CONTRACT RE STATE HOUSING TRUST FUNDS WITH AZ DEPT OF HOUSING.PDF
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ADOH CONTRACT COVER PAGE
Subrecipient Name / Project Title / Contract Number / Grant Term:
Maricopa County
Administered by the Human Services Department
HTF Maricopa County HSD Preventing Housing Insecurity (PHIFF)
ADOH Contract #538-25
W-9/UEI#
86-6000472/MHLNFHVYWDD9
Grant Term – 07/01/2024 – 12/31/2025
Contract Contact Person(s) / phone number / email / address:
Laurie Ontiveros- Community Resilience Supervisor
234. N. Central Ave 3rd Floor Phoenix, AZ 85004
602-506-2322
laurie.ontiveros@maricopa.gov
Siman Qaasim – Assistant Director
234. N. Central Ave 3rd Floor Phoenix, AZ 85004
602-506-4841
siman.qaasim@maricopa.gov
Sean Simons-Grants Accountant
234. N. Central Ave 3rd Floor Phoenix, AZ 85004
602-372-4262
sean.simons@maricopa.gov
Contract Signature Authority (i.e. Board of Supervisors, CEO, CFO)
Jack Sellers- Chairman of the Board of Supervisors
301. W. Jefferson 10th Floor Phoenix, AZ 85003
602-506-1776
jack.sellers@maricopa.gov
FUNDING AGREEMENT
with
ARIZONA DEPARTMENT OF HOUSING
Table of Contents
REV. 07.01.2024
i
SECTION 1. FUNDS PROVIDED………………………………………………………………………2
SECTION 2. OTHER FUNDS ................................................................................................................................. 4
SECTION 3. ACCEPTANCE OF FUNDS ............................................................................................................. 4
SECTION 4. DURATION ........................................................................................................................................ 4
SECTION 5. INCORPORATION OF TERMS FOR COMPLIANCE WITH PROGRAM REQUIREMENTS
AND APPLICABLE STATE AND FEDERAL LAW ........................................................................................ 5
SECTION 6. SCOPE OF WORK ............................................................................................................................. 6
SECTION 7. REPORTS ............................................................................................................................................ 7
SECTION 8. SCHEDULE OF COMPLETION ..................................................................................................... 9
SECTION 9. BUDGET ............................................................................................................................................ 10
SECTION 10. AMENDMENTS AND MODIFICATIONS .............................................................................. 11
SECTION 11. ENVIRONMENTAL REVIEW CONDITIONS ........................................................................ 11
SECTION 12. APPLICATION AND OTHER PRE-AWARD COSTS ........................................................... 12
SECTION 13. COMPENSATION AND METHOD OF PAYMENT .............................................................. 13
SECTION 14. FUNDS RECOUPED BY RECIPIENT, INTEREST AND PROGRAM INCOME .............. 14
SECTION 15. DE-OBLIGATION, RECAPTURE AND REPAYMENT OF FUNDS ................................... 15
SECTION 16. REVERSION OF ASSETS ............................................................................................................ 16
SECTION 17. DEPARTMENT OF HOUSING RESPONSIBILITIES ............................................................ 17
SECTION 18. SUBCONTRACTING ................................................................................................................... 17
SECTION 19. FAILURE TO MAKE PROGRESS .............................................................................................. 17
SECTION 20. TERMINATION FOR CAUSE .................................................................................................... 18
SECTION 21. TERMINATION FOR CONVENIENCE ................................................................................... 18
SECTION 22. ENFORCEMENT ............................................................................................................................ 19
SECTION 23. CANCELLATION .......................................................................................................................... 19
SECTION 24. RECORDS RETENTION .............................................................................................................. 19
SECTION 25. NO OBLIGATION OF STATE GENERAL APPROPRIATIONS FUNDS .......................... 20
SECTION 26. AVAILABILITY OF FUNDS ........................................................................................................ 20
Contract 538-25
FUNDING AGREEMENT
with
ARIZONA DEPARTMENT OF HOUSING
Table of Contents
REV. 07.01.2024
ii
SECTION 27. APPLICABLE LAW AND ARBITRATION .............................................................................. 21
SECTION 28. INDEMNIFICATION ................................................................................................................... 21
SECTION 29. FEDERAL GOVERNMENT LIABILITY .................................................................................... 21
SECTION 30. AUDIT .............................................................................................................................................. 21
SECTION 31. AUDIT EXCEPTIONS ................................................................................................................... 22
SECTION 32. UNALLOWABLE USE OF FUNDS ............................................................................................ 22
SECTION 33. INTEREST OF MEMBERS OF DEPARTMENT OF HOUSING AND OTHERS .............. 22
SECTION 34. ACCESS TO RECORDS, PARTICIPANTS AND STAFF ...................................................... 22
SECTION 35. IDENTIFICATION OF DOCUMENTS ..................................................................................... 22
SECTION 36. COPYRIGHT .................................................................................................................................. 23
SECTION 37. RIGHTS IN DATA ........................................................................................................................ 23
SECTION 38. FUNDING CONDITIONS ........................................................................................................... 23
SECTION 39. NON-DISCRIMINATION ........................................................................................................... 23
SECTION 40. THIRD PARTY ANTITRUST VIOLATIONS .......................................................................... 24
SECTION 41. COMPLIANCE REQUIREMENTS FOR A.R.S. § 41-4401—IMMIGRATION LAWS AND E-
VERIFY REQUIREMENT ................................................................................................................................... 24
SECTION 42. INSURANCE .................................................................................................................................. 24
SECTION 43. PRIVACY CONSIDERATIONS ................................................................................................. 27
SECTION 44. NOTICES ......................................................................................................................................... 27
SECTION 45. REGISTRATION WITH SOCIAL SERVE ................................................................................ 28
SECTION 46. ADOH SIGNAGE .......................................................................................................................... 28
SECTION 47. PHOTOGRAPHS ........................................................................................................................... 28
SECTION 48. STATE OF ARIZONA ................................................................................................................... 28
SECTION 49. A.R.S. § 35-393.01. ........................................................................................................................... 28
SECTION 50. A.R.S. § 1-501 RELATING TO FEDERAL PROGRAMS ........................................................ 28
Contract 538-25
FUNDING AGREEMENT
with
ARIZONA DEPARTMENT OF HOUSING
Table of Contents
REV. 07.01.2024
iii
ATTACHMENTS
A
Scope of Work
B
Performance Report/Schedule of Completion
C
Budget
D
Request for Payment Form
E
Special Conditions of the Agreement (per Notice of Funding Application or other conditions)
F
Certification and Other Requirements Relating to Title I or Title II Assistance
G
Authorizing Resolution(s)
H
Additional Provisions of the 2013 HOME Final Rule (Effective August 23, 2013)
Contract 538-25
Funding Agreement with
State of Arizona, Department of Housing
REV. 07.01.2024
1
AGREEMENT NO.
538-25
TERMINATION DATE
06/30/2025
FUNDING AGREEMENT
BETWEEN THE ARIZONA DEPARTMENT OF HOUSING
AND
MARICOPA COUNTY
ADMINISTERED BY THE
HUMAN SERVICES DEPARTMENT
FOR
HTF MARICOPA COUNTY HSD PREVENTING HOUSING INSECURITY (PHIFF)
This Funding Agreement is made by and between:
The Arizona Department of Housing (“ADOH”), located at, 1110 West Washington Street,
Suite 280, Phoenix, Arizona 85007, acting pursuant to A.R.S. § 41-3953 and (please select
applicable funding source):
Title I of the Housing and Community Development Act of 1974, as amended
(Community Development Block Grant) (“CDBG”).
Title II of the National Affordable Housing Act of 1990, as amended (HOME
Investments Partnerships Program) (“HOME”).
A.R.S. § 41-3955 (State Housing Trust Fund) (“HTF”).
A.R.S. § 41-3957 (State Housing Program Fund) (“HPF”).
S.B. 1720 Homeless Shelter and Services Fund (“HSSF”).
The AIDS Housing Opportunity Act of 1992, as amended, 42 U.S.C. Section 12902
(Housing Opportunities for Persons with HIV/AIDS) (“HOPWA”).
Title IV Part 578 of the McKinney-Vento Homeless Assistance Act of 1987, as amended,
42 USC. 11301 et seq. and the Continuum of Care Program regulations as amended by
the Homeless Emergency Assistance and Rapid Transition to Housing (HEARTH) Act
of 2009 (Continuum of Care) (“COC”).
