IGA RE AFFORDABLE HOUSING WITH TOWN OF GILBERT.PDF

INTERGOVERNMENTAL AGREEMENT
FOR SERVICES BETWEEN
MARICOPA COUNTY
ADMINISTERED BY ITS
HUMAN SERVICES DEPARTMENT
AND
THE TOWN OF GILBERT
Contract Number:
Contract Amount: $621,053.00
Contract Start Date: 9/30/2026
Contract Termination Date: 9/30/2028
ALN Number: 14.239 – HOME Investment Partnerships Program
UEI No.: LT9LGV6J7S36
This Intergovernmental Agreement (“Agreement”) is entered into between the Town of Gilbert
(“Subrecipient”) and Maricopa County, administered by its Human Services Department,
(“County”). The Subrecipient and County are collectively referred to here as the “Parties” and
individually as a “Party.” The Subrecipient, for and in consideration of the covenants and
conditions set forth in this Agreement, shall provide and perform the services contained in it.
The County is the recipient of funds from the United States Government under Title I of the
Housing and Community Development Act of 1974, as amended (HCD Act), Public Law 93-383.
The Parties wish to enter into this Agreement to complete the services identified in Section 3 Work
Statement of this Agreement.
The parties agree to all rights and obligations of the Parties and shall be governed by the terms
of this Agreement, its exhibits, attachments, and appendices, including any Subcontracts,
Amendments, or Change Orders as set forth in this Agreement and in:
Section 1 – General Provisions
Section 2 – Special Provisions
Section 3 – Work Statement
Section 4 – Compensation
Section 5 – Attachments
The Parties agree to the terms and conditions set forth in this Agreement. The Parties hereby
authorized the undersigned to execute this Agreement on their behalf.
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IN WITNESS, the Parties have approved and signed this Agreement:
APPROVED BY: APPROVED BY:
THE TOWN OF GILBERT MARICOPA COUNTY
Scott Anderson, Mayor Date Kate Brophy McGee Date
Chair, Board of Supervisors
Attested to: Attested to:
Chaveli Herrera, Town Clerk Date Juanita Garza Date
Clerk, Board of Supervisors
IN ACCORDANCE WITH A.R.S. §§ 9-240 and IN ACCORDANCE WITH A.R.S. §§ 11-201,
11-952, THIS AGREEMENT HAS BEEN 11-251, AND 11-952, THIS AGREEMENT HAS
REVIEWED BY THE UNDERSIGNED BEEN REVIEWED BY THE UNDERSIGNED
ATTORNEY WHO HAS DETERMINED THIS ATTORNEY WHO HAS DETERMINED THIS
AGREEMENT IS PROPER IN FORM AND AGREEMENT IS PROPER IN FORM AND
WITHIN THE POWERS AND AUTHORITY WITHIN THE POWERS AND AUTHORITY
GRANTED TO THE TOWN OF GILBERT GRANTED TO MARICOPA COUNTY UNDER
UNDER THE LAWS OF THE STATE OF THE LAWS OF THE STATE OF ARIZONA.
ARIZONA.
APPROVED AS TO FORM: APPROVED AS TO FORM:
Town Attorney Date Deputy County Attorney Date
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SECTION 1
GENERAL PROVISIONS
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Section 1 General Provisions
1.0 PURPOSE
The County shall provide the Subrecipient with U.S. Department of Housing and Urban
Development (HUD) HOME Investment Partnership Program funds for the provision of
HOME activities as identified in Section 3 (Work Statement).
2.0 NOTICES
All notices to be given pursuant to this Agreement will be delivered to the individuals and
addresses listed below. Notices may be delivered via certified or registered mail (postage
prepaid), overnight courier, or via email.
For Maricopa County:
Representative: Jamie Macfarlane, Assistant Director, Housing and Community
Development Division
Phone: 602-506-5813
E-mail: Jamie.Macfarlane@maricopa.gov
Address: 234 North Central Avenue, Third Floor, Phoenix, Arizona 85004
*2233 W. Dunlap Avenue, 4th Floor
Phoenix, AZ 85021 (effective 11/9/26)
For Town of Gilbert:
Representative: Linda Ayres, Community Resources Manager
Phone: 480-273-5545
E-mail: Linda.Ayres@gilbertaz.gov
Address: 50 East Civic Center Drive, Gilbert, Arizona 85296
3.0 TERM OF AGREEMENT
This Agreement shall be effective upon approval and signature by both Parties. The Term
of this Agreement shall commence on September 30, 2026, and terminate on the
Agreement Termination Date listed on page 1 of this Agreement.
4.0 RENEWAL
This Agreement may be renewed by a written amendment provided the Subrecipient is in
full compliance with all terms and conditions of this Agreement. Under A.R.S. § 11-952, no
renewal may exceed the duration of the previous agreement. After the expiration of the
Initial Term, this Agreement may be renewed for up to three (3) successive one-year terms
(each, a “Renewal Term”) upon mutual written agreement by the Parties, provided that
Subrecipient is in full compliance with all terms and conditions of this Agreement. The
County shall provide written notification to Subrecipient at least sixty (60) days prior to the
expiration of the Agreement, or any additional terms thereafter, of its desire to renew the
Agreement. The Initial Term and any Renewal Term(s) are collectively referred to herein
as the “Term.” Any renewal of this Agreement shall be on the same terms, covenants and
conditions contained in this Agreement, unless the Parties agree otherwise.
5.0 AMENDMENTS
All Amendments to this Agreement shall be in writing and signed by authorized signers for
both Parties.
6.0 ADMINISTRATIVE CHANGE ORDERS AND ADDENDA
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Section 1 General Provisions
6.1 Administrative Change Orders and Addenda – The Chair of the Board of
Supervisors is authorized upon the recommendation of the Human Services
Department Director and Legal Counsel to review and execute administrative
changes to the Agreement on behalf of the County through Administrative Change
Orders,. The Administrative Change Orders will be effective upon execution by
both of the Parties.
6.1.1 Administrative Change Orders shall address any of the following changes:
6.1.1.1 Modifications to the Project timeline if the last day of the Project
timeline is within the Agreement term;
6.1.1.2 Modifications to Budget line items if the Agreement Amount remains
unchanged;
6.1.1.3 Modifications required by federal, state, or County regulations,
ordinances, or policies; and/or
6.1.1.4 Modifications to administrative requirements such as changes in
reporting periods, frequency of reports, or report formats required
by federal, state or local regulations, policies, or requirements;
6.1.2 Addenda: The Subrecipient shall submit to the Human Services
Department an Addendum when a property has been identified and will be
acquired by the Subrecipient. The Assistant Director for Housing and
Community Development is authorized upon the recommendation of the
Human Services Department Director and Legal Counsel to review and
execute Addenda to the Agreement that are the subject of Section 3 –
Statement of Work of this Agreement, on behalf of the County. The
Addenda will be effective upon execution by both of the Parties, and which
shall thereby be incorporated into the Agreement.
6.1.2.1 An Addendum shall be integrated into the Agreement.
6.1.2.2 A sample Addendum is attached as Attachment 3.
7.0 ACRONYMS AND DEFINITIONS
Acronyms and Definitions found under 2 C.F.R. §§ 200.0 & 200.1 are incorporated by
reference.
8.0 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 in this Agreement shall
operate to increase the Operating Budget without a written amendment to this Agreement.
9.0 TERMINATION
9.1 Under A.R.S. § 38-511, the Parties 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 one Party at any time while this Agreement or any extension
of this Agreement is in effect, is or becomes an employee or agent of any other party
to this Agreement in any capacity or consultant to any other party to this Agreement
with respect to the subject matter of this Agreement.
9.2 Additionally, pursuant to A.R.S. § 38-511, either Party may 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 the one Party from the
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Section 1 General Provisions
other party to this Agreement arising as the result of this Agreement. A cancellation
notice made under this Subparagraph shall be effective when the recipient receives
a written notice of cancellation unless the notice specifies a later date.
9.3 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 County
under the Availability of Funds provision). The notice shall be given by either
personal delivery or registered or certified mail, postage prepaid and return receipt
requested, to the persons at the addresses set forth on page 4 of this Agreement.
9.4 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 Subrecipient’s noncompliance jeopardizes funding source
financial participation. If not terminated by one of the above methods, then this
Agreement will terminate upon the expiration of the Term of this Agreement stated
on page 1 of this Agreement.
9.5 In accordance with 2 C.F.R. §§ 200.340, et seq., the County may suspend or
terminate this Agreement if the Subrecipient violates any term or condition of this
Agreement or if the Subrecipient fails to maintain a good-faith effort to carry out the
purpose of this Agreement.
9.6 The Parties may terminate this Agreement for convenience in accordance with 2
C.F.R. § 200.340. The Parties shall agree upon the termination conditions including
the effective date of the termination. The Party initiating the termination shall notify
the other Parties in writing stating the reasons for such termination.
10.0 DEFINITIONS
As used throughout this Agreement, the following terms shall have the following meanings:
10.1 Adjusted Income has the meaning given in 24 C.F.R. § 5.611 which is the family’s
annual income (24 C.F.R. § 5.609) reduced by the deductions required under the
HOME Program.
10.2 Annual Action Plan means the annual plan submitted by the County (as the lead
agency of the Maricopa HOME Consortium) to HUD, which describes the
Consortium’s annual program goals.
10.3 Area Median Income or AMI means the median family income for the area in which
the Project is located, as determined and published annually by HUD, with
adjustments for family size, under 24 C.F.R. Part 5 and the HOME Program
regulations at 24 C.F.R. Part 92.
10.4 Assistant Director means the Director of the Housing and Community
Development Division within the Maricopa County Human Services Department.
10.5 Beneficiary means a person or household that meets the income requirements of
24 C.F.R. § 92.203 subject to the restriction on assistance to students enrolled in an
institution of higher education, as described in 24 C.F.R. § 5.612.
10.6 Board of Supervisors (BOS) means the Maricopa County Board of Supervisors.
10.7 Commitment or Commit to a Specific Local Project shall have the same meaning
as set forth in 24 C.F.R. § 92.2 (1) and (2), respectively.
10.8 County means Maricopa County.
10.9 Declaration or Declaration of Land Use Restrictions means a document
executed by Subrecipient and recorded in the office of the Maricopa County
Recorder against the Project Property defining the use, unit designation, eligible
participants, and time frame of the Project period.
10.10 Deed of Trust means a security instrument executed by Subrecipient and recorded
in the office of the Maricopa County Recorder that secures the repayment of the
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funds advanced to the Subrecipient under certain conditions set forth in the
document.
10.11 Department means the Maricopa County Human Services Department, Housing
and Community Development Division as Lead Agency.
10.12 Developer/Subcontractor means either a non-profit or for-profit organization
carrying out HOME-related project activities as described in the written agreement
between the County and the Subrecipient.
10.13 Director means the Director of the Maricopa County Human Services Department.
10.14 Division means the Housing and Community Development Division of the Maricopa
County Human Services Department.
10.15 Extremely Low-Income families means very low-income families whose annual
incomes do not exceed the higher of (i) the poverty guidelines established by the
U.S. Department of Health and Human Services for a family of the size involved, or
(ii) 30 percent of the median family income for the area, as determined by HUD with
adjustments for smaller and larger families, except that HUD may establish income
ceilings higher or lower than 30 percent of the median for the area on the basis of
HUD findings that such variations are necessary because of unusually high or low
family incomes. An individual does not qualify as an extremely low-income family if
the individual is a student who is not eligible to receive Housing Choice Voucher
assistance under 24 C.F.R. § 5.612.
10.16 Fair Market Rent or 'FMR' means the fair market rent for existing housing for the
applicable area and unit size (by number of bedrooms), as established and
published periodically by HUD under 24 C.F.R. part 888 (§ 888.111). The FMR is an
estimate of gross rent which includes shelter rent plus the cost of tenant-paid utilities
and services, excluding telephone.
10.17 Five-Year Consolidated Plan means the HUD required Consolidated Plan
submitted by the County as the Lead Agency for the Maricopa HOME Consortium.
10.18 HOME means the HOME Investment Partnerships Program.
10.19 HUD means U.S. Department of Housing and Urban Development.
10.20 Lead Agency or Department means the Maricopa County Human Services
Department, Housing and Community Development Division.
10.21 LIHTC means Low-Income Housing Tax Credit.
10.22 Low HOME Rent means for a HOME-assisted rental unit, the maximum monthly
rent permitted under 24 C.F.R. § 92.252, which is the lesser of (i) the fair market rent
for existing housing for comparable units in the area, as established by HUD under
24 C.F.R. § 888.111, or (ii) a rent that does not exceed 30 percent of the annual
income of a family whose income equals 50 percent of the area median income, as
determined by HUD. HUD publishes these maximum HOME rent limits annually,
with adjustments for the number of bedrooms in the unit. For any utilities and
services (excluding telephone, cable or satellite television, and internet) paid directly
by the tenant, the maximum rent is reduced by a monthly utility allowance approved
by the County. Where a HOME-assisted unit receives Federal or State project-based
rental assistance and the family pays as a contribution toward rent no more than 30
percent of its adjusted income, the maximum rent is the rent allowable under that
project-based rental assistance program; and for a unit that is also a low-income
housing tax credit unit, the rent may not exceed the maximum gross rent permitted
under 26 U.S.C. § 42(g)(2).
10.23 Low-income families means families whose annual incomes do not exceed 80
percent of the median income for the area, as determined by HUD, with adjustments
for smaller and larger families, except that HUD may establish income ceilings higher
or lower than 80 percent of the median for the area on the basis of HUD findings that
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Section 1 General Provisions
such variations are necessary because of prevailing levels of construction costs or
fair market rents, or unusually high or low family incomes. An individual does not
qualify as a low-income family if the individual is a student who is not eligible to
receive Section 8 assistance under 24 C.F.R. § 5.612.
10.24 Minority Business Enterprise (MBE) means an entity that is majority owned or
controlled by a socially and economically disadvantaged individual as described
by Public Law 95-507.
10.25 Net Proceeds means the sales price of the HOME-assisted Property minus
repayment of any superior loans or debt secured by the Property other than the
HOME Funds and minus reasonable and customary closing costs, determined
consistent with HOME regulations at 24 C.F.R. Part 92.
10.26 Performance Bond means a bond executed to secure fulfillment of all of the
Subrecipient's obligations under this Agreement.
10.27 Period of Affordability means the length of time required that HOME-assisted
housing must be occupied by income-eligible households. The minimum Period of
Affordability is five years for HOME subsidies of less than $25,000 per unit; ten
years for subsidies of $25,000 to $50,000; and 15 years for subsidies greater than
$50,000. New construction of rental housing has a Period of Affordability of 20
years and refinancing of rental housing has a minimum Period of Affordability of
15 years.
