1 7 1 2 10 1485 1482 59 33 96.468407 this
5 1 7 1 2 11 1565 1493 159 34 94.950821 warranty,
5 1 7 1 2 12 1748 1485 54 32 96.757362 the
5 1 7 1 2 13 1824 1486 128 43 96.471527 County
5 1 7 1 2 14 1971 1497 71 33 96.993690 may
5 1 7 1 2 15 2061 1486 210 45 96.280014 immediately
4 1 7 1 3 0 420 1528 727 47 -1
5 1 7 1 3 1 420 1528 162 32 96.728317 terminate
5 1 7 1 3 2 596 1530 58 32 96.748550 this
5 1 7 1 3 3 666 1530 194 44 96.482620 Agreement
5 1 7 1 3 4 870 1531 137 32 96.339981 without
5 1 7 1 3 5 1017 1531 130 44 94.354378 liability.
2 1 8 0 0 0 421 1632 1118 42 -1
3 1 8 1 0 0 421 1632 1118 42 -1
4 1 8 1 1 0 421 1632 1118 42 -1
5 1 8 1 1 1 421 1632 363 38 96.126114 SAFEGUARDING
5 1 8 1 1 2 798 1633 60 32 95.695618 OF
5 1 8 1 1 3 871 1633 310 38 96.343735 PARTICIPANT
5 1 8 1 1 4 1196 1636 343 38 96.272049 INFORMATION
2 1 9 0 0 0 417 1683 1853 258 -1
3 1 9 1 0 0 417 1683 1853 258 -1
4 1 9 1 1 0 417 1683 1850 53 -1
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5 1 9 1 1 2 500 1695 56 21 96.952103 use
5 1 9 1 1 3 571 1695 37 21 95.285698 or
5 1 9 1 1 4 621 1684 171 32 95.285698 disclosure
5 1 9 1 1 5 807 1686 41 42 96.986519 by
5 1 9 1 1 6 861 1698 59 32 96.957809 any
5 1 9 1 1 7 933 1687 90 43 96.931213 Party
5 1 9 1 1 8 1036 1687 41 32 97.006981 of
5 1 9 1 1 9 1086 1698 59 33 96.759323 any
5 1 9 1 1 10 1157 1687 208 34 96.365150 information
5 1 9 1 1 11 1380 1689 192 44 95.529518 concerning
5 1 9 1 1 12 1584 1701 38 20 94.965248 an
5 1 9 1 1 13 1637 1690 159 44 94.965248 applicant
5 1 9 1 1 14 1811 1690 49 34 93.968941 for
5 1 9 1 1 15 1874 1702 37 22 95.788635 or
5 1 9 1 1 16 1923 1692 150 44 95.788635 recipient
5 1 9 1 1 17 2087 1692 40 33 96.975594 of
5 1 9 1 1 18 2136 1693 131 32 96.800926 services
4 1 9 1 2 0 418 1736 1852 49 -1
5 1 9 1 2 1 418 1736 101 31 96.441483 under
5 1 9 1 2 2 537 1736 60 33 96.954254 this
5 1 9 1 2 3 615 1737 194 42 96.575317 Agreement
5 1 9 1 2 4 826 1737 25 33 96.637604 is
5 1 9 1 2 5 871 1737 127 45 96.666763 directly
5 1 9 1 2 6 1014 1739 120 31 96.382973 limited
5 1 9 1 2 7 1152 1748 33 24 96.915428 to
5 1 9 1 2 8 1206 1740 53 32 96.955879 the
5 1 9 1 2 9 1278 1740 140 32 96.696304 conduct
5 1 9 1 2 10 1437 1742 41 31 96.260086 of
5 1 9 1 2 11 1493 1742 57 31 96.519005 this
5 1 9 1 2 12 1571 1742 199 43 96.519005 Agreement.