Title I of the Housing and Economic Recovery Act of 2008, Section 1338 (Public Law
110-289). (National Housing Trust Fund) (“NHTF”).
Part A of the Energy and Conservation in Existing Buildings Act of 1976, as amended
and 42 U.S.C. Section 6861 (Department of Energy Weatherization Assistance Program
for Low Income Persons) (“DOE WAP”).
Contract 538-25
Funding Agreement with
State of Arizona, Department of Housing
REV. 07.01.2024
2
Title IV Energy Conservation and Production Act (ECPA), as amended; and 42 U.S.C.
Section 6861, et. seq. including WAP regulations contained in 10 CFR 440, DOE
Financial Assistance Rules at 2 CFR 200 and the Bipartisan Infrastructure Law
(Infrastructure Investment and Jobs Act), Public Law 117-58. (“DOE WAP BIL”).
H.R 2471, the Consolidated Appropriations Act, 2022 establishing the Weatherization
Readiness Fund (“DOE WRF”).
Low Income Energy Assistance Act of 1981, as amended, 42 U.S.C. Section 8621-8630,
(Low Income Home Energy Assistance Program) (“LIHEAP WAP”).
Southwest Gas Corporation, Weatherization Assistance Program (“SWG WAP”).
Arizona Public Service, Weatherization Assistance Program (“APS WAP”).
Salt River Project, Weatherization Assistance Program (“SRP WAP”).
Section 8071 of the SUPPORT for Patients and Communities Act. Pub. L. 115-271,
approved October 24, 2018 referred to as Recovery Housing Program (“RHP”).
Coronavirus State and Local Fiscal Recovery Funds, established by the American
Rescue Plan at 31 CFR Part 35 (“SLFRF” or “SFRF”)
and
MARICOPA COUNTY HUMAN SERVICES DEPARTMENT
(Entity)
An Arizona County (“Recipient”) UEI #MHLNFHVYWDD9, located at
234. N. CENTRAL AVE 3RD FLOOR
Street
PHOENIX, AZ 85004
City State Zip
In consideration of the mutual representations and obligations hereunder,
ADOH and Recipient agree as follows:
Section 1. FUNDS PROVIDED
ADOH agrees to provide $892,248.00 in the following type of funds to Recipient in
accordance with this Agreement. ADOH is entitled to change the funding sources as described
in this section, in its sole discretion, so long as the total amount of funds to be disbursed is not
affected thereby.
Contract 538-25
Funding Agreement with
State of Arizona, Department of Housing
REV. 07.01.2024
3
CDBG, CFDA # 14.228, FAIN #
Federal Fiscal Year
$
HOME, CFDA # 14.239, FAIN #
Federal Fiscal Year
$
HTF
State Fiscal Year 2024
$892,248.00
HPF
State Fiscal Year
$
HSSF
State Fiscal Year
$
HOPWA, CFDA # 14.241, FAIN #
Federal Fiscal Year
$
COC, CFDA # 14.267, FAIN #
Federal Fiscal Year
$
NHTF, CFDA # 14.275, FAIN #
Federal Fiscal Year
$
DOE WAP, CFDA # 81.042, FAIN #
Federal Fiscal Year
$
DOE WAP BIL, CFDA # 81.042, FAIN #
Federal Fiscal Year
$
DOE WRF, CFDA # 81.042, FAIN #
Federal Fiscal Year
$
Contract 538-25
Funding Agreement with
State of Arizona, Department of Housing
REV. 07.01.2024
4
LIHEAP WAP (through ISA with AzDES); CFDA # 93.568, FAIN #
Federal Fiscal Year
$
SWG WAP
State Fiscal Year
$
APS WAP
State Fiscal Year
$
SRP WAP
State Fiscal Year
$
RHP; CFDA #14.228, FAIN #
State Fiscal Year
$
SFRF (through ISA with Office of the Governor): CFDA # 21.027, FAIN #
State Fiscal Year
$
Section 2. OTHER FUNDS
If applicable, Recipient agrees to secure funding other than that listed in Section 1 for
the completion of this Agreement as indicated in the Budget attached hereto as Attachment C.
ADOH reserves the right to rescind some or all of the funding committed through this
Agreement if other funding sources become unavailable.
Section 3. ACCEPTANCE OF FUNDS
Recipient hereby accepts the award of funds under the terms of this Agreement and
agrees to execute and return this Agreement to ADOH within thirty (30) days of receipt unless
Recipient receives a written waiver of this requirement by ADOH.
Section 4. DURATION
This Agreement shall be effective beginning on the date of execution by ADOH and
shall remain in effect until 12/31/2025 unless sooner terminated, extended or otherwise
amended in accordance with the terms of this Agreement.
Contract 538-25
Funding Agreement with
State of Arizona, Department of Housing
REV. 07.01.2024
5
Section 5. INCORPORATION OF TERMS FOR COMPLIANCE WITH PROGRAM
REQUIREMENTS AND APPLICABLE STATE AND FEDERAL LAW
Recipient shall carry out each activity in compliance with all applicable State and
Federal laws, Federal regulations and other requirements including, but not limited to, the
provisions indicated as marked below and hereby incorporated into this Agreement, as if fully
set forth herein. Also incorporated into this Agreement as applicable, are the terms of any
resolution authorizing Recipient's application for funds, which is attached hereto as
Attachment G, Authorizing Resolution(s) and any Special Conditions of the Agreement
attached hereto as Attachment E.
CDBG funds require adherence to the following provisions as revised: (1) 24 CFR Part
570; (2) Certification and Other Requirements Relating to Title I Assistance attached hereto
as Attachment F; (3) the provisions contained in the State of Arizona Consolidated Plan;
(4) ADOH ERR Handbook; (5) ADOH Labor Standards Handbook; (6) CDBG Application
Handbook; (7) CDBG Grant Administration Handbook; and (8) CDBG Procurement,
Contracts and Acquisition Handbook (collectively “the Incorporated Documents”) as each
may be amended from time to time. In the event of a conflict between the terms of this
Agreement and the terms of the Incorporated Documents, the terms of this Agreement
shall govern.
HOME funds require adherence to the following provisions as revised: (1) 24 CFR Part
92; (2) Certification and Other Requirements Relating to Title II Assistance attached hereto
as Attachment F; (3) the provisions contained in the State of Arizona Consolidated Plan;
(4) ADOH ERR Handbook; (5) ADOH Labor Standards Handbook; and (6) the State Housing
Fund Program Summary and Application Guide.
HTF funds require adherence to the State Housing Fund Program Summary and
Application Guide as revised.
HPF funds require adherence to the Special Needs Housing Manual as revised.
HSSF funds require adherence to S.B. 1720 and the Notice of Funds Available issued
for acceptance of applications for HSSF funding.
COC funds require adherence to the following provisions as revised: (1) 24 CFR Part
578; and (2) the Special Needs Housing Manual.
HOPWA funds require adherence to the following provisions as revised: (1) 24 CFR
Part 574; and (2) the Special Needs Housing Manual.
NHTF requires adherence to the following provisions as revised: (1) 24 CFR Parts 91
and 93, Housing Trust Fund Interim Rule; (2) the provisions contained in the State of
Arizona Consolidated Plan; (3) State Housing Fund Program Summary and Application
Guide; (4) State of Arizona Qualified Allocation Plan; and (5) National Housing Trust
Fund Allocation Plan.
Contract 538-25
Funding Agreement with
State of Arizona, Department of Housing
REV. 07.01.2024
6
DOE WAP, DOE WAP BIL and DOE WRF funds require adherence to the following
provisions as revised: (1) 10 CFR Part 440 as revised; (2) the Arizona Weatherization
Assistance Program State Plan (State Plan); (3) Health and Safety Plan (HSD Plan); (4) the
Arizona Weatherization Policies and Procedures Handbook; (5) Arizona Weatherization
Assistance Program Field Guide; (6) Standard Work Specifications; and (7) DOE WPN 22-4
Quality Work Plan.
LIHEAP WAP funds require adherence to the following provisions: (1) 45 CFR Part 96
as revised; (2) the Arizona Weatherization Assistance Program State Plan (State Plan); (3)
Health and Safety Plan (HSD Plan); (4) the Arizona Weatherization Policies and Procedures
Handbook; (5) Arizona Weatherization Assistance Program Field Guide; (6) Standard Work
Specifications; and (7) WAP Memorandum 15-10 Quality Management Plan.
