A New Leaf Subrecipient Agreement
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SUBRECIPIENT AGREEMENT FOR TENANT-BASED RENTAL ASSISTANCE
UNDER THE HOME INVESTMENT PARTNERSHIPS PROGRAM
This Subrecipient Agreement for Tenant-Based Rental Assistance (the “Agreement”) is made and
entered into this 8th day of June, 2021 by and between the City of Glendale, an Arizona municipal
corporation, (the “City”), and A New Leaf, Inc., an Arizona nonprofit corporation, (the
“Subrecipient”).
RECITALS
WHEREAS, the City is a member of the Maricopa HOME Consortium, a “participating
jurisdiction” (“PJ”) under the HOME Investment Partnerships Program (“HOME” or “HOME
Program”) that receives HOME funds from the U.S. Department of Housing and Urban
Development (“HUD”) under Title II of the Cranston-Gonzalez National Affordable Housing Act
of 1990, as amended, 42 USC 12741 et seq., (the “Act”) and 24 CFR part 92; and
WHEREAS, the purpose of the HOME Program is to increase the supply of decent, safe,
sanitary, and affordable housing for very low-income and low-income households; and
WHEREAS, among the eligible uses of HOME program funds is the provision of tenant-
based rental assistance (“TBRA”); and
WHEREAS, the City has determined it will use HOME funds to operate a TBRA program
to assist eligible low- and very low-income families to pay rent and other eligible housing costs (the
“Program”); and
WHEREAS, the City has identified A New Leaf, Inc. as an eligible “subrecipient” (as such
term is defined in 24 CFR 92.2) capable of developing and administering the Program on behalf of
the City; and
WHEREAS, the City Council has approved a resolution authorizing the award of HOME
funds to Subrecipient for the purpose of establishing and operating the Program; and
NOW, THEREFORE, in consideration of the foregoing and the mutual agreements and
covenants set forth herein, the City and Subrecipient do agree, for themselves and for their respective
successors and assigns, as follows:
AGREEMENT
1. Program Description. As further described herein and in the TBRA Program Guidelines
(the “Program Guidelines”), which may be updated from time to time and are incorporated
herein by reference, Subrecipient will design and operate a TBRA Program to provide short
to medium-term rental, utility and deposit assistance, to eligible low-and/or very low-income
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households experiencing homelessness as defined in the McKinney-Vento Homeless
Assistance Act. Units occupied by TBRA recipients must be located within Maricopa County
and comply with the Program’s property standards as defined in the Program Guidelines. The
Subrecipient will execute a HOME Rental Assistance Contract (“Rental Assistance Contract”),
including required Addenda, jointly with each assisted household and the owner of the tenant’s
unit.
2. Agreement Amount. The City shall provide financial assistance in an amount not to exceed
$1,256,694.00 subject to the terms of this Agreement and subject to the availability of federal
funds. Providing this Agreement amount constitutes the City's entire participation and
obligation in the performance and completion of all work to be performed under this
Agreement.
3. Commitment of Match. Pursuant to 24 C.F.R. §§ 92.504 and 219, Subrecipient agrees to
make a match to the City’s financial assistance consistent with its proposal submitted in
response to the City’s Request for Statements of Qualifications (RSOQ). Subrecipient
therefore agrees to commit $250,000, as provided in the Match Commitment attached as
Exhibit C;
4. Duration of Agreement. This Agreement shall commence on June 8, 2021 and expire on
June 30, 2024, unless sooner terminated pursuant to the provisions contained herein.
5. Program Budget. The City will provide Subrecipient with an amount not to exceed
$1,256,694.00 as generally described in the Project Budget that is attached as Exhibit B.
6. City Role & Responsibilities. The City is responsible to HUD for the operation of the
Program and compliance with applicable federal requirements, including the HOME
requirements outlined in 24 CFR part 92. This will include, but not be limited to, the
following:
6.1 Environmental
Review:
completing
necessary
environmental
reviews
and/or
determinations pursuant to 24 CFR 92.352 and 24 CFR Part 58;
6.2 IDIS Setup, Drawdown, and Completion: entering program setup, drawdown, and
completion information along with associated reporting in HUD’s Integrated
Disbursement and Information System (“IDIS”) through Maricopa County;
6.3 Financial reimbursements: The City will process completed reimbursement requests and
remit payment within 30 days of receipt. Requests will be considered completed once all
forms and backup documentation are submitted by the Subrecipient and deemed accurate
and sufficient by the City to properly document. The City will provide technical assistance
as needed to the Subrecipient to ensure the accuracy and sufficiency of required
documentation.
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6.4 Subrecipient Monitoring. The City will complete remote and/or on-site monitoring
reviews of the Subrecipient’s performance under this Agreement and will provide a written
notice to the Subrecipient at least 30 calendar days prior to all monitoring reviews.
Monitoring results will be submitted to the Subrecipient within 30 days, and Subrecipient
will have 30 days to address all deficiencies.
7. Subrecipient Role & Responsibilities. Subrecipient is responsible for the design and
implementation of the Program, including marketing the Program to potential applicants, and
interaction with applicants to the Program, TBRA recipients, participating property owners
among others as needed. In all cases, Subrecipient will implement the program in compliance
with the Program Guidelines and all applicable federal requirements. In its role, Subrecipient
will be responsible for:
7.1 Program Guidelines: the Subrecipient will develop the Program Guidelines and provide to
the City for approval prior to commencement of work under this Agreement. Program
guidelines must address all applicable HOME Program regulatory requirements or HOME
Program guidance issued by HUD, as well as the required outcomes as stipulated in the
City’s RSOQ;
7.2 Marketing: Market and advertise the Program pursuant to the City’s affirmative marketing
plan, in accordance with the requirements in 24 CFR 92.351, including the requirements
to (i) identify those portions of the population of the City that are least likely to apply, (ii)
establish specific marketing actions (e.g. advertising in specialty publications, native
languages, etc.) intended to reach such populations, and (iii) maintain records of the results
of such activities;
7.3 Application Intake: Develop needed application materials and establish and implement an
application process in accordance with the Program Guidelines;
7.4 Screening: Review individual applications, including income determinations, in accordance
with the Program Guidelines and the HOME requirements in 24 CFR part 92, as modified
by the suspensions and waivers in the April 2020 TBRA Memo or approved by HUD, to
establish applicants’ eligibility for the Program and notify applicants of their status;
7.5 Program Orientation: Provide individual orientations to TBRA recipients and participating
property owners explaining the Program requirements;
7.6 Inspections: In accordance with the Program Guidelines, inspect units to ensure that such
units meet the Program’s property standards, including but not limited to conducting
visual assessments of potential lead-based paint hazards in any properties constructed
prior to 1978 in accordance with 24 CFR Part 35, ensuring that disturbed paint is repaired,
and ensuring that items failing inspection are corrected prior to occupancy;
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7.7 Program Policies: Apply the Program Guidelines, including any updates thereto pursuant
to the notice provisions in Section 11 of this Agreement, ensuring that individual TBRA
awards meet all HOME and Program requirements;
7.8 Management of TBRA Recipient and Property Owner: During the term of the Rental
Assistance Contract with a TBRA recipient and property owner, address questions,
concerns, or disputes between TBRA recipients and property owners, provide
clarifications of Program Guidelines, federal, and HOME requirements, and otherwise
work with TBRA recipients and owners to ensure effective and compliant delivery of
assistance.
8. USE AND DISBURSEMENT OF HOME FUNDS
8.1 Performance Standards. Subrecipient will effectuate the Program in conformance with
the Program Guidelines, HOME regulations, City standards and the terms of this
Agreement.
8.2 Anticipated Deliverables. City and Subrecipient anticipate at least 50 eligible households
will receive Tenant-Based Rental Assistance under this Agreement.
8.3 Completion Deadlines. Subrecipient must provide the City with all information (i.e.
specific TBRA recipient information) necessary for entry into HUD’s IDIS system within
30 days of the last payment made under any given Rental Assistance Contract.
8.4 Program Income. City and Subrecipient acknowledge and agree that the design of the
Program does not anticipate the receipt of “Program Income,” as defined in 24 CFR 92.2.
If Program Income is received by the Subrecipient, Subrecipient may retain Program
Income received to be used for direct assistance to beneficiaries. All Program income
received must be expended by the Subrecipient prior to requests for reimbursement of
funds to the City.
8.5 Rental Assistance Contracts: Subrecipient will ensure full execution of a Rental Assistance
Contract, including required Addenda, among TBRA Recipients, Property Owners, and
the Subrecipient prior to the commitment or provision of any TBRA assistance under the
Program. Subrecipient will use the Rental Assistance Contract in Exhibit D of this
Agreement to include the Lease Addendum and VAWA Lease Addendum provided in
Exhibits E and F, respectively, as part of the full execution of the Rental Assistance
Contract.
8.6 Disbursement of Funds: Subrecipient must remit reimbursement requests (or, in the case
where no reimbursement is due, a report explaining inactivity) at least monthly. In all
cases, Subrecipient is prohibited from requesting HOME funds from the City until such
funds are needed to pay HOME-eligible costs. Requests for disbursements are limited to
the amount needed at the time of such request.
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8.6.1
Reimbursement Basis: The City will provide HOME funds to the Subrecipient for
Program costs on a reimbursement basis only.
8.6.2 Program Costs: To request reimbursement of allowable costs (i.e. rental or utility
assistance or security or utility deposits), Subrecipient shall submit copies of the
executed Rental Assistance Contract and records demonstrating payment by the
Subrecipient (e.g. copies of checks). All requests for program-specific soft costs
must be supported by (i) time-sheet documentation for any costs associated with
Subrecipient staff, (ii) invoices for any third-party costs, and/or (iii) other source
documentation (e.g. receipts and mileage logs for travel expenses, etc.).
8.6.3 Administrative Costs: Administrative costs of the Program are eligible only under
general management oversight and coordination at 24 CFR 92.207(a), except that
the costs of inspecting the housing and determining the income eligibility of the
family are eligible as Activity costs of the Program. Requests for payment of
eligible administrative costs must be supported by time-sheet documentation for
any costs associated with Subrecipient staff, invoices for any third-party costs,
and/or other similar documentation. Any travel expenses charged (e.g. mileage,
per diems, etc.) must be consistent with the travel requirements listed in 2 CFR
200.474.
8.6.4 Final Payment: Subrecipient shall submit a final payment request no later than 30
days following the end of the Term of this Agreement, consistent with Section 4
of this Agreement.
9. Administrative and Program Requirements. In performing under this Agreement, the
requirements of 2 CFR part 200 apply to the Subrecipient, except for the following provisions:
§200.306, §200.307, §200.311 (except as provided in 24 CFR 92.257), §200.312, §200.329,
§200.333, and §200.334. The provisions of 2 CFR 200.305 apply as modified by 24 CFR
92.502(c). If there is a conflict between definitions in 2 CFR 200 and 24 CFR part 92, the
definitions in 24 CFR Part 92 govern. While not intended to be an exhaustive list, Subrecipient
acknowledges that the requirements of 2 CFR 200 include, inter alia, compliance with:
9.1 Procurement. Standards and procedures consistent with 2 CFR 200.318 through 200.326
related to the procurement of property, goods or services with HOME funds;
9.2 Audit. The requirement under 2 CFR 200.501 that the Subrecipient must obtain a single-
or program-specific audit if, during any given Subrecipient fiscal year, Subrecipient
expends more than $750,000 in federal funds;
9.3 Cost Principles. The cost principles included in 2 CFR 200 Subpart F, including that any
costs charged to HOME be supported by adequate documentation, allocable to the
program, necessary, and reasonable.
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9.4 Administrative Funding. Within the funding limit provided in Section 2, Subrecipient may
use HOME funds for administrative expenses associated with operating the Program.
Eligible administrative costs include costs associated with activities described in the general
management oversight and coordination requirements at 24 CFR 92.207(a) to the extent
that such activities are allowable under this Agreement. These include, but may not be
limited to, costs associated with coordinating and overseeing the Program; advertising and
promoting the Program, including affirmatively marketing the Program pursuant to the
requirements of 24 CFR 92.351; maintaining appropriate Program records, including
financial records, and submitting progress, financial, and other reporting to the City; taking
applications, conducting intake interviews, and otherwise processing applications that do
not proceed; and conducting required unit inspections.
9.5 Eligible Program Delivery Activity Costs. Pursuant to 24 CFR 92.209(a), the Subrecipient
may also use HOME program funding for its program-specific soft costs associated with
determining the income eligibility and assistance amount for assisted tenants and
completing property inspections of units occupied by assisted tenants. Alternatively, the
costs associated with determining the income eligibility and assistance amount for assisted
tenants and completing property inspections of units occupied by assisted tenants, in
whole or to the extent they exceed the limit established herein, may be charged as an
administrative cost, provided that in no case may a single item of cost be charged both as
an administrative expense and as a program-related soft cost as provided for herein.
9.6 Reversion of Assets. Upon receipt of the final payment by the City under this Agreement
and after payment by the Subrecipient of any final eligible costs under this Agreement, the
Subrecipient must transfer to the City any remaining HOME funds on hand and any
accounts receivable attributable to the use of HOME funds to the City.