5 1 9 1 2 13 1809 1743 86 32 96.457436 Both
5 1 9 1 2 14 1916 1745 50 31 92.578629 the
5 1 9 1 2 15 1986 1745 131 33 92.885597 CHDO
5 1 9 1 2 16 2136 1746 63 30 96.410500 and
5 1 9 1 2 17 2219 1746 51 32 96.997643 the
4 1 9 1 3 0 417 1787 1851 51 -1
5 1 9 1 3 1 417 1787 245 33 51.733585 Administrator
5 1 9 1 3 2 678 1788 63 32 96.776733 and
5 1 9 1 3 3 758 1788 79 33 66.924606 their
5 1 9 1 3 4 852 1797 107 36 96.812157 agents
5 1 9 1 3 5 976 1790 76 33 96.209679 shall
5 1 9 1 3 6 1069 1791 164 44 96.835213 safeguard
5 1 9 1 3 7 1250 1791 52 32 96.988022 the
5 1 9 1 3 8 1320 1793 244 43 96.807884 confidentiality
5 1 9 1 3 9 1580 1793 40 33 96.972122 of
5 1 9 1 3 10 1632 1793 60 33 96.983246 this
5 1 9 1 3 11 1709 1794 217 41 95.865074 information,
5 1 9 1 3 12 1941 1796 62 42 95.865074 just
5 1 9 1 3 13 2019 1808 32 19 96.916847 as
5 1 9 1 3 14 2070 1796 53 31 93.125938 the
5 1 9 1 3 15 2139 1797 129 32 91.618561 CHDO
4 1 9 1 4 0 418 1839 1850 47 -1
5 1 9 1 4 1 418 1839 62 32 96.504692 and
5 1 9 1 4 2 498 1839 53 32 96.879112 the
5 1 9 1 4 3 565 1839 247 33 96.635193 Administrator
5 1 9 1 4 4 826 1841 108 31 96.409721 would
5 1 9 1 4 5 951 1842 164 44 96.409721 safeguard
5 1 9 1 4 6 1131 1842 79 32 96.229446 their
5 1 9 1 4 7 1227 1854 75 21 96.574745 own
5 1 9 1 4 8 1319 1844 202 31 96.505943 confidential
5 1 9 1 4 9 1535 1844 217 33 96.388771 information.
5 1 9 1 4 10 1785 1847 69 31 93.297668 The
5 1 9 1 4 11 1872 1847 129 33 91.482712 CHDO
5 1 9 1 4 12 2021 1848 76 32 96.055397 shall
5 1 9 1 4 13 2112 1848 123 32 96.864052 include
5 1 9 1 4 14 2252 1860 16 21 96.929306 a
4 1 9 1 5 0 420 1890 1503 51 -1
5 1 9 1 5 1 420 1890 101 33 93.483292 clause
5 1 9 1 5 2 535 1899 31 24 93.483292 to
5 1 9 1 5 3 581 1890 58 33 96.900368 this
5 1 9 1 5 4 652 1892 98 31 93.168587 effect
5 1 9 1 5 5 760 1892 34 31 96.859802 in
5 1 9 1 5 6 807 1892 38 31 93.282455 all
5 1 9 1 5 7 855 1893 224 33 91.059135 Subcontracts
5 1 9 1 5 8 1094 1895 127 31 96.698433 entered
5 1 9 1 5 9 1232 1895 69 31 94.937042 into
5 1 9 1 5 10 1311 1895 35 31 94.937042 in
5 1 9 1 5 11 1358 1896 190 32 96.084305 connection
5 1 9 1 5 12 1560 1896 75 32 96.997414 with
5 1 9 1 5 13 1649 1896 60 33 96.982681 this
5 1 9 1 5 14 1721 1898 202 43 96.681007 Agreement.