SWG WAP, APS WAP or SRP WAP funds require adherence to the following
provisions: (1) the Arizona Weatherization Assistance Program State Plan (State Plan); (2)
Health and Safety Plan (HSD Plan); (3) the Arizona Weatherization Policies and Procedures
Handbook; (4) Arizona Weatherization Assistance Program Field Guide; (5) Standard Work
Specifications; and (6) WAP Memorandum 15-10 Quality Management Plan.
SFRF funds require adherence to the terms and conditions of the State Fiscal Recovery
Funds such that the following costs shall be paid to the Recipient for the protection of
homeless individuals and homeless families in the time of the COVID-19 crisis through
costs specifically outlined in the Scope of Work described in Section 6 below.
Section 6. SCOPE OF WORK
Recipient agrees to utilize all funds made available under this Agreement only for the
purpose of implementing the Scope of Work hereby incorporated into this Agreement and
described in Attachment A.
Revisions to Scope of Work. Recipient agrees to follow the procedures indicated as
marked below regarding changes to the Scope of Work.
Revisions to the Scope of Work that change the manner in which an activity is to be
executed or that change final outcome such as number of units, feet of utility line, number of
households served, square footage of building, etc. require written approval from ADOH. The
following substantial revisions to the Scope of Work require written amendment to this
Agreement:
(a)
The purpose of the project changes;
(b)
The location of the project changes;
(c)
A project activity is added, deleted or altered such that it becomes a different
activity;
Contract 538-25
Funding Agreement with
State of Arizona, Department of Housing
REV. 07.01.2024
7
(d)
The beneficiary of any activity changes;
(e)
Recipient is requesting a change to the loan or grant terms. Recipient must
submit a written request for an Agreement amendment to ADOH, with a
revised Scope of Work attached;
(f)
The ownership entity changes; and
(g)
Any other changes that involve program requirements.
ADOH will respond to the written request within fourteen (14) business days.
Amendments may not be implemented until ADOH consents in writing and an amendment
to the Agreement has been executed.
Section 7. REPORTS
Recipient shall be responsible for providing various reports of all activities related to
this Agreement as identified below and as requested by ADOH or HUD. Recipient shall also
provide to ADOH any additional written information requested by ADOH in a timely manner
and within reasonable deadlines as shall be set by ADOH.
7.1
Performance Report. Recipient agrees to submit the ADOH Performance Report
respective of the types of projects indicated below and attached as Attachment B.
HOME, NHTF, HTF funded rental development projects (“Rental Projects”) or HPF
funded rapid rehousing projects: Recipient must submit a Bimonthly Performance Report
attached hereto as Attachment B. The Bimonthly Progress Report must be submitted
to ADOH on the 20th of January, March, May, July, September and November and
address activities of the preceding two (2) months (i.e. the January report covers the
months of November and December).
HOME, HTF and CDBG non-rental projects (“HOME, HTF and CDBG Non-Rental
Projects”). Recipient must submit a Monthly Progress Report attached hereto as
Attachment B. The Monthly Progress Report must be submitted to ADOH on the 20th
of each month and address activities of the preceding one (1) month (i.e. the July report
covers the month of June). Failure to submit timely Monthly Progress Reports will
result in suspension of payment reimbursement requests until such reports are brought
current.
HSSF funded assistance for persons who are homeless (“Homeless Shelter and
Services Projects”). Recipient must submit a Quarterly Performance Report attached
hereto as Attachment B. The Quarterly Progress Report follows the state fiscal year
from July 1 through June 30 and must be submitted to ADOH on the 20th day of
October, January, April and July and address activities of the preceding quarter (i.e.
the October report covers the months of July through September).
Contract 538-25
Funding Agreement with
State of Arizona, Department of Housing
REV. 07.01.2024
8
HOPWA funded rental assistance and services (“HOPWA Projects”). A Recipient of
HOPWA awarded funding shall administer said program in the contract term as set
forth in Section 4 and submit one (1) HUD Consolidated Annual Performance Evaluation
Report (CAPER) in accordance with the schedule set forth in Attachment B no later than
sixty (60) days following the end of Fiscal Year date which is June 30th annually.
COC funded assistance for persons who are homeless (“Homeless Projects”). ADOH
is required to administer the program during the contract term, which is synonymous
with the HUD grant term and as set forth in Section 4. Recipient must submit a
Bimonthly Performance Report attached hereto as Attachment B. The Bimonthly Progress
Report must be submitted to ADOH on the 20th of January, March, May, July,
September and November and address activities of the preceding two (2) months (i.e.
the January report covers the months of November and December). Recipient shall
submit Annual Progress Report (APR) data from HMIS to ADOH, no later than thirty
(30) days following the contract termination date listed on Page 1 of the Agreement.
DOE WAP, DOE WAP BIL, DOE WRF, LIHEAP WAP, SWG WAP, APS WAP and
SRP WAP funded projects (“Weatherization Projects”). Recipient must submit a
Monthly Performance Report attached hereto as Attachment B. The Monthly
Performance Report must be submitted to ADOH on the 30th (for the month of
February, the last calendar day of the month) of each month and address activities of
the preceding month (i.e. the January 30th report covers the month of December).
SFRF funded projects (“SFRF Projects”). Recipient must submit a Monthly Performance
Report attached hereto as Attachment B. The Monthly Performance Report must be
submitted to ADOH on the 30th of each month and address activities of the preceding
month (i.e. the April report covers the month of March).
7.2
Contract
Closeout—Completion
Reports
and
Post-Funding
Audits.
Recipient's obligation to ADOH under this Agreement shall not end until all closeout
requirements described in this paragraph are completed. ADOH will notify Recipient in
writing that a Completion Report is due to ADOH within sixty (60) days of one (1) of the
following occurrences:
(a)
The funds have been expended;
(b)
The Scope of Work has been completed;
(c)
The contract period set forth in this Agreement has expired; or
(d)
The Agreement has been otherwise terminated.
The Completion Report shall contain the information identified in the notice.
Following the receipt and approval of the Completion Report, ADOH will notify
Recipient in writing that the Agreement is administratively closed.
Contract 538-25
Funding Agreement with
State of Arizona, Department of Housing
REV. 07.01.2024
9
After the project is administratively closed, Recipient must submit all required audits
to ADOH. All audits for fiscal years in which Recipient received funds from ADOH must be
received, reviewed and found to be satisfactory by ADOH. In the event that ADOH
determines that any project costs described in a post-funding audit are unjustified or describe
ineligible activities, Recipient will be required to refund such monies back to ADOH.
Section 8. SCHEDULE OF COMPLETION
Recipient agrees to make progress with the Scope of Work in accordance with the
Schedule of Completion hereby incorporated into this Agreement and described in Attachment
B.
Revisions to the Schedule of Completion. Recipient agrees to follow the procedures
indicated as marked below regarding changes to the Schedule of Completion.
Rental Projects funded with HOME or HTF. Recipient must notify ADOH of
revisions to the Schedule of Completion using the Bimonthly Performance Report, attached
hereto as Attachment B. To the extent that the changes cause the schedule timeline to
be extended, Recipient must submit a written request for a contract amendment to
ADOH with a revised Schedule of Completion attached. Contract amendment requests
must be received by ADOH a minimum of thirty (30) days prior to the contract
expiration date. ADOH will respond to the written request within fourteen (14)
business days. Amendments may not be implemented until ADOH consents in
writing and an amendment to the Agreement has been executed.
Non-Rental Projects funded with HOME, HTF and CDBG. Recipient must notify
ADOH of revisions to the Schedule of Completion using the Monthly Performance Report,
attached hereto as Attachment B. To the extent that the changes cause the schedule
timeline to be extended, Recipient must submit a written request for a contract
amendment to ADOH with a revised Schedule of Completion attached. Contract
amendment requests must be received by ADOH a minimum of thirty (30) days prior
to the contract expiration date. ADOH will respond to the written request within
fourteen (14) business days. Amendments may not be implemented until ADOH
consents in writing and an amendment to the Agreement has been executed.
Homeless Projects funded with HTF, HPF, HSSF or COC. To the extent that the
changes cause the schedule timeline to be extended, Recipient must submit a written
request for a contract amendment to ADOH with a revised Schedule of Completion and
Performance Report attached. Contract amendment requests must be received by
ADOH a minimum of thirty (30) days prior to the contract expiration date. ADOH will
respond to the written request within fourteen (14) business days. Amendments may
not be implemented until ADOH consents in writing and an amendment to the
Agreement has been executed.