9.7 Compliance with Other Federal Requirements. Subrecipient must comply with all
applicable federal requirements, including those listed in 24 CFR Part 92, Subpart H and
24 CFR Part 5, Subpart A, and the nondiscrimination requirements of Section 282 of the
Act, as amended. This includes, but is not limited to, compliance with:
9.7.1 Equal Opportunity and Fair Housing. In accordance with 24 CFR 92.350 and
92.351, no person shall on the ground of race, color, religion, sex, disability, familial
status, national origin, or age be excluded from participation in, be denied the
benefits of, or be subjected to discrimination under any Program activity funded in
whole or in part from HOME funds. In addition, Subrecipient shall develop and
operate the Program in accordance with the requirement contained in 24 CFR 5.105,
including but not limited to the following requirements:
9.7.1.1 The requirements of the Fair Housing Act (42 U.S.C. 3601-19) and
implementing regulations at 24 CFR Part 100; Executive Order 11063, as
amended by Executive Order 12259 (3 CFR 1958 B1963 Comp., P. 652 and
3 CFR 1980 Comp., P. 307) (Equal Opportunity in Housing) and
implementing regulations at 24 CFR Part 107; and of the Civil Rights Act of
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1964 (42 U.S. C. 2000d) (Nondiscrimination in Federally Assisted Programs)
and implementing regulations issued at 24 CFR Part 1;
9.7.1.2 The prohibition against discrimination on the basis of age under the Age
Discrimination Act of 1975 (42 U.S.C. 6101-07) and implementing
Regulations at 24 CFR Part 146;
9.7.1.3 The requirements of Section 504 of the Rehabilitation Act of 1973 (29 U.S.C.
794) and implementing regulations at 24 CFR Part 8;
9.7.1.4 Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C.
1701u) and implementing regulations at 24 CFR part 135;
9.7.1.5 The requirements of Executive Order 11246, as amended by Executive
Orders 11375, 11478, 12086, and 12107 (3 CFR 1964-65, Comp., p. 339)
(Equal Employment Opportunity) and the implementing regulations issued
at 41 CFR Chapter 60;
9.7.1.6 The requirements of 24 CFR 92.351, 2 CFR 200.321, Executive Orders
11625, as amended, and 12432 (concerning Minority Business Enterprise),
and 12138, as amended (concerning Women’s Business Enterprise); and
9.7.1.7 The requirements of 24 CFR 5.105(a)(2) requiring that HUD-assisted
housing be made available without regard to actual or perceived sexual
orientation, gender identity, or marital status and prohibiting subrecipients,
owners, developers, or their agents from inquiring about the sexual
orientation or gender identity of an applicant for, or occupant of, HUD-
assisted housing for the purpose of determining eligibility for the housing or
otherwise making such housing available. This prohibition on inquiries
regarding sexual orientation or gender identity does not prohibit any
individual from voluntarily self-identifying sexual orientation or gender
identity.
9.7.2 Lobbying Disclosure Requirements. In accordance with the requirements of 24 CFR
Part 87, the Subrecipient certifies, to the best of its knowledge and belief, that:
9.7.2.1 No Federal appropriated funds have been paid or will be paid, by or on
behalf of the undersigned, to any person for influencing or attempting to
influence an officer or employee of an agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress
in connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement;
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9.7.2.2 If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement, the Subrecipient
shall complete and submit Standard Form-LLL, “Disclosure Form to Report
Lobbying,” in accordance with its instructions;
9.7.2.3 The Subrecipient shall require that the language of this certification be
included in the award documents for all subawards at all tiers (including
subcontracts, subgrants, and contracts under grants, loans, and cooperative
agreements) and that all such lower-tier parties shall certify and disclose
accordingly; and
9.7.2.4 Subrecipient acknowledges that this certification is a material representation
of fact upon which reliance was placed when this transaction was made or
entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by section 1352, title 31, U.S. Code.
Any person who fails to file the required certification shall be subject to a
civil penalty of not less than $10,000 and not more than $100,000 for each
such failure.
9.7.3 Drug-Free Workplace. The Drug-Free Workplace requirements of 2 CFR part
24.29, as stipulated in Exhibit G.
9.7.4 Debarred or Suspended Entities. By signing this Agreement, Subrecipient certifies
that it is not presently listed by any federal agency as debarred, suspended, or
proposed for debarment from any federal contract activity. If during the term of
this Agreement this information changes, Subrecipient shall notify City within three
(3) business days by providing written notice to the City. Such notice shall contain
all relevant particulars of any debarment, suspension, or proposed debarment.
Further, in carrying out its responsibilities hereunder, Subrecipient will not employ,
contract with, or otherwise make use of subcontractors, service providers,
consultants, or any other party that is debarred, suspended, or proposed for
debarment from any federal contract activity.
9.7.5 Environmental Review. While the City is responsible for environmental reviews and
determinations under this Agreement, Subrecipient will cooperate and assist in
documenting the environmental status of each assisted unit, including but not
limited to the initial preparation of an Environmental Review for Activity/Project
that is Exempt or Categorically Excluded Not Subject to Section 58.5 checklist. In
no case will Subrecipient execute a Rental Assistance Contract with respect to a
specific unit to be assisted without notification from the City that the program is
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either exempt from environmental review or that needed reviews have been
completed.
9.7.6 Lead Based Paint. Subrecipient will ensure that all assisted units in properties which
were originally constructed prior to 1978 pass a visual assessment pursuant to the
requirements of 24 CFR 35.
9.7.7 Conflict of Interest. Pursuant to 24 CFR 92.356, no employee, agent, consultant,
officer, or elected official or appointed official of the City or the Subrecipient,
individually known as a “Covered Person,” that exercises or has exercised any
functions or responsibilities with respect to HOME-assisted activities, or who are in
a position to participate in a decision-making process or gain inside information with
regard to HOME-assisted activities, is eligible to receive HOME assistance under
the Program or to have a financial interest or financial benefit in any contract,
subcontract, or other agreement with respect to the HOME-funded activities
contemplated in this Agreement, or the proceeds from such activities. This
provision shall apply to both Covered Persons and those with whom they have
business or immediate family ties, during their tenure with the City or Subrecipient
or for one year thereafter. Immediate family ties include (whether by blood, marriage
or adoption) the spouse, parent (including a stepparent), child (including a stepchild),
brother, sister (including a stepbrother or stepsister), grandparent, grandchild, and
in-laws of a Covered Person.
In the event a Covered Person, or a person with whom the Covered Person has
business or family ties, is otherwise eligible and applies to the Program, Subrecipient
will immediately notify the City. City, in its sole discretion, may pursue an exception
from HUD under the provisions of 24 CFR 92.356(d) to allow participation
notwithstanding the conflict of interest. Only HUD may grant such an exception;
neither the City nor the Subrecipient may grant such an exception on its own.
Moreover, the City and Subrecipient shall comply with the conflict of interest
requirements in 2 CFR 200.317 and 2 CFR 200.318 in the procurement of property
and services.
9.7.8 Consultant Activities. Subrecipient will comply with the reasonable rate of
compensation requirements in accordance with 24 CFR 92.358.
9.7.9 Faith-based organizations. Faith-based organizations are eligible to participate in the
HOME program on the same basis as any other organization but must comply with
the requirements of 24 CFR 5.109.
9.7.10 VAWA Regulations. The City and Subrecipient both acknowledge and agree that
each are subject to the requirements of 24 CFR 92.359 and 24 CFR 5, Subpart L,
which implements provisions of the Violence Against Women Reauthorization Act
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of 2013 (VAWA). Subrecipient also agrees to follow and implement the applicable
VAWA requirements contained in the Program Guidelines and the City’s VAWA
Emergency Transfer Plan, as provided in Exhibit G and required by 24 CFR
92.359(g), for all applicants to the Program, and all TBRA recipients for the period
that tenant-based rental assistance is provided. Moreover, the Subrecipient agrees
that all leases that are approved by the Subrecipient shall contain the City’s required
VAWA lease term/addendum, as provided for in Exhibit F of this Agreement.
9.7.11 Recordkeeping. Subrecipient shall maintain detailed records of all its activities under
this Agreement, including records on all persons served pursuant to this Agreement
and all required Program records applicable to TBRA assistance that are described
in 24 CFR 92.508. Representatives of the City, HUD (including HUD’s Office of
Inspector General), the Comptroller General of the United States (aka the U.S.
Government Accountability Office or “GAO”), or their designees may examine any
records or information accumulated pursuant to this Agreement. All confidential
information shall be treated as such by all aforementioned City, HUD, or GAO
representatives or designees. Subrecipient will maintain administrative and financial
records as required by 24 CFR 92.508, applicable to the activities to be carried out
under this Agreement, including but not necessarily limited to:
9.7.11.1 General Administrative and Financial Records
a) Information about contractors, vendors, and other service providers to
include, but not necessarily be limited to, verification of non-debarment
and suspension, verification of qualifications and experience, legally
binding contracts and agreements, invoices and payment records, and
related correspondence (see 24 CFR Part 24 and 2 CFR part 2424);
b) Financial information including, but not necessarily limited to, audits
and related correspondence, accounting and financial records, indirect
cost analyses, and internal controls and reconciliations;
c) Financial records identifying the source and use of funds for each
person assisted under the Program pursuant to this Agreement, as well
as well as underlying documentation (e.g. timesheet records,
invoices/receipts, proof of payment, etc.) for all costs charged to
HOME;
d) Records demonstrating compliance with the Uniform Administrative
Requirements of 2 CFR 200, as applicable;
9.7.11.2 TBRA Recipient Records. TBRA recipient records in accordance with 24
CFR 92.508(a)(3) that demonstrate that each HOME-assisted tenant met
the requirements of the HOME program, including but not limited to:
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a) Full descriptions of each tenant or family assisted with Program funds,
including the location (address of each unit) and the form of TBRA
assistance (e.g., rental assistance, utility assistance, etc.);
b) The source and application of funds for each TBRA recipient,
including supporting documentation in accordance with 2 CFR
200.302; and records to document the eligibility and permissibility of
the TBRA recipient’s costs;
c) Records, consistent with the Program Guidelines, demonstrating that
each TBRA-assisted unit meets the Program’s property standards;
d) Records demonstrating that each assisted tenant or family is income
eligible in accordance with 24 CFR 92.203;
e) Copies of all Rental Assistance Contracts with Addenda between the
Subrecipient and TBRA recipients and their property owners.
9.7.11.3 Records of Other Federal Requirements. Other records that include
documentation of compliance with other federal requirements in
accordance with 24 CFR 92.508 that includes the following requirements
to the extent applicable to the Program:
a) Documentation of Subrecipient’s efforts to affirmatively further fair
housing, including both marketing efforts and records on the extent to
which each racial and ethnic group and single-headed households (by
gender of household head) applied for, participated in, or benefited
from the Program;
b) Records concerning lead-based paint in accordance with 24 CFR Part
35;
c) Records related to compliance with the VAWA provisions of 24 CFR
92.359, including but not limited to evidence proper notices were
provided to applicants and TBRA recipients and summaries of
requests for VAWA protections and actions taken;
d) Records supporting any requests for exceptions to the conflict of
interest provisions in accordance with 24 CFR 92.356;
e) Records required by the April 2020 TBRA Memo for the waivers and
suspensions used by the Program.
9.7.12 Records Retention. All Program records shall be maintained by the Subrecipient for
a minimum of six (6) years beyond the final payment under this Agreement.
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Notwithstanding, if there are litigation, claims, audits, negotiations or other actions
that involve any of the records cited and that have commenced before the expiration
of the retention periods outlined, such records must be retained until completion of
the actions and resolution of all issues, or the expiration of the retention period,
whichever occurs later.
9.7.13 Reporting Requirements. The Subrecipient agrees to submit any and all reports
required by the City or HUD within 30 days of the City or HUD’s request. The
Subrecipient will provide updates on Program implementation to the City on a
monthly basis. Using forms provided by the City, such reports may be submitted
either in hard-copy or electronically, and will include information on the marketing
and startup of the Program, number of applications received, challenges or concerns
about implementation, and estimates of the timing of upcoming commitments and
expenditures of HOME funds. The City reserves the right to unilaterally alter,
supplement, or otherwise modify the frequency, content, or form of delivery of
required reports as needed to maintain adequate oversight of the Program, address
changes to HOME regulations, or to address findings related to noncompliance by
the Subrecipient.
10. DEFAULT, REMEDIES, AND TERMINATION
10.1
Default. The following are considered a default by the Subrecipient under this
Agreement:
10.1.1 Subrecipient fails, in any manner, to fully perform and carry out any of the
terms, covenants, and conditions of this Agreement;
10.1.2 Subrecipient refuses or fails to proceed with the work and tasks
contemplated in this Agreement in accordance with such diligence as will
ensure their completion within the time fixed by the schedule set forth in
this agreement;
10.1.3 Material
noncompliance
with
any
applicable
HOME
regulatory
requirements in 24 CFR part 92 or any other applicable federal requirements;
or any applicable State or local law, regulation, ordinance, or requirement
related to the Program; and
10.1.4 Dissolution or other termination of existence; insolvency; forfeiture of right
to do business in the State of Arizona; or business failure; appointment of a
receiver of any part of the Subrecipient’s property; the calling of any
meetings of, or the assignment for the benefit of, creditors of the
Subrecipient; or the commencement of any proceedings under any
bankruptcy or insolvency laws by or against the Subrecipient which are not
dismissed within 60 days.