2 1 10 0 0 0 417 1992 1853 252 -1
3 1 10 1 0 0 420 1992 378 41 -1
4 1 10 1 1 0 420 1992 378 41 -1
5 1 10 1 1 1 420 1992 171 38 96.166206 RIGHTS
5 1 10 1 1 2 604 1995 55 30 96.166801 IN
5 1 10 1 1 3 670 1994 128 39 96.676544 DATA
3 1 10 2 0 0 417 2045 1853 199 -1
4 1 10 2 1 0 417 2045 1853 51 -1
5 1 10 2 1 1 417 2045 69 31 96.920830 The
5 1 10 2 1 2 502 2045 115 33 96.209671 Parties
5 1 10 2 1 3 636 2046 76 32 96.184517 shall
5 1 10 2 1 4 729 2046 80 32 96.184517 have
5 1 10 2 1 5 827 2048 52 31 96.986046 the
5 1 10 2 1 6 897 2060 56 19 96.579880 use
5 1 10 2 1 7 970 2048 41 33 96.973495 of
5 1 10 2 1 8 1024 2049 71 32 96.787125 data
5 1 10 2 1 9 1112 2049 61 32 96.959999 and
5 1 10 2 1 10 1190 2058 123 35 95.928673 reports
5 1 10 2 1 11 1332 2051 149 43 93.819359 resulting
5 1 10 2 1 12 1497 2051 84 31 95.452026 from
5 1 10 2 1 13 1599 2051 60 33 95.452026 this
5 1 10 2 1 14 1677 2052 194 44 96.878403 Agreement
5 1 10 2 1 15 1886 2054 135 31 96.792137 without
5 1 10 2 1 16 2039 2063 69 24 96.996201 cost
5 1 10 2 1 17 2126 2066 36 21 96.492493 or
5 1 10 2 1 18 2178 2055 92 32 96.969353 other
4 1 10 2 2 0 417 2097 1851 53 -1
5 1 10 2 2 1 417 2097 183 39 95.639702 restriction,
5 1 10 2 2 2 618 2106 111 35 96.503113 except
5 1 10 2 2 3 745 2109 32 21 96.927437 as
5 1 10 2 2 4 795 2099 167 33 96.636017 otherwise
5 1 10 2 2 5 978 2100 155 44 96.438164 provided
5 1 10 2 2 6 1149 2100 41 44 97.013466 by
5 1 10 2 2 7 1203 2100 62 33 96.626022 law
5 1 10 2 2 8 1280 2112 37 21 94.841782 or
5 1 10 2 2 9 1334 2102 169 43 96.141396 applicable
5 1 10 2 2 10 1520 2103 180 44 96.080467 regulation.
5 1 10 2 2 11 1733 2105 89 31 96.121323 Each
5 1 10 2 2 12 1838 2106 91 42 96.785660 Party
5 1 10 2 2 13 1944 2105 77 33 96.943031 shall
5 1 10 2 2 14 2037 2106 113 44 95.803101 supply
5 1 10 2 2 15 2166 2114 33 24 96.950798 to
5 1 10 2 2 16 2217 2106 51 33 96.950798 the
4 1 10 2 3 0 418 2150 1850 51 -1
5 1 10 2 3 1 418 2150 92 31 96.367126 other
5 1 10 2 3 2 532 2150 98 43 96.317322 Party,
5 1 10 2 3 3 654 2160 90 33 96.662346 upon
5 1 10 2 3 4 768 2160 135 35 96.576645 request,
5 1 10 2 3 5 927 2163 60 32 96.576645 any
5 1 10 2 3 6 1009 2153 146 31 96.680367 available
5 1 10 2 3 7 1178 2153 208 33 96.746429 information
5 1 10 2 3 8 1412 2154 66 32 96.871300 that
5 1 10 2 3 9 1500 2154 24 32 96.623833 is
5 1 10 2 3 10 1550 2154 136 33 96.829460 relevant
5 1 10 2 3 11 1712 2163 33 24 96.806831 to
5 1 10 2 3 12 1772 2156 58 33 96.819397 this
5 1 10 2 3 13 1854 2157 194 44 96.618126 Agreement
5 1 10 2 3 14 2070 2159 63 30 96.927841 and
5 1 10 2 3 15 2157 2166 33 24 96.168457 to
5 1 10 2 3 16 2217 2159 51 31 95.894684 the
4 1 10 2 4 0 417 2201 416 43 -1
5 1 10 2 4 1 417 2201 221 43 96.638954 performance
5 1 10 2 4 2 649 2201 184 33 96.262527 hereunder.