10.28 Program Income has the meaning given to it in 24 C.F.R. Part 92.2. For the
purposes of this Agreement, the Subrecipient's gross income from the use, rental,
or sale of real property is not consider Program Income. Funds received by the
County in repayment of a loan is Program Income. Program Income is subject to the
requirements of the HOME regulations.
10.29 Projects means rehabilitation or new construction as described in a legally binding
agreement between the Subrecipient and the prospective owners or beneficiaries of
the HOME funds for which all necessary financing has been secured and budgeted
and for which an acquisition, construction, or rehabilitation schedule has been
established and underwriting has been completed and otherwise complies with 24
C.F.R. Part 92.2(2) and 92.2 (A) and (B).
10.30 Promissory Note means a document evidencing Subrecipient’s promise to repay
the funds advanced under certain conditions set forth in the document.
10.31 Public Agency has the meaning prescribed by A.R.S. § 11-951.
10.32 Subcontract means any agreement entered into by the Subrecipient with a third
party for professional services performance of any of the work or provision of any of
the services covered by this Agreement.
10.33 Subcontractor means an entity funded through the Subrecipient to provide any
work or services required by the Work Statement.
10.34 Subrecipient means a governmental entity or nonprofit organization selected by the
participating jurisdiction to administer all or some of the participating jurisdiction's
HOME programs to produce affordable housing, provide homeownership
assistance, or provide tenant-based rental assistance. A governmental entity or
nonprofit organization that receives HOME funds as a Subrecipient or owner of a
housing project is not a subrecipient. The participating jurisdiction's selection of a
subrecipient is not subject to the procurement procedures and requirements.
10.35 Vendor means an entity funded through the Subrecipient to provide services
required by the Work Statement.
10.36 Very low-income families means low-income families whose annual incomes do
not exceed 50 percent of the median family income for the area, as determined by
HUD with adjustments for smaller and larger families, except that HUD may
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Section 1 General Provisions
establish income ceilings higher or lower than 50 percent of the median for the area
on the basis of HUD findings that such variations are necessary because of
prevailing levels of construction costs or fair market rents, or unusually high or low
family incomes. An individual does not qualify as a very low-income family if the
individual is a student who is not eligible to receive Housing Choice Voucher
assistance under 24 C.F.R. § 5.612.
10.37 Work Statement means the section of this Agreement that contains a description of
services to be delivered pursuant to this Agreement.
10.38 Women’s Business Enterprise (WBE) means an entity in which a woman has
majority ownership and control.
11.0 GENERAL REQUIREMENTS
11.1 The terms of this Agreement shall be construed in accordance with Arizona law and
applicable Federal laws and regulations of the United States Department of Housing
and Urban Development (HUD). Any lawsuit arising out of this Agreement shall be
brought in the appropriate court in Maricopa County, Arizona.
11.2 The Subrecipient shall, without limitation, obtain and maintain all licenses, permits
and authority necessary to do business, render services and perform work under
this Agreement, and shall comply with all laws regarding unemployment insurance,
disability insurance and worker's compensation.
11.3 The Subrecipient 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.
11.4 The Subrecipient shall comply with the regulations prohibiting a conflict of interest.
The Subrecipient shall not make any payments, either directly or indirectly, to any
person, partnership, corporation, trust, or other organization that has a substantial
interest in the Subrecipient's organization or with which the Subrecipient (or one of
its directors, officers, owners, trust certificate holders, or relatives) has a substantial
interest, unless the Subrecipient has made full written disclosure of the proposed
payments to the County and has received written approval, therefore.
11.5 For purposes of this provision, the terms "substantial interest" and "relative" shall
have the meanings prescribed by A.R.S. § 38-502.
12.0 ASSIGNMENT AND SUBCONTRACTING
12.1 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. The Subrecipient shall bear all liability under this Agreement, even if it
is assigned, delegated, or subcontracted, in whole or in part, unless the County
agrees otherwise.
12.2 In accordance with 2 C.F.R. § 200.331, the Subrecipient may make a “Subaward”
as a pass-through entity for the purpose of carrying out a portion of the federal award
and General Funds. The Subrecipient will make determinations classifying recipients
of federal funds as a Subrecipient or a Subcontractor.
12.3 The Subcontractor’s rate for the job shall not exceed that of the Subrecipient’s rate,
as bid in the pricing section, unless the Subrecipient is willing to absorb any higher
rates, or the County has approved the increase. The Subcontractor’s invoice shall
be invoiced directly to the Subrecipient, who in turn shall pass through the costs to
the County, without mark-up. A copy of the Subcontractor’s invoice must
accompany the Subrecipient’s invoice.
12.4 Subrecipient must ensure any Subaward recipient or subcontractor is compliant
with all general federal grant requirements, including reporting requirements.
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13.0 AVAILABILITY OF FUNDS
13.1 The provisions of this Agreement relating to the payment for services shall become
effective when funds assigned for the purpose of compensating the Subrecipient, as
provided in this Agreement, actually are available to the County for disbursement.
The County shall be the sole authority in determining the availability of funds under
this Agreement and the County shall keep the Subrecipient fully informed as to the
availability of funds.
13.2 If any action is taken by any federal, state, local agency, or any other agency or
instrumentality to suspend, decrease, or terminate its fiscal obligation under, or in
connection with, this Agreement, then the Parties may amend, suspend, decrease,
or terminate their obligations under, or in connection with, this Agreement. In the
event of termination, the Parties 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 Parties 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.
14.0 BUDGET ADJUSTMENTS
14.1 Any requests for reasonable budget adjustments shall be submitted ninety (90)
calendar days prior to the Termination Date of this Agreement. Requests for financial
adjustments to this Agreement shall be supported by appropriate documentation. If
the County agrees to the budget adjustments, the County shall follow Paragraph 5.0
(Amendments) above.
14.2 The Subrecipient must receive prior written approval from the County to move
funds from one budget line item to another. Budget adjustments that do not change
the total Agreement amount may be documented by an Administrative Change
Order reviewed and fully executed by the Chairman of the Board of Supervisors
and the Subrecipient’s authorized Representative as defined in Section 1 (General
Provisions), Paragraph 6.0 (Administrative Change Orders and Addenda). If a
budget adjustment is necessary that either increases or decreases the Agreement
amount, then the County shall follow Section 1 (General Provisions), Paragraph
5.0 (Amendments) of this Agreement to amend the Agreement.
15.0 DISPUTES
15.1 Except as may otherwise be provided for in this Agreement, the Parties may attempt
to informally resolve any dispute arising out of this Agreement for a reasonable
period of time, which shall not exceed one hundred twenty (120) calendar days.
Disputes which are not resolved in that time period shall be submitted in accordance
with the following formal dispute resolution process.
15.2 If a dispute cannot be resolved informally, then the Subrecipient shall notify the
Department in writing by mailing notice of the dispute to the Assistant Director
within ten (10) business days from expiration of the informal dispute resolution
process described in Subparagraph 15.1 above.
15.3 The Assistant Director shall respond in writing to the Subrecipient within fourteen
(14) business days. The decision of the Assistant Director shall be final and
conclusive unless, within seven (7) business days after the date the Subrecipient is
served with the decision, the Subrecipient files a written notice of appeal with the
Human Services Department Director.
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15.4 The Human Services Department Director shall provide the Subrecipient with a
written response within fourteen (14) business days following receipt of the notice of
appeal. The decision of the Director shall be final and not appealable.
15.5 Pending a final decision of the Director, the Subrecipient shall diligently proceed with
its performance of this Agreement in accordance with the Assistant Director’s
decision.
16.0 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 of this Agreement, and the
remaining provisions shall remain in full force and effect.
17.0 STRICT COMPLIANCE
The County’s acceptance of the Subrecipient’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 both Parties.
18.0 SINGLE AUDIT ACT REQUIREMENTS
The Subrecipient is in receipt of federal funds through the County and is 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 Subrecipient shall comply with 2 C.F.R. § 200,
Subpart F. Upon completion, such audits shall be made available for public inspection.
Audits shall be submitted to the County within the twelve (12) months following the close
of the fiscal year. The Subrecipient shall take corrective actions within six (6) months of
the date of receipt of audit findings. The County shall consider sanctions as described in
2 C.F.R. § 200.505 if it is determined by HUD or the County that the Subrecipient is not in
compliance with the audit requirements.
19.0 AUDIT DISALLOWANCES
19.1 The Subrecipient shall, upon written notice, 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. Court costs and attorney and expert fees incurred
will be specifically identified as applicable to the recovery of the disallowed costs in
question.
19.2 If the County determines that a cost for which payment has been made is a
disallowed cost, then the County will notify the Subrecipient in writing of the
disallowance and the required course of action, which shall be at the option of the
County, either to adjust any future claim submitted by the Subrecipient by the
amount of the disallowance or to require immediate repayment of the disallowed
amount by the Subrecipient issuing a check payable to the County.
20.0 SUSPENSION OF WORK
The County may order the Subrecipient, in writing, to suspend, delay, or interrupt all or
any part of the work of this Agreement for the period of time that the County determines
appropriate for the convenience of the County. No adjustment shall be made under this
clause for any suspension, delay, or interruption to the extent that performance would
have been suspended, delayed, or interrupted by any other cause, including the fault or
negligence of the Subrecipient. No request for adjustment under this clause shall be
granted unless the claim, in an amount stated, is asserted in writing as soon as practicable
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after the termination of the suspension, delay, or interruption, but not later than the date
of final payment under the Agreement.
21.0 STOP WORK ORDER
21.1 The County, at any time, by written order to the Subrecipient, require the
Subrecipient to stop all, or any part, of the work called for by this Agreement for a
period of 90 calendar days after the order is delivered to the Subrecipient, and for
any further period to which the parties may agree. The order shall be specifically
identified as a stop work order issued under this clause. Upon receipt of the order,
the Subrecipient shall immediately comply with its terms and take all reasonable
steps to minimize the incurrence of costs allocable to the work covered by the order
during the period of work stoppage. Within a period of 90 calendar days after a
stop work order is delivered to the Subrecipient, or within any extension of that
period to which the Parties shall have agreed, the County shall either:
21.1.1 cancel the stop work order; or
21.1.2 terminate the work covered by the order as provided in the Termination
for Default or the Termination for Convenience clause of this Agreement.
21.2 The County may make an equitable adjustment in the delivery schedule and/or
agreement price, and the agreement shall be modified, in writing, accordingly, if
the Subrecipient demonstrates that the stop work order resulted in an increase in
costs to the Subrecipient.
22.0 DEFAULT AND REMEDIES FOR NONCOMPLIANCE
22.1 Notwithstanding anything to the contrary, this Section shall not be deleted or
superseded by any other provision of this Agreement.
22.2 This Agreement may be immediately terminated by the County if the Subrecipient
defaults by failing to perform any objective or breaches any obligation under this
Agreement, or any event occurs that jeopardizes the Subrecipient’s ability to
perform any of its obligations under this Agreement. The County reserves the right
to have service provided by persons other than the Subrecipient if the Subrecipient
is unable or fails to provide required services within the specified time frame in the
work statement.
22.3 Failure to comply with the requirements of this Agreement and all the applicable
federal, state, or local laws, rules, and regulations may result in suspension or
termination of this Agreement, the return of unexpended funds (less just
compensation for work satisfactorily completed that, to date, has not been paid),
the reimbursement of funds improperly expended, or the recovery of funds
improperly acquired. Noncompliance includes, but is not limited to:
22.3.1 Non-performance of any obligations required by this Agreement.
22.3.2 Noncompliance with any applicable federal, state, or local laws, rules or
regulations, including HUD guidelines, policies, or directives.
22.3.3 Unauthorized expenditure of funds.
22.3.4 Improper disposition of program income.
22.3.5 Noncompliance with applicable financial record requirements, accounting
principles, or standards established by OMB Uniform Guidance 2 C.F.R. §
200.
22.3.6 Noncompliance with recordkeeping, record retention, or reporting
requirements.
22.4 Notwithstanding the suspension or termination of this Agreement, or the final
determination of the proper disposition of funds, the Subrecipient shall, without
intent to limit or with restrictions, be subject to the following:
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22.4.1 All awards of funding shall be immediately revoked, and any approvals
related to the project described in the Special Provision or Work Statement
shall be deemed revoked and canceled. Thereby, any entitlements to
compensation after suspension or termination of this Agreement are
similarly revoked and unavailable.
22.4.2 Not be relieved of any liability or responsibility associated with the Special
Provision or Work Statement.
22.4.3 Acknowledge that suspension or termination of this Agreement does not
affect or terminate any rights against the Subrecipient at the time of
suspension or termination, or that may accrue later. Nothing herein shall
be construed to limit or terminate any right or remedy available under
Agreement or rule.
22.4.4 Waiver of a breach or default of any term, covenant, or condition of this
Agreement or any federal, state, or local law, rule, or regulation shall not
operate as a waiver of any subsequent breach of the same or any other
term, covenant, condition, law, rule, or regulation.
22.4.5 The Subrecipient shall, upon notice or with knowledge obtained by itself or
others, take any and all proactive actions necessary, and provide any and
all applicable remedies to address and correct any act by itself, and any
and all of its agents, representatives, officers, officials, directors,
employees, volunteers, successors, assigns, or Subcontractors that
resulted in any wrongdoing (intentional or unintentional); misuse or
misappropriation of funds; the incorrect or improper disposition of funds;
any violation of any federal, state, or local law, rule, or regulation; or the
breach of any certification or warranty provided in this Agreement.
23.0 COMPETITIVE BID REQUIREMENTS
23.1 If the Subrecipient is authorized to purchase supplies and equipment itemized in
the Agreement for utilization in the delivery of contract services, Subrecipient shall
procure all such supplies and equipment at the lowest practicable cost and shall
purchase all non-expendable items having a useful life of more than one (1) year
and an acquisition cost of $1,000 or more, through generally accepted and
reasonable competitive bidding processes in compliance with 2 C.F.R. § 200
subpart D §§ 200.318 Procurement Standards. Any procurement in violation of this
provision shall be considered a financial audit exception.
23.2 Subrecipient’s own bidding procedures shall govern, as long as the procurement
practices comport with federal law.
23.3 The Subrecipient shall maintain an accessible written procurement manual.
23.4 Funding source requirements relating to competitive bid procedures may
supersede any or all subparts of this clause and will be specified in the Special
Provisions Section of this Agreement.
24.0 PROPERTY
24.1 Any County property furnished or purchased under the terms of this Agreement shall
be utilized, maintained, repaired, and accounted for in accordance with instructions
furnished by the County and title to all such property shall revert to the County upon
termination of this Agreement. The costs to repair such property are the
responsibility of the Subrecipient within the limits budgeted under this Agreement.