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10.2
Remedies. In the event of default by Subrecipient hereunder, which is not cured
within 10 days of the mailing of written notice by the City as described in Section
11, the City may seek any combination of the following remedies:
10.2.1 Suspend payments under this Agreement pending the correction of a default
or deficiency;
10.2.2 Disallow part or all of any of the Program or cost hereunder which is not in
compliance with this Agreement, the Program Guidelines, applicable federal
requirements, or HOME regulations;
10.2.3 Suspend, in whole or part, this Agreement pending correction; or, following
any cure period provided by the City, terminate this Agreement for cause as
provided in 2 CFR 200.339;
10.2.4 Recommend to HUD that it initiate suspension or debarment proceedings
as authorized under 2 CFR Part 180;
10.2.5 Take any other action available under 2 CFR 200.338;
10.2.6 Require the repayment of previously disbursed HOME funds for questioned
costs;
10.2.7 Require Subrecipient to participate in training or technical assistance; and
10.2.8 Make use of any other remedies that may be legally available to the City.
10.3
Termination for Convenience. In addition to any termination for cause provided
herein, this Agreement may be terminated for convenience by the City upon 10 days
written notice. In the event of termination under this section, Subrecipient shall
suspend the collection of applications and execution of additional Rental Assistance
Contracts following receipt of such notice. Subrecipient shall further provide final
reporting and a final request for reimbursement within 60 days of any termination
under this section. Subrecipient will have no claim of payment or claim of benefit
for any cancelled activities undertaken under this Agreement and shall not be entitled
to, and hereby waives, all claims for lost profits and all other damages and expenses.
11. Notice. Except in the case of a notice of default, which must be delivered via mail or delivery
service, the City may issue written notices as required or anticipated herein to the Subrecipient
via email, facsimile, mail, delivery service, or in person as may be appropriate. Notices
delivered via electronic means or in person will be deemed delivered on the same day. Notices
delivered via mail or delivery service shall be deemed delivered three (3) days after being placed
in the United States mail or delivery service, postage pre-paid, addressed to the Subrecipient
as follows:
Page 14 of 64
A New Leaf
868 E. University Drive
Mesa, Arizona 85203-8033
Notices due the City shall be in writing and may be delivered via email, facsimile, mail, delivery
service, or in person as may be appropriate. Notwithstanding, a notice of default to the City
must be delivered via certified mail with return receipt requested and shall be deemed delivered
upon signature of a City representative. Notices to the City should be addressed as follows:
City Manager
City of Glendale
5850 West Glendale Avenue
Glendale, Arizona 85301
With a copy to:
Community Revitalization
City of Glendale
5850 West Glendale Avenue
Glendale, Arizona 85301
City Attorney
City of Glendale
5850 West Glendale Avenue
Glendale, Arizona 85301
12. City Liability. The City shall have no liability except as specifically provided in this Agreement.
The City, by execution of this Agreement, assumes no liability for damages caused to persons
or property by reason of Subrecipient providing goods or services herein or for injury to any
employee, agent or subcontractor of the Subrecipient performing under this Agreement.
13. Indemnification. Subrecipient shall indemnify and save and hold City, and its successors or
assigns, harmless from and against any negligent claims, liabilities, losses and causes of action
which may arise out of Subrecipient’s activities under this Agreement, including all other acts
or omissions to act on the part of Subrecipient, including any person acting for or on its behalf,
and, from and against any orders, judgments, or decrees which may be entered and from and
against all costs, attorneys fees, expenses and liabilities incurred in the defense of any such
claims, or in the investigation thereof. Subrecipient’s indemnity shall not expire with the
expiration or termination of this agreement but will continue indefinitely.
14. Insurance. Throughout the term of this Agreement, Subrecipient must maintain general
liability ($1,000,000 per occurrence and $3,000,000 in aggregate) and automobile liability
insurance ($1,000,00 per accident), and errors and omissions insurance ($10,000). The City
must be listed as an additional insured party on each of the required insurance policies with at
Page 15 of 64
least 30 days’ notice prior to expiration. Subrecipient must also maintain workers
compensation coverage in an amount specified by state law.
15. Independence of Subrecipient. Nothing in this Agreement shall be deemed or construed to
represent that Subrecipient, or any of Subrecipient’s employees or agents, are the agents,
representatives, or employees of the City. Subrecipient acknowledges that it is an independent
contractor in its performance under this Agreement. Anything in this Agreement that
provides the City with the right to direct Subrecipient in its performance of its obligations
under this Agreement is solely for purposes of compliance with local, state, and federal
regulations.
16. Assignment. This Agreement is binding on the City and Subrecipient, and their respective
successors and assigns. Subrecipient shall not assign or transfer its interest in this Agreement
without the prior written approval of City which shall be in the City’s sole and exclusive
discretion.
17. Amendments. This Agreement may be modified or amended only if the amendment is made
in writing and is signed by both parties. Notwithstanding, in the event that (i) HUD imposes
new or modified requirements in the HOME Program through regulation, administrative
notice, publication, or other notice, or (ii) HUD specifically identifies violations of HOME
program requirements pertaining to this Agreement or the Program undertaken hereunder,
Subrecipient agrees to comply with any new or modified requirements to ensure this
Agreement and the activities hereunder remain in or are brought into compliance with such
requirements. The City shall provide prompt notice to the Subrecipient of any such
modifications. Subrecipient further agrees to execute an amendment to modify the terms of
this Agreement in such manner as necessary to formally reflect and implement new HOME
requirements or correct identified deficiencies.
18. Interpretation. This Agreement is the sole agreement between the two parties, and no prior
or subsequent discussions, negotiations, or agreements, whether verbally or in writing, shall
be merged with this Agreement. Any question or dispute regarding the interpretation of the
terms of this Agreement shall be decided by the City. The City’s decision on any dispute under
this Agreement, which shall be furnished in a manner of their choosing, shall be final and
binding. In the event of a conflict between this Agreement, the Program Guidelines, and/or
other regulatory requirements, the regulatory requirements control and the City reserves the
right to resolve the conflict and determine the Subrecipient’s compliance with such provisions.
19. Applicable Law. This Agreement shall be construed and interpreted in accordance with
Arizona law. In the event of legal action resulting from a dispute hereunder, the parties agree
that the State and federal courts of the State of Arizona shall have jurisdiction and that the
proper forum for such action shall be in Glendale, Arizona.
20. Headings & Pronouns. The headings in this Agreement are for convenience only and do not
affect the meanings or interpretation of the contents. Where appropriate, all personal
Page 16 of 64
pronouns used herein, whether used in the masculine, feminine, or neutral gender, shall
include all other genders, and singular nouns used herein shall include the plural and vice versa.
21. Severability. If any provision of this Agreement shall be held to be invalid or unenforceable
for any reason, the remaining provisions shall continue to be valid and enforceable. If a court
finds that any provision of this Agreement is invalid or unenforceable, but that by limiting
such provision it would become valid and enforceable, then such provision shall be deemed
to be written, construed, and enforced as so limited.
Page 17 of 64
IN WITNESS WHEREOF, all parties concerned acknowledge that they have read, understand,
approve, and accept all of the provisions of this Agreement.
City OF GLENDALE, an Arizona
municipal corporation
Kevin R. Phelps
City Manager
ATTEST:
Julie Bower
City Clerk
(SEAL)
APPROVED AS TO FORM:
Michael D. Bailey
City Attorney
A New Leaf
an Arizona non-profit corporation
By:
Its:
STATE OF ARIZONA
)
) ss.
County of Maricopa
)
On this the ____day of ________, 20___, before me, the undersigned Notary Public, personally
appeared _____________________, who acknowledged himself/ herself to be the __________of A
New Leaf, Inc., and that (s)he as such official, being authorized to do so, executed the foregoing
Subrecipient Agreement for and on behalf of the said company for the purpose and consideration
therein expressed.
IN WITNESS WHEREOF,
I hereunto set my hand and official seal.
_______________________________
Notary Public
My Commission Expires:
______________________
Page 18 of 64
Exhibits. The following exhibits, with reference to the term in which they are first referenced, are
incorporated by this reference.
Exhibit A
Program Scope of Work
Exhibit B
Program Budget
Exhibit C
Match Commitment
Exhibit D
Rental Assistance Contract
Exhibit E
Lease Addendum
Exhibit F
VAWA Lease Addendum
Exhibit G
VAWA Emergency Transfer Plan
Exhibit H
Certifications
Exhibit I
Federal Laws and Regulations
Exhibit J
Additional Requirements
Exhibit K
Insurance
Exhibit L
Subrecipient RSOQ Submission
Page 19 of 64
EXHIBIT A
Program Scope of Work
1. Program Summary. The City has awarded Subrecipient $1,256,694.00 in HOME Program
funds to develop and operate a Tenant-Based Rental Assistance Program. The Program will
provide housing-ready homeless individuals and families with short- and medium-term rental
housing vouchers to secure safe, decent and sanitary housing, as well as utility and deposit
assistance. To maximize long-term household stability, the Subrecipient will complete an
individualized initial needs assessment with each household and develop a strategy for long-
term self-sufficiency. These individual strategies will review each household’s current and
long-term financial and housing needs and coordinate necessary case management services to
achieve self-sufficiency goals. The Subrecipient will also coordinate with staff at Glendale
Community College to identify potential program applicants coordinate services.
2. Program Deliverables: Subrecipient will issue a minimum of 50 TBRA vouchers to HOME-
qualified households that qualify as homeless within the definitions of homelessness under
Subtitle VII-B of the McKinney-Vento Homeless Assistance Act. Subrecipient will also
develop and implement a long-term sustainability plan for each household assisted under this
program and coordinate case management services identified in each plan to maximize tenant
self-sufficiency.
3. Program Guidelines. Development and implementation of the Program requires that the
Subrecipient provide Program Guidelines to the City for approval prior to commencement of
work. Program Guidelines may be developed specifically for the City’s Program or may be
modified from an existing TBRA program operated by the Subrecipient. Subrecipient will
ensure that the Program Guidelines address all relevant HOME Program requirements and
fulfill the City’s required outcomes per the RSOQ. Processes and procedures to be addressed
in the Program Guidelines include but are not limited to the following:
a. Marketing and Outreach, including development of an Affirmative Marketing Plan in
conformance with 24 CFR 92;
b. Applicant intake and eligibility processing, including all forms and documents
necessary to qualify applicants;
c. Client wraparound services needs assessments and coordination of case management,
including with Glendale Community College and other service providers identified in
the Subrecipient’s proposal;
d. Facilitation of the Rental Assistance Contract (with Addenda) between tenants and
owners;
e. Housing navigation, including establishing criteria for unit selection based on location,
access to services and employment, transportation needs and any other criteria that
will help clients maintain long-term housing and further the goals of the tenant’s
sustainability plan;
f. Calculation and documentation of rent reasonableness and utility allowances;
g. Completion of HQS inspections and resolution of failed items, including lead-based
paint;
Page 20 of 64
h. Annual recertifications and re-inspections (as applicable);
i. Financial management
j. Reporting and records management, including documentation of all relevant
beneficiary demographic and financial data required to complete the City’s
Consolidated Annual Performance and Evaluation Report (CAPER).
4. Geographical Distribution of Funding. assisted households will be housed within the
borders of Maricopa County, Arizona, irrespective of municipal boundaries. Subrecipient will
specify in the Program Guidelines the criteria used to select a unit location.
5. Budget. The City is providing $1,256,694.00 of the total budget. Subrecipient is responsible
for obtaining the remainder of Program funds from other sources not connected with the
City. Any cost overruns will be paid with Subrecipient funds.
6. COVID-19 HOME Waivers. HUD issued two memoranda revising HOME program
requirements on April 10, 2020: 1. Suspensions and Waivers to Facilitate Use of HOME-Assisted
Tenant-Based Rental Assistance (TBRA) for Emergency and Short-term Assistance in Response to
COVID-19 Pandemic, and 2. Availability of Waivers and Suspensions of the HOME Program
Requirements in Response to COVID-19 Pandemic.
The only waiver available to the Subrecipient in the implementation of this Program is partial
relief from HOME match, whereby HOME funds expended prior to September 30, 2021
will not require the usual 25% match. All funds expended after this date will require a 25%
match to be provided by Subrecipient per the match commitment in Exhibit C.
7. HOME Match: The Subrecipient will match the HOME Program funds provided in the
amount not to exceed $250,000 with the remaining match obligation provided by the City.
Eligible sources of HOME match can be found at 24 CFR 92.220.
EXHIBIT B
Program Budget
Funding Source
Total Program
Glendale HOME Funding:
$1,256,694
Other Federal Funding (specify):
$0
State Funding (specify): DES; ADOH
$116,878
Other Municipal Funding (specify):
$0
Charitable donations (specify):
$0
Foundation and Corporate Support/Grants (specify):
$0
Volunteer In-Kind Contributions (specify):
$0
Other Funding (specify):
$0
Total:
$1,373,572
Expenses
Glendale
HOME
Activity funds
Glendale
HOME
Administrative
funds
Non-
Glendale
Funds
Total
Program
Budget
Personnel Costs
Wages/Salaries
$
$12,000
$84,000
$96,000
Benefits/EREs
$
$3,000
$21,000
$24,000
Equipment
$
$1,500
$
$1,500
Phone/Internet
$
$6,000
$
$6,000
Gas/Mileage
$
$8,000
$
$8,000
HQS inspections
$
$
$
$
Direct Assistance
Rent
$905,538
$
$
$905,538
Rental Deposits
$75,000
$
$
$75,000
Utility Payment
$78,049
$
$
$78,049
Utility Deposits
$17,307
$
$
$17,307
Housing Navigation Costs (i.e.
rental application fees, credit
reports, etc., and not including
payroll costs)
$
$
$
$
Other Expenses (specify):
1. HOM, Inc.
2. Other Administrative Expenses
3.
4.