2 1 11 0 0 0 417 2303 1851 252 -1
3 1 11 1 0 0 417 2303 1851 252 -1
4 1 11 1 1 0 448 2303 242 33 -1
5 1 11 1 1 1 448 2303 242 33 92.092499 OPYRIGHT
4 1 11 1 2 0 418 2355 1850 53 -1
5 1 11 1 2 1 418 2355 34 32 95.826454 If
5 1 11 1 2 2 460 2355 59 33 96.521217 this
5 1 11 1 2 3 534 2357 192 42 94.829987 Agreement
5 1 11 1 2 4 738 2358 110 32 96.646378 results
5 1 11 1 2 5 863 2357 33 33 96.746742 in
5 1 11 1 2 6 909 2370 17 20 96.658104 a
5 1 11 1 2 7 940 2358 90 32 95.789932 book
5 1 11 1 2 8 1044 2370 38 21 96.191582 or
5 1 11 1 2 9 1095 2360 90 31 96.741249 other
5 1 11 1 2 10 1197 2360 123 31 96.389664 written
5 1 11 1 2 11 1334 2360 145 40 95.405693 material,
5 1 11 1 2 12 1496 2361 51 32 95.405693 the
5 1 11 1 2 13 1562 2361 114 32 95.526810 author
5 1 11 1 2 14 1688 2361 24 33 96.363907 is
5 1 11 1 2 15 1728 2361 66 33 94.067741 free
5 1 11 1 2 16 1809 2370 33 24 96.738884 to
5 1 11 1 2 17 1857 2363 164 45 95.687004 copyright
5 1 11 1 2 18 2034 2364 53 32 96.332458 the
5 1 11 1 2 19 2099 2364 99 41 96.747398 work,
5 1 11 1 2 20 2211 2366 57 31 97.012665 but
4 1 11 1 3 0 418 2406 1849 54 -1
5 1 11 1 3 1 418 2406 52 33 96.923416 the
5 1 11 1 3 2 486 2408 128 43 96.970177 County
5 1 11 1 3 3 627 2420 140 21 95.307861 reserves
5 1 11 1 3 4 784 2421 17 20 95.307861 a
5 1 11 1 3 5 816 2409 206 44 96.787720 royalty-free,
5 1 11 1 3 6 1038 2411 234 39 96.899216 nonexclusive,
5 1 11 1 3 7 1287 2412 162 44 94.063988 perpetual
5 1 11 1 3 8 1466 2412 61 32 96.613037 and
5 1 11 1 3 9 1542 2412 192 33 95.901367 irrevocable
5 1 11 1 3 10 1749 2414 116 33 95.947884 license
5 1 11 1 3 11 1884 2423 32 24 95.905418 to
5 1 11 1 3 12 1932 2415 185 44 95.905418 reproduce,
5 1 11 1 3 13 2132 2417 135 43 96.536835 publish,
4 1 11 1 4 0 417 2459 1850 52 -1
5 1 11 1 4 1 417 2471 65 27 96.979424 use,
5 1 11 1 4 2 498 2459 62 31 96.900948 and
5 1 11 1 4 3 577 2468 34 24 95.845039 to
5 1 11 1 4 4 627 2460 162 32 95.315430 authorize
5 1 11 1 4 5 805 2462 107 31 92.804924 others
5 1 11 1 4 6 933 2469 32 24 94.984947 to
5 1 11 1 4 7 981 2474 56 19 94.984947 use
5 1 11 1 4 8 1053 2462 38 31 96.166061 all
5 1 11 1 4 9 1107 2463 204 44 96.350998 copyrighted
5 1 11 1 4 10 1328 2463 136 32 95.859505 material
5 1 11 1 4 11 1481 2465 61 31 96.663094 and
5 1 11 1 4 12 1559 2465 37 31 96.663094 all
5 1 11 1 4 13 1613 2465 138 31 96.807770 material
5 1 11 1 4 14 1767 2466 68 32 96.509422 that
5 1 11 1 4 15 1850 2478 58 20 96.509422 can
5 1 11 1 4 16 1926 2468 39 30 96.395683 be
5 1 11 1 4 17 1982 2468 203 43 95.510719 copyrighted
5 1 11 1 4 18 2202 2480 32 21 95.510719 as
5 1 11 1 4 19 2252 2481 15 20 95.894539 a
4 1 11 1 5 0 417 2511 426 44 -1
5 1 11 1 5 1 417 2511 93 32 97.004402 result
5 1 11 1 5 2 523 2511 40 32 96.716354 of
5 1 11 1 5 3 571 2511 59 32 96.781563 this
5 1 11 1 5 4 642 2511 201 44 96.396309 Agreement.