Repair costs beyond the budgeted amount shall be approved by the County.
24.2 Any Subrecipient property furnished or purchased pursuant to the terms of the
Agreement shall be utilized, maintained, repaired, and accounted for by the
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Subrecipient. Repair costs of such property shall be the responsibility of the
Subrecipient.
24.3 The Subrecipient shall maintain property and equipment inventory records that
clearly identify properties and equipment purchased, improved, or sold. Properties
and equipment retained shall continue to meet eligibility criteria and shall conform
to the use of property and equipment.
25.0 NON-LIABILITY
The County and its agents, representatives, officials, officers, directors, employees,
volunteers, departments, agencies, boards, and commissions shall not be liable for any act
or omission by the Subrecipient or any and all of its agents, representatives, officials,
officers, directors, employees, volunteers, agencies, boards, commissions, or
Subcontractors occurring in the performance of this Agreement, nor shall the County and
its agents, representatives, officials, officers, directors, employees, volunteers,
departments, agencies, boards, and commissions be liable for purchases, Subcontract, or
agreements made by the Subrecipient or any and all of its agents, representatives, officials,
officers, directors, employees, volunteers, agencies, boards, commissions, or
subcontractors in connection with this Agreement.
26.0 RECIPROCAL INDEMNIFICATION
26.1 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 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.
26.2 Subrecipient shall add an indemnity clause to all agreements with contractors
receiving funds from this agreement requiring that contractor indemnity, defend and
hold the County harmless and its officers, officials, employees, and agents
(collectively, “Indemnitees”) from and against any and all claims, losses, liability,
costs, or expenses (including reasonable attorney and expert fees) (collectively
referred to as “claims”) either arising from or related to breach of the contract, but
only to the extent such claims are caused by the act, omission, negligence,
misconduct, or other fault of the Indemnitor and any and all of its agents,
representatives, officials, officers, directors, employees, volunteers, departments,
agencies, boards, committees, and commissions.
27.0 INSURANCE
27.1 The Subrecipient as a public entity is exempt from the Insurance requirements but
shall provide County a Certificate of Self Insurance.
27.1.1 The Subrecipient shall ensure the Insurance thresholds are met:
27.1.1.1 Commercial Umbrella a limit of no less than $2,000,000 for each
occurrence;
27.1.1.2 General Aggregate Limit $4,000,000; and
27.1.1.3 Workers’ Compensation a limit of no less than $1,000,000 for
each accident
27.2 Subcontractors: The Subrecipient shall furnish to the County separate certificates
for each of its Subcontractor(s), meeting the minimum requirements as identified
in the Subrecipient Agreement with its Contractor/Developer or alternatively, if not
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provided, the Subrecipient’s certificate(s) shall include all Subcontractors as
additional insureds under its policies. All coverages for Subcontractors shall then
be subject to the minimum requirements identified below:
27.3 The Subcontractor, at Subcontractor’s own expense, shall purchase and maintain
at a minimum, the herein stipulated insurance in this Agreement from a company
or companies duly licensed by the State of Arizona and possessing a current A.M.
Best, Inc. rating of B++ or higher. In lieu of State of Arizona licensing, the stipulated
insurance may be purchased from a company or companies, which are authorized
to do business in the State of Arizona, provided that such insurance company or
companies meet the approval of the County. The form of any insurance policies
and forms must be acceptable to the County.
27.4 All insurance required herein shall be maintained in full force and effect until all
work or service required to be performed under the terms of the Agreement is
satisfactorily completed and formally accepted. Failure to do so may, at the sole
discretion of County, constitute a material breach of this Agreement.
27.5 In the event that the insurance required is written on a claims-made basis,
Subcontractor warrants that any retroactive date under the policy shall precede the
effective date of this Agreement and either continuous coverage will be maintained,
or an extended discovery period will be exercised for a period of two years
beginning at the time work under this Agreement is completed.
27.6 Subcontractor’s insurance shall be primary insurance as respects County, and any
insurance or self-insurance maintained by County shall not contribute to it.
27.7 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.
27.8 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.
Subcontractor shall be solely responsible for the deductible and/or self-insured
retention and County, at its option, may require Subcontractor to secure payment
of such deductibles or self-insured retentions by a surety bond or an irrevocable
and unconditional letter of credit.
27.9 The insurance policies required by this Agreement, except Workers’ Compensation
and Errors and Omissions, shall name County, its agents, representatives, officers,
directors, officials, and employees as additional insureds or additional loss payees
as applicable.
27.9.1 Exception: In the event the Party to the Agreement is a public entity, then
27.1 shall prevail.
27.10 The policies required hereunder, except Errors and Omissions, 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 Subcontractor’s work or service.
27.11 If available, the insurance policies required by this Agreement may be combined
with Commercial Umbrella Insurance policies to meet the minimum limit
requirements. If a Commercial Umbrella insurance policy is utilized to meet
insurance requirements, the Certificate of Insurance shall indicate which lines the
Commercial Umbrella Insurance covers.
27.12 Commercial General Liability:
27.12.1 Commercial General Liability (CGL) insurance and, if necessary,
Commercial Umbrella insurance with a limit of not less than $1,000,000
for each occurrence, $2,000,000 Products/Completed Operations
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Aggregate, and $2,000,000 General Aggregate Limit. The policy shall
include coverage for premises liability, bodily injury, broad form property
damage, personal injury, products and completed operations and
blanket contractual coverage, and shall not contain any provisions which
would serve to limit third party action over claims. There shall be no
endorsement or modifications of the CGL limiting the scope of coverage
for liability arising from explosion, collapse, or underground property
damage
27.13 Errors and Omissions/Professional Liability Insurance
27.13.1 Errors and Omissions (Professional Liability) insurance which will
insure and provide coverage for errors or omissions, or professional
liability of the architect engaged by the Subcontractor for the Project,
with limits of no less than $1,000,000 for each claim.
27.14 Builder’s Risk (Property) Insurance
27.14.1 Subcontractor shall purchase and maintain, on a replacement cost
basis, Builders’ Risk insurance and, if necessary, Commercial Umbrella
insurance in the amount of the initial Agreement amount, as well as
subsequent modifications thereto for the entire work at the site. Such
Builders’ Risk insurance shall be maintained until final payment has
been made or until no person or entity other than County has an
insurable interest in the property required to be covered, whichever is
earlier. This insurance shall include interests of County, Subcontractor,
and all subcontractors and sub-subcontractors in the work during the life
of the Agreement and course of construction and shall continue until the
work is completed and accepted by County. For new construction
projects, Subcontractor agrees to assume full responsibility for loss or
damage to the work being performed and to the structures under
construction. For renovation construction projects, Subcontractor
agrees to assume responsibility for loss or damage to the work being
performed at least up to the full Agreement amount, unless otherwise
required by the Agreement documents or amendments thereto. Builders’
Risk insurance shall be on a special form and shall also cover false work
and temporary buildings and shall insure against risk of direct physical
loss or damage from external causes including debris removal, and
demolition occasioned by enforcement of any applicable legal
requirements and shall cover reasonable compensation for architect’s
service and expenses required as a result of such insured loss and other
“soft costs” as required by the Agreement. Builders’ Risk insurance must
provide coverage from the time any covered property comes under
Subcontractor’s control and/or responsibility, and continue without
interruption during construction, renovation, or installation, including any
time during which the covered property is being transported to the
construction installation site and while on the construction or installation
site awaiting installation. The policy will provide coverage while the
covered premises or any part thereof are occupied. Builders’ Risk
insurance shall be primary, and any insurance or self-insurance
maintained by the County is not contributory. If the Agreement requires
testing of equipment or other similar operations, at the option of County,
Subcontractor will be responsible for providing property insurance for
these exposures under a Boiler and Machinery insurance policy or the
Builders’ Risk Insurance policy
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27.15 Workers’ Compensation:
27.15.1 Workers’ Compensation insurance to cover obligations imposed by
federal and state statutes having jurisdiction of the Subcontractor’s
employees engaged in the performance of the work or services under
this Agreement; 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.
27.15.2 Subcontractor waives all rights against County and its agents,
representatives, officials, officers, directors, employees, volunteers,
departments, agencies, boards, and commissions for recovery of
damages to the extent these damages are covered by the Worker’s
Compensation and Employer’s Liability, or commercial umbrella liability
insurance obtained by the Subcontractor pursuant to this Agreement
27.16 Certificates of Insurance:
27.16.1 Within ten (10) calendar days following the closing of construction
financing for the Project. the Subcontractor shall furnish the County with
valid and complete Certificates of Insurance, or formal endorsements as
required by the Agreement in the form provided by the County, issued
by Subcontractor’s insurer(s), as evidence that policies providing the
required coverage, conditions and limits required by this Agreement are
in full force and effect. Such certificates shall identify this Agreement
number and title.
27.17 In the event any insurance policy(ies) required by this Agreement is (are)
written on a claims-made basis, coverage shall extend for two years past completion and
acceptance of Subcontractor’s work or services and as evidenced by annual certificates
of insurance.
27.18 If a policy does expire during the life of the Agreement, a renewal certificate
must be sent to County 15 calendar days prior to the expiration date.
27.19 Certificate holder shall be identified as:
Maricopa County
c/o Risk Management
301 W Jefferson St., Suite 910
Phoenix, AZ 85003
27.20 Cancellation and Expiration Notice
27.20.1 Applicable to all insurance policies required within the insurance
requirements of this Agreement, Subcontractor’s insurance shall not be
permitted to expire, be suspended, be canceled, or be materially
changed for any reason without 30 days prior written notice to Maricopa
County. The Subcontractor must provide Maricopa County, within ten
business days of receipt, if they receive notice of a policy that has been
or will be suspended, canceled, materially changed for any reason, has
expired, or will be expiring. Such notice shall be sent directly to Maricopa
County Human Services Department and shall be mailed, or delivered
to 234 N. Central Avenue, Phoenix, AZ 85004, or emailed to the Human
Services representative noted in the Agreement.
27.21 Approval: Any modification or variation of the insurance requirements in any
agreement must have prior approval from the County whose decision shall be final.
Such action will not require a formal amendment.
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28.0 OFFSHORE PERFORMANCE OF WORK PROHIBITED
Due to security and identity protection concerns, direct services under this Agreement shall
be performed within the borders of the United States. Any services that are described in
the specifications or scope of work that directly serve the State of Arizona or its clients and
may involve access to secure or sensitive data or personal client data or development or
modification of software for the State shall be performed within the borders of the United
States. Unless specifically stated otherwise in the specifications, this definition does not
apply to indirect or “overhead” services, redundant back-up services or services that are
incidental to the performance of this Agreement. The provision applies to work performed
by Subcontractors at all tiers.
29.0 IT 508 COMPLIANCE
Unless specifically authorized in the Agreement, any electronic or information technology
offered to the County under this Agreement shall comply with A.R.S.§ 41-3531 and § 41-
3532 as may be amended, and Section 508 of the Rehabilitation Act of 1973, which
requires the employees and members of the public shall have access to use of
information technology that is comparable to the access and use by employees and
members of the public who are not individuals with disabilities.
30.0 TECHNICAL ASSISTANCE
The County will provide reasonable technical assistance to the Subrecipient to assist in
complying with state and federal laws, and regulations, and accountability for diligent
performance and compliance with the terms and conditions of this Agreement and all
applicable laws, regulations and standards. However, this assistance in no way relieves the
Subrecipient of full responsibility and accountability for its actions and performance in
compliance with the terms of this Agreement.
31.0 STAFF AND VOLUNTEER TRAINING
The County may make available to the Subrecipient the opportunity to participate in any
applicable training activities conducted by the County.
32.0 CLEAN AIR ACT
If the total face value of this Agreement exceeds $100,000, the Subrecipient agrees to
comply with all regulations, standards and orders issued pursuant to the Clean Air Act of
1970, as amended (42 U.S.C. §§ 7401, et seq.), to the extent any are applicable by reason
of performance of this Agreement.
33.0 LOBBYING
33.1 No federal appropriated funds have been paid or will be paid by or on behalf of the
Subrecipient to any person for influencing or attempting to influence an officer or
employee of any agency, a member of Congress, an officer or employee of
Congress, or an employee of a member of Congress in connection with the awarding
of any federal agreement, 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 agreement, grant,
loan, or cooperative agreement.
33.2 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 agreement, grant, loan or
cooperative agreement, then the Subrecipient shall complete and submit OMB
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Form-LLL, titled "Disclosure of Lobbying Activities," in accordance with its
instructions and 31 U.S.C. § 1352.
34.0 RELIGIOUS ACTIVITIES
The Subcontractor agrees that none of its costs and none of the costs incurred by any
Vendor will include any expense for any religious activity.
35.0 POLITICAL ACTIVITY PROHIBITED
None of the funds, materials, property or services contributed by the County or the
Subrecipient or any Subcontractor under this Agreement shall be used for any partisan
political activity, or to further the election or defeat of any candidate for public office.
36.0 COVENANT AGAINST CONTINGENT FEES
The Subrecipient warrants that no person or entity has been employed or retained to solicit
or secure this Agreement upon an agreement or understanding for a commission,
percentage, brokerage or contingent fee. For breach or violation of this warranty, the County
may immediately terminate this Agreement without liability.
37.0 CONFIDENTIAL INFORMATION
37.1 Any information obtained in the course of performing this Agreement may include
information that is proprietary or confidential to the County. This provision
establishes the Subrecipient’s obligation regarding such information.
37.2 The Subrecipient shall establish and maintain procedures and controls that are
adequate to assure that no information contained in its records and/or obtained from
the County or from others in carrying out its functions (services) under the
Agreement shall be used by or disclosed by it, its agents, officers, or employees,
except as required to efficiently perform duties under the Agreement, or as required
by the Arizona Public Records Act. The Subrecipient’s procedures and controls at a
minimum must be the same procedures and controls it uses to protect its own
proprietary or confidential information. If, at any time during the duration of the
Agreement, the County determines that the procedures and controls in place are not
adequate, the Subrecipient shall institute any new and/or additional measures
requested by the County within fifteen (15) calendar days of the written request to
do so.
37.3 Any requests to the Subrecipient for County proprietary or confidential information
shall be referred to the County for review and approval, prior to any dissemination.
38.0 SAFEGUARDING OF PARTICIPANT INFORMATION
38.1 The Subrecipient shall observe and abide by all applicable State of Arizona and
federal statues, rules, and regulations regarding the use or disclosure of information
including, but not limited to, information concerning applicants for and recipients of
contracted services. To the extent permitted by law, the Subrecipient shall release
information to the County, Department, Attorney General’s Office, or other
designated agency as required by the County by the terms of this Agreement or by
law.