$130,800
$
$
$
$
$19,500
$
$
$
$11,878
$
$
$130,800
$31,378
$
$
TOTAL:
$1,206,694
$50,000
$116,878
$1,373,572
2
Exhibit C
Match Contribution
3
Exhibit D
Glendale TBRA Rental Assistance Contract
This Tenant Based Rental Assistance Contract (the “Contract”) is entered into between the “Program
Administrator”, the “Owner”, and the “Tenant” as of the “Contract Start Date” as such terms are
identified in Exhibit A, Project Specific Information, attached to and incorporated within this
Contract.
SECTION 1 – OVERVIEW
This Contract outlines the roles, responsibilities, and obligations of the Program Administrator,
Owner, and Tenant under the Glendale Tenant Based Rental Assistance (“TBRA”) Program (the
“Program”), as described herein, funded by the City of Glendale (the “City”), which is a member of
the Maricopa HOME Consortium with Maricopa County as the lead agency and participating
jurisdiction under the HOME Investment Partnerships Program (“HOME”) administered by the
United States Department of Housing and Urban Development (“HUD”) pursuant to 24 CFR part
92.
The purpose of the Program is to provide temporary housing assistance to households that are
experiencing or at-risk of homelessness in the City of Glendale. This assistance will include providing
a portion of monthly rent, security and rental deposits and an allowance for utilities. Additionally, the
program will provide case management services to tenants in order to create long-term household
self-sufficiency.
In accordance with the terms of this Contract and Program requirements, the Program Administrator
has approved the leasing of the housing unit identified in Exhibit A (the “Unit”) and will make a
Rental Assistance Payment each month to the Owner for the Unit. Under the Program, the Tenant
will reside in the Unit according to the terms and conditions of the lease, included as Exhibit B (the
“Lease”) and this Contract. The Owner has leased the unit to the Tenant and will continue to lease
the Unit to the Tenant for occupancy with assistance under the Program, according to the terms and
conditions of the Lease and this Contract.
SECTION 2 – TERM OF THIS CONTRACT
The term of this Contract commences on the Contract Start Date and ends on the earliest of (i) the
“Contract End Date” identified in Exhibit A, (ii) the date upon which the Lease expires or is
terminated, or (iii) the date upon which this Contract is terminated by the Program Administrator as
a result of default by the Owner or Tenant.
SECTION 3 – HOME ASSISTANCE TO BE PROVIDED
The right of either the Owner or Tenant to receive TBRA Program assistance under this Contract is,
at all times, subject to each party’s compliance with this Contract’s terms and requirements.
3.1 Rental Assistance Payment
4
The rent due each month to the Owner under the Lease is identified in Exhibit A (the “Contract
Rent”). The Owner shall not increase the Contract Rent during the term of this Contract.
The Program Administrator will provide a monthly “Rental Assistance Payment” in the amount
identified in Exhibit A to the Owner on behalf of the Tenant. The Rental Assistance Payment will be
credited against the Contract Rent otherwise due under the Lease.
The Tenant is responsible to the Owner for the “Tenant Contribution” identified in Exhibit A and
any additional amounts due under the Lease not covered by the Rental Assistance Payment. Neither
the Program Administrator nor the PJ assumes any obligation for the Tenant Contribution due
monthly to the Owner, or the payment of any claim by the Owner against the Tenant. The Program
Administrator's Rental Assistance Payment obligation is limited to making payment in the amount
identified in Exhibit A on behalf of the Tenant to the Owner in accordance with this Contract.
3.2 Utility Assistance Payment
The Program Administrator will provide a monthly “Utility Assistance Payment” in the amount
identified in Exhibit A directly to the Tenant to assist with the payment of eligible utility payments
which are otherwise the responsibility of the Tenant under the terms of the Lease. To obtain such
payments, the Tenant must, upon receipt, provide copies of each applicable monthly bill to the
Program Administrator. Program Administrator will only pay utility bills related to the provision of
unit electricity, fuel (e.g. natural gas, fuel oil, etc.), and water/sewer charges billed by the utility service
provider or by the Owner, if otherwise provided for in the Lease in the case of sub-metered utilities.
3.3 Deposits
The Program Administrator will provide a rental security deposit up to the value of two month’s rent,
as well as utility deposits as required by the utility company. At the termination of the lease, all unused
security and utility deposit funds will be returned to the Tenant in the form of a grant.
SECTION 4 – OWNER REQUIREMENTS
4.1 Owner Certification. During the term of this Contract, the Owner certifies that:
a) The Owner will, at all times, maintain the Unit and premises, including common areas
accessible to the Tenant, in decent, safe, and sanitary condition and compliant with
applicable state or local codes and rental housing requirements; and
b) The Owner will comply in all material respects with this Contract; and
c) The Unit is leased to and, to the best of the Owner’s knowledge, is occupied by the Tenant;
and,
d) Owner has taken no action and will not take any action to terminate the Lease and cause the
Tenant to vacate the Unit without providing written notice of such action to the Tenant and
the Program Administrator; and
e) Other than the Tenant’s Contribution, the Owner has not received and will not receive any
payments or other consideration (from the Tenant, HUD, or any other public or private
source) for rental of the Unit during the Term of this Contract except as identified in
Exhibit A; and
5
f) To the best of the Owner’s knowledge, the Unit is used solely as the Tenant’s principal place
of residence; and
g) The Tenant does not own or have any interest in the Unit; and
h) The Owner (including a principal or other interested party) is not the parent, child,
grandparent, grandchild, sister, or brother of any member of the family of the Tenant, unless
the Program Administrator has determined (and has notified the Owner and the Tenant of
such determination) that approving rental of the unit, notwithstanding such relationship,
would provide reasonable accommodation for a family member who is a person with
disabilities.
4.2 Rental Assistance Payments and Overpayment
The right of the Owner to receive payments under this Contract shall be subject to compliance with
this Contract’s provisions. The Owner agrees that, absent written notice to the Program
Administrator and return of the Rental Assistance Payment, acceptance of the Rental Assistance
Payment shall be conclusive evidence that the Owner received the full amount due for the month.
Throughout the term of this Contract, Owner agrees to waive any late fees associated with the Rental
Assistance Payment, provided that such payment is issued by the Program Administrator by the
day of each month.
If the Program Administrator determines that the Owner was not entitled to any payments received,
in addition to other remedies, the Program Administrator may deduct the amount of the overpayment
from any subsequent amounts due the Owner or require Owner to refund any overpayment to the
Program Administrator.
4.3 Property Standards
Owner must maintain the Unit, and any common areas of the property accessible to the Tenant under
the Lease, in decent, safe and sanitary condition and comply with all applicable state or local codes
and requirements for rental properties.
Upon notice by the Program Administrator following any inspection (whether conducted in-person
or virtually in accordance with the Program guidelines), Owner will promptly correct any violations
of Program requirements and this Contract. If the Owner fails to correct such violations, the Program
Administrator may terminate this Contract and the Rental Assistance Payment even if the Tenant
continues occupancy under the Lease.
4.4 Lead Based Paint
In accordance with 24 CFR 92.355, Owner will incorporate ongoing lead-based paint maintenance
activities into regular building operations and will maintain all painted surfaces in the Unit and
common areas accessible by the Tenant, conduct visual assessment of painted surfaces at least
annually, and stabilize deteriorated paint following safe work practices.
4.5 Prohibition of Discrimination.
6
In accordance with applicable equal opportunity statutes, Executive Orders, and regulations:
a) The Owner must not discriminate against any person because of race, color, religion, sex,
national origin, age, familial status, or disability in connection with this Contract. Eligibility
for HUD’s programs, including this Program, must be made without regard to actual or
perceived sexual orientation, gender identity, or marital status; and
b) The Owner must cooperate with the Program Administrator and HUD in conducting any
equal opportunity compliance reviews and complaint investigations in connection with this
Contract; and
c) The Owner must comply with the Violence Against Women Act, as amended, and HUD’s
implementing regulation at 24 CFR part 5, Subpart L, and HOME Program regulations.
4.6 Inspections, Records, and Cooperation
The Owner agrees to provide any information pertinent to this Contract which the Program
Administrator, PJ, or HUD may reasonably require. Further, upon reasonable notice to the Owner,
Owner agrees to provide access to the Program Administrator, PJ, HUD, or their representatives to
the Unit, the property on which the Unit is located, and the Owner’s records (wherever located)
relevant to this Contract and compliance with Program requirements. The Owner further agrees to
provide access to such records to the Comptroller General of the United States (commonly known as
the Government Accountability Office or “GAO”). The Owner must grant access to relevant
computerized or other electronic records and to any computers, equipment, or facilities containing
such records, and must provide any information or assistance needed to access the records. Such
rights to inspect and review will not expire until five (5) years after the date of expiration or termination
of this Contract.
SECTION 5 – TENANT REQUIREMENTS
5.1 Tenant Certification and Representations. During the term of this Contract, Tenant hereby
certifies that:
a) Tenant has truthfully and fully disclosed all information required by the Program
Administrator in Tenant’s application for assistance, including but not limited to disclosure
of all household income; and
b) Tenant has received a copy of the Program’s Notice of Occupancy Rights under the
Violence Against Women Act (VAWA); and
c) The Unit is the Tenant’s primary place of residence; and
d) Other than the Rental Assistance Payment, the Tenant has not received and will not receive
any payments or other consideration (from a federal agency or any other public or private
source) for rental of the Unit during the Term of this Contract other than those disclosed to
the Program Administrator in the application for assistance or as otherwise required herein;
and
e) Tenant has not and will not sublet the Unit, allowed undisclosed persons to occupy the Unit
as part of the Tenant’s household; and
f) The Tenant does not own or have any interest in the Unit; and,
g) The Tenant (including a principal or interested party) is not the parent, child, grandparent,
grandchild, sister, or brother of any member of the Owner’s family, unless the Program
7
Administrator has determined (and has notified the Owner and the Tenant of such
determination) that approving assistance to the Tenant, notwithstanding such relationship,
would provide reasonable accommodation for a family member who is a person with
disabilities; and
h) As of the date of this Contract, the Tenant’s household occupying the unit includes the
following members:
Name (First, M., Last)
Party to Lease Minor/Under
18
5.2 Tenant Obligations
During the term of this Contract, Tenant will:
a) Promptly pay, when due, any portion of the Contract Rent (or other fees due to the Owner
under the Lease) not paid by the Rental Assistance Payment; and
b) Comply with the Lease in all material respects; and
c) Promptly notify the Program Administrator of (i) any intention to terminate the Lease
and/or vacate the Unit or (ii) the presence of any physical deficiencies in the Unit that
present an immediate danger to health and safety (e.g. electrical shorts, gas leaks, etc.) that
have not been addressed by the Owner; and
d) Pursuant to the Lease and the Contract, provide access to the Unit to the Program
Administrator, PJ, HUD, or their authorized representatives for the purpose of conducting
inspections; and
e) Provide such information or documentation required by the Program Administrator, PJ, or
HUD to determine compliance with this Contract, Program requirements, or other
applicable federal laws and regulations; and
f) Provide prompt notice to the Program Administrator of the anticipated receipt of other
rental assistance from any other source whether public or private, including but not limited
to the Section 8 Housing Choice Voucher Program.
SECTION 6 – PROGRAM ADMINISTRATOR ROLE
The Program Administrator will (i) determine Tenant and Owner’s eligibility for participation in the
Program, (ii) monitor Tenant and Owner’s compliance with the terms of this Contract, the Program,
and HOME regulations, and (iii) provide HOME Assistance to or on behalf of the Tenant as described
herein.
8
The Program Administrator does not assume any responsibility for, or liability to, any person injured
as a result of either the Owner or Tenant’s action or failure to act in connection with the
implementation of this Contract or as a result of any other action or failure to act by either the Owner
or Tenant.
The Owner is not the agent of the Program Administrator and this Contract does not create or affect
any relationship between the Program Administrator and any lender to the Owner, or any suppliers,
vendors, employees, contractors, or subcontractors used by the Owner in connection with this
Contract.
The Program Administrator does not guarantee and is in no way responsible to the Owner for
Tenant’s performance under the Lease or for any damages of any sort caused by the Tenant’s action
or failure to act under the Lease.
Nothing in this Contract shall be construed as creating any right of:
a) The Tenant to enforce this Contract against the Owner; or
b) The Owner to enforce this Contract against the Tenant; or
c) For either the Owner or Tenant to make any claim against HUD or PJ; or
d) For either Owner or Tenant to make any claim against the Program Administrator other
than for the payment of the Rental Assistance Payment due under this Contract.
Other than any rights claimed by HUD to pursue claims, damages, or suits of any sort, nothing in this
Contract will be construed to give any third party a right to pursue any claims against HUD, PJ, or the
Program Administrator under this Contract.
SECTION 7 – MODIFICATIONS TO LEASE
Notwithstanding any other provisions in the Lease, during the term of this Contract Owner and
Tenant mutually agree that:
a) Termination of Tenancy. Any termination of the lease must also comply with all applicable
state or local laws, ordinances, regulations, or similar requirements, including as may be
applicable emergency orders restricting evictions during declared emergencies or disasters;
and
b) Lease Addenda. 1. The Glendale HOME TBRA Lease Addendum; and 2. The protections
and requirements outlined in Exhibit F below pertaining to the Violence Against Women
Act (VAWA) and its associated regulations are both hereby incorporated into the lease.
SECTION 8 – DEFAULT AND ENFORCEMENT
8.1 Default.
Any of the following will be deemed a default under this Contract:
a) Any violation of this Contract by the Tenant or Owner; or
9
b) A determination by the Program Administrator that the Tenant or Owner has committed
fraud or made a false or materially incomplete statement in connection with the Program or
this Contract, or has committed fraud or made any false statement in connection with any
federal housing assistance program; or
c) Any fraud, bribery, or any other corrupt or criminal act by a party to this Contract in
connection with any Federal Housing assistance program; or
d) Any determination, in the sole and exclusive judgement of the Program Administrator, that
either Tenant or Owner has materially violated the terms of the Lease.