2 1 12 0 0 0 416 2613 1852 304 -1
3 1 12 1 0 0 417 2613 210 38 -1
4 1 12 1 1 0 417 2613 210 38 -1
5 1 12 1 1 1 417 2613 210 38 96.118492 PATENTS
3 1 12 2 0 0 416 2666 1852 251 -1
4 1 12 2 1 0 416 2666 1851 52 -1
5 1 12 2 1 1 416 2666 72 43 96.983055 Any
5 1 12 2 1 2 504 2666 162 45 96.589088 discovery
5 1 12 2 1 3 682 2679 37 20 94.934883 or
5 1 12 2 1 4 733 2667 165 33 96.852783 invention
5 1 12 2 1 5 915 2669 113 43 96.897156 arising
5 1 12 2 1 6 1042 2678 58 24 97.000381 out
5 1 12 2 1 7 1116 2670 45 38 92.167007 of,
5 1 12 2 1 8 1178 2682 37 20 96.809708 or
5 1 12 2 1 9 1232 2670 177 44 96.809708 developed
5 1 12 2 1 10 1424 2670 31 33 95.338417 in
5 1 12 2 1 11 1473 2672 51 31 95.338417 the
5 1 12 2 1 12 1541 2684 112 21 97.008270 course
5 1 12 2 1 13 1670 2672 45 39 96.946579 of,
5 1 12 2 1 14 1730 2673 91 32 96.898293 work
5 1 12 2 1 15 1836 2673 92 32 96.943680 aided
5 1 12 2 1 16 1943 2675 42 43 96.971123 by
5 1 12 2 1 17 2000 2675 60 31 97.016197 this
5 1 12 2 1 18 2076 2675 191 43 96.988205 Agreement
4 1 12 2 2 0 417 2718 1849 53 -1
5 1 12 2 2 1 417 2718 76 32 96.818329 shall
5 1 12 2 2 2 506 2718 40 32 96.980911 be
5 1 12 2 2 3 559 2718 161 44 96.560310 promptly
5 1 12 2 2 4 733 2720 63 31 96.680763 and
5 1 12 2 2 5 810 2720 75 43 96.680763 fully
5 1 12 2 2 6 896 2721 148 44 95.821877 reported
5 1 12 2 2 7 1059 2729 33 24 96.897949 to
5 1 12 2 2 8 1107 2721 53 32 96.795189 the
5 1 12 2 2 9 1173 2723 213 43 96.774254 Department
5 1 12 2 2 10 1401 2723 50 33 96.929993 for
5 1 12 2 2 11 1464 2723 240 33 96.522064 determination
5 1 12 2 2 12 1719 2736 32 20 96.522064 as
5 1 12 2 2 13 1767 2733 33 24 96.986610 to
5 1 12 2 2 14 1814 2726 141 31 96.432587 whether
5 1 12 2 2 15 1967 2734 109 35 96.799316 patent
5 1 12 2 2 16 2088 2727 178 44 96.799316 protection
4 1 12 2 3 0 417 2769 1851 54 -1
5 1 12 2 3 1 417 2781 43 20 96.790657 on
5 1 12 2 3 2 474 2771 76 31 96.790657 such
5 1 12 2 3 3 566 2769 163 33 96.727264 invention
5 1 12 2 3 4 742 2783 38 19 92.831970 or
5 1 12 2 3 5 793 2772 164 44 96.926132 discovery
5 1 12 2 3 6 970 2772 75 33 96.939392 shall
5 1 12 2 3 7 1059 2774 41 31 96.961838 be
5 1 12 2 3 8 1115 2774 115 43 96.651093 sought
5 1 12 2 3 9 1244 2774 62 31 96.923592 and
5 1 12 2 3 10 1319 2774 77 33 96.985550 how
5 1 12 2 3 11 1409 2775 52 32 96.899857 the
5 1 12 2 3 12 1473 2775 96 44 95.648666 rights
5 1 12 2 3 13 1583 2775 31 32 96.900269 in
5 1 12 2 3 14 1629 2775 53 32 96.566536 the
5 1 12 2 3 15 1694 2775 166 33 96.203835 invention
5 1 12 2 3 16 1874 2789 37 21 95.774864 or
5 1 12 2 3 17 1925 2777 171 45 96.858620 discovery,
5 1 12 2 3 18 2108 2778 160 45 96.697441 including
4 1 12 2 4 0 416 2821 1851 52 -1
5 1 12 2 4 1 416 2821 94 45 82.184448 rights
5 1 12 2 4 2 531 2822 101 31 96.051971 under
5 1 12 2 4 3 649 2834 60 32 96.943985 any
5 1 12 2 4 4 727 2831 110 36 97.003708 patent
5 1 12 2 4 5 853 2823 107 34 96.785347 issued
5 1 12 2 4 6 981 2825 140 39 96.785347 thereon,
5 1 12 2 4 7 1142 2825 76 32 96.492195 shall
5 1 12 2 4 8 1236 2826 41 32 96.492195 be
5 1 12 2 4 9 1298 2826 151 44 96.859329 disposed
5 1 12 2 4 10 1469 2826 39 32 96.985069 of
5 1 12 2 4 11 1523 2828 63 31 96.985069 and
5 1 12 2 4 12 1604 2828 232 39 96.904709 administered,
5 1 12 2 4 13 1856 2828 31 33 96.996391 in
5 1 12 2 4 14 1908 2829 92 33 96.856010 order
5 1 12 2 4 15 2019 2837 35 26 96.951439 to
5 1 12 2 4 16 2073 2838 123 35 96.875397 protect
5 1 12 2 4 17 2216 2831 51 32 96.952423 the