Contract 538-25
Funding Agreement with
State of Arizona, Department of Housing
REV. 07.01.2024
10
Weatherization. Projects funded with DOE WAP, DOE WAP BIL, DOE WRF,
LIHEAP, SWG WAP APS WAP and/or SRP WAP. Recipients will have twelve (12)
months to complete the Scope of Work with no extensions. ADOH may, based on a
review of the progress of Recipient completed units and expenditures, move funds
from a non or under-performing Recipient to a Recipient meeting or exceeding their
performance goals. ADOH will review the performance of the Recipient on a monthly
basis. The first re-allocation of funds if applicable would occur at approximately four
(4) months with additional re-allocations made on an as needed basis.
SFRF Projects. To the extent that the changes cause the schedule timeline to be
extended, Recipient must submit a written request for a contract amendment to ADOH
with a revised Schedule of Completion and Performance Report attached. Contract
amendment requests must be received by ADOH a minimum of thirty (30) days prior
to the contract expiration date. ADOH will respond to the written request within
fourteen (14) business days. Amendments may not be implemented until ADOH
consents in writing and an amendment to the Agreement has been executed.
Section 9. BUDGET
Recipient agrees to use the funds provided pursuant to this Agreement in accordance
with the Budget that is attached as Attachment C. Recipient further agrees that any project
costs, unless otherwise specified, exceeding the Budget shall be the sole responsibility of
Recipient.
Availability of funding under this Agreement is contingent on final review and
approval of the Budget. Budgetary considerations for specific programs are described below:
CDBG Revisions to the Budget. Recipient must obtain written approval from ADOH
to move funds from one Budget Activity Line Item to another. The following
substantial revisions to the Budget require a contract amendment:
(a)
Funds are moved from one Budget Activity Line Item to another and the change
in the Budget Activity Line from which it is moved or to which it is being moved
exceeds fifty percent (50%), unless the move is from administration to a non-
administration activity, in which case only written notice without a contract
amendment is required;
(b)
Additional funding sources are added to the Project;
(c)
Recipient is requesting a change to the grant terms.
HOME, HOPWA, HPF, NHTF and HTF Revisions to the Budget. Recipient must
obtain prior written approval from ADOH to move funds from one Budget Activity
Line Item to another. ADOH will only approve changes to the Budget for eligible costs
as outlined in the State Housing Fund program. The following substantial revisions to
the Budget require a contract amendment:
Contract 538-25
Funding Agreement with
State of Arizona, Department of Housing
REV. 07.01.2024
11
(a)
Additional funding sources are added to the project which require a project to be
re-underwritten to determine gap;
(b)
Recipient is requesting a change to the loan terms.
HSSF and SFRF Revisions to the Budget. Recipient must obtain written approval
from ADOH to move funds from one Budget Activity Line Item to another. ADOH
will only approve changes to the Budget for eligible costs.
WEATHERIZATION Revisions to the Budget. Recipient must obtain written
approval from ADOH to move funds from one Budget Activity Line Item to another.
ADOH will only approve changes to the Budget for eligible costs. Administration,
Technical Assistance and Health and Safety line items cannot be increased unless the
overall award of funds increases.
See Section 10 for changes that affect the Budget.
Recipient shall not retain any funds that are drawn down in excess of immediate cash
needs (to be utilized within fifteen (15) days of draw down) to cover subsequent requests for
reimbursement and must return them to ADOH within thirty (30) days of receipt. Recipient
must also return to ADOH any interest that is earned on these funds that are drawn down and
not expended for eligible costs within fifteen (15) days of draw down.
Section 10. AMENDMENTS AND MODIFICATIONS
ADOH may consent to amendment or modification of this Agreement upon written
request of Recipient. All amendments or modifications to this Agreement shall be by mutual
consent of the parties in writing.
Requests for amendments or modifications that result in changes to the Budget must
be supported by a revised Budget that is otherwise consistent with Section 9.
ADOH will respond to the request for amendment or modification to this Agreement
within fourteen (14) business days.
Section 11. ENVIRONMENTAL REVIEW CONDITIONS
In accordance with 24 CFR 50 and 24 CFR 58 (“Environmental Review”), the
environmental effects of each activity carried out with federal funds must be assessed. Local
government entities are responsible for conducting environmental reviews and requesting a
release of funds from ADOH. Non-profits and other non-governmental entities are
responsible for conducting Environmental Reviews before ADOH requests a release of funds
from HUD. Completion of the Environmental Review Record (“ERR”) is mandatory before
taking any physical action on a site or entering into contracts. Only exempt activities such as
Contract 538-25
Funding Agreement with
State of Arizona, Department of Housing
REV. 07.01.2024
12
architecture, engineering and administration may be undertaken and reimbursed by ADOH
prior to receiving a written release of funds. Exempt activities described in 24 CFR 58.34(a)(1)-
(11) are activities that generally have no physical impact on the environment. If federal funds
are involved in a project, neither federal nor non-federal funds may be expended or committed
by contract (conditional or not) for property acquisition, rehabilitation, conversion, lease,
repair or construction activities, until HUD or ADOH has provided written authorization
based on approval of an ERR.
An option agreement (to purchase land) on a proposed site or property is allowable
prior to the completion of the Environmental Review if the option agreement is contingent
upon an ADOH or HUD authorization to use funds based on a completed ERR. The cost of
the option must be a nominal portion of the purchase price.
Projects funded solely with Housing Trust Funds do not require an ERR but are
required to meet the requirements of the State Historic Preservation Act by consulting with
the State Historic Preservation Office (SHPO). For State Housing Funded projects, Phase I
Environmental Assessments are required to be completed on properties for which new
construction/change in use is proposed, regardless of whether federal or state funds are the
source of funding. Expenditures incurred or obligated by construction contract prior to
ADOH’s release of funds or consultation with SHPO will not be reimbursed by ADOH.
Recipients who had committed or expended non-federal funds to begin a project before
receiving the authorization from ADOH or HUD may still be eligible to use federal funds on
the project under the following circumstances:
(a)
Recipients started the project without the intention of using federal assistance (i.e.
as evidenced by other anticipated funding, the original project budget, etc.);
(b)
All work on the project ceases once an application for federal funds is made and
an ERR is begun on all activities (i.e. acquisition, construction, etc.). ADOH or
HUD provides authorization to proceed based on the completed ERR.
WEATHERIZATION (DOE WAP, DOE WAP BIL, DOE WRF, LIHEAP WAP). DOE
has made a final NEPA determination for all activities under this Funding Agreement
that are listed in the State Plan formally approved by DOE and incorporated into this
Funding Agreement. Recipients are responsible for compliance with Section 106
pursuant to 36 CFR Part 800.2 (c)(4).
Section 12. APPLICATION AND OTHER PRE-AWARD COSTS
Recipient may use a portion of the funds provided hereunder to reimburse itself for
exempt activities pursuant to 24 CFR 58.34(a)(1)-(11) such as architecture, engineering, testing
and sampling of asbestos and capital needs assessments and environmental reviews.
Contract 538-25
Funding Agreement with
State of Arizona, Department of Housing
REV. 07.01.2024
13
CDBG. If Recipient is receiving funding under this Agreement from the CDBG
program, in accordance with federal procedures, Recipient may use funds provided
hereunder to reimburse it or to pay for costs incurred in preparing the application. In
no event shall such compensation exceed eighteen percent (18%) of the total funding
provided to Recipient by ADOH.
Section 13. COMPENSATION AND METHOD OF PAYMENT
Subject to availability of and receipt of funds from the State’s Unclaimed Property Fund
(for state HTF funds) and/or the United States Treasury (for HOME, CDBG, COC, NHTF
HOPWA, HSSF, DOE WAP, DOE WAP BIL, DOE WRF and LIHEAP WAP funds) and the
commitment of other required funding as indicated in Recipient's application, ADOH agrees
to reimburse or advance Recipient for authorized expenditures according to the Budget in
Attachment C.
Recipient must maintain invoices and other similar documentation to support payment
expenses under those generally accepted accounting principles and procedures approved by
ADOH and outlined in 2 CFR 200 as applicable; 24 CFR Parts 44, 92 and 570 as applicable; and
10 CFR 440 and 600 as applicable.
Recipient may request funds only after the date of the executed Agreement and other
legal documents as applicable, provided Recipient has satisfied ADOH funding contingencies
and federal Environmental Review conditions. Requests for reimbursement must be made
using the ADOH Request for Payment form hereby incorporated into this Agreement and
attached as Attachment D. For construction projects, Release of Lien documents must be
attached to the Request for Payment in amounts proportionate to contractor reimbursement
requests.