8.2 Enforcement
In the event of a default, the Program Administrator will notify the defaulting party in writing,
specifying the nature of the default, required corrective actions, and the deadline for correction. In
the event the defaulting party does not cure the default within the time period provided, as may be
appropriate based on the defaulting party and nature of the default, Program Administrator may:
a) Terminate the Owner’s or Tenant’s participation in the Program and cancel future payments
to or on behalf of the Tenant; or
b) Withhold payments to the Owner or Tenant (including Utility Assistance Payments
otherwise made on the Tenant’s behalf) until the Owner or Tenant has cured the default; or
c) Require the return of payments related to the default made under this Contract; or
d) Apply to any appropriate court, state or federal, for specific performance, in whole or in
part, of the provisions and requirements contained herein or for an injunction against any
violation of such provisions and requirements; or
e) Apply to any appropriate court, state or federal, for such other relief as may be appropriate
and allowed by law, since the injury to the Tenant or Program Administrator arising from a
default under any of the terms of this Contract would be irreparable and the amount of
damage would be difficult to ascertain.
Any delay by the Program Administrator in exercising any right or remedy provided herein or
otherwise afforded by law or equity shall not be a waiver of or preclude the exercise of such right or
remedy. All such rights and remedies shall be distinct and cumulative and may be exercised singly,
serially (in any order), or concurrently, and as often as the occasion therefore arises.
SECTION 9 – MISCELLANEOUS PROVISIONS
9.1 Conflict of Interest
Pursuant to HOME regulations at 24 CFR 92.356, no employee, agent, consultant, officer, or elected
official or appointed official of the PJ or the Program Administrator, individually known as a “Covered
Person,” that exercises or has exercised any functions or responsibilities with respect to HOME-
assisted activities, or who is in a position to participate in a decision-making process or gain inside
information with regard to HOME-assisted activities, is eligible to receive HOME assistance under
this Program or to have a financial interest in or obtain a financial benefit from any contract,
subcontract, or other agreement with respect to the HOME-funded activities contemplated in this
Contract or the proceeds from such activities. This provision applies to both Covered Persons and
those with whom they have business or immediate family ties, during their tenure with the PJ or
10
Program Administrator and for one year thereafter. Immediate family ties include (whether by blood,
marriage, or adoption) the spouse, parent (including a stepparent), child (including a stepchild),
brother, sister (including a stepbrother or stepsister), grandparent, grandchild, and in-laws of a
Covered Person.
Owner hereby certifies that, to the best of its knowledge and belief, it has no Conflict of Interest
associated with participation in this Program. Owner, including the underlying individual owners if
the Owner is a corporation, partnership, or other such entity, is not a Covered Person or an immediate
family member of a Covered Person and has no business relationships with a Covered Person.
Tenant hereby certifies that, to the best of its knowledge and belief, they have no Conflict of Interest
associated with participation in this Program. Neither Tenant nor another member of the household
is a Covered Person or an immediate family member of a Covered Person and has no business ties
with a Covered Person.
9.2 Assignment
Neither the Owner nor the Tenant may transfer or assign this Contract to any other party without the
prior written approval of the Program Administrator. Any approval of assignment will be in the sole
discretion of the Program Administrator and, if approved, is contingent upon the assignee assuming
all obligations of the assigning party in writing.
If the Owner requests the Program Administrator consent to assign this Contract to a new owner, the
Owner shall supply any information as required by the Program Administrator pertinent to the
proposed assignment.
9.3 Entire Contract, Interpretation, and Amendments
a) The Contract contains the entire agreement between the Owner and Program Administrator
and between the Tenant and Program Administrator.
b) In the event of a question about the meaning or interpretation of any provision,
requirement, or term in this Contract, the Contract shall be interpreted and implemented in
accordance with all Program requirements, statutory requirements, and HUD requirements,
including the HOME program regulations at 24 CFR part 92 and the April 2020 TBRA
Memo. The determination of the Program Administrator, who may seek input from PJ
and/or HUD as appropriate, will be final.
c) No changes or amendments may be made to this Contract except those made in writing and
signed by all parties hereto.
9.4 Headings and Pronouns
The headings of the paragraphs in this Contract are for convenience only and do not affect the
meanings or interpretation of the contents. Where appropriate, all personal pronouns used herein,
whether used in the masculine, feminine or neutral gender, shall include all other genders and singular
nouns used herein shall include the plural and vice versa.
11
IN WITNESS THEREOF, the Tenant, Owner, and Program Administrator have indicated their
acceptance of the terms of this Contract, including the Exhibits hereto, which are incorporated
herein by reference, by their signatures below on the dates indicated.
Owner
__________________________________
Owner/Landlord Representative Signature
Print Name
Date
(mm/dd/yyyy)
Program Administrator
__________________________________
Authorized Representative Signature
Print Name
Date
(mm/dd/yyyy)
Tenant
__________________________________
Signature
Print Name
Date
(mm/dd/yyyy)
Tenant
__________________________________
Signature
Print Name
Date
(mm/dd/yyyy)
Tenant
__________________________________
Signature
Print Name
Date
(mm/dd/yyyy)
12
ADDENDUM 1
PROJECT SPECIFIC INFORMATION
Parties to this Contract
Program
Administrator:
Owner:
Tenant:
Contract Dates
Contract Start Date:
Contract End Date:
Unit & Lease Information
Unit (Address and Unit #):
Lease Start Date:
Lease End Date:
Contract Rent (total due under Lease): $ .00 per month
Rental Assistance
Tenant Contribution: $ .00 per
month
Rental Assistance Payment: $ .00/month
Rental Assistance from Other Programs
Is other rental assistance (e.g. Section 8/State/Local funds) received?
Yes
No
If yes, monthly amount of $ paid to
Tenant or
Owner from (source):
Payment Information
Rent Payable to:
Mailing Address:
Electronic
Payment
Instructions
Financial Institution:
Routing Number:
Account Number
Account Holder Name:
Utility Services
Utility Type
Paid by
Utility Service Provider
13
Tenant
Owner
Electricity
Fuel (e.g. gas)
Water/sewer
Utility Service Assistance
Program will assist with:
(select all that apply)
None
Electricity
Fuel
Water/Sewer
Utility Assistance Payment:
(select one)
Maximum of $ .00 per month (not to exceed actual
payments due)
Program will pay entire utility bill
Deposit Assistance
Program will Assist With: (select all that apply)
Security Deposit:
None/Tenant to Pay
Security deposit of $ .00 (not to exceed two times Contract
Rent)
Utility Deposit(s):
None/Tenant to Pay
Electricity deposit of $ .00
Fuel deposit of $ .00
Water/sewer deposit of
$ .00
14
Exhibit E
GLENDALE TBRA LEASE ADDENDUM
TENANT(S) NAMES
LANDLORD NAME
UNIT NO. & ADDRESS
This lease addendum adds the following paragraphs to the Lease between the Tenant
and Landlord referred to above.
A. Purpose of the Addendum. The lease for the above-referenced unit is being
amended to include the provisions of this addendum because the Tenant has
been approved to receive rental assistance under the [program administrator’s]
HOME Tenant-Based Rental Assistance (TBRA) Program. Under the TBRA
Program, the [program administrator] will make monthly payments to the
Landlord on behalf of the Tenant.
The Lease has been signed by the parties on the condition that the [program
administrator] and Landlord will promptly execute a HOME Rental Assistance
Contract. This Lease shall not become effective unless the Contract has been
executed by both the Landlord and the [program administrator], effective the
first day of the term of the Lease.
B. Conflict with Other Provisions of the Lease. In case of any conflict between
the provisions of this Addendum and other sections of the Lease, the provisions
of this Addendum shall prevail.
C. Terms of the Lease. The term shall begin on and shall continue until:
(1) the Lease is terminated by the Landlord in accordance with applicable state
and local Tenant/Landlord laws; (2) the Lease is terminated by the Tenant in
accordance with the Lease or by mutual agreement during the term of the Lease;
or (3) termination of the HOME Rental Assistance Program Contract by the
[program administrator].
D. Rental Assistance Payment. Each month the Program Administrator will
make a rental assistance payment to the Landlord on behalf of the Tenant. This
payment shall be credited by the Landlord toward the monthly rent payable by
the Tenant. The balance of the monthly rent shall be paid by the Tenant.
E. Security Deposit
(1) The Tenant/Program Administrator has deposited $ with the
Landlord as a Security Deposit. The Landlord will hold this security deposit
during the period the Tenant occupies the dwelling unit under the Lease.
15
The Landlord shall comply with state and local laws regarding interest
payments on security deposits.
(2) After the Tenant has moved from the dwelling unit, the Landlord may,
subject to state and local laws, use the security deposit, including any interest
on the deposit, as reimbursement for rent or any other amounts payable by
the tenant under the Lease. The Landlord will give the Tenant a written list
of all items charged against the security deposit and the amount of each item.
After deducting the amount used as reimbursement to the Landlord, the
Landlord shall promptly refund the full amount of the balance to the
(Tenant/[program administrator]).
F. Utilities and Appliances. The utilities and appliances listed in Column 1 are
provided by the Landlord and included in the rent. The utilities and appliances
listed in Column 2 below are not included in the rent and are paid separately by
the Tenant.
Utility/Appliance
Included in
Rent
Tenant Paid
Garbage Collection
Water/Sewer
Heating Fuel (specify)
Lights, electric
Cooking Fuel (specify)
Other (specify)
Refrigerator
Stove/Range
G. Household Members. Household members authorized to live in this unit are
listed below. The Tenant may not permit other persons to join the Household
without notifying the [program administrator] and obtaining the Landlord's
permission. Household members:
H. Housing Quality Standards. The Landlord shall maintain the dwelling unit,
common areas, equipment, facilities and appliances in decent, safe, and sanitary
condition (as determined by Section 8 Housing Quality Standards).
16
I. Termination of Tenancy. The Landlord may evict the Tenant following
applicable state and local laws. The landlord must provide the Tenant with at
least 30 days' written notice of the termination. The Landlord must notify the
[program administrator] in writing when eviction proceedings are begun. This
may be done by providing the [program administrator] with a copy of the
required notice to the Tenant.
J. Prohibited Lease Provisions. Any provision of the Lease which falls within
the classifications below shall not apply and not be enforced by the Landlord.
(1) Confession of Judgment. Consent by the Tenant to be sued, to admit guilt, or to
a judgment in favor of the landlord in a lawsuit brought in connection with
the Lease.
(2) Treatment of Property. Agreement by the Tenant that the Landlord may take or
hold the Tenant's property, or may sell such property without notice to the
Tenant and a court decision on the rights of the parties.
(3) Excusing the Landlord from Responsibility. Agreement by the Tenant not to hold
the Landlord or Landlord's agent legally responsible for any action or failure
to act, whether intentional or negligent.
(4) Waiver of Legal Notice. Agreement by the Tenant that the Landlord may
institute a lawsuit without notice to the Tenant.
(5) Waiver of Court Proceedings for Eviction. Agreement by the Tenant that the
Landlord may evict the Tenant Family (i) without instituting a civil court
proceedings in which the Family has the opportunity to present a defense, or
(ii) before a decision by the court on the rights of the parties.
(6) Waiver of Jury Trial. Authorization to the Landlord to waive the Tenant's right
to a trial by jury.
(7) Waiver of Right to Appeal Court Decision. Authorization to the Landlord to
waive the Tenant's right to appeal a court decision or waive the Tenant's
right to sue to prevent a judgment from being put into effect.
(8) Tenant Chargeable with Cost of Legal Actions Regardless of Outcome of the Lawsuit.
Agreement by the Tenant to pay lawyer's fees or other legal costs whenever
the Landlord decides to sue, whether or not the Tenant wins.
K. Nondiscrimination. The Landlord shall not discriminate against the Tenant in
the provision of services, or in any other manner, on the grounds of age, race,
color, creed, religion, sex, handicap, national origin, or familial status.
TENANT SIGNATURES
LANDLORD SIGNATURES
By:
(Type or Print Name of Tenant
Representative)
LANDLORD NAME:
(Signature/Date)
By:
17
(Type or Print Name of Landlord
Representative)
By:
(Type or Print Name of Tenant
Representative)
(Signature/Date)
(Signature/Date)
***
18
Exhibit F
Glendale TBRA VAWA Lease Addendum
VIOLENCE AGAINST WOMEN AND JUSTICE DEPARTMENT REAUTHORIZATION
ACT OF 2005
TENANT
LANDLORD
UNIT NO. & ADDRESS
This lease addendum adds the following paragraphs to the Lease between the above
referenced Tenant and Landlord.
Purpose of the Addendum
The lease for the above referenced unit is being amended to include the provisions
of the Violence Against Women and Justice Department Reauthorization Act of
2005 (VAWA).
Conflicts with Other Provisions of the Lease
In case of any conflict between the provisions of this Addendum and other sections
of the Lease, the provisions of this Addendum shall prevail.
Term of the Lease Addendum
The effective date of this Lease Addendum is . This Lease Addendum shall
continue to be in effect until the Lease is terminated.
VAWA Protections
1. The Landlord may not consider incidents of domestic violence, dating violence
or stalking as serious or repeated violations of the lease or other “good cause”
for termination of assistance, tenancy or occupancy rights of the victim of abuse.