4 1 12 2 5 0 417 2873 249 44 -1
5 1 12 2 5 1 417 2873 104 44 96.210609 public
5 1 12 2 5 2 533 2873 133 33 96.897377 interest.
2 1 13 0 0 0 266 3014 1347 42 -1
3 1 13 1 0 0 266 3014 1347 42 -1
4 1 13 1 1 0 266 3014 1347 42 -1
5 1 13 1 1 1 266 3014 153 36 96.606514 Maricopa
5 1 13 1 1 2 432 3014 114 38 96.368896 County
5 1 13 1 1 3 560 3015 118 29 96.193794 Human
5 1 13 1 1 4 691 3015 142 31 93.304642 Services
5 1 13 1 1 5 847 3017 394 38 90.832520 Department/Community
5 1 13 1 1 6 1254 3018 219 38 95.615479 Development
5 1 13 1 1 7 1487 3020 126 29 96.471130 Division
2 1 14 0 0 0 84 66 2368 3143 -1
3 1 14 1 0 0 84 66 2368 3143 -1
4 1 14 1 1 0 84 66 2368 3143 -1
5 1 14 1 1 1 84 66 2368 3143 95.000000
Section I General Provisions
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.
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.
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.
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.
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, ef seq.).
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.
INSURANCE
The CHDO and the Administrator 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 such losses as are set forth below. The CHDO and the
Administrator shall each name the County as an additional insured party. The CHDO and the
Administrator shall each provide the Department with documentation of insurance coverage by furnishing
the Contract Authority a certificate of insurance or a certified copy of the insurance policy or other
documentation that is required by the Contract Authority.
1. The following types and amounts of insurance are required as minimum:
a. Workers’ Compensation according to statutory limits.
Maricopa County Human Services Department/Community Development Division
Section I General Provisions
Unemployment Insurance as required by Arizona Law.
Public Liability, Bodily Injury, and Property Damage;
1) General Liability, each occurrence, $1,000,000
2) Property Damage $1,000,000; or
3) Combined single limit, each occurrence, $1,000,000 minimum.
Automobile and Truck Liability, Bodily Injury, and Property Damages:
1) General Liability, each occurrence, $1,000,000
2) Property Damage $1,000,000; or
3) Combined single limit, each occurrence, $1,000,000 minimum.
Standard minimum deductible amounts are allowable. Any deductible amounts are the
responsibility of the CHDO and the Administrator and reimbursement, if any, under this
Agreement are subject to regulatory provisions of the funding source(s) of this
Agreement.
Property or equipment purchased or fumished through funds provided under this
Agreement shall be fully insured for the purchase or replacement cost of such property
or equipment.
If either the CHDO or the Administrator provides professional or semi-professional personal
services for which malpractice or professional liability coverage is available, such as medical,
psychiatric, or legal services shall carry minimum liability coverage of $1,000,000 each occurrence
and provide the Department with proof of coverage.
G
The CHDO shall not receive any initial reimbursements under this Agreement in an amount
gteater than the CHDO's bonding limit. The CHDO shall provide the Contract Authority with
documentation of required bonding,
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.
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.
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.