Recipient must maintain proof of said expenditures including checks, payrolls, time
records, invoices, contracts, vouchers, orders and other accounting documents evidencing in
proper detail the nature and propriety of the respective charges as may be required by
applicable federal rules and regulations, including requirements by the Federal Office of
Management and Budget, and as may be otherwise reasonably required to permit ADOH to
determine or confirm that any such expenditures are prudent and within the Scope of Work.
Recipient’s right to incur expenses under this Agreement shall cease upon expiration
of this Agreement. All requests for reimbursement on expenditures made prior to expiration
of this Agreement must be requested within sixty (60) days after expiration. Unless expressly
authorized by ADOH in writing, expenditures not requested within the sixty (60) day period
after expiration of this Agreement shall be disallowed and all funds shall be reclaimed by
ADOH.
Contract 538-25
Funding Agreement with
State of Arizona, Department of Housing
REV. 07.01.2024
14
Section 14. FUNDS RECOUPED BY RECIPIENT, INTEREST AND PROGRAM
INCOME
14.1
Definitions. For purposes of this section, the following definitions shall apply:
“Funds Recouped by Recipient” means funds initially provided by ADOH to
Recipient under this Agreement and any matching contributions that are recouped by
Recipient when: (1) the funds provided by ADOH under this Agreement or matching
contributions or the proceeds of funds provided by ADOH (including, but not limited to,
equipment or housing) do not continue to be used for an approved purpose or eligible activity,
as described in applicable law or regulations, for the full period of affordability required by
this Agreement; or (2) when a State-assisted homeownership housing does not continue to be
the principal residence of the assisted homebuyer for the full affordability period required by
this Agreement. Funds Recouped by Recipient are subject to all the requirements of Program
Income described below with the exception that Recipient shall not use Funds Recouped by
Recipient for administrative purposes. For this reason, Recipient must separately account for
all Funds Recouped by Recipient.
“Interest” means any compensation paid or to be paid for the use or deposit of the
funds provided by ADOH to Recipient under this Agreement.
“Program Income” means gross income received by Recipient directly generated from
the use of funds provided by ADOH under this Agreement. When Program Income is
generated by housing that is only partially assisted with funds provided by ADOH under this
Agreement or matching contributions, the income shall be prorated to reflect the percentage
of funds provided by ADOH under this Agreement. Program Income includes, but is not
limited to, the following: (1) proceeds from the disposition by sale or long-term lease of real
property purchased or improved with funds provided by ADOH under this Agreement; (2)
gross income from the use or rental of real or personal property acquired by Recipient with
funds provided by ADOH under this Agreement, less costs incidental to generation of the
income; (3) payments of principal and interest on loans made using funds provided by ADOH
under this Agreement or matching contributions; (4) proceeds from the sale of loans made
with funds provided by ADOH under this Agreement or matching contributions; (5) proceeds
from sale of obligations secured by loans made with funds provided by ADOH under this
Agreement or matching contributions; (6) Interest earned on Program Income pending its
disposition; (7) proceeds from the disposition of equipment purchased with CDBG funds; (8)
gross income from the use or rental of real property, owned by Recipient, that was constructed
or improved with funds provided by ADOH under this Agreement, less costs incidental to
generation of the income; (9) if the funds provided by ADOH under this Agreement are from
the CDBG Program, funds collected through special assessments made against properties
owned and occupied by households not of low and moderate income, where the assessments
are used to recover all or part of the CDBG portion of a public improvement; and (10) if the
funds provided by ADOH under this Agreement are from the HOME Program, any other
Contract 538-25
Funding Agreement with
State of Arizona, Department of Housing
REV. 07.01.2024
15
interest or return on the investment permitted under 24 C.F.R. Part 92.205(b) of HOME funds
or matching contributions.
14.2
Use of Program Income and Funds Recouped by Recipient.
Recipient is not authorized by ADOH to retain and reuse Program Income, Funds
Recouped by Recipient or accrued Interest as described in the following paragraph(s) except
as authorized by ADOH through a written agreement.
Recipient must return all Program Income, Funds Recouped by Recipient and Interest
to ADOH within thirty (30) days of receipt.
Recipient must remit to ADOH any Program Income, Funds Recouped by Recipient or
Interest on hand at the time of expiration, cancellation, or termination of this Agreement or
subsequently received by Recipient within thirty (30) days of receipt by Recipient.
Section 15. DE-OBLIGATION, RECAPTURE AND REPAYMENT OF FUNDS
15.1
De-obligation. ADOH may reduce funds from the funding award evidenced
by this Agreement without regard to the source of funding, under the following circumstances:
(1) Recipient has completed performance under the Scope of Work (Attachment A) without
using all of the funds provided by ADOH under this Agreement; (2) this Agreement expires
and not all funds have been expended; (3) ADOH’s original allocation was a loan and
Recipient or Sub-recipient paid the loan; (4) Recipient, with the consent of ADOH, cancelled
or changed an activity required under the Scope of Work for reasons other than non-
performance; or (5) Recipient receives Program Income that has not been included in the
budget or set forth in the Scope of Work; and (6) this Agreement has otherwise been terminated.
ADOH may de-obligate funds under this Agreement under the foregoing circumstances upon
written notice to Recipient.
15.2
Reallocation of De-obligated HOME or State HTF Funds. If the funds
provided by ADOH under this Agreement are from the State HTF or the HOME Program,
ADOH may reallocate funds that it has de-obligated under this Agreement as it determines in
its sole discretion.
15.3
Reallocation of De-obligated CDBG Funds. If the funds provided by ADOH
under this Agreement are from the CDBG Program, ADOH may reallocate funds that it has
de-obligated under this Agreement to Recipient from which the funds were de-obligated for
use under an existing or new funding contract of the same funding year if Recipient can
immediately commit the reallocated funds to a project and execute a new or amended funding
contract within sixty (60) calendar days of the reallocation. If ADOH is not able to reallocate
funds that it has de-obligated under this Agreement in accordance with the foregoing sentence
of this subsection, ADOH may reallocate those funds as it determines in its sole discretion.
Contract 538-25
Funding Agreement with
State of Arizona, Department of Housing
REV. 07.01.2024
16
15.4
Recapture. ADOH may reduce funds from the amount of the funding award
evidenced by this Agreement, without regard to the source of funding, under the following
circumstances: (1) ADOH determines that Recipient has failed to use the funds provided by
ADOH under this Agreement in compliance with the terms of this Agreement or the
requirements of applicable laws and regulations (non-compliance); or (2) Recipient fails to
perform in accordance with the performance obligations set forth in the Scope of Work
(Attachment A ) and the Schedule of Completion (Attachment B) or the terms of this Agreement.
ADOH may recapture funds under this Agreement under the foregoing circumstances upon
written notice to Recipient.
15.5
Reallocation of Recaptured Funds. ADOH may reallocate funds that it has
recaptured under this Agreement, without regard to the source of funding, as it determines in
its sole discretion.
15.6
Repayment of Funds. Recipient agrees to repay funds provided under this
contract if ADOH determines that Recipient has failed to use the funds provided by ADOH
under this Agreement in compliance with the terms of this Agreement or the requirements of
applicable laws and regulations. ADOH may specify in writing the terms of the repayment or
alternative terms in lieu of repayment; however, in no case shall repayment or alternative
terms be accomplished later than 180 days following the written determination of non-
compliance by ADOH.
Section 16. REVERSION OF ASSETS
16.1
Funds Remaining at Expiration. Upon expiration of this Agreement, Recipient
shall transfer to ADOH any unexpended funds advanced to Recipient by ADOH under this
Agreement.
16.2
Real Property Acquired or Improved with CDBG Funds. Upon expiration of
this Agreement, any real property under Recipient's control that was acquired or improved in
whole or in part with CDBG funds, for non-owner occupied use, provided to Recipient by
ADOH under this Agreement (including CDBG funds provided to Recipient in the form of a
loan) in excess of $25,000, shall either: (1) be used to meet one of the national objectives in 24
CFR Part 570.208 until five (5) years after expiration of this Agreement, or for such longer
period of time as determined to be appropriate by Recipient; or (2) not be used in accordance
with 24 CFR Part 570.503(b)(8)(i), in which event Recipient shall pay to ADOH an amount
equal to the current market value of the property less any portion of the value attributable to
expenditures of non-CDBG funds for the acquisition of, or improvement to, the property. No
payment is required after the period of time specified in 24 CFR Part 570.503 (b)(8)(i).