2. The Landlord may not consider criminal activity directly relating to abuse,
engaged in by a member of a tenant’s household or any guest or other person
under the tenant’s control, cause for termination of assistance, tenancy, or
occupancy rights if the tenant or an immediate member of the tenant’s family is
the victim or threatened victim of that abuse.
3. The Landlord may request in writing that the victim, or a family member on the
victim’s behalf, certify that the individual is a victim of abuse and that the
Certification of Domestic Violence, Dating Violence or Stalking, Form HUD-
91066, or other documentation as noted on the certification form, be completed
and submitted within 14 business days, or an agreed upon extension date, to
receive protection under the VAWA. Failure to provide the certification or other
supporting documentation within the specified timeframe may result in eviction.
19
_________________________________________
__________________
Tenant
Date
_________________________________________
__________________
Landlord
Date
20
Exhibit G
VAWA Emergency Transfer Plan
City of Glendale Emergency Transfer Plan for Victims of Domestic Violence, Dating
Violence, Sexual Assault, or Stalking
I.
Emergency Transfers
The Glendale Housing Authority (GHA) is concerned about the safety of its tenants, and
such concern extends to tenants who are victims of domestic violence, dating violence, sexual
assault, or stalking. In accordance with the Violence Against Women Act (VAWA),1 GHA
allows tenants who are victims of domestic violence, dating violence, sexual assault, or stalking,
hereafter VAWA crimes, to request an emergency transfer from the tenant’s current unit to
another unit.
Currently, there are no HUD programs that allow the transfer from one program to another
without applying for housing under the new program. Tenants seeking an emergency transfer
to a different program may apply for housing under the new program, but since an application
would be required, this would not be considered a transfer as defined under VAWA 2013.
Additionally, although a tenant who is the victim of a VAWA crime may apply for an external
emergency transfer, if the wait list is open, the emergency transfer obligations under VAWA
do not supersede any eligibility or other occupancy requirements that may apply under a
covered housing program.
An emergency transfer allows tenants who are victims of VAWA crimes to make an internal
and external emergency transfer to another unit when a safe unit is immediately available, and
the unit from which the tenant is transferring will become available, and without having to
undergo an application process.
The objective of this emergency transfer plan is to fill an available unit while being cognizant
of the needs to transfer an individual who qualifies of an emergency transfer as quickly as
possible while meeting other obligations and balancing competing needs, including others on
wait lists.
The ability to request a transfer is available regardless of sex, gender identity, or sexual
orientation.2 The ability of GHA to honor such request for tenants currently receiving
assistance however, may depend upon a preliminary determination that the tenant is or has
been a victim of domestic violence, dating violence, sexual assault, or stalking, and on whether
1 Despite the name of this law, VAWA protection is available to all victims of domestic violence, dating violence, sexual assault,
and stalking, regardless of sex, gender identity, or sexual orientation.
2 Housing providers cannot discriminate on the basis of any protected characteristic, including race, color, national origin, religion,
sex, familial status, disability, or age. HUD-assisted and HUD-insured housing must be made available to all otherwise eligible
individuals regardless of actual or perceived sexual orientation, gender identity, or marital status.
21
GHA has another dwelling unit that is available and is safe to offer the tenant for temporary
or more permanent occupancy.
This plan identifies tenants who are eligible for an emergency transfer, the documentation
needed to request an emergency transfer, confidentiality protections, how an emergency
transfer may occur, and guidance to tenants on safety and security. This plan is based on a
model emergency transfer plan published by the U.S. Department of Housing and Urban
Development (HUD), the Federal agency that oversees that GHA complies with VAWA.
II.
Immigration Status / Self-Petitioners
In accordance with Section 214 of the Housing and Community Development Act of 1980,
HUD may not allow financial assistance to ineligible non-citizens, but assistance must not be
denied while verifying immigration status or appeal of a determination as to satisfactory
immigration status is pending.
As such, GHA will not deny, reduce, or terminate the assistance of a victim of a VAWA
crime who claims “Satisfactory Immigration Status”. GHA will verify that the applicant or
participant is a self-petitioner by utilizing the SAVE system to verify immigration status.
III.
Definitions: §5.2003
Affiliated Individual, with respect to an individual means:
1)
A spouse, parent, brother, sister, or child of that individual, or a person to whom that
individual stands in the place of a parent or guardian (for example, the affiliated
individual is a person in the care, custody, or control of that individual); or
2)
Any individual, tenant or lawful occupant living in the household of that individual
Bifurcate: To divide a lease as a matter of law, subject to the permissibility of such process
under the requirements of the applicable HUD covered program and State or local law, such
that certain tenants or lawful occupants can be evicted or removed and the remaining tenants
or lawful occupants can continue to reside in the unit under the same lease requirements or as
may be revised depending upon the eligibility for continued occupancy of the remaining
tenants and lawful occupants.
Dating violence: Violence committed by a person:
1)
Who is or has been in a social relationship of a romantic or intimate nature with the
victim; and
2)
Where the existence of such a relationship shall be determined based on a
consideration of the following factors:
(i)
The length of the relationship;
22
(ii)
The type of relationship; and
(iii)
The frequency of interaction between the persons involved in the relationship.
Domestic violence: Includes felony or misdemeanor crimes of violence committed by a
current or former spouse or intimate partner of the victim, by a person with whom the victim
shares a child in common, by a parson who is cohabitating with or has cohabitated with the
victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim
under the domestic or family violence laws of the jurisdiction, or by any other person against
an adult or youth victim who is protected from that person’s acts under the domestic or family
violence laws of the jurisdiction.
External Emergency Transfer: A transfer to a housing unit where an application would be
required (i.e. a transfer from public housing to Section 8 and vice-versa).
Internal Emergency Transfer: A transfer from one building within a PHA’s portfolio to
another building within the PHA’s portfolio without being placed on an applicant waiting list,
and are not new applicants (i.e. a transfer from one public housing unit to another, or
portability).
Sexual Assault: Any nonconsensual sexual act proscribed by Federal, tribal, or State law,
including when the victim lacks capacity to consent.
Spouse or Intimate Partner: Includes a person who is or has been in a social relationship of
a romantic or intimate nature with the victim, as determined by the length of the relationship,
the type of the relationship, and the frequency of interaction between the persons involved in
the relationship.
Stalking: Engaging in a course of conduct directed at a specific person that would cause a
reasonable person to:
1)
Fear for the person’s individual safety or the safety of others; or
2)
Suffer substantial emotional distress
Tenant: refers to an assisted family and the members of the household on their lease, but
does not include guests or unreported members of a household.
IV.
Eligibility for Emergency Transfers §5.2005
A tenant who is a victim of domestic violence, dating violence, sexual assault, or stalking, as
provided in HUD’s regulations at 24 CFR part 5, subpart L is eligible for an emergency
transfer, if:
1.
The tenant expressly requests the transfer; and
23
2.
The tenant reasonably believes that there is a threat of imminent harm from further
violence if the tenant remains within the same unit that the tenant is occupying; or.
3.
In the case where the tenant is a victim of sexual assault, either the tenant reasonably
believes there is a threat if imminent harm from further violence if the tenant
remains within the same dwelling unit that the tenant is currently occupying, or may
also be eligible to transfer if the sexual assault occurred on the premises within the
90-calendar-day period preceding a request for an emergency transfer.
4.
Tenants who are not in good standing may still request an emergency transfer if they
meet the eligibility requirements in this section.
V.
Emergency Transfer Request Documentation §5.2005
To request an emergency transfer, the tenant shall notify GHA’s management office and
submit a written request for a transfer to Glendale Community Housing, 6842 N. 61st
Avenue, Glendale AZ 85301. GHA will provide reasonable accommodations to this policy
for individuals with disabilities.
The tenant’s written request for an emergency transfer should include either:
1.
A statement expressing that the tenant reasonably believes that there is a threat of
imminent harm from further violence if the tenant were to remain in the same dwelling
unit assisted under GHA’s program; OR
2.
A statement that the tenant was a sexual assault victim and that the sexual assault
occurred on the premises during the 90-calendar-day period preceding the tenant’s
request for an emergency transfer, AND
3.
Completed Emergency Transfer Request for Certain Victims of Domestic Violence,
Dating Violence, Sexual Assault, or
4.
If GHA does not already have documentation that the tenant is a victim of domestic
violence, dating violence, sexual assault, or stalking, the tenant will be required to
submit third-party verification of HUD’s Certification of Domestic Violence, Dating
Violence, Sexual Assault, or Stalking and Alternate Documentation form proving the
abuse, or certifying that the tenant is a victim of a VAWA crime §5.2007)
The tenant and the assisted family members on their the lease are afforded protections under
VAWA. Guests, unauthorized household members and live-in-aides or caregivers are not
considered tenants and cannot invoke VAWA protection, unless they are victims of a VAWA
crime and then become program applicants (FR-5720-F-03, pg. 80730).
However, if a tenant requests and qualifies for an emergency transfer on the grounds that the
live-in-aide is a victim of a VAWA crime, the tenant’s entire household, which includes the
live-in-aide, can be transferred.
24
VI.
Confidentiality §5.2005
GHA will keep confidential any information that the tenant submits in requesting an
emergency transfer, and information about the emergency transfer, unless:
1.
The tenant gives GHA written permission to release the information on a time limited
basis, or
2.
Disclosure of the information is required by law or required for use in an eviction
proceeding or hearing regarding termination of assistance from the covered program.
This includes keeping confidential the new location of the dwelling unit of the tenant, if one
is provided, from the person(s) that committed an act(s) of domestic violence, dating violence,
sexual assault, or stalking against the tenant. See the Notice of Occupancy Rights under the
Violence Against Women Act For All Tenants for more information about GHA’s
responsibility to maintain the confidentiality of information related to incidents of domestic
violence, dating violence, sexual assault, or stalking.
VII.
Emergency Transfer Timing and Availability
1.
Timing:
•
GHA cannot guarantee that a transfer request will be approved or how long it will
take to process a transfer request.
•
GHA will, however, act as quickly as possible to move a tenant who is a victim of a
VAWA crime to another unit, subject to availability and safety of a unit.
2.
Availability:
If a tenant reasonably believes a proposed transfer would not be safe, the tenant may
request a transfer to a different unit, in the same program.
• If a unit is available, the transferred tenant must agree to abide by the terms and
conditions that govern occupancy in the unit to which the tenant has been
transferred.
• GHA may be unable to transfer a tenant to a particular unit if the tenant has not or
cannot establish eligibility for that unit.
a.
Public Housing:
• GHA will consider family size and the size of vacant units when assessing an internal
emergency transfer in the Conventional Public Housing Program.
• An available unit is one that is vacant, and the proper bedroom size based on the
tenant’s family composition size.
25
• Single persons who are victims of VAWA crimes will not be placed in a unit with
two or more bedrooms, unless the tenant is elderly, disabled, or displaced (public
housing) (§960.206).
• Whenever feasible, GHA will offer public housing tenants who are victims of
VAWA crimes, an available unit in different rental community in the GHA’s public
housing portfolio.
b.
Section 8: §982.353, §982.552, §982.553
• A Section 8 assisted tenant who is the victim of a VAWA crime, and reasonably
believes the household member to be threatened with imminent harm from further
violence by remaining in the dwelling unit (or if any family member has been the
victim of a sexual assault that occurred on the premises during the 90-calendar-day
period preceding the family’s move or requested move), and has otherwise complied
with all other program obligations under the Section 8 program, the family may
receive a voucher from the initial PHA and move to another jurisdiction under the
HCV Program.
• Provided the family has complied with all other obligations of the voucher program,
but moved out of the assisted dwelling unit in violation of the Lease in order to
protect the health, safety of a household member who is the victim of a VAWA
crime, will be issued a voucher from the initial PHA to move to another jurisdiction
under portability.
• In the Section 8 program, if a VAWA victim is granted an emergency transfer, it will
be administered via the portability process.
▪ If GHA owns the voucher, a voucher of the appropriate family size to transfer
will be issued to the tenant.
▪ If GHA does not own the voucher, GHA will contact the initial housing authority
to expedite the portability process to make the transfer as expeditious as possible.
• The tenant will be issued a voucher for the appropriate family size.
• Tenants on the Section 8 program who are victims of VAWA crimes and who have
requested an emergency transfer will take priority over other ports and
recertifications.
VIII. Cost of Transfers
• GHA will not bear moving costs that tenants generally pay, including application
fees and deposits or moving costs.
• A Section 8 assisted tenant who moves to a different unit is still responsible for any
financial obligations on the original lease.
26
IX.
Lease Bifurcation
a.
Conventional Public Housing Program:
• GHA may consider the bifurcation of the tenant’s lease under the Conventional
Public Housing program. If GHA bifurcates the lease, the perpetrator of the
VAWA crime will be removed from a unit without evicting, removing, terminating
assistance to, or otherwise penalize a victim who seeks to remain in the unit. An
emergency transfer is not required as a result of the lease bifurcation.
• GHA may be unable to transfer a tenant to a particular unit if the tenant has not or
cannot establish eligibility based on GHA requirements for that unit. For example, if
a unit of the same bedroom size, or one that is appropriate for the family
composition size is not available.
• If GHA bifurcates a lease and removes the only qualifying member for the program,
the remaining family members will be given 90 days, or until the end of the lease
term, whichever is sooner, to establish eligibility or find a new place to live (FR-
5720-F-03, pg. 80772, 80775).
• The time period to establish eligibility or to find new housing is triggered when the
tenant removed from the unit is the one family member whose characteristics
qualified the rest of the family to live in the unit or receive assistance (FR-F-03, pg.