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
Maricopa County Human Services DepartmenU¥Community Development Division 8 of 59
Section I General Provisions
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, ef seg.); the Rehabilitation Act of 1973, as amended (29 U.S.C. §§
701, ef seq.); the Age Discrimination in Employment Act of 1967, as amended (29 U.S.C. §§ 621, ef seq.); the
Americans With Disabilities Act of 1990 (42 U.S.C. §§ 12101, ef seq); and Arizona Executive Order 99-4,
which mandates that all persons shall have equal access to employment opportunities.
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.
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.
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.
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 ptovided to eligible participants, the CHDO shall
reimburse the County for the services not supported and documented.
COMPETITIVE BID REQUIREMENTS
1. Equipment
The CHDO shall obtain all equipment to be utilized under this Agreement and purchased with
funds provided under this Agreement at the lowest practical cost pursuant to the following
competitive bidding system:
a. Procurements in excess of $300, but less than $1,000, require oral price quotations from
two or more vendors. The CHDO shall keep and maintain a record of the vendors’
verbal quotations. The CHDO’s award shall be made to the lowest bidder meeting
specification requirements concerning price, conformity to specifications, and other
purchasing factors.
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.
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 Authouty’s prior written approval to purchase supplies by an alternate method.
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Section J General Provisions
ity, Women, and Small Busin etprises
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.
If the Contractor is a Public Agency, the Contractor's own bidding procedures shall govern.
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.
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.
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.
DRUG FREE WORKPLACE ACT
The CHDO and the Administrator shall comply with the Drug-Free Workplace Act of 1988 (41 U.S.C. §§
701, ef 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.
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.
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
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.
CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY AND
VOL 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,
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Section I General Provisions
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;
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 ctiminal 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;
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
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;
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
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.
Should the Subrecipient not be able to provide this Certification, an explanation as to why shall be
immediately provided to the Department, Attention: Ursula Strephans, 234 N. Central Ave. Third Floor,
Phoenix, AZ 85004.
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, ef 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 (1-9), as
required by the U.S. Department of Labor’s Immigration Reform and Control Act of 1986 (Pub. L. No.
99-603), for all employees performing work under the Contract. I-9 forms are available for download at
USCIS.GOV.
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Section I General Provisions
Each Party warrants that it is in compliance with A.RS. § 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 ARS. § 23-214;
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;
That each Party and any contracting government entity retains the legal tight 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 undet 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.
COMPLIANCE WITH A.R.S. §§ 35-391.06 AND 35-393.06 (SCRUTINIZED BUSINESS
RELATIONS WITH SUDAN AND IRAN):
By entering into this Agreement, each Party certifies it does not have scrutinized business operations in
Sudan or Iran. Each Party shall obtain statements from its Subcontractors certifying compliance and shall
furnish the statements to the other Party upon request. These warranties shall remain in effect through
the term of this Agreement.
Any Party may request verification of compliance from any other Party or any Subcontractor performing
work under this Agreement. Should any Party suspect or find that another Party or any of its
Subcontractors are not in compliance, the Party suspecting or finding non-compliance may pursue any and
all remedies allowed by law, including, but not limited to: suspension of work, immediate termination of
this Agreement for default, and suspension and/or debarment of the other Party. Each Party shall bear its
own costs necessary to verify compliance with this provision.
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Section IJ Special Provisions
SECTION II
SPECIAL PROVISIONS
Maricopa County
Human Services
Maricopa County Human Services Department/Community Development Division
Section II Special Provisions
A. EFFECT
To the extent that the Section Il Special Provisions are in conflict with the Section | 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.)
DEFINITIONS
As used throughout this Section, as a supplement to the Definitions in Section |, 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.
Agency means the Maricopa County Human Development which is the lead agency of
the Maricopa HOME Consortium.
BOS means the Maricopa County Board of Supervisors.
CD means Community Development.
CDAC means the Community Development Advisory Committee.
CDBG means Community Development Block Grant.
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.
COUNTY means Maricopa County.
Department means the Maricopa County Human Services Department.
Developer means an organization that owns property and develops the project or has
the contractual obligation to a property owner to develop a project.
Division means the Community Development Division of the Human Services
Department.
Fiscal Year means a program year from July 1° to June 30":
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.
HOME means HOME Investment Partnerships Program.
HUD means U.S. Department of Housing and Urban Development and is also a grantor.
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.
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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