16.3
Real Property Acquired or Improved with HOME Funds. Upon expiration of
this Agreement, any real property under Recipient's control that was acquired or improved in
whole or in part with HOME funds, for non-owner occupied uses, provided to Recipient by
ADOH under this Agreement (including funds provided to Recipient in the form of a loan),
Contract 538-25
Funding Agreement with
State of Arizona, Department of Housing
REV. 07.01.2024
17
must be occupied only by households that are eligible as low-income families and must meet
the requirements to qualify as affordable housing and is subject to encumbrances and
obligations described in any applicable Declaration of Conditions, Covenants and Restrictions
(“CC&Rs”) for the period of affordability set forth in 24 CFR Part 92.252.
16.4
Real Property Acquired or Improved with State Housing Trust Funds. Upon
expiration of this Agreement, any real property under Recipient's control that was acquired or
improved in whole or in part with state HTF funds, for non-owner occupied uses, provided to
Recipient by ADOH under this Agreement (including funds provided to Recipient in the form
of a loan), must be occupied only by households that are eligible as low-income families and
must meet the requirements to qualify as affordable housing and is subject to encumbrances
and obligations described in any applicable Declaration of CC&Rs for the period of
affordability set forth in the CC&Rs.
Section 17. DEPARTMENT OF HOUSING RESPONSIBILITIES
ADOH shall monitor and evaluate Recipient to determine compliance with and
performance under this Agreement. A summary of discrepancies noted by ADOH during
monitoring visits will be specified in writing. Appropriate time for correction of discrepancies
will be specified in the written report to Recipient. ADOH shall follow up on discrepancies to
ensure that they have been corrected in a timely manner. The failure of ADOH to require
timely performance of any provision of this Agreement shall in no way affect the right of
ADOH thereafter to enforce such provision nor shall the waiver of any succeeding breach of
such provision act as waiver of the provision itself.
ADOH shall provide reasonable technical assistance to assist Recipient to comply with
program requirements for the provision of services under this Agreement. However, this in
no way relieves Recipient of full responsibility for its acts or omissions in the performance of
activities required by this Agreement.
Section 18. SUBCONTRACTING
Recipient shall not disburse any funds received under this Agreement without fully
completed written agreements with subcontractors requiring they follow all provisions of this
Agreement and a completed Environmental Review pursuant to Section 11 of this Agreement.
The use of subcontractors does not relieve Recipient of responsibility for ensuring the
administration of the provided funds in accordance with all applicable program requirements.
Recipient is responsible for determining the adequacy of performance under subcontractor
agreements and procurement contracts and for taking appropriate action when performance
issues arise.
Section 19. FAILURE TO MAKE PROGRESS
Contract 538-25
Funding Agreement with
State of Arizona, Department of Housing
REV. 07.01.2024
18
Failure of Recipient to make progress according to the Schedule of Completion,
attached hereto as Attachment B may result in contract termination, de-obligation of funds or
recapture of funds. Recipient agrees to meet with ADOH at the site in which the funded
activity is taking place to discuss progress and allow ADOH to provide technical assistance if:
(a)
Recipient fails to begin work on its Environmental Review pursuant to Section 11
within the sixty (60) calendar days from the date ADOH executes this Agreement;
(b)
Recipient fails to expend any funds in performance of and in accordance with the
terms of this Agreement within ninety (90) calendar days from the inception date
of this Agreement.
ADOH will terminate any Agreement and recapture funds from the same Agreement in which
Recipient does not commence any of the activities described in the Scope of Work (Attachment
A) or fails to expend any funds in accordance with the Budget (Attachment C) within 180
calendar days from the full execution date of this Agreement. ADOH may in its sole
discretion, forgo providing technical assistance and recapture funds as outlined in this
Agreement under Section 15.4 hereof and/or terminate this Agreement for cause pursuant to
Section 20 of this Agreement.
Section 20. TERMINATION FOR CAUSE
ADOH may terminate this Agreement in whole or in part at any time whenever it
determines that Recipient has failed to comply with the conditions hereof including, but not
limited to the Scope of Work set forth in Attachment A, Schedule of Completion set forth in
Attachment B and Budget set forth in Attachment C to this Agreement. If ADOH so
determines, it shall notify Recipient in writing by certified mail, return receipt requested, of
such termination for cause with such notification to include the reason(s) for the termination
and the effective date of termination. If ADOH terminates this Agreement pursuant to this
Section, ADOH shall recapture all funds allocated to Recipient under this Agreement pursuant
to Section 15.4 hereof and obtain repayment of funds expended pursuant to Section 15.6,
hereof.
Section 21. TERMINATION FOR CONVENIENCE
ADOH or Recipient may terminate this Agreement in whole or part (one (1) or more
activities) if either party believes that continuation will not produce beneficial results. If
ADOH so determines, it shall notify Recipient in writing by certified mail, return receipt
requested, of such termination for convenience and the effective date of termination. If
Recipient so determines, it shall notify ADOH in writing by certified mail, return receipt
requested, of such termination for convenience and the effective date of termination. If ADOH
terminates this Agreement pursuant to this Section, ADOH shall de-obligate, recapture or
receive repayment, as applicable, all funds allocated to Recipient under this Agreement
pursuant to Section 15 hereof.
Contract 538-25
Funding Agreement with
State of Arizona, Department of Housing
REV. 07.01.2024
19
Section 22. ENFORCEMENT
22.1
Remedies for Noncompliance. If Recipient materially fails to comply with any
term of this Agreement or applicable law, ADOH may take one or more of the following
actions, as appropriate in the circumstances:
(a)
Temporarily withhold cash payments pending correction of the deficiency by
Recipient or more severe enforcement action by the awarding agency;
(b)
Disallow (that is, deny both use of funds and matching credit for) all or part of
the cost of the activity or action not in compliance;
(c)
Wholly or partly suspend or terminate the award evidenced by this Agreement;
(d)
Withhold further awards to Recipient’s project funded by the award evidenced
by this Agreement;
(e)
Recapture funds and terminate contract;
(f)
Withhold future ADOH grant awards from all sources; or
(g)
Take other remedies that may be legally available.
22.2
Appealable Agency Action. Enforcement action taken under this section is an
appealable agency action pursuant to A.R.S., Title 41, Chapter 6, Article 10.
22.3
Effects of suspension and termination. Costs incurred by Recipient resulting
from obligations incurred by Recipient during a suspension or after termination of an award
are not allowable unless ADOH expressly authorizes them in the notice of suspension or
termination or subsequently.
22.4
Relationship to debarment and suspension. The enforcement remedies
identified in this section, including suspension and termination, do not preclude Recipient
from being subject to “Debarment and Suspension” under the United States President’s
Executive Order 12549.
Section 23. CANCELLATION
Pursuant to A.R.S. § 38-511, ADOH may, within three (3) years after its execution,
cancel this Agreement, without penalty or further obligation, if any person significantly
involved in initiating, negotiating, securing, drafting or creating this Agreement on behalf of
ADOH, at any time while this Agreement or any extension of this Agreement is in effect, is or
becomes an employee or agent of any other party to this Agreement in any capacity or a
consultant to any party of this Agreement with respect to the subject matter of the contract. A
cancellation notice made pursuant to this provision shall be effective when Recipient receives
written notice of the cancellation unless the notice specifies a later time.
Section 24. RECORDS RETENTION
Contract 538-25
Funding Agreement with
State of Arizona, Department of Housing
REV. 07.01.2024
20
Pursuant to A.R.S. § 35-214, Recipient shall retain and require that its subcontractors
retain for inspection and audit by ADOH, all books, accounts, reports, files including
information regarding actual beneficiaries of the fund, and other records relating to the
bidding and performance of this Agreement for a period of five (5) years following the date of
the letter informing Recipient of the Administrative Closeout or termination.
CDBG funded projects only: All CDBG records must be retained for at least three (3)
years after the grant agreement close out between HUD and ADOH has been approved
by HUD. ADOH will notify recipients of the records retention date of expiration for
CDBG funded projects.
WEATHERIZATION projects only: All records must be retained for at least three (3)
years after the grant agreement close out between DOE or SWG and ADOH has been
approved. ADOH will notify recipients of the records retention date of expiration for
Weatherization projects.