80772).
• The time period begins on the date the bifurcation of the lease is legally effective and
not at the start of the process to bifurcate the lease.
i.
Immigration Status:
If after the bifurcation of the lease where the only qualifying member has been
removed, and the remaining family members are ineligible due to immigration
status, the family members cannot stay in the unit beyond 30 days, or after the
end of the lease term if satisfactory immigration status cannot be proven.
.
• GHA will evict or terminate assistance to those who are unable to establish eligibility
at the expiration of the time-period to establish eligibility or find another place to
live.
b.
Section 8 Housing Choice Voucher Program:
•
Tenant-based Section 8 assistance cannot be bifurcated because the bifurcation
relates to the division of a lease, not the division of assistance .
27
•
If GHA terminates the assistance of an individual because they were the
perpetrator of a VAWA crime, the owner is not required to bifurcate the lease if
the unit has other household members (FR-5720-F-03 p. 80777 and §5.2009).
•
GHA’s family break-up policies will apply in situations where a household divides
due to a VAWA crime. (§982.315).
X.
If GHA has no safe and available units for which a tenant who needs an emergency
transfer is eligible:
•
GHA will assist the tenant in identifying other housing providers who may have safe
and available units to which the tenant could move.
•
GHA will also provide a list of other housing authorities, which may assist with
expediting an external transfer.
•
At the tenant’s request, GHA will also assist tenants in contacting the local
organizations offering assistance to victims of domestic violence, dating violence,
sexual assault, or stalking that are attached to this plan.
•
For internal transfers within GHA’s public housing portfolio, when a safe unit is not
available, a tenant who is the victim of a VAWA crime will be placed on GHA’s
emergency transfer list for a unit of the same size, or one appropriate for the size of
the family composition, in Glendale Public Housing.
•
Upon the request for the transfer, GHA will assess the transfer list and discuss with
the tenant when and where safe units are likely to become available.
•
Tenants on the GHA public housing emergency transfer list will take priority over
those currently on the transfer list and on the wait list.
XI.
Tenants Requesting an External Transfer:
•
Tenants are able to seek an internal emergency transfer and an external emergency
transfer concurrently so the tenant has a greater opportunity to move to a safe unit as
quickly as possible.
•
Eligibility: Emergency transfer obligations under VAWA do not supersede any
eligibility or other occupancy requirements that may apply under a covered housing
program.
•
Wait List: Reference GHA’s Section 8 Administrative Plan and the Conventional
Public Housing Admissions and Continued Occupancy Policy for information
regarding wait list preferences for victims of VAWA crimes.
XII.
Safety and Security of Tenants
28
Pending processing of the transfer and the actual transfer, if it is approved and occurs, the
tenant is urged to take all reasonable precautions to be safe.
Tenants who are or have been victims of domestic violence are encouraged to contact the
National Domestic Violence Hotline at 1-800-799-7233, or a local domestic violence shelter,
for assistance in creating a safety plan.
•
For persons with hearing impairments, may call 1-800-787-3224 (TTY).
•
Tenants who have been victims of sexual assault may call the Rape, Abuse & Incest
National Network’s National Sexual Assault Hotline at 800-656-HOPE, or visit the
online hotline at https://ohl.rainn.org/online/.
•
Tenants who are or have been victims of stalking seeking help may visit the National
Center for Victims of Crime’s Stalking Resource Center at
https://www.victimsofcrime.org/our-programs/stalking-resource-center.
•
Tenants are encouraged to call 911 for local police enforcement.
XIII. Attachment:
Local organizations offering assistance to victims of domestic violence, dating violence, sexual
assault, or stalking.
Also see the Violence Against Women Act Addendum to the FY 2017 Agency Plan
29
Exhibit H
Certifications
A. Policy of Nondiscrimination on the Basis of Disability.
The Subrecipient certifies that is has or will adopt a Policy of Nondiscrimination on the Basis of
Disability. Such Policy will state that the Subrecipient does not discriminate on the basis of
disabled status in the admission or access to, or treatment or employment in, its federally assisted
programs or activities.
B. Section 319 of Public Law 101-121.
Subrecipient certifies that to the best its knowledge and belief, that:
1.
No federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee
of any agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress, in connection with the awarding of any Federal contract, the
making of any federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any federal contract, grant, loan, or cooperative agreement.
2.
If any funds other than federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned will complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
3.
The undersigned will require that the language of this certification be included in the award
documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts
under grants, loans, and cooperative agreements), and that all agencies will certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by 31 U.S.C. § 1352. Any person who fails to file the
required certification will be subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
C. Contracting with Small and Minority Firms, Women’s Business Enterprises and Labor
Surplus Area Firms.
Subrecipient acknowledges
30
1. It is a national policy to award a fair share of contracts to small and minority business firms.
Accordingly, affirmative steps must be taken to assure that small and minority businesses are
utilized when possible as sources of supplies, equipment, construction, and services.
Affirmative steps will include the following:
1.1
Qualified small and minority businesses on solicitation lists.
1.2
Assuring that small and minority businesses are solicited whenever they are potential
sources, and to the greatest extent possible that these businesses are located within the
metropolitan area.
1.3
When economically feasible, dividing total requirements into smaller tasks or
quantities so as to permit maximum small and minority business participation.
1.4
Where the requirement permits, establish delivery schedules which will encourage
participation by small minority businesses.
1.5
Using the services and assistance of the Small Business Administration, and the Office
of Minority Business Enterprises of the Department of Commerce and the
Community Services Administration as required.
1.6
If any subcontracts are to be let, requiring the prime contractor to take the affirmative
steps in §§ 1.1 through 1.5. Grantees will take similar appropriate action in support of
women's enterprises.
1.7
To the greatest extent feasible, opportunities for training and employment will be given
to low and moderate income persons residing within the metropolitan area.
2.
The above-described equal opportunity requirements are obligations of the City because
federal funds are being utilized to finance the Project to which this Project pertains.
3.
In executing any contract, the Subrecipient agrees to comply with the requirements and to
provide appropriate documentation at the request of the City.
###
D. Drug-Free Workplace.
The Subrecipient certifies that it will maintain a drug-free workplace in accordance with the
requirements of 24 C.F.R. Part 24, Subpart F by:
1. Publishing a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the
Subrecipient’s workplace and specifying the actions that will be taken against employees
for violation of such prohibition.
2. Establishing an ongoing drug-free awareness program to inform employees about:
2.1
The dangers of drug abuse in the workplace;
2.2
The Subrecipient’s policy of maintaining a drug-free workplace;
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2.3
Any available drug counseling, rehabilitation and employee assistance programs;
and
2.4
The penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace.
3. Making it a requirement that each employee to be engaged in the performance of the grant
be given a copy of the statement required by paragraph 1.
4. Notifying the employee in the statement required by paragraph 1 that, as a condition of
employment under the grant, the employee will:
4.1
Abide by the terms of the statement; and
4.2
Notify the employer in writing of his or her conviction for a violation of a criminal
drug statute occurring in the workplace no later than five calendar days after such
conviction.
5. Notifying the City in writing, within ten calendar days after receiving notice under
paragraph 4.2 from an employee or otherwise receiving actual notice of such conviction.
Employers of convicted employees must provide notice including position title, to every
grant officer or other designee on whose grant activity the convicted employee was
working, unless the Federal agency has designated a central point for the receipt of such
notices. Notice will include the identification number(s) of each affected grant.
6. Taking one of the following actions, within 30 calendar days of receiving notice under
paragraph 4.2, with respect to any employee who is so convicted:
6.1
Taking appropriate personnel action against such an employee, up to and including
termination, consistent with the requirements of the Rehabilitation Act of 1973, as
amended; or
6.2
Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a federal, state, local health
requirements, law enforcement, or other appropriate agency.
7. Making a good faith effort to continue to maintain a drug-free workplace through
implementation of the above-described paragraphs.
Exhibit I
Federal Laws and Regulations
1. Applicability of Uniform Administrative Requirements. The parties should comply with all
administrative requirements, cost principles, and audit requirements as provided in 2CFR Part 200
in compliance with the Final Guidance issued by U.S. Department of Housing and Urban
Development on Feb. 26, 2015 (Notice: SD-2015-01)
2. Equal Opportunity.
2.1
The City agrees to comply with Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and
the HUD regulations under 24 CFR Part 1, which provides that no person in the United
States will, on the grounds of race, color, or national origin, be excluded from participation
in, be denied the benefits of, or be otherwise subjected to discrimination under any activity
receiving Federal financial assistance by way of grant, loan, or Agreement and will
immediately take any measures necessary to effectuate this Agreement. If any real property
or structure thereof is provided or improved with the aid of Federal financial assistance
extended to the City, this assurance will obligate the City, or in the case of any transfer of
such property or structure is used for a purpose of which the Federal financial assistance is
extended or for another purpose involving the provision of similar services or benefits.
2.2
The City agrees to comply with Title VIII of the Civil Rights Act of 1968 (P.L. 90-284), as
amended by the Fair Housing Amendments Act of 1988 (P.L. 100-430), and will administer
all activities relating to housing and community development in a manner to affirmatively
further fair housing within Constitutional limitations throughout the United States.
2.3
The City agrees to comply with Section 109 of the Housing and Community Development
Act of 1974 and 1977, as amended, and in conformance with all requirements imposed
pursuant to the regulations of the Department of HUD (24 CFR Part 570.602) issued
pursuant to that Section; and in accordance with Equal Opportunity obligations of that
Section, no person in the United States will, on the grounds of race, color, national origin,
or sex, be excluded from participation in, be denied the benefits of, be subjected to
discrimination under, any activity funded in whole or in part with the Community
Development funds. Section 109 of the Act further provides that any prohibition against
discrimination on the basis of age, under the Age Discrimination Act of 1975 (24 CFR Part
146), or with respect to an otherwise qualified handicapped person, as provided in Section
504 of the Rehabilitation Act of 1973 (24 CFR Part 8), will also apply to any activity funded
in whole or in part with funds made available pursuant to the Act.
2.4
The City agrees to comply with Executive Order 11063 on equal opportunity in housing and
related facilities owned or operated by the Federal Government or provided with Federal
financial assistance.
2.5
The City agrees to comply with Executive Order 11246, as amended, requiring
nondiscrimination and affirmative action to ensure nondiscrimination in employment by
government contractors and subcontractors and under federally assisted construction
contractors.
2.6
The City agrees to comply with Section 3 of the Housing and Urban Development Act of
1968 (12 U.S.C. 1701u), as amended, the HUD regulations issued pursuant thereto (24 CFR
Part 135) as follows:
33
a.
The work to be performed under this Agreement is on a program assisted under a
activity providing direct Federal financial assistance from the Department of
Housing and Urban Development and is subject to the requirements of Section 3 of
the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701u);
Section 3 requires that to the greatest extent feasible, opportunities for training and
employment be given to lower income residents of the program area and
Agreements for work in connection with the program be awarded to business
concerns that are located in or owned in substantial part by persons residing in the
area of the program.
b.
The parties to this Agreement will comply with the provisions of said Section 3 and
the regulations issued pursuant thereto by the Secretary of Housing and Urban
Development set forth in 24 CFR Part 135, and all applicable rules and orders of the
Department issued there under prior to the execution of this Agreement. The
parties to this Agreement certify and agree that they are under no contractual or
other disability that would prevent them from complying with these requirements.
c.
The contractor will send to each labor organization or representative or workers,
with which he has a collective bargaining Agreement or other Agreement or
understanding, if any, a notice advertising the said labor organization or workers'
representative of his commitments under this Section 3 clause and will post copies
of the notice in conspicuous places available to employees and applicants for
employment or training.
d.
The contractor will include this Section 3 clause in every subcontract for work in
connection with the program and will, at the direction of the applicant or
Community of Federal financial assistance, take appropriate action pursuant to the
subcontract upon a finding that the subcontractor is in violation of regulations issued
by the Secretary of Housing and Urban Development, 24 CFR Part 135. The
contractor will not subcontract with any subcontractor where it has notice or
knowledge that the latter has been found in violation of regulations under 24 CFR
Part 135 and will not let any subcontract unless the subcontractor has first provided
it with a preliminary statement of ability to comply with the requirements of these
regulations.
e.
Compliance with the provisions of Section 3, the regulations set forth in 24 CFR
Part 135, and all applicable rules and orders of the Department issued there under
prior to the execution of this Agreement, will be a condition of the Federal financial
assistance provided to the program.
3. Nondiscrimination in Federally Assisted Programs of the Department of Housing and Urban
Development – Effectuation of Title VI of the Civil Rights Act of 1964.
3.1
The City shall, as a recipient of HUD financial assistance, take reasonable steps to provide
meaningful access to Limited English Proficiency (LEP) persons. This requirement shall
extend to the City’s entire activity regardless of how much HUD assistance is received.
3.2
In order to determine what reasonable steps must be taken to provide meaningful access to
LEP persons, the City should apply HUD’s four-factor analysis.
a.
Identify the number or proportion of LEP persons eligible to be served or likely to
be encountered by the activity or City.
34
b.
Identify the frequency with which LEP persons come in contact with the activity.
c.
Consider the nature and importance of the activity or service provided by the activity
to people’s lives.
d.
Identify the resources available to the City and the costs associated with providing
meaningful access to LEP persons.
3.3
The City must determine what language assistance measures are sufficient for the activity
funded with HUD funds. The City shall have flexibility in addressing the needs of the LEP
persons served; however, this cannot be used to minimize the obligation that the needs be
addressed. The City is not required to take measures that would be a cost burden or cost
prohibitive to the City.