38.2 The Subrecipient shall comply with the requirements of the Arizona Address
Confidentiality Program, A.R.S. §§ 41-161, et seq. The Department will advise the
Subrecipient as to applicable policies and procedures adopted for such compliance.
38.3 The Subrecipient understands that client information collected under this
Agreement is private and the use or disclosure of such information, when not
directly connected with the administration of the Subrecipient's responsibilities with
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respect to services provided under this Agreement, is prohibited unless written
consent is obtained from such person receiving service.
39.0 RIGHTS IN DATA
The Parties shall each 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 such available
information that is relevant to this Agreement and to the performance under it, except to the
extent prohibited by law.
40.0 COPYRIGHTS
If this Agreement results in a book or other written material, then the author is free to
copyright the work, but the County reserves a royalty-free, nonexclusive, perpetual and
irrevocable license to reproduce, publish, or otherwise use and to authorize others to use,
all copyrighted material and all material which can be copyrighted resulting from this
Agreement.
41.0 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 County 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 on such invention or
discovery, shall be disposed of and administered in order to protect the public interest.
42.0 AGREEMENT COMPLIANCE MONITORING/AUDITING
42.1 The County will monitor the Subrecipient's compliance with, and performance under,
the terms and conditions of this Agreement and the applicable federal regulations
promulgated by HUD and Maricopa County. On-site visits for compliance monitoring
may be made by the County and its grantor agencies (or both the County and its
grantor agencies) at any time during the Subrecipient's normal business hours,
announced or unannounced. For auditing purposes, the County shall provide the
Subrecipient with 30 days’ advance notice of any proposed on-site visit. During an
on-site visit, the Subrecipient shall make all of its records and accounts related to
work performed or services provided under this Agreement available to the County
for inspection and copying.
42.2 The County shall request information for fiscal monitoring/audit per Office of
Management and Budget (OMB) Uniform Guidance 2 C.F.R. § 200, to include:
42.2.1 Financial Management 2 C.F.R. § 200.302
42.2.2 Internal Controls 2 C.F.R. § 200.303
42.2.3 Bonds 2 C.F.R. § 200.304
42.2.4 Payment and Financial Reporting 2 C.F.R. § 200.305
42.2.5 Cost Sharing or Matching 2 C.F.R. § 200.306
42.2.6 Program Income 2 C.F.R. § 200.307
42.2.7 Revision of Budget and Program Plans 2 C.F.R. § 200.308
42.2.8 Period of Performance 2 C.F.R. § 200.309
42.2.9 Insurance Coverage 2 C.F.R. § 200.310
42.2.10 Record Retention and Access 2 C.F.R. §§ 200.334 – 200.338
42.2.11 Procurement Standards 2 C.F.R. § 200.318
42.2.12 Indirect Costs 2 C.F.R. § 200.414
42.2.13 Compensation-Personal Services 2 C.F.R. § 200.430
42.2.14 Audit Requirements 2 C.F.R. §§ 200.501-200.517
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43.0 CONTINGENCY RELATING TO OTHER AGREEMENTS AND GRANTS
43.1 The Subrecipient shall, during the term of this Agreement, immediately inform the
Department in writing of the award of any other agreement or grant, including any
other agreement or grant awarded by the County, where the award may affect either
the direct or indirect costs being paid or reimbursed under this Agreement. Failure
by the Subrecipient to notify the Department of such award shall be considered a
violation of this Agreement and the County may immediately terminate this
Agreement without liability.
43.2 The Department may request, and the Subrecipient shall provide within a
reasonable time, which shall not exceed ten (10) business days, a copy of such other
agreement or grant, when in the opinion of the Department the award of the
agreement or grant may affect the costs being paid or reimbursed under this
Agreement.
43.3 If the Department determines that the award to the Subrecipient of such other
agreement or grant has affected the costs being paid or reimbursed under this
Agreement, then the Department will prepare an amendment to this Agreement
effecting a cost adjustment. If the Subrecipient disputes the proposed cost
adjustment, then the dispute shall be resolved pursuant to the "Disputes" section
contained in this Agreement.
44.0 MINIMUM WAGE REQUIREMENTS
The Subrecipient warrants that it shall pay all of its employees who are engaged in either
performing work or providing services under the terms of this Agreement not less than the
minimum wage specified under Section 206(a)(1) of the Fair Labor Standards Act of 1938,
as amended (29 U.S.C. §§ 201, et seq.), by law and regulation, and, as applicable,
Executive Order 13658, as amended, and as specified by Arizona law.
45.0 RECOGNITION OF COUNTY SUPPORT
The Subrecipient shall give recognition to the County and the funding source for its support
when the Subrecipient publishes materials or releases public information that is paid for in
whole or in part with funds received by the Subrecipient under this Agreement.
46.0 GRIEVANCE PROCEDURE
The Subrecipient shall establish a system through which applicants for, and recipients of,
services may present grievances and may make appeals about eligibility and other aspects
of the Subrecipient’s work under this Agreement. The grievance procedure shall include
provisions for notifying the applicants for, and recipients of, services of their eligibility or
ineligibility for service and their right to appeal to the County if the grievance is not satisfied
at the Subrecipient’s level. This system shall include protest procedures for decisions related
to contract awards and requests for reasonable accommodation for persons with disabilities.
47.0 NONDISCRIMINATION, EQUAL OPPORTUNITY AND EQUAL ACCESS
47.1 Subrecipient agrees to comply with all provisions and requirements of Arizona
Executive Order 2009-09 including flow down of all provisions and requirements to
any subcontractors. Executive Order 2009-09 supersedes Executive order 99-4 and
amends Executive order 75-5 and may be viewed and downloaded at the Arizona
State Library Research website:
(http://azmemory.azlibrary.gov/cdm/singleitem/collection/execorders/id/680/rec/1)
which is hereby incorporated into this Agreement as if set forth in full herein. In
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connection with any service or other activity under this Agreement, Subrecipient
shall not discriminate against any employee, client, or any other individual in any
way because of that person’s age, race, creed, color, religion, sex, disability, or
national origin.
47.2 The Subrecipient, in connection with any service or other activity under this
Agreement, shall not in any way, discriminate against any person on the grounds of
race, color, religion, sex, national origin, age, disability, political affiliation or belief.
The Subrecipient shall include this clause in all of its Subcontracts. Refer to
Paragraph 22.0. (Default and Remedies for Noncompliance).
48.0 EQUAL EMPLOYMENT OPPORTUNITY
48.1 The Subrecipient shall not discriminate against any employee or applicant for
employment because of race, age, disability, color, religion, sex, sexual identity,
gender identity, or national origin.
48.2 The Subrecipient shall take affirmative action to ensure that applicants are employed
and that employees are treated during employment without regard to their race, age,
disability, color, religion, sex sexual identity, gender identity, 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.
48.3 The Subrecipient will, in all solicitations or advertisements for employees placed by
or on behalf of the Subrecipient, state that it is an Equal Opportunity or Affirmative
Action employer.
48.4 The Subrecipient will post on public display for all employees that it is an Equal
Opportunity or Affirmative Action employer.
48.5 The Subrecipient shall and shall cause its Subcontractors to comply with:
48.5.1 Title VI and VII of the Civil Rights Act of 1964, as amended (42 U.S.C. §§
2000a, et seq.);
48.5.2 the Rehabilitation Act of 1973, as amended (29 U.S.C. §§ 701, et seq.);
48.5.3 the Age Discrimination in Employment Act of 1967, as amended (29 U.S.C.
§§ 621, et seq.);
48.5.4 the Americans With Disabilities Act of 1990 (42 U.S.C. §§ 12101, et seq.);
and
48.5.5 Arizona Executive Order 2009-09, as amended, et seq. which mandates that
all persons shall have equal access to employment opportunities.
48.6 The Subrecipient shall include the above-listed provisions in every subcontract or
purchase order, specifically or by reference. The inclusion of these provisions are
binding and a requirement of this Agreement.
49.0 DISABILITY REQUIREMENTS
The Subrecipient agrees that any electronic or information technology offered under this
Agreement shall comply with A.R.S. §§41-2531 and 41-2532 and Section 508 of the
Rehabilitation Act of 1973, which requires that employees and members of the public shall
have access to and use of information technology that is comparable to the access and
use by employees and members of the public who are not individuals with disabilities.
50.0 UNIFORM ADMINISTRATIVE REQUIREMENTS
By entering into this Agreement, the Subrecipient agrees to comply with all applicable
provisions of Title 2, Subtitle A, Chapter II, Part 200—UNIFORM ADMINISTRATIVE
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REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL
AWARDS contained in Title 2 C.F.R. § 200, et seq.
51.0 FINANCIAL MANAGEMENT
51.1 The Subrecipient agrees to maintain an adequate accounting system that provides
for appropriate grant accounting (including calculation of program income).
51.2 The Subrecipient shall comply with accounting principles and procedures required
to utilize adequate internal controls and maintain necessary source documentation
for all costs incurred, as well as any applicable federal laws and regulations.
51.3 The Subrecipient shall establish and maintain a separate, interest-bearing bank
account for money provided under this Agreement, or an accounting system that
assures the safeguarding and accountability of all money and assets provided under
this Agreement. No part of the money deposited in the bank account shall be
commingled with other funds or money belonging to the Subrecipient. All interest
earned on the account shall be disposed of in a manner specified by the County in
accordance with applicable state and federal regulations.
51.4 The Subrecipient shall provide a signed bank account agreement authorizing the
County to obtain information about the account. If an accounting system is used,
then it shall be in accord with generally accepted accounting principles.
52.0 RETENTION OF RECORDS
52.1 This provision applies to all financial and programmatic records, supporting
documents, statistical records, and other records of the Subrecipient that are related
to this Agreement.
52.2 The Subrecipient shall retain all records relevant to this Agreement for six (6) years
after final payment or until after the resolution of any audit questions which could be
more than six (6) years, whichever is longer, and the County, federal and state
auditors and any other persons duly authorized by the County shall have full access
to, and the right to examine, copy, and make use of any and all of the records.
53.0 ADEQUACY OF RECORDS
If the Subrecipient’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, then the Subrecipient shall reimburse the County for the services not supported
and documented.
54.0 VERIFICATION REGARDING COMPLIANCE WITH A.R.S. §41-4401 AND FEDERAL
IMMIGRATION LAWS AND REGULATIONS
54.1 By entering into the Agreement, the Subrecipient warrants compliance with the
Federal Immigration and Nationality Act (FINA using E-verify) and all other Federal
immigration laws and regulations related to the immigration status of its employees
and A.R.S. §23-214(A). The Subrecipient shall obtain statements from its
subcontractors certifying compliance and shall furnish the statements to Maricopa
County upon request. These warranties shall remain in effect through the term of
the Agreement. The Subrecipient and its subcontractors shall also maintain
Employment Eligibility Verification forms (I-9) as required by the Immigration Reform
and Control Act of 1986, as amended from time to time, for all employees performing
work under the Agreement and verify employee compliance using the E-verify
system and shall keep a record of the verification for the duration of the employee’s
employment or at least three (3) years, whichever is longer. I-9 forms are available
for download at USCIS.GOV.
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54.2 The County retains the legal right to inspect Subrecipient and subcontractor
employee documents performing work under this Agreement to verify compliance
with Paragraph 54.1 of this Section. Subrecipient and subcontractor shall be given
reasonable notice of the County’s intent to inspect and shall make the documents
available at the time and date specified. Should the County suspect or find that the
Subrecipient or any of its subcontractors are not in compliance, the County will
consider this a material breach of the Subrecipient and may pursue any and all
remedies allowed by law, including, but not limited to; suspension of work,
termination of the Agreement for default, and suspension and/or debarment of the
Subrecipient. All costs necessary to verify compliance are the responsibility of the
Subrecipient.
55.0 DRUG FREE WORKPLACE ACT
The Subrecipient agrees to comply with the Drug-Free Workplace Act of 1988 (41 U.S.C.
§§ 701, et seq.), which requires that subrecipients and grantees of federal funds must certify
that they will provide drug-free workplaces. This certification is a precondition to receiving a
grant or entering into this Agreement.
56.0 EMPLOYMENT DISCLAIMER
56.1 This Agreement is not intended to constitute, create, give rise to, or otherwise
recognize a joint venture agreement, partnership, or other formal business
association or organization of any kind between the Parties, and the rights and
obligations of the Parties shall be only those expressly set forth in this Agreement.
56.2 The Parties agree that no individual performing under this Agreement on behalf of
the Subrecipient is to be considered a County employee, and that no rights of County
civil service, County retirement, or County personnel rules shall accrue to such
individual. The Subrecipient shall have total responsibility for all salaries, wages,
bonuses, retirement, withholdings, workman's compensation, occupational disease
compensation, unemployment compensation, other employee benefits, and all taxes
and premiums appurtenant thereto concerning such individuals and shall save and
hold the County harmless with respect thereto.
56.3 The County agrees that no individual performing under this Agreement on behalf of
County may be considered a Subrecipient agent, employee, or representative and
that no rights of the Subrecipient civil service, the Subrecipient retirement, or the
Subrecipient personnel rules shall accrue to or apply to any such individual. The
County shall have total responsibility for all 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 the County shall indemnify,
defend and hold harmless the Subrecipient with respect thereto.
57.0 CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY AND
VOLUNTARY EXCLUSION
57.1 The Subrecipient, by signing this Agreement, represents that he/she has the
authority to bind the Contractor to the terms of this Certification. The Subrecipient,
as the primary participant in accordance with 2 C.F.R. Part 180, certifies to the best
of its knowledge and belief that it and its principals:
57.1.1 Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any federal
department or agency or any state, or local jurisdiction;
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Section 1 General Provisions
57.1.2 Have not within a 3-year period preceding the Start Date of 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;
57.1.3 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 Sub-subparagraph 57.1.2 above; and
57.1.4 Have not, within a three-year period preceding this Start Date of this
Agreement, had one or more public transactions (federal, state, or local)
terminated for cause or default.
57.2 The Subrecipient agrees to include, without modification, this clause in all lower tier
covered transactions (i.e., transactions with Subcontractors) and in all solicitations
for lower tier covered transactions related to this Agreement.
58.0 SUBRECIPIENT EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO
INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS:
58.1 The Subrecipient agree that this Agreement and employees working on this
Agreement will be subject to the whistleblower rights and remedies in the pilot
program on the Subrecipient 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;
58.2 The Subrecipient shall inform its employees in writing, in the predominant
language of the workforce, of employee whistleblower rights and protections under
41 U.S.C. § 4712, as described in section 3.908 of the Federal Acquisition
Regulation. Documentation of such employee notification must be kept on file by
the Subrecipient, and copies provided to County upon request; and
58.3 The Subrecipient shall insert the substance of this clause, including this Paragraph
58.0, in all subcontracts over the simplified acquisition threshold ($250,000 as of
June 2021).