Upon request by ADOH, Recipient shall produce a legible copy of all such records at
the Administrative Office of ADOH or at the Office of the Auditor General. The original
records shall be available and produced for inspection and audit when required by ADOH or
the Auditor General.
Recipient shall maintain records that adequately identify the source and application of
the funds provided under this Agreement (including Program Income and Recaptured Funds)
as part of the financial transactions of their funding program, consistent with generally
accepted accounting principles and the requirements of 2 CFR 200. Recipient will provide
reports regarding the capture and reuse of Program Income and Recaptured Funds as
requested by ADOH from time to time.
In addition, in the event that the project resulted in Recipient holding any liens or notes
as a result of this funding, Recipient must retain all pertinent records for five (5) years beyond
the expiration or release of such liens or notes.
Section 25. NO OBLIGATION OF STATE GENERAL APPROPRIATIONS FUNDS
Nothing herein shall be construed as obligating state general appropriation funds,
excepting HTF funds or HSSF funds per S.B. 1720, for payment of any debt or liability of any
nature arising hereunder. The parties expressly recognize that all payments to be made by
ADOH are from federal funds, HTF and HSSF funds made available to ADOH for this
purpose.
Section 26. AVAILABILITY OF FUNDS
Payments under this Agreement are subject to the availability of the federal funds
provided to the ADOH for the HOME, CDBG, HOPWA, COC, NHTF, DOE WAP, DOE WAP
Contract 538-25
Funding Agreement with
State of Arizona, Department of Housing
REV. 07.01.2024
21
BIL, DOE WRF, LIHEAP, CCSNF and SFRF programs, the availability of state funds provided
for the state HTF, HPF and HSSF Programs and the availability of private funds provided for
the SWG WAP, APS WAP and SRP WAP programs. Every payment obligation of ADOH
under this Agreement is conditioned upon the availability of funds appropriated or allocated
for the payment of such obligation. If funds are not allocated and available for the continuance
of this Agreement, this Agreement may be terminated by ADOH at the end of the period for
which funds are available. No liability shall accrue to ADOH in the event this provision is
exercised, and ADOH shall not be obligated or liable for any future payments or for any
damages as a result of termination under this paragraph.
Section 27. APPLICABLE LAW AND ARBITRATION
This Agreement shall be governed and interpreted by the laws of the State of Arizona.
The parties to this Agreement agree to resolve all disputes arising out of or relating to this
Agreement through arbitration, after exhausting applicable administrative review, to the
extent required by A.R.S. § 12-1518 except as may be required by other applicable statutes.
Section 28. INDEMNIFICATION
Recipient shall indemnify, defend, and save harmless ADOH, the State of Arizona and
its agents, officials and employees from any and all claims, demands, suits, actions,
proceedings, loss, costs and damages of every kind and description, including any attorney’s
fees and litigation expenses, which may be brought or made against or incurred by the State
on account of loss of or damage to any property or for injuries to or death of any person, caused
by, arising out of or contributed to, in whole or in part, by reason of any alleged act, omission,
professional error, fault, mistake or negligence of Recipient, its employees, agents,
representatives or subcontractors, their employees, agents or representatives in connection
with or incidental to the performance of this Agreement, or arising out of Workmen’s
Compensation claims, Unemployment Compensation claims or Unemployment Disability
Compensation claims of employees of Recipient or its subcontractors or claims under similar
such laws or obligations. Recipient’s obligation under this section shall not extend to any
liability caused by the sole negligence of ADOH, the State of Arizona or its employees.
Section 29. FEDERAL GOVERNMENT LIABILITY
It is agreed by all parties that the Federal Government and particularly the U.S.
Department of Housing and Urban Development (“HUD”) and the U.S. Department of Energy
(DOE) is not a party to this Agreement and that no legal liability on the part of the Federal
Government is inferred or implied under the terms of this Agreement.
Section 30. AUDIT
If federal funds are paid to Recipient through this Agreement, Recipient shall comply
with the audit requirements set forth in 2 CFR 200. Recipient shall comply with A.R.S. § 35-
Contract 538-25
Funding Agreement with
State of Arizona, Department of Housing
REV. 07.01.2024
22
181.03 if any state funds are paid through this Agreement. Recipient agrees to rectify issues
identified in audits within ADOH prescribed time periods. Failure to comply shall result in
withholding of all present and future ADOH provided funds.
Section 31. AUDIT EXCEPTIONS
If federal or state audit exceptions are made relating to this Agreement, Recipient shall
reimburse all costs incurred by the State of Arizona and ADOH associated with defending
against the audit exception or performing an audit or follow-up audit including but not limited
to: audit fees, court costs, attorney's fees based upon a reasonable hourly amount for attorneys
in the community, travel costs, penalty assessments and all other costs of whatever nature.
Immediately upon notification from ADOH, Recipient shall reimburse the amount of
the audit exception and any other related costs directly to ADOH as specified by ADOH in the
notification.
Section 32. UNALLOWABLE USE OF FUNDS
Recipient, its officers, employees and agents, shall not utilize any of the federal funds
or HTF provided under this Agreement to solicit or influence, or attempt to solicit or influence,
directly or indirectly, any member of Congress regarding pending or prospective legislation.
Section 33. INTEREST OF MEMBERS OF DEPARTMENT OF HOUSING AND OTHERS
No officer or employee of ADOH and no public official, employee or member of the
governing body of Recipient who exercises any functions or responsibilities in review or
approval of the undertaking or carrying out of this Agreement shall participate in any decision
relating to this Agreement which affects their personal interest or the interest of any
corporation, partnership or association in which they are directly or indirectly interested, or
have any interest, direct or indirect, in this Agreement or its proceeds.
Section 34. ACCESS TO RECORDS, PARTICIPANTS AND STAFF
Recipient agrees to provide ADOH and its representatives access at any reasonable
time to all participants and staff involved in this Agreement and to all records and reports
involving this Agreement.
Section 35. IDENTIFICATION OF DOCUMENTS
All materials used for public outreach and for informational purposes as a part of this
Agreement, other than documents exclusively for internal use by ADOH, shall identify the
source of federal (CDBG, HOME, NHTF, COC, HOPWA, DOE WAP, DOE WAP BIL, DOE
WRF, LIHEAP WAP, CCSNF, SFRF) or state (HTF, HPF, HSSF) funds or private funds (APS,
Contract 538-25
Funding Agreement with
State of Arizona, Department of Housing
REV. 07.01.2024
23
SRP, SWG) used as part of this Agreement as well as acknowledgement of support from
ADOH.
Section 36. COPYRIGHT
Reports, maps or other documents produced in whole or in part under this Agreement
are works for hire and shall not be the subject of any application for copyright by or on behalf
of Recipient, by any employee or subcontractor of Recipient. Recipient shall advise ADOH or
its designee at the time of delivery of any copyrighted or copyrightable work furnished under
this Agreement, or any adversely held copyrighted or copyrightable material incorporated in
any such work and of any invasion of the right of privacy therein contained.
Section 37. RIGHTS IN DATA
ADOH may duplicate, use and disclose in any manner and for any purpose
whatsoever, within the limits established by federal and state laws and regulations, all
information relating to this Agreement.
Section 38. FUNDING CONDITIONS
ADOH will make the funding assistance available to Recipient upon execution of this
Agreement by the parties. The obligation and utilization of the funding assistance provided
through this Agreement are subject to the proper observation of the requirements incorporated
by reference. Recipient shall require any subcontracting entities to observe and follow all
provisions of this Agreement.
Section 39. NON-DISCRIMINATION
(a)
Recipient shall comply with A.R.S. § 41-1463 and Executive Orders 99-4 and 2009-
09, which prohibit Recipient from discriminating against persons, or depriving
or tending to deprive any individual of employment opportunities or otherwise
adversely affecting the individual's status as an employee on the basis of race,
color, religion, sex, age, national origin, disability or political affiliation and
require Recipient to take action to ensure that applicants are employed and that
employees are treated during employment without regard to race, color, religion,
sex, age, national origin, disability, or political affiliation. Recipient shall comply
with all of the other requirements of Executive Order 2009-09.