3.4
Efforts to take reasonable steps to provide meaningful access to LEP persons must be
documented in the City’s records and be made available upon request.
4. Section 504. The City agrees to comply with any federal regulations issued pursuant to compliance
with Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination against the
handicapped in any federally assisted program.
5. Subcontracting. All work or services covered by this Agreement, which is subcontracted by the City,
will be specified by written Agreement and subject to all provisions of this Agreement. All
subcontracts must be approved by the City prior to execution.
6. Interest of Certain Federal Officials. No member of or delegate to the Congress of the United
States shall be admitted to any share or part of this Agreement or to any benefit to arise from the
same.
7. Interest of Members, Officers or Employees of the City, Members of Local Governing Body, or
Other Public Officials. No member, officer, or employee of the City or its designees or agents, no
member of the governing body of the locality in which the activity is situated, and no other public
official of such locality or localities who exercises any functions or responsibilities with respect to
the activity during his tenure or for one year thereafter, will have any interest, direct or indirect, in
any Agreement or subcontract, or the proceeds thereof, for work to be performed in connection
with the Activity assisted under this Agreement pursuant to the provisions of 24 CFR 570.611.
8. Lobbying. HOME Funds shall not be used for publicity or propaganda purposes designed to
support or defeat legislation proposed by federal, state, or local governments or to influence or
attempting to influence an officer or employee of any agency, a member or employee of Congress.
9. Hatch Act. The City agrees to comply with all provisions of the Hatch Act and that no part of the
activity will involve political activities, nor will personnel employed in the administration of the
activity be engaged in activities in contravention of Title V, Chapter 15, of the United States Code.
10. Labor Standards Provisions.
10.1
The City agrees to comply with the requirements of the Secretary of Labor in accordance
with the Davis-Bacon Act as amended, the provisions of Agreement Work Hours and Safety
Standards Act (40 U.S.C. 327 et seq.) and all other applicable federal, state and local laws and
regulations pertaining to labor standards insofar as those acts apply to the performance of
35
this Agreement. The City agrees to comply with the Copeland Anti-Kick-Back Act (18 U.S.C.
874 et seq.) and its implementing regulations of the U. S. Department of Labor at 29CFR
Part 5. The City shall maintain documentation that demonstrates compliance with hour and
wage requirements of this part. Such documentation shall be made available to the Grantee
for review upon request.
10.2
The City agrees that, except with respect to the rehabilitation or construction of residential
property containing less than eight (8) units, all contractors engaged under Agreements in
excess of $2,000.00 for construction, renovation or repair work financed in whole or in part
with assistance provided under this Agreement, shall comply with federal requirements
adopted by the City pertaining to such Agreements and with the applicable requirements of
the regulations of the Department of Labor, under 29CFR Parts 1,3,5 and 7 governing the
payment of wages and ration of apprentices and trainees to journey workers; provided that,
if wage rates higher than those required under the regulations are imposed by state or local
laws nothing hereunder is intended to relieve the City of its obligation, if any, to require
payment of the higher wage. The City shall cause or require to be inserted in full, in all such
Agreements subject to such regulations, provisions meeting the requirement of this
paragraph.
11. Compliance with Environmental Requirements. The City agrees to comply with any conditions
resulting from the City's compliance with the provisions of the National Environmental Policy Act
of 1969 and the other provisions of law specified at 24CFR §58.5 insofar as the provisions of such
Act apply to activities set forth in the Statement of Work.
12. Compliance with Flood Disaster Protection Act.
12.1
This Agreement is subject to the requirements of the Flood Disaster Protection Act of 1973
(P.L. 93-234). No portion of the assistance provided under this Agreement is approved for
acquisition or construction purposes as defined under Section 3(a) of said Act, for use in
any area identified by the Secretary as having special flood hazards, which is located in a
community not then in compliance with the requirements for participation in the national
flood insurance program pursuant to Section 201(d) of said Act; and the use of any
assistance provided under this Agreement for such acquisition or construction in such
identified areas in communities then participating in the national flood insurance program
will be subject to the mandatory purchase of flood insurance requirements of Section 102(a)
of said Act.
12.2
Any contract or agreement for the sale, lease, or other transfer of land acquired, cleared, or
improved with assistance provided under this Agreement shall contain, if such land is located
in an area identified by the Secretary as having special flood hazards and in which the sale of
flood insurance has been made available under the National Flood Insurance Act of 1968,
as amended, 42 U.S.C. 4001 et seq., provisions obligating the transferee and its successors or
assigns to obtain and maintain, during the ownership of such land, such flood insurance
required with respect to financial assistance for acquisition or construction purposes under
Section 102(2) of Flood Disaster Protection Act of 1973. Such provisions will be required
notwithstanding the fact that the construction of such land is not itself funded with
assistance under this Agreement.
13. Compliance with Environmental Laws.
13.1
This Agreement is subject to the requirements of the Clean Air Act, as amended, 42 U.S.C.
1857 et seq.; the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.;
36
and the regulations of the Environmental Protection Agency with respect thereto, at 40CFR
Part 15, as amended from time to time.
13.2
In compliance with said regulations, the City will cause or require to be inserted in full in all
Agreements and subcontracts with respect to any nonexempt transaction thereunder funded
with assistance provided under this Agreement, the following requirements:
a.
A stipulation by the contractor or subcontractor that any facility to be utilized in the
performance of any nonexempt Agreement or subcontract is not listed on the list
of Violating Facilities issued by the Environmental Protection Agency (EPA)
pursuant to 40CFR §15.20.
b.
Agreement by the contractor to comply with all the requirements of Section 114 of
the Clear Air Act, as amended (42 U.S.C. 1857c-8), and Section 308 of the Federal
Water Pollution Control Act, as amended, (33 U.S.C. 1318) relating to inspection,
monitoring, entry, reports, and information, as well as all other requirements
specified in said Section 114 and Section 308, and all regulations and guidelines issued
thereunder.
c.
A stipulation that as a condition for the award of the Agreement, prompt notice will
be given of any notification received from the director, Office of Federal Activities
EPA, indicating that a facility utilized or to be utilized for the Agreement is under
consideration to be listed on the EPA list of Violating Facilities.
d.
Agreement by the contractor that he will include or cause to be included the criteria
and requirements in paragraphs (a) through (d) of this section in every nonexempt
subcontract and requiring the contractor to take such action as the Government may
direct as means of enforcing such provisions.
e.
In no event will any amount of the assistance provided under this Agreement be
utilized with respect to a facility that has given rise to a conviction under Section
113(c)(1) of the Clean Air Act or Section 309(c) of the Federal Water Pollution
Control Act.
13.3
The Resource Conservation and Recovery Act. The City will comply with the Resource
Conservation and Recovery Act (“RCRA”), including, but not limited to, 42 U.S.C. § 6962,
which requires preference be given in procurement programs to the purchase of specific
products containing recycled materials identified in guidelines developed by the
Environmental Protection Agency (“EPA”) (40CFR Parts 247 through 254).
13.4
The Toxic Substances Control Act. The City will comply with the Toxic Substances Control
Act (“TSCA”), 15 U.S.C. §2601 et seq.
13.5
The Federal Insecticide, Fungicide and Rodenticide Act. The City will comply with the
Federal Insecticide, Fungicide and Rodenticide Act (“FIFRA”), 7 U.S.C. §136 et seq.
13.6
The City will comply with all other applicable federal and state environmental laws and
regulations, including, but not limited to, §6002 of the Solid Waste Disposal Act, as amended
by the Resource Conservation and Recovery Act (“RCRA”) (Pub. L. 94-580, 42 U.S.C.
§6962). Section 6962 requires that preference be given in procurement programs to the
purchase of specific products containing recycled materials identified in guidelines developed
by the Environmental Protection Agency (“EPA”) (40CFR Parts 247 through 254).
37
Accordingly, state and local institutions of higher education, hospitals, commercial
organizations and international organizations when operating domestically, and non-profit
organizations that receive direct Federal awards or other Federal funds will give preference
in their procurement programs funded with Federal funds to the purchase of recycled
products pursuant to the EPA guidelines.
14. Historic Preservation. This Agreement is subject to the requirements of P.L. 89-665, the
Archaeological and Historic Preservation Act of 1974 (P.L. 93-291), Executive Order 11593, and the
procedures prescribed by the Advisory Council on Historic Preservation in 36CFR Part 800. The
City must take into account the effect of a program on any district, site, building, structure, or object
listed in or found by the Secretary of the Interior, pursuant to 35 CFR Part 800, to be eligible for
inclusion in the National Register of Historic Places, maintained by the National Park Service of the
U. S. Department of the Interior, and must make every effort to eliminate or minimize any adverse
effect on a historic property.
15. Historic Barriers. This Agreement is subject to the requirements of the Architectural Barriers Act
of 1968 (42 U.S.C. 4151) and its regulations. Every building or facility (other than a privately owned
residential structure) designed, constructed, or altered with HOME funds must comply with
requirements of the "American Standards Specifications for Making Buildings and Facilities
Accessible to, and Usable by, the Physically Handicapped.”
16. Lead-Based Paint. This Agreement is subject to the Lead-Based Paint Poisoning Prevention Act (42
U.S.C. 4821 et seq.), and Lead-Based Paint Regulations (24CFR Part 35 and 24CFR §570.608 and/or
92.335), and related amendments thereto. The use of lead-based paint is prohibited whenever federal
funds are used directly or indirectly for the construction, rehabilitation, or modernization of
residential structures. All federally assisted residential structures and related property constructed
prior to 1978, Homebuyer Programs, Tenant-Based Rental Assistance, and Special-Needs Housing
(acquisition), will comply with existing and new Lead-Based Paint Hazard Reduction Requirements,
effective September 15, 2000. As the Grantor or Participating Jurisdiction, the City of Glendale shall
be consulted regarding the compliance status.
17. Acquisition/Relocation. This Agreement is subject to providing a certification that it will comply
with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970, as amended, implementing regulations at 49 CFR Part
24, and 24 CFR Part 511.14 and 570.606, which govern the acquisition of real property for the
program and provision of relocation assistance to persons displaced as a direct result of acquisition,
rehabilitation, or demolition for the program.
18. Property Disposition. Real or personal property purchased in whole or in part with HOME funds
shall not be disposed through sale, use, or location without the written permission of the City and/or
HUD as applicable. The proceeds from the disposition of real property will be considered Program
Income and subject to 24 CFR §570.504(c).
19. Debarment, Suspension, Ineligibility and Voluntary Exclusion.
19.1
In order to participate in this Agreement, the City must certify that it and/or its
owners/officers have not been debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by a federal department or
agency.
19.2
The City, shall include without modification the Certification language, entitled “Certification
Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion – Lower Tier
38
Covered Transactions” with all subgrantees or other contractors; in all lower tier covered
transactions and in all solicitations for lower tier covered transactions in accordance with 45
CFR part 76.
19.3
If the City is unable to comply with this requirement, an explanation shall be immediately
provided to the City in accordance with paragraph 29 of this Agreement.
20. Federal Fire Prevention and Control Act of 1992. The Fire Administration Authorization Act of
1992 added a new Section 31 to the Federal Fire Prevention and Control Act of 1974. This Section
requires that approved smoke detectors be installed in all houses assisted under the Community
Development Block Grant Program. To comply with this requirement and locally adopted codes
City shall install smoke detectors in all sleeping areas and any hallway connecting these sleeping areas.
Exhibit J
Additional Requirements
See attached requirements:
1.
Procurement
2.
Disputes/Grievance Procedure
3.
Right to Refuse Service
PROCUREMENT
1.
The Subrecipient agrees to comply with federal procurement requirements and the City’s
procurement code for all expenditures of funds. Below is an overview of the procurement
requirements.
1.1
Purchases over $50,000 must be publicly bid.
1.2
Purchases between $10,001 and $50,000 must follow competitive purchasing
procedures based on written quotations.
1.3
Purchases of $5,000 to $10,000, whenever practical, must be based on oral quotations,
with file documentation of vendors contacted and quotations received.
1.4
Purchases under $5,000 do not require written or oral quotations.
1.5
Expenditures for employee salaries or items such as client subsidies would not
generally be subject to procurement requirements. (Such items do not generally
constitute purchases.)
2.
The Subrecipient agrees to adopt a written procurement policy that, at a minimum, complies
with the above procurement requirements, and to follow accounting procedures that will
assure compliance with federal and city procurement codes.
3.
The Subrecipient further agrees to retain sufficient supporting documentation to demonstrate
compliance with these requirements. Examples include, but are not limited, to the following:
3.1
Copies of bid documents;
3.2
Written quotations; and
3.3
Evidence of oral quotations.
###
DISPUTES/GRIEVANCE PROCEDURE
1.
The Subrecipient agrees to negotiate and resolve any disputes in the delivery of activities stated
herein and will inform the City in writing of such negotiations and resolutions.
2.
In the event the issue is not resolved, the City will confer with all parties to understand the
issue, if appropriate, offer guidance, and try and reach an amicable solution.
###
RIGHT TO REFUSE SERVICE
The City reserves the right to refuse, terminate, or suspend service or accounts to an individual,
company, or agency, if the City believes that conduct or actions violate applicable law, is harmful to
the interests of the City of Glendale and its affiliates, or meets the criteria covered under City’s Right
to Refuse Assistance Policy. Legal counsel will be consulted before such action is undertaken, unless
an emergency exists.
###
2
Exhibit K
Insurance Certificate
(See attached)
***
3
Exhibit L
Subrecipient RSOQ Submittal