59.0 WRITTEN CERTIFICATION PURSUANT TO A.R.S. § 35-393.01
If the Subrecipient engages in for-profit activity and has 10 or more employees, and if this
Agreement has a value of $100,000 or more, then the Subrecipient certifies it is not
currently engaged in and agrees for the duration of this Agreement not to engage in, a
boycott of goods and services from Israel. This certification does not apply to a boycott
prohibited by 50 U.S.C. § 4842 or a regulation issued pursuant to 50 U.S.C. § 4842.
60.0 SURVIVAL
The indemnification, hold harmless, defense, and non-liability provisions of this Agreement
shall have full force and effect notwithstanding any other provisions in this Agreement and
shall survive the termination or expiration of this Agreement.
61.0 FORCE MAJEURE
61.1 Neither Party shall be liable for failure of performance, nor incur any liability to the
other Party on account of any loss or damage resulting from any delay or failure to
perform all or any part of this Agreement if such delay or failure is caused by
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Section 1 General Provisions
events, occurrences, or causes beyond the reasonable control and without
negligence of the Parties. Such events, occurrences, or causes will include Acts
of God/Nature (including fire, flood, earthquake, storm, hurricane, or other natural
disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared
or not), civil war, riots, rebellion, revolution, insurrection, military or usurped power
or confiscation, terrorist activities, nationalization, government sanction, lockout,
blockage, embargo, labor dispute, strike, pandemic, and interruption or failure of
electricity or telecommunication service.
61.2 Each Party, as applicable, shall give the other Party notice of its inability to perform
and particulars in reasonable detail of the cause of the inability. Each party must
use best efforts to remedy the situation and remove, as soon as practicable, the
cause of its inability to perform or comply.
61.3 The Party asserting Force Majeure as a cause for non-performance shall have the
burden of proving that reasonable steps were taken to minimize delay or damages
caused by foreseeable events, all non-excused obligations were substantially
fulfilled, and the other Party was timely notified of the likelihood or actual
occurrence that would justify such an assertion, so that other prudent precautions
could be contemplated.
62.0 SYSTEM FOR AWARD MANAGEMENT
The Subrecipient shall have a valid Unique Entity Identifier (UEI) number and an active
profile in the federal System for Award Management, or SAM.gov. Documentation of the
UEI Number must be included in all project files. The Subrecipient must remain current
with their registration throughout the term of the Agreement. Subrecipients and
subcontractors will not receive a subaward until that entity has provided its UEI number.
2 C.F.R. § 25.300; Appendix A to 2 C.F.R. § 25.
63.0 UYGHUR FORCED LABOR PREVENTION ACT (UFLPA)
63.1 The Subrecipient warrants and certifies that it does not currently, and agrees for
the duration of the agreement that it will not use:
63.1.1 The forced labor of ethnic Uyghurs in the People’s Republic of China.
63.1.2 Any goods or services produced by the forced labor of ethnic Uyghurs in
the People’s Republic of China.
63.1.3 Any contractors, subcontractors or suppliers that use the forced labor or
any goods or services produced by the forced labor of ethnic Uyghurs in
the People’s Republic of China.
63.2 If the Subrecipient becomes aware during the term of the Agreement that the
Subrecipient is not in compliance with this paragraph, the Subrecipient shall notify
the County within five business days after becoming aware of the noncompliance.
Failure of the Subrecipient to provide a written certification that the Subrecipient
has remedied the noncompliance within one hundred eighty (180) days after
notifying the public entity of its noncompliance, this Agreement shall terminate
unless the Term of this Agreement shall end prior to said one hundred eighty (180)
day period.
64.0 PROVISIONS REQUIRED BY LAW
Each and every provision of law and any clause required by law to be in this Agreement
will be read and enforced as though it were included herein and, if through mistake or
otherwise any such provision is not inserted, or is not correctly inserted, then upon the
application of either party, this Agreement will promptly be physically amended to make
such insertion or correction.
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SECTION 2
SPECIAL PROVISIONS
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Section 2 Special Provisions
1.0 STANDARDS
The Subrecipient shall perform the work and provide the services identified in the Work
Statement and the Subrecipient shall immediately notify the County whenever the
Subrecipient is unable to, or anticipates an inability to, perform any of the work, or provide
any of the services required by the terms of this Agreement. The Subrecipient
acknowledges that any inability to perform the work and provide the services, or comply
with the standards, set forth in this Agreement may subject the Subrecipient to the
remedies provided in the Default and Remedies for Noncompliance established in the
General Provisions.
2.0 COMPLIANCE WITH LAWS, RULES & REGULATIONS
This Agreement and the Parties to it are subject to all applicable federal, state, or local
laws, rules, and regulations. The Subrecipient shall comply with all applicable laws, rules,
and regulations, without limitation to those designated within this Agreement. Refer to
Paragraph 22.0, (Default and Remedies for Noncompliance) provided in Section 1
(General Provisions).
3.0 COMPLIANCE WITH REQUIREMENTS REGARDING ELIGIBILITY FOR PUBLIC
BENEFITS
3.1 The Subrecipient shall comply with state and other laws regarding eligibility for
public benefits, including A.R.S. §§ 1-501 and 1-502, which state that public
benefits shall only be provided to eligible applicants who are citizens of the United
States, or are Qualified Non-Citizens:
3.1.1 All applicants authorized to receive public benefits must provide
documentation of their lawful presence in the United States through a
verification process.
3.1.2 All eligible applicants must also execute an affidavit stating that the
documentation provided during the verification process to prove citizenship
or qualified non-citizen is true.
3.1.3 The Affidavit Demonstrating Lawful Presence in the United States or similar
form shall be used to document compliance with requirements listed above.
3.1.4 Maricopa County and its subcontracted entities are required to report
“discovered violations” of federal immigration law.
3.1.5 Federal public benefits are defined in A.R.S. § 1-501 as any grant, contract,
loan, professional license, or commercial license provided by an agency of
the United States or by appropriated funds of the United States; and any
retirement, welfare, health, disability, public or assisted housing,
postsecondary education, food assistance, unemployment benefit, or any
other similar benefit for which payments or assistance are provided to an
individual, household, or family eligibility unit by an agency of the United
States or by appropriated funds of the United States.
3.1.6 State or local public benefits are defined in A.R.S. § 1-502 as any grant,
contract, loan, professional license, or commercial license provide by an
agency of the state or local government or by appropriated funds of a state
or local government; and any retirement, welfare, health, disability, public
or assisted housing, postsecondary education, food assistance,
unemployment benefit, or any other similar benefit for which payments or
assistance are provided to an individual, household, or family eligibility unit
by an agency of a state or local government or by appropriated funds of a
state or local government.
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Section 2 Special Provisions
3.2 Programs, services, or assistance (such as soup kitchens, crisis counseling and
intervention, and short-term shelter) that meet the following conditions are exempt
from A.R.S. §§ 1-501 and 1-502:
3.2.1 deliver in-kind services at the community level, including through public or
private nonprofit agencies;
3.2.2 do not condition the provision of assistance, the amount of assistance
provided, or the cost of assistance provided on the individual recipient’s
income or resources; and
3.2.3 are necessary for the protection of life or safety.
4.0 AUDIT REQUIREMENTS
In accordance with A.R.S. § 11-624, the Subrecipient shall, at its own expense, file with
the County by March 31st of each Agreement year, either:
4.1 Audited financial statements prepared in accordance with federal single audit
requirements; or
4.2 Financial statements prepared in accordance with generally accepted accounting
principles audited by an independent certified public accountant; or
4.3 A Comprehensive Annual Financial Report, prepared in accordance with generally
accepted accounting principles audited by an independent certified public
accountant.
5.0 SPECIAL FEDERAL AND PROJECT PROVISIONS
5.1 In accordance with HUD HOME Program regulations, the Subrecipient agrees to
use HOME funds pursuant to the Five-Year Consolidated Plan and the Annual
Action Plan as approved by HUD and all requirements of 24 C.F.R. § 92. The
Subrecipient will require that this requirement is 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 and
Vendors shall certify and disclose accordingly. The Annual Action Plan is hereby
incorporated by reference into this Agreement. The project activities are described
in Section 3 (Work Statement). The Subrecipient shall be responsible to provide
reports of all activities related to the Work Statement. The Subrecipient agrees to
submit to the County the following reports:
5.1.1 Quarterly Performance Reports: due on the 15th of January, April, July,
and October of the preceding three (3) months (i.e., the July report covers
the months of April, May, and June). Reports shall address all project
activities described in the Work Statement. Failure to submit timely
Quarterly Performance Reports will result in suspension of reimbursement
or reimbursement of funds requested until all reports are brought current.
5.1.2 Request for Reimbursement: The Request for Reimbursement Form
must include all supporting documentation, a Match Log, and Summary of
Project Proceeds/Recaptured Funds Report. The Subrecipient will
complete the documents and submit them to the County for approval.
5.1.3 HOME Setup Reports: due within one (1) year after the date this
Agreement is fully executed. According to 24 C.F.R. § 92.250 (b): Before
Setup Reports are submitted, the Subrecipient must evaluate the project in
accordance with guidelines that it has adopted for determining a
reasonable level of profit or return its investment in a project and must not
commit or invest any more HOME funds, alone or in combination with other
governmental assistance, than are necessary to provide quality affordable
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Section 2 Special Provisions
housing that is financially viable for a reasonable period (at a minimum, the
period of affordability in accordance with 24 C.F.R. §§ 92.252 and 92.254)
and that will not provide a profit or return on its investment that exceeds the
Subrecipient’s established standards for the size, type, and complexity of
the project.
5.1.4 HOME Completion Report: due no later than sixty (60) days after final
payment is requested. The HOME Completion Report must include all
required documents as described in this Agreement. Within ten (10)
business days after receipt of the HOME Completion Report, the County
will enter project completion data into the HUD Exchange Integrated
Reimbursement and Information System (IDIS). The date the HOME
Completion Report is entered into IDIS is the date the affordability period
commences for each activity.
5.1.5 Initial Request for Reimbursement form: with required documentation
for each activity is due within 45 (forty-five) days after submitting a HOME
Setup Report.
5.1.6 Other HUD: required reporting data as applicable.
6.0 PROGRAM INCOME
All Program Income generated from this Agreement shall be retained and used by the
Subrecipient for additional HOME-eligible activities in accordance with 24 C.F.R. §
92.503(a). The HOME requirements shall continue to apply if the County receives and
uses Program Income, even if the Program Income is earned and expended after the
expiration of this Agreement.
7.0 REAL PROPERTY ACQUIRED OR IMPROVED WITH HOME FUNDS
Upon expiration of this Agreement, any real property under the Subrecipient’s control that
was acquired or improved in whole or in part with HOME funds must be occupied by low-
or very-low-income households (or both) and in compliance with HOME occupancy limits
and must meet the requirements to qualify as affordable housing subject to encumbrances
and obligations described in any applicable recorded deed restrictions for the period of
affordability. The option to use deed restrictions must include period of affordability set
forth in 24 C.F.R. §§ 92.252 and 92.254.
8.0 DE-OBLIGATION
8.1 The County may de-obligate funds under this Agreement under any one or more
of the following circumstances upon written notice to the Subrecipient:
8.1.1 The Subrecipient completes performance under the Work Statement
without using all funds provided by the County under this Agreement;
8.1.2 The County’s original allocation was a loan, and the Subrecipient paid the
loan;
8.1.3 A Program activity under the Work Statement is cancelled or changed for
reasons other than non-performance; or
8.1.4 This Agreement has been terminated.
8.1.5 The NEPA Environmental Review is not approved.
9.0 REDUCTION IN FUNDS
9.1 The County, through an Amendment, may reduce Agreement funds under either
of the following circumstances:
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Section 2 Special Provisions
9.1.1 The County determines that the Subrecipient failed to utilize the funds
provided by this Agreement in compliance with the terms and conditions
outlined herein; or
9.1.2 The Subrecipient failed to perform in accordance with Section 3 (Work
Statement) and identified timelines.
10.0 REPAYMENT OF FUNDS
The Subrecipient agrees to repay funds provided under this Agreement for noncompliance
with the terms of this Agreement and the loan documents. Repayment shall be in
accordance with the terms of this Agreement and the loan documents or the requirement
of applicable laws and regulations, including continuing use compliance. Repayment of
funds is required by HUD for failed projects during the period of affordability for projects
financed under this Agreement. The County may specify in writing the terms of the
repayment or alternative terms in lieu of repayment. However, in no case shall repayment
or compliance with the alternative terms be accomplished any later than sixty (60)
calendar days following the written determination of non-compliance by the County.
11.0 ADMINISTRATIVE REQUIREMENTS
11.1 The County is responsible for ensuring HUD HOME Program funds are
administered in accordance with the HOME regulations, 24 C.F.R. §§ 92, et seq.
The County shall monitor the Subrecipient’s activities to ensure compliance with
the following:
11.1.1 FINANCIAL RECORDS: accounting system and financial records comply
with the applicable requirements and standards of 2 C.F.R. §§ 200, et seq.
and are subject to monitoring from time to time by either the County or by
HUD.
11.1.1.1 The Subrecipient agrees to adhere to accounting principles and
procedures, to utilize adequate internal controls, and maintain
necessary source documentation for all costs incurred. The
Subrecipient further agrees to maintain an adequate accounting
system that provides for appropriate grant accounting (including
calculation of project proceeds).
11.1.1.2 The Subrecipient shall adhere to applicable audit requirements
as described in, and in accordance with, 2 C.F.R. §§ 200, et
seq. In addition, the Subrecipient must provide annual single-
audit reports or annual audited financial statements to the
County.
11.1.1.3 The Subrecipient shall adhere to the repayment of investment
requirements set forth in 24 C.F.R. § 92.503. Any HOME Funds
invested in housing that do not meet the affordability
requirements for the period specified in either 24 C.F.R. §
92.252 or § 92.254, as applicable, must be repaid in accordance
with 24 C.F.R. § 92.503(b)(3).
11.1.2 DOCUMENTATION AND RECORD KEEPING
11.1.2.1 Records to be Maintained: The Subrecipient shall maintain all
records required by the federal regulations specified in 24
C.F.R. § 92.508 that are pertinent to the activities to be funded
under this Agreement. Such records shall include, but not be
limited to, records:
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Section 2 Special Provisions
11.1.2.1.1 Providing a full description of each activity
undertaken and its impact;
11.1.2.1.2 Required to determine the eligibility of activities;
11.1.2.1.3 Demonstrating compliance with environmental
review requirements;
11.1.2.1.4 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);
11.1.2.1.5 Demonstrating citizen participation;
11.1.2.1.6 Demonstrating compliance regarding acquisitions,
displacement, relocation, and replacement housing;
11.1.2.1.7 Demonstrating continuing compliance for all
activities and compliance with recapture provisions
of the affordability standards;
11.1.2.1.8 Documenting compliance with the fair housing and
equal opportunity components of the HOME
Program;
11.1.2.1.9 Required by 24 C.F.R. § 570.502, 2 C.F.R. §§ 200,
et seq., and OMB Circulars;
11.1.2.1.10 Other records necessary to document
compliance with HOME Program requirements;
11.1.2.1.11 Documenting compliance with Section 3 of
the Housing and Urban Development Act of 1968
and implementing regulations at 24 C.F.R. § 135;
11.1.2.1.12 Demonstrating compliance with deeds of
trust, promissory notes, and forgivable loans;
11.1.2.1.13 Supporting that the Subrecipient has
maintained client data demonstrating all clients
served have met 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, as described in 24
C.F.R. § 92.356;
11.1.2.1.14 Documenting compliance with underwriting
and subsidy layering requirements, including the
requirement that the Subrecipient will not invest any
more HOME funds in combination with other federal
assistance than is necessary to provide affordable
housing, as described in 24 C.F.R. § 92.250 and
further described in HUD Notice CPD 15-11; and,
11.1.2.1.15 Demonstrating compliance with federal,
state, and local laws and regulations, including
compliance with A.R.S. §§ 1-501 and 1-502.
11.1.2.2 Outcome Measures – The Subrecipient shall maintain data that
supports the accomplishment of the desired outcomes as
indicated in the Work Statement.
11.1.2.3 Disclosure – The Subrecipient understands that client
information collected under this Agreement is private and the
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Section 2 Special Provisions
use or disclosure of such information, when not directly
connected with the administration of the County’s or the
Subrecipient’s responsibilities with respect to services provided
under this Agreement, is prohibited unless written consent is
obtained from such person receiving service.
11.1.2.4 Program Activity Reports – Such reports as required by the
County including, but not limited to, HOME Setup/Completion
Reports, Quarterly Performance Reports, Quarterly Project
Proceeds Reports, Match Reports, MBE/WBE information, and
other HUD-required reporting data, as applicable, shall be
submitted at the completion of each Program that is described
under the Work Statement.
11.1.2.5 Audits and Inspections – All of the records with respect to any
matters covered by this Agreement shall be made available to
the County, its designees, and the federal government, at any
time during normal business hours, as often as the County
deems necessary, to audit, examine, and make excerpts or
transcripts of all relevant data. Any relevant deficiencies noted
in audit reports shall be addressed by the Subrecipient within
45 days after receipt by the Subrecipient. Failure of the
Subrecipient to comply with the above audit requirements shall
constitute a violation of this Agreement and may result in the
withholding of future payments. The Annual Audit requirement
is applicable to all levels of funding received by the Subrecipient
under this Agreement, even if the level of funding is less than
the current thresholds cited in 2 C.F.R. § 200.501.
11.1.2.6 Performance Monitoring – The County will monitor the
Subrecipient to determine whether HOME funded activities are
implemented and administered in accordance with all applicable
federal requirements and gauge performance of the
Subrecipient against goals and performance standards required
in this Agreement. The Subrecipient shall ensure that all
required files and documentation are available at scheduled
monitoring. The failure of the Subrecipient to administer,
implement, and perform as determined by federal regulations
and by the County shall constitute non-compliance with this
Agreement. Non-compliance is a violation of this Agreement
and may result in the withholding of future payments.
12.0 ENVIRONMENTAL REVIEW CONDITIONS
12.1 Completion of the Environmental Review Record (ERR) is mandatory before taking
any physical action on a site or entering into choice-limiting contracts. Only exempt
activities such as administration may be taken and reimbursed by the County prior
to receiving a written release of HOME funds to the Subrecipient. Exempt activities
described in 24 C.F.R. § 58.34(a)(1)-(11) are activities that generally have no
physical impact on the environment. If federal funds are involved in an activity,
then neither federal nor non-federal funds may be expended or committed by
contract (conditional or not) for property acquisition, rehabilitation, conversion,
lease, repair, or construction activities until either HUD or the County provide the
Subrecipient with written authorization based on approval of an ERR.
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12.2 An option agreement (to purchase land or a single-family residence) on a proposed
site or property is allowable prior to the completion of the environmental review if
the option agreement is contingent upon a HUD authorization to use funds based
on the completion of the ERR. The cost of the option must be a nominal portion of
the purchase price.
12.2.1 The Subrecipient agrees to comply with: The National Environmental Policy
Act of 1969 (P.L. 91-190) pursuant thereto 40 C.F.R. Parts 1500 – 1508;
Environmental Review Procedures for Entities Assuming HUD
Environmental Responsibilities pursuant thereto Title 24 C.F.R. Part 58,
Subpart A; and all conditions required in the process of the environmental
assessment.
12.2.1.1 Clean Air Act, 42 U.S.C. § 7401, et seq., as amended.
12.2.1.2 Federal Water Pollution Control Act, as amended, 33 U.S.C. §§
1251, et seq, as amended, Section 1318 relating to inspection,
monitoring, entry, reports, and information, and all regulations
and guidelines issued thereunder.
12.2.1.3 Environmental Protection Agency (EPA) regulations pursuant to
40 C.F.R. § 50, as amended.
12.2.1.4 The Subrecipient agrees to comply with conditions set forth by
the Maricopa County Air Quality Department or other County
agency, as required.
12.2.1.5 Flood Disaster Protection - In accordance with the requirements
of the Flood Disaster Protection Act of 1973 (42 U.S.C. § 4001),
the Subrecipient 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 Subrecipient shall
require the homeowner to obtain and maintain flood insurance
as a condition of funding, or funds shall not be utilized.
12.2.1.6 Historic Preservation - The Subrecipient shall comply with the
Historic Preservation requirements set forth in the National
Historic Preservation Act of 1966 (16 U.S.C. § 470) and the
procedures set forth in 36 C.F.R. § 800, Advisory Council on
Historic Preservation Procedures for Protection of Historic
Properties, insofar as they apply to the performance of this
Agreement.
12.2.2 Release of Funds (ROF) - No funds may be encumbered prior to the
completion of the Environmental Review. The ERR must be completed
before any funds are obligated. Funding is also conditioned upon the
completion of the ERR of every activity site by address. The responsibility
for certifying the appropriate ERR and ROF shall rest with the County. It is
the responsibility of the Subrecipient to notify the County and to refrain from
making any commitments and expenditures on a site until a ROF has been
issued by the County. Failure to meet these conditions will mean that
requested funds will not be disbursed.
13.0 ADDITIONAL CERTIFICATIONS, WARRANTIES, AND AGREEMENTS
13.1 The Subrecipient agrees to undertake the same obligations as the County has
undertaken to HUD pursuant to the County’s Annual Action Plan (included in this
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Section 2 Special Provisions
Agreement by reference) and shall adhere to the federal Certifications reference
below, including Attachment 1 - Certification for a Drug-Free Workplace (HUD form
50070) and Attachment 2 - Certification of Payments to Influence Federal
Transactions (HUD form 50071). The Subrecipient shall hold the County harmless,
defend, and indemnify the County against any damages or other liabilities that the
County may incur with respect to HUD as a result of any failures on the part of the
Subrecipient.
13.2 The Subrecipient agrees:
13.2.1 To ensure that the total HOME investment in each unit does not exceed
the maximum per unit subsidy (24 C.F.R. § 92.250) for the area in which
the property is located. This limit is updated annually. Refer to Section 3
Subparagraph 11 of this Agreement.
13.2.2 To ensure that the period of affordability imposed on the project reflects the
per unit subsidy limit. The minimum affordability period is five years for
HOME subsidies of less than $25,000 per unit; ten years for subsidies of
$25,000 to $50,000; and 15 years for subsidies greater than $50,000, new
construction of rental housing has a Period of Affordability of 20 years and
refinancing of rental housing has a minimum Period of Affordability of 15
years
13.2.3 To ensure that the annual Homeownership Value Limits are not exceeded.
HOME funds for homebuyer assistance or single-family rehabilitation
projects must have an initial purchase price that does not exceed 95% of
the median purchase price for Maricopa County. These limits apply to
homeownership units assisted with HOME funds for the following single-
family activity types: new housing construction for resale; homebuyer
assistance; acquisition with rehabilitation for resale; and owner-occupied
housing rehabilitation. This limit is updated annually by HUD.
13.2.4 To 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:
13.2.5 Implementation of the Fair Housing Act, (42 C.F.R. §§ 3601-3620), and
implementing regulations at 24 C.F.R. § 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
Comp., p. 652 and 3 C.F.R. § 1980, Comp. 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);
13.2.6 Affirmatively further fair housing, which includes taking appropriate actions
to overcome the effects of any impediments identified in the County’s
“Analysis of Impediments to Fair Housing Choice” and maintain records
reflecting any actions taken in regard to fair housing;
13.2.7 Adhere to Executive Order 13166 (Improving Access to Services for
Persons with Limited English Proficiency) in accordance with Title VI of the
Civil Rights Act of 1964;
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Section 2 Special Provisions
13.2.8 Implementation of 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);
13.2.9 Implementation of 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. § 8
(nondiscrimination based on handicap in federally assisted programs and
activities of HUD) and the Americans with Disabilities Act 1990 (42 U.S.C.
§§ 12101, et seq.);
13.2.10 Adhere to 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, Comp, p. 339);
13.2.11 Implementation of 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);
13.2.12 Implementation of the requirements of Executive Orders 11625 and
12432 regarding MBE development and 12138 regarding WBE, and
Regulations S. 85.36 (e) and of Section 281 of the National Housing
Affordability and Stability Act; and
13.2.13 Implementation of the requirements of the HUD 246 Rule (24 C.F.R.
Part 5 Final Rule 5863) to ensure equal access to housing and services
regardless of gender identity.
13.3 The Subrecipient agrees that it will prepare and adopt acceptable procedures and
requirements for affirmatively marketing units in the HOME 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 Subrecipient shall make
good faith efforts to provide information and to otherwise attract eligible persons
from all racial, ethnic, and gender groups in the housing market to the available
housing during the period of affordability. These procedures and requirements are
not applicable when units are occupied by families referred from a Public Housing
Authority's (PHA) waiting list, or to families receiving tenant-based rental
assistance provided from HOME funds.
13.4 HOME funds may not be used for operations or modernization of public housing
projects financed under the Housing Act of 1937.
13.5 The County, as the participating jurisdiction, assumes all the responsibilities for
environmental review, decision making, and action under the National
Environmental Policy Act of 1969 (42 U.S.C. § 4321) and the other provisions of
the law that would apply to HUD were HUD to undertake such Activities as Federal
Activities in accordance with 24 C.F.R. § 58 (environmental review procedures for
entities assuming HUD environmental responsibilities). The County will assume
the responsibilities for the Request for Release of Funds. The Subrecipient agrees
not to commit or incur expenditures for HOME activities until this environmental
review process has been completed. Should it be determined that the Subrecipient
has incurred expenses in violation of the NEPA requirements, the Subrecipient will
be responsible for the full costs for such expenditures and repayment of any
related reimbursements. The Subrecipient shall provide all necessary assistance
to the County in completing this environmental review process.
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Section 2 Special Provisions
13.6 The Subrecipient agrees to comply with the acquisition and relocation
requirements of the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970 (URA) (42 U.S.C. §§ 4291-4655) and the governmental
implementing regulations at 49 C.F.R. Part 24; and follow 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 as they apply to the HOME Program.
13.7 The Subrecipient 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. § 24 regarding Government
Debarment and Suspension as they apply to this HOME Program.
13.8 The Subrecipient shall comply with the Flood Disaster Protection Act of 1973 (42
U.S.C. §§ 4001, et seq.) as they apply to this HOME Program.
13.9 The Subrecipient shall comply with the Drug-Free Workplace Act of 1988 as it
applies to the HOME Program.
13.10 Housing assisted with HOME Program funds constitutes HUD-assisted housing for
the purposes of the Lead-Based Paint Poisoning Prevention Act (42. U.S.C. §§
4801, et seq.) and is therefore subject to 24 C.F.R. § 35.
13.11 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 funds or who is in a position in a
decision making process or gains inside information with regard to these activities,
may obtain a financial interest or benefit from a HOME-assisted activity, either for
himself/herself or those whom the person has family or business ties, during
his/her tenure or for one year thereafter.
14.0 SUBCONTRACTS AND VENDORS
14.1 Approvals – Unless expressly authorized in this Agreement, exempt activities such
as architectural, engineering, and administration may not be undertaken and
reimbursed by the County prior to receipt of HUD Request Release of Funds
(RROF). Exempt activities described in 24 C.F.R. § 58.34(1)(1)-(11) are activities
that generally have no physical impact on the environment. Otherwise, the
Subrecipient shall not expend or commit federal or non-federal funds by contract
(conditional or not) for property acquisition, rehabilitation, conversion, lease,
repair, or construction activities, until HUD has provided written authorization
based on approved ERR. Any pre-Agreement costs entered into by Subcontract
with any agency or individual in the performance of this Program that are not
exempt activities without Release of Funds (ROF) from the County prior to the
execution of such Agreement.
14.2 UEI Number: All Subcontractors shall have a valid UEI number and an active
profile in the federal System for Award Management (SAM). Subcontractors will
not receive a subaward until that entity has provided its UEI number. 2 C.F.R. §
25.300; Appendix A to 2 C.F.R. § 25.
14.3 Fees – The Subrecipient and all Subcontractors under this Agreement shall not
charge servicing, origination, or other fees for the costs of administering the HOME
Program, except as permitted by 24 C.F.R. § 92.214(b)(1).
14.4 Selection Process – The Subrecipient shall ensure that all Subcontracts in the
performance of this Agreement are awarded on a fair and open competitive basis.
Executed copies of all Subcontracts shall be forwarded to the County along with
documentation, if requested, concerning the selection process.
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Section 2 Special Provisions
14.5 Section 3 of the Housing and Urban Development Act of 1968 – The Subrecipient
shall include the Section 3 clause in every Subcontract and shall take appropriate
action pursuant to the Subcontract upon a finding that a Subcontractor is in
violation of regulations issued by HUD. The Subrecipient shall not Subcontract with
any entity where the Subrecipient has notice or knowledge that the entity has been
found in violation of the regulations under 24 C.F.R. § 135. The Subrecipient has
the responsibility of determining Section 3 eligibility.
14.6 Monitoring – The Subrecipient shall monitor/review all subcontracted services to
assure contract compliance. Results of monitoring efforts shall be summarized in
Quarterly Performance Reports and supported with documented evidence, if
requested, of follow-up actions taken to correct areas of noncompliance.
15.0 THE COUNTY CERTIFIES
15.1 That a public purpose is served by the County contracting for activities identified
in Section 3 (Work Statement).
15.2 That the HOME Program funds designated for the Work Statement activities
constitute reasonable and prudent assistance.
16.0 PROGRAM COMPLETION
16.1 Upon completion of the Agreement activities, any Agreement funds not expended
shall be retained by the County for reallocation as defined by the Maricopa HOME
Consortium Policies and Procedures.
16.2 The disposition of any property purchased during the term of this Agreement shall
follow Section 1 (General Provisions), Paragraph 24.0 (Property).
16.3 The Subrecipient shall continue to be responsible for compliance activities until all
HOME Program requirements and contractual obligations are met, including
affordability restrictions. The Subrecipient’s obligations shall not end until all close-
out requirements are completed. The County will notify the Subrecipient in writing
that a Completion Report is due to the County within sixty (60) days after one of
the following occurrences:
16.3.1 Funds have been expended for the activity;
16.3.2 The Work Statement has been completed;
16.3.3 This Agreement has expired; or
16.3.4 The Agreement has otherwise been terminated.
16.4 Following the receipt and approval of the Completion Report for each activity, the
County will notify the Subrecipient in writing that each activity is closed. In
compliance with 24 C.F.R. § 92.502(d), all project completion data shall be entered
into IDIS by the County within 120 days after the final drawdown. Project
completion means projects have all necessary title transfer and construction work
completed, projects comply with HOME requirements including property standards
set forth at 24 C.F.R. § 92.251, the final draw has been disbursed, and the
projection completion data has been entered into IDIS.
16.5 For the purposes of a rental project, the following shall apply:
16.5.1 The project shall be completed when the site receives a Certificate of
Occupancy;
16.5.2 It is not required for a beneficiary to be identified for the project to be
considered complete. Vacant rental units may be marked as vacant when
completion data is entered into IDIS.
16.5.3 If any rental unit remains unoccupied six (6) months after the date of project
completion, the Subrecipient must provide the County information about
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Section 2 Special Provisions
marketing efforts to place occupants in the unit and, if appropriate, an
enhanced plan for marketing the unit so that it is leased as quickly as
possible.
16.5.4 Within eighteen (18) months after the date of project completion, if efforts
to market the unit are unsuccessful and the unit is not occupied by an
eligible beneficiary (or beneficiaries), the Subrecipient shall be required to
repay all HOME funds invested in the unit.
17.0 FAILURE TO MAKE PROGRESS
17.1 The failure of the Subrecipient to make progress according to the Work Statement
may result in the termination of this Agreement, de-obligation of funds, or recapture
of funds. The Subrecipient agrees to meet with the County at the site at which the
funded activity is to take place to discuss progress and allow the County to provide
technical assistance if:
17.1.1 The Subrecipient fails to complete an Environmental Review pursuant to
Section 2 (Special Provisions) Paragraph 12.0 (Environmental Review
Conditions) within one hundred and eighty (180) calendar days after the
date this Agreement is executed;
17.1.2 The Subrecipient fails to commit funds to a specific local project in
accordance with the terms of this Agreement within eighteen (18) months
after the date of full execution of this Agreement. Commit for the purposes
of this paragraph shall have the same meaning as in 24 C.F.R. § 92.2(2)(i)-
(iii).
17.1.3 The Subrecipient fails to expend HOME funds in performance of project
activities in accordance with the terms of this Agreement within twenty-four
(24) months after the date of full execution of this Agreement.
17.1.4 Within six (6) months after the date of project completion, if a unit remains
unoccupied, then the Subrecipient must provide the County information
about current marketing efforts and, if appropriate, an enhanced plan for
marketing the unit so that it is leased as quickly as possible. Within 18
months from the date of project completion, if efforts to market the unit are
unsuccessful and the unit is not occupied by an eligible tenant, then HUD
will require repayment of all HOME funds invested in the unit. A unit that
has not served a low- or very low-income household has not met the
purpose of the HOME program. Therefore, the costs associated with the
unit are ineligible. This tracking provides the County with early notice of any
units at risk of going unoccupied as described in 24 C.F.R. § 92.252.
17.2 The County will terminate this Agreement and recapture funds if the Subrecipient
does not perform the activities described in the Work Statement of this Agreement.
The County, in its sole discretion, may forgo providing technical assistance and
require repayment of funds as outlined in this Agreement under Section 2 (Special
Provisions), Paragraph 10.0 (Repayment of Funds), or terminate the Agreement
for cause under Section 1 (General Provisions), Paragraph 9.0 (Termination).
18.0 REVERSION OF ASSETS
Unexpended funds must be de-obligated and returned to the County for reallocation. At
the expiration of this Agreement, the County, upon recommendation of the Maricopa
HOME Consortium staff, may reallocate any unencumbered funds per the Consortium
reallocation policy, as stated in the Maricopa HOME Consortium Intergovernmental Three-
year Cooperative Agreement. A written letter to de-obligate funds will be sent to the
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Section 2 Special Provisions
Subrecipient from the County a minimum of ninety (90) calendar days prior to termination
of this Agreement
19.0 VIOLENCE AGAINST WOMEN REAUTHORIZATION ACT OF 2022
19.1 HOME rental units must comply with all HOME requirements for the period of
affordability applicable to rental units, according to 24 C.F.R. § 92.359(a)(1)
(https://www.ecfr.gov/current/title-24/part-92/section-92.359#p-92.359(a)(1))
19.2 The Subrecipient then also must comply with VAWA 2022, which applies to all
victims of domestic violence, dating violence, sexual assault, and stalking,
regardless of sex, gender identity, or sexual orientation, and which must be applied
consistent with all nondiscrimination and fair housing requirements.
19.3 The Subrecipient must give a Notice of Occupancy Rights to tenants and
applicants to ensure they are aware of their rights under VAWA, maintain an
emergency transfer plan, and document incidents of domestic violence, dating
violence, sexual assault, and stalking.
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SECTION 3
WORK STATEMENT
Town of Gilbert HOME Page 42 of 57

Section 3 Work Statement
MARICOPA COUNTY
HOME Investment Partnerships Program
Program Year 2025 and 2026
Consortium Member: Town of Gilbert, Arizona
UEI: LT9LGV6J7S36
FAIN: M-24-DC-04-0227 ; M-25-DC-04-0227 ; M-26-DC-04-0227
Federal Award Date: 9/26/2024 ; 9/16/2025 ; 9/21/2026
Funding: $621,053.00 ($9,619.00 PY24 EN; $308,700.00 PY25 EN;
$302,734.00 PY26 EN)
Activity Type: Acquisition and Rehabilitation of Rental Housing
Activity Name: Gilbert/ARM Rental Housing (“Project”)
1.0 FUNDING:
HOME PY24 EN HOME PY25 EN HOME PY26 EN TOTAL
$9,619.00 $308,700.00 $302,734.00 $621,053.00
1. Consolidated Plan goals as it related to this activity: Affordable rental property is a
high priority goal in Town’s Consolidated Plan.
2. Type of assistance/activity to be provided with HOME funds: Acquisition and
Rehabilitation of Rental Housing and the creation of a permanent, affordable rental
home.
3. Methods and instruments used for ensuring affordability (24 CFR 92.252(d)): The
HOME funds will be secured by a Deed of Trust and Promissory Note. The Town
utilizes a recapture provision that will require the HOME funds to be repaid in full
by either the Subcontractor or the Town if the unit is determined to be no longer
eligible. Funds to be repaid will be based on the entire amount of HOME subsidy
that was originally used to purchase and rehabilitate the unit. All units are secured
by a Deed of Trust and Promissory Note.
4. Anticipated use of program income/project proceeds: Program Income means
gross income received by the Town directly generated from the use of HOME
funds. For purposes of this work statement, the gross income from the use or rental
of real property that was acquired, rehabilitated, or constructed, with HOME funds
or matching contributions, less costs incidental to generation of the income. No
Program Income is anticipated, but if any is earned it will be returned to the Town,
and retained for future HOME eligible activities.
2.0 DETAILED SCOPE OF WORK
1. Project Description: Purchase and rehabilitate two (2) new permanent affordable
rental home in the Town. A Subcontractor will utilize HOME funds for the purchase
and minor rehabilitation of two 2- or 3-bedroom home to be rented for income
eligible residents. The contracting agency will ensure that eligible beneficiaries do
not exceed the current Maricopa County HOME Income Limits. The Subcontractor
will not exceed the annual HOME Rent Limits, including utilities. The Town
currently has 24 permanent affordable rental homes.
2. Project Staff: The Subrecipient shall maintain staff qualified to perform the
duties of the project. The Subrecipient shall immediately notify the County
regarding any changes in staff committed to the project. The County reserves
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Section 3 Work Statement
the right to review the qualifications of new staff committed to the project after
the execution of this Agreement. The Subrecipient will be responsible for all
communications with the Maricopa HOME Consortium, providing all updates
and as needed reporting. In addition, any complaints will be the responsibility
of the Subrecipient.
3. Subcontractors: The Subrecipient will oversee every aspect of the project. This
oversight includes, but is not limited to, day-to-day operations; preparing
budgets; managing the budget, timeline, and change orders; issuing a Request
for Proposal and selecting the general contractor and Subcontractors. The
Subrecipient shall select Subcontractors in accordance with the Administrative
Requirements of this Agreement. The Subrecipient shall contract with
responsible and qualified Subcontractors to perform the duties of the project.
The Subrecipient shall verify the qualifications of each Subcontractor through
license verification, references, and SAM.gov.
4. BABA: Pursuant to the Build America, Buy America Act (BABA), enacted as
part of the Infrastructure Investment and Jobs Act (IIJA). Pub. L. 117-58, 41
U.S.C. § 8301 note, the Federal Financial Assistance used to fund this
infrastructure project is required to apply a domestic content procurement
preference (the “Buy America Preference” or “BAP”) for all construction,
alteration, maintenance, or repair of infrastructure, including buildings and real
property, unless application of the BAP has been waived by HUD. Additional
details on fulfilling the BABA requirements can be found at
https://www.hud.gov/hud-partners/baba.
3.0 OBJECTIVES AND OUTCOMES:
OUTCOMES
OBJECTIVE AVAILABILITY/ AFFORDABILITY SUSTAINABILITY
ACCESSIBILITY
Single-Family Homebuyer Activities,
Housing Rehab Acquisition/Rehab of rental
DECENT and Emergency housing, acquisition/New Housing Activities in a
HOUSING Rehab, Construction of rental targeted revitalization
Homebuyer housing, Expansion of area
Assistance assisted rental units in the
private marketplace
4.0 LOGIC MODEL: PERFORMANCE INDICATORS:
INPUTS/RESOURCES ACTIVITIES OUTPUTS OUTCOMES IMPACT
In order to accomplish In order to Once completed, When Long term
proposed activities, the address the these activities completed, changes:
Subrecipient will need issue, the will produce the these activities
the following: Subrecipient following: will lead to the
will conduct following
the following changes:
activities:
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Section 3 Work Statement
HOME funding Purchase and Expand Safe and Stable
rehabilitate affordable decent housing neighborhoods
one single housing for a low-
family unit opportunities income
home for a household.
household at
or below 60%
of the Area
Median
Income
5.0 PROPOSED BENEFICIARIES:
Targeted Population by Number of Total Number Number of HOME
Income Level Households of Units Assisted Units
(If rental development)
Households at or below 50%
Households at or below 60% 2 2 2
Households at or below 80%
TOTAL 2 2 2
6.0 PRIORITY POPULATIONS:
Complete the table below only if the Activity will specifically set-aside units for a priority
population. Set-asides will be enforced through contract provisions.
Priority Populations Total Number of Number of HOME
Units Assisted Units
Elderly
Physically Disabled
Veterans
Homeless
Other Priority Populations
7.0 PERFORMANCE REPORTING GOALS-TIMELINE OF ACTIVITIES:
MILESTONES START DATE COMPLETION
DATE
HOME Amendment signed by Town Council 9/30/2026 11/4/2026
Contractor/subrecipient agreement approved 9/15/2026 11/3/2026
Site Selection #1 12/1/2026 1/15/2027
Underwriting 12/15/2026 1/15/2027
Environmental Review 1/20/2027 2/5/2027
Property Acquisition 1/20/2027 2/1/2027
HOME Set-Up Report to County 2/15/2027 2/15/2027
Property Rehabilitation 2/1/2027 3/15/2027
Housing property standards inspection 4/1/2027 4/1/2027
Certificate of Occupancy 4/5/2027 4/5/2027
Units Occupied by Low Income Households 4/15/2027 4/15/2027
Final Close-out/Project Completion Report 5/1/20257 5/15/2027
Site Selection #2 1/15/2027 3/15/2027
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Section 3 Work Statement
Environmental Review 3/17/2027 4/2/2027
Property Acquisition 3/17/2027 3/31/2027
Property Rehabilitation 4/1/2027 5/15/2027
Housing Quality Standards Inspection 5/20/2027 5/27/2027
Certificate of Occupancy 6/1/2027 6/1/2027
Unit Occupied by Low-Income Household 6/15/2027 6/15/2027
Final Close-Out / Project Completion Report 6/30/2027 6/30/2027
Any change to the timeline will need to be submitted to and approved by the County.
Expenditure deadline for this Scope of Work is 11/4/2027
8.0 ACTIVITY BUDGET SUMMARY:
PY 2025 HOME PY 2026 HOME OTHER
ACTIVITY FUNDS FUNDS RESOURCES TOTAL BUDGET
(including PY24) (Table 9.0)
Acquisition Costs $303,319.00 $287,734.00 $125,263.25 $716,316.25
Rehabilitation Costs $0.00 $0.00 $30,000.00 $30,000.00
Subrecipient Fees $16,000.00 $16,000.00 $0.00 $32,000.00
TOTAL BUDGET $318,319.00 $302,734.00 $155,263.25 $778,316.25
9.0 SOURCE AND AMOUNT OF OTHER RESOURCES:
FUNDING AGENCY CASH/LOAN AMOUNT VOLUNTEER/IN-KIND
AMOUNT
ARM of Save the Family $155,263.25 N/A
TOTAL $155,263.25 N/A
10.0 MATCH:
At a minimum, match commitment must equal 25% of the HOME funds requested. Documentation
is due at the time of request for payment(s). Match Logs must be submitted annually by June 30th
of each year.
TYPE SOURCE/FUNDING TOTAL
AGENCY
Cash or cash equivalents from ARM of Save the $155,263.25
a non-federal source Family
TOTAL $155,263.25
11.0 HOME MAXIMUM PER UNIT SUBSIDY LIMITS:
Subrecipient will ensure that total amount of HOME funds invested on a per-unit basis in
affordable housing will not exceed the per-unit dollar limits established by HUD in
accordance with 24 CFR 92.250.
12.0 PROPERTY STANDARDS
Housing that is constructed or rehabilitated with HOME funds must meet all applicable
federal, state, and local codes, rehabilitation and construction standards, ordinances, and
zoning ordinances, including Section 504 of the Rehabilitation Act of 1973 and Fair
Housing Act, as amended, at the time of project completion. All work will meet decent,
safe, and sanitary housing standards consistent with HOME regulations including
92.251(b) for rehabilitation projects, 92.251(f) for ongoing property condition standards
and inspections, and Maricopa County Housing Rehabilitation Standards. These
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Section 3 Work Statement
standards are available on the Maricopa County website under Housing & Community
Development or upon request.
13.0 OCCUPANCY REQUIREMENTS
The Subrecipient staff will determine and verify income eligibility of tenants for the HOME-
assisted units prior to occupancy of a unit. The occupancy of the County HOME-assisted
unit must be by households whose income is at or below 60% AMI throughout the Period
of Affordability. The Subrecipient will define “Annual Income” as it is defined at 24 CFR
Part 92 and will document sources of income and examine eligibility in order to meet
requirements of HOME regulations at 24 CFR Part 92.203.
14.0 AFFORDABILITY PERIOD
The Subrecipient will ensure that all housing assisted under this Agreement meets the
affordability requirements of 24 CFR § 92.252, as applicable. The period of affordability
for acquisition and rehabilitation of HOME-assisted rental units is 5-15 years depending
on the amount of per-unit HOME assistance provided.
15.0 METHODS AND INSTRUMENTS USED FOR ENSURING AFFORDABILITY
1. Recapture provision. The HOME funds used for development will be secured by a
Deed of Trust, Promissory Note, and Declaration of Land Use Restrictions for a
term of 5-15 years. The County utilizes a recapture provision that will require the
HOME funds to be repaid in full by the Subrecipient if the unit is determined to be
no longer eligible. Funds to be repaid will be based on the entire amount of HOME
subsidy that was originally used to purchase and construct the project. All units are
secured by a Deed of Trust and Promissory Note.
2. The Subrecipient and County shall assemble a loan package comprised of an
agreed upon Deed of Trust, Promissory Note, Declaration of Land Use
Restrictions, and any other documents required to secure the obligation required
by the County, other Lenders lending to the Project, or Title Agency. County will
subordinate its liens to all senior lenders providing financing for the Project.
3. Prior to any funds being disbursed, Subrecipient shall deliver to the County a fully
authorized and executed Declaration of Land Use Restrictions, and a Deed of
Trust, which documents shall be recorded in the Maricopa County Recorder’s
Office, to attach to the Project. Declaration and Land Use Restrictions shall bind
the property of the Project to provide affordable housing to the tenants who are to
reside in the Project during the entirety of the Affordability Period. In no event shall
said Declaration be removed of record or modified in any manner without the prior
written consent of the County.
16.0 INCOME LIMITS, RENT LIMITS & UTILITY ALLOWANCE
1. Income & Rent Limits - HOME-assisted units rents will be at or below the Low
HOME Rent and rents will be at or below 30% of tenant’s gross income. Updated
HOME income and rent limits from the Maricopa County Housing & Community
Development division are available on an annual basis. These limits are adjusted
annually by the U.S. Department of Housing & Urban Development (HUD). The
Subrecipient can request the updated limits from the County or by going to
https://www.maricopa.gov/3893/Notices-Documents or going to HUD’s website for
the updated versions each year.
2. Utility Allowance Determination - A utility allowance must be used when
determining all eligible unit rents only if, and only for, utilities that are paid directly
by the resident. If all utilities are provided by the owner/agent, there is no utility
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Section 3 Work Statement
allowance. A copy of the current utility allowance schedule must be submitted to
the County each year with the Annual Report. It is noted that utility allowance
schedules often remain the same from year to year. If the table has not changed,
the owner/agent should include a copy of a letter stating so from the appropriate
authority dated in the calendar year covered by the annual report. Use of a local
PHA’s utility allowance for HOME-assisted rental projects is permitted.
17.0 ANNUAL INCOME DETERMINATION
The HOME regulations at 92.203 require the income eligibility of applicants to be
determined by examining source documentation which provides evidence of annual
income, such as: wage statements, interest statements, and unemployment
compensation statements. The HOME Final Rule (90 FR 746) effective April 20, 2025
revises 92.203(a) to provide the choice to accept income determinations from Federal or
State project-based rental subsidy programs as a safe harbor for documenting tenant
eligibility in HOME-assisted units.
18.0 AFFIRMATIVE MARKETING
Per 92.351 The Subrecipient will adopt maintain an Affirmative Marketing Policy and
procedures which follow the County’s Affirmative Marketing Policy and procedures. The
public, property owners, and potential tenants will be informed about the responsibilities
of the Project in complying with Fair Housing Act and Affirmative Marketing, regulations,
and the goal of attracting persons from all racial, ethnic, and gender groups in the housing
market area to the available housing. This policy applies equally to all recipients of HOME
funds and defers to the HOME Regulations regarding Fair Housing and Equal Opportunity
(Title VI of the Civil Rights Act of 1964, As Amended, The Fair Housing Act, Equal
Opportunity in Housing (Executive Order 11063, As Amended by Executive Order 12259),
and the Age Discrimination Act of 1975, As Amended;
(https://www.hud.gov/program_offices/fair_housing_equal_opp) and Affirmative
Marketing (24 CFR Part 92.253(d); 2 CFR Part 92.351(a); HUD Executive Orders 11625,
12432, 12138).
19.0 MONITORING
Not later than July 30 of each year and continuing until the expiration of the Affordability
Period or extended commitment period, unless otherwise determined by the Human
Services Department but not to exceed a 5-year period per 2 CFR Part 200.330. The
HOME program regulations at 24 CFR 92.214(b)(1)(i) allow the Lead Agency to charge
owners or rental projects reasonable annual fees for compliance monitoring during the
period of affordability. Subrecipient shall provide to the County:
1. A copy of the then current rent rolls.
2. Proof that all residents of the Project are qualified by income to reside in the
Project.
3. A copy of the then current forms of lease required to be executed by residents of
the Project.
4. Such other information as, in the sole discretion of the County, is necessary to
demonstrate to the County that all requirements with respect to affordability are
satisfied.
5. Schedule with the County an inspection to allow the County to ensure all units
comply with 24 CFR 92.251 regarding property standards and inspections.
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Section 3 Work Statement
20.0 TENANT PROTECTIONS AND SELECTION
The HOME-assisted units will defer to HOME Regulations at 92.253 regarding tenant
protections and selection. Pursuant to 24 CFR 92.253(b), the following terms are
prohibited from inclusion in leases of HOME-assisted units for the period of affordability
agreed upon herein
1. Agreement to be Sued. Tenant shall not be required to agree to be sued, admit
guilt or consent to judgement in favor of the landlord in legal proceedings brought
forth in connection with the lease agreement.
2. Treatment of Property. Landlord shall not take, hold, or sell tenant's personal
property without notice and a court decision on the rights of the respective parties.
3. Excusing Owner from responsibility. Tenant shall not be required to hold landlord
or landlord's agents harmless in any action or failure to act, whether unintentional
or negligent.
4. Waiver of Notice. Tenant shall not be required to waive notification of a lawsuit
instituted by landlord.
5. Waiver of Legal Proceedings. Tenant shall not be required to waive a court
proceeding in an eviction process.
6. Waiver of Jury Trial. Tenant shall not be required to waive any right to a trial jury.
7. Waiver of Right to Appeal Court Decisions. Tenant shall not be required to waive
their rights to appeal a court decision associated with the lease.
8. Tenant's Payment of Legal Fees. Tenant shall not be required to pay any legal
costs of landlord associated with a court proceeding.
9. Mandatory Supportive Services. Tenant shall not be required to accept supportive
services in connection with their occupancy of the assisted unit.
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SECTION 4
COMPENSATION
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Section 4 Compensation
1.0 COMPENSATION
1.1 The Subrecipient will only utilize HOME funds to pay for eligible activities and costs
of those activities permitted in 24 C.F.R. § 92.206 (Eligible Project Costs) and not
specifically prohibited under 24 C.F.R. § 92.214 (Prohibited Activities and Fees).
1.2 The Subrecipient shall be reimbursed utilizing the Assistance Listing Number
(ALN): 14.239, HOME Investment Partnerships Program provided to the County
through the U.S. Department of Housing and Urban Development (HUD).
1.3 Subject to the availability and authorization of funds for the explicit purposes set
forth below, the County will pay the Subrecipient compensation for services
rendered as indicated in the following subparagraphs. The County will not be liable
for any contracts entered into by Subrecipient in anticipation of receiving payments
under the Agreement.
1.4 The Subrecipient shall not retain any funds drawn down in excess of immediate
cash needs (to be used within 15 days after draw down) to cover subsequent
requests for reimbursement. Any excess funds must be returned to the County
within 30 days after receipt. The Subrecipient also must return to the County any
interest that is earned on these funds that are drawn down and not expended for
eligible costs within 15 days after the funds have been drawn down.
2.0 METHOD OF PAYMENT
2.1 The Subrecipient agrees to submit reimbursement requests utilizing the approved
Reimbursement Request Form to the County, along with the Match Log
Certification Form. The Subrecipient may request funds only after it has satisfied
the funding contingencies and federal Environmental Review conditions and have
a written agreement in place for Project activities.
2.2 The Subrecipient may not request reimbursement of funds under this Agreement
until the funds are needed for payment of eligible costs. The amount of each
request must be limited to the amount needed. Program Income funds must be
disbursed before the Subrecipient requests funds from the County.
2.3 The County agrees to make a reimbursement to the Subrecipient for actual
allowable costs incurred, upon certification of HUD Environmental Release of
Funds and submittal by the Subrecipient of an itemized statement of actual
expenditures incurred, supported by appropriate documentation.
2.4 The Subrecipient shall submit to the County a Request for Reimbursement of all
expenditures within the same fiscal year in which the expenditures are incurred.
The fiscal year runs July 1st through June 30th, and all Requests for
Reimbursement shall be submitted no later than July 15th for the preceding fiscal
year
2.5 All requests for Reimbursement shall be submitted
to:HSDFINANCE@MARICOPA.GOV
2.6 Reimbursement by the County is not to be construed as final in the event that HUD
disallows reimbursement for the Program or any portion thereof.
2.7 The County shall reimburse the Subrecipient on a Net zero (0) payment standard.
2.8 The Subrecipient shall comply with all requirements under 2 C.F.R. 200.415,
incorporated herein by reference.
3.0 TIMELINESS
The Subrecipient will submit Requests for Reimbursements to the County at least quarterly,
provided Subrecipient has expended at least $1,000.
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Section 4 Compensation
4.0 REIMBURSEMENT
4.1 The County shall:
4.1.1 Provide financial assistance in an amount not to exceed Six Hundred
Twenty-One Thousand Fifty-Three Dollars ($621,053) subject to the terms
of this Agreement and availability of funds.
4.1.2 Review the claim for reimbursement to ensure compliance with applicable
requirements pursuant to the Agreement. The approval of payment based
on a claim for reimbursement is at the County’s discretion.
4.1.3 Notify the Subrecipient of any deficiencies in the claim for reimbursement
and itemize what additional information, if any, is needed.
4.1.4 Conduct, if, in the opinion of the County it is necessary, an inspection of
the Project.
4.1.5 Disburse all funds for which and to the extent of approval of the submitted
claim for reimbursement in the manner, amount, increment, and
timeframe determined at County’s discretion.
5.0 FINAL REIMBURSEMENT UPON AGREEMENT TERMINATION
5.1 Upon termination of this Agreement at the date identified on page 1 of this
Agreement, or as may be amended, the Subrecipient shall submit the final
reimbursement request.
5.1.1 This request shall be submitted no later than 30 calendar days after the
termination date except as noted immediately below.
5.1.2 If the termination date is between June 10th and June 30th, then the final
reimbursement request shall be submitted by July 10th.
5.1.3 The final progress report, and any other required reports that may be
applicable such as the Project proceeds report, shall be submitted with the
final reimbursement request.
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SECTION 5
ATTACHMENTS
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Section 5 Attachments
Attachment 1
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Section 5 Attachments
Attachment 2
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Section 5 Attachments
Attachment 3
ADDENDUM TO THE
AGREEMENT BETWEEN
MARICOPA COUNTY
ADMINISTERED BY ITS
HUMAN SERVICES DEPARTMENT
AND
THE TOWN OF GILBERT
ACTIVITY: Acquisition/Rental of Single-Family Homes
CONTRACT START: 9/30/2026
CONTRACT END DATE: 9/30/2028
CONTRACT NUMBER: ____________________
I. The purpose of this Addendum is to identify the property(ies) acquired for Project activities.
II. Pursuant to the Agreement Section 1 (General Provisions), Paragraph 6 (Administrative
Change Orders and Addenda), Subparagraph 6.1.2 (Addenda) of the Agreement, the
following properties are hereby identified for purchase:
III. All other terms of the Agreement not amended by this Addendum shall remain in full force
and effect as approved.
IV. The Parties have authorized the undersigned to execute this Addendum on their behalf.
V. This Addendum shall be effective upon approval and signature by the Parties.
(Signatures are contained on the following page)
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Section 5 Attachments
IN WITNESS, the Parties have signed this Addendum:
APPROVED BY: APPROVED BY:
THE TOWN OF GILBERT MARICOPA COUNTY
Scott Anderson, Mayor Date Jamie Macfarlane Date
Assistant Director
Attested to: :
Chaveli Herrera, Town Clerk Date
IN ACCORDANCE WITH A.R.S. §§ 9-240 and IN ACCORDANCE WITH A.R.S. §§ 11-201,
11-952, THIS AGREEMENT HAS BEEN 11-251, AND 11-952, THIS AGREEMENT HAS
REVIEWED BY THE UNDERSIGNED BEEN REVIEWED BY THE UNDERSIGNED
ATTORNEY WHO HAS DETERMINED THIS ATTORNEY WHO HAS DETERMINED THIS
ADDENDUM IS PROPER IN FORM AND ADDENDUM IS PROPER IN FORM AND
WITHIN THE POWERS AND AUTHORITY WITHIN THE POWERS AND AUTHORITY
GRANTED TO THE TOWN OF GILBERT GRANTED TO MARICOPA COUNTY UNDER
UNDER THE LAWS OF THE STATE OF THE LAWS OF THE STATE OF ARIZONA.
ARIZONA.
APPROVED AS TO FORM: APPROVED AS TO FORM:
Town Attorney Date Deputy County Attorney Date
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