(b)
Recipient agrees to comply with Title VII of the Civil Rights Act of 1964, as
amended. Recipient shall also comply with applicable federal regulations that
prohibit discrimination in the employment or advancement in employment of
qualified persons with disabilities. Recipient shall comply with all applicable
federal regulations regarding equal employment opportunity and relevant
orders issued by the U.S. Secretary of Labor. Recipient agrees to comply, and will
Contract 538-25
Funding Agreement with
State of Arizona, Department of Housing
REV. 07.01.2024
24
require
any
subcontractor(s)
to
comply
with
applicable
federal
nondiscrimination requirements, which may include: Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. §3789(d)); the Victims of Crime Act (42
U.S.C. §10604(e)); the Juvenile Justice and Delinquency Prevention Act of 2002
(42 U.S.C. §5672(b)); the Civil Rights Act of 1964 (42 U.S.C. §2000(d)); Section 504
of the Rehabilitation Act of 1973 (29 U.S.C. §794); Title II of the Americans with
Disabilities Act of 1990 (42 U.S.C. §§12132); Title IX of the Education
Amendments of 1972 (20 U.S.C. §1681); the Age Discrimination Act of 1975 (42
U.S.C. §6102); 28 C.F.R. pt. 35 (DOJ Regulations- Nondiscrimination on the Basis
of Disability in State and Local Government Services); 28 C.F.R. pt. 42 (DOJ
Regulations- Nondiscrimination; Equal Employment Opportunity; Policies and
Procedures); Executive Order 13279 (equal protection of the laws for faith-based
and community organizations); and 28 C.F.R. pt. 38 (DOJ Regulations- Equal
Treatment for Faith-Based Organizations).
Section 40. THIRD PARTY ANTITRUST VIOLATIONS
Recipient assigns to the State of Arizona any claim for overcharges resulting from
antitrust violations to the extent that such violations concern materials or services supplied by
third parties to Recipient toward fulfillment of this Agreement.
Section 41. COMPLIANCE REQUIREMENTS FOR A.R.S. § 41-4401—IMMIGRATION
LAWS AND E-VERIFY REQUIREMENT
(a)
Recipient warrants compliance with all Federal immigration laws and
regulations relating to employees and warrants its compliance with Section
A.R.S. § 23-214, Subsection A. (That subsection reads: “After December 31, 2007,
every employer, after hiring an employee, shall verify the employment eligibility
of the employee through the E-Verify program.”)
(b)
A breach of a warranty regarding compliance with immigration laws and
regulations shall be deemed a material breach of the contract and Recipient may
be subject to penalties up to and including termination of this Agreement.
(c)
The ADOH retains the legal right to inspect the papers of any employee who
works on this Agreement to ensure that Recipient or Recipient’s subcontractor is
complying with the warranty under paragraph (a).
Section 42. INSURANCE
During the contract period, Recipient shall purchase and maintain in full force the
following insurance. All certifications of insurance must provide for a thirty (30) day notice to
ADOH of cancellation, non-renewal or material change. Proof of insurance from Recipient
Contract 538-25
Funding Agreement with
State of Arizona, Department of Housing
REV. 07.01.2024
25
shall be provided to ADOH prior to execution of this contract and periodic certifications must
be furnished at the request of the Program Specialist.
Recipient and its subcontractors, at Recipient’s and subcontractors’ own expense, shall
purchase and maintain the herein stipulated minimum insurance with companies duly
licensed, possessing a current A.M. Best, Inc. Rating of A-, 7, local government insurance pools
formed pursuant to ARS 11-952.01 or other as approved by ADOH and licensed in the State of
Arizona with policies and forms satisfactory to ADOH.
All insurance required herein shall be maintained in full force and effect until all work
or service required to be performed under the terms of this Agreement is completed
satisfactorily and formally accepted; failure to do so may, at the sole discretion of ADOH,
constitute a material breach of this Agreement.
Recipient’s insurance shall be primary insurance as respects ADOH and any insurance
or self-insurance maintained by ADOH shall not contribute to it.
Recipient shall not fail to comply with the claim reporting provisions of the insurance
policies or cause any breach of an insurance policy warranty, which would affect coverage
afforded under insurance policies to protect ADOH.
The insurance policies, except Worker’s Compensation, shall contain a waiver of
transfer of rights of recovery (subrogation) against ADOH, its agents, representatives,
directors, officers and employees for any claims arising out of Recipient’s acts, errors, mistakes,
omissions, work or service.
The insurance policies may provide coverage, which contain deductibles or self-
insured retentions. Such deductible and/or self-insured retentions shall not be applicable with
respect to the coverage provided to ADOH under such policies. Recipient shall be solely
responsible for the deductible and/or self-insured retention, and ADOH, at its option, may
require Recipient to secure payment of such deductibles or self-insured retentions by a Surety
Bond listing ADOH as the Obligee or co-Obligee or an irrevocable and unconditional letter of
credit.
ADOH reserves the right to request and to receive, within ten (10) working days,
certified copies of any or all of the herein required insurance policies and/or endorsements.
ADOH shall not be obligated, however, to review same or to advise Recipient of any
deficiencies in such policies and endorsements, and such receipt shall not relieve Recipient
from, or be deemed a waiver of ADOH’s right to insist on, strict fulfillment of Recipient’s
obligations under this Agreement.
The insurance policies, except Worker’s Compensation and Professional Liability,
required by this Agreement, shall name ADOH, its agents, representatives, officers, directors,
officials and employees as additionally insured.
Contract 538-25
Funding Agreement with
State of Arizona, Department of Housing
REV. 07.01.2024
26
42.1
Required Coverage
Commercial General Liability. Recipient shall maintain Commercial General Liability
insurance with a limit of not less than $1,000,000 for each occurrence with a $2,000,000
Products/Completed Operations Aggregate and a $2,000,000 General Aggregate Limit. The
policy shall include coverage for bodily injury, broad form property damage, personal injury,
products and completed operations and blanket contractual coverage. Coverage will be at
least as broad as Insurance Service Office, Inc. Policy Form CG 00011093 or any replacements
thereof.
Such policy shall contain a severability of interest provision and shall not contain a
sunset provision or commutation clause, nor any provision that would serve to limit third
party action over claims. The Commercial General Liability additional insured endorsement
shall be at least as broad as the Insurance Service Office, Inc. Additional Insured, Form B, CG
20101185, and shall include coverage for Recipient’s operations and products and completed
operations.
Automobile Liability. Recipient shall maintain Commercial/Business Automobile
Liability insurance with a combined single limit for bodily injury and property damage of not
less than $1,000,000 each occurrence with respect to Recipient’s any auto, all owned autos,
scheduled autos, hired autos, non-owned autos assigned to or used in performance of
Recipient’s work. Coverage will be at least as broad as coverage code 1, “any auto”, (Insurance
Service Office, Inc. Policy Form CA 00011293, or any replacements thereof).
Worker’s Compensation. Recipient shall carry Worker’s Compensation insurance to
cover obligations imposed by federal and state statutes having jurisdiction of Recipient’s
employees engaged in the performance of the work or services; and Employer’s Liability
insurance of not less than $100,000 for each accident, $100,000 disease for each employee and
$500,000 disease policy limit.
In case any work is subcontracted, Recipient will require the subcontractor to provide
Worker’s Compensation and Employer’s Liability to at least the same extent as required of
Recipient.
42.2
Certificates of Insurance
Prior to commencing work or services under this Agreement, Recipient shall furnish
ADOH with Certificates of Insurance, or formal endorsements as required by this Agreement,
issued by Recipient’s insurer(s), as evidence that policies providing the required coverage,
conditions and limits required by this Agreement are in full force and effect.
In the event any insurance policy(s) required by this contract is (are) written on a
“claims made” basis, coverage shall extend for two (2) years past completion and acceptance
of Recipient’s work or services and as evidenced by annual Certificates of Insurance.
Contract 538-25
Funding Agreement with
State of Arizona, Department of Housing
REV. 07.01.2024
27
If a policy does expire during the life of this Agreement, a renewal certificate must be
sent to ADOH fifteen (15) days prior to the expiration date.
42.3
Cancellation and Expiration Notice
Insurance required herein shall not expire, be canceled, or materially changed without
thirty (30) days written notice to ADOH.
42.4
Self Insurance
The parties acknowledge that Recipient is self-insured and that such self-insurance
satisfies the requirements of this Section 42.
Section 43. PRIVACY CONSIDERATIONS
Recipients of federal funds (for the purpose of this section “federal funds” means
funding from the CDBG, HOME, HOPWA and COC programs; see Section 1, above) from
ADOH warrant and represent that commencing from the effective date of this Agreement and
until the latest expiration or termination date of any promissory note, deed of trust, declaration
or other agreement that secures the federal funds that are the subject of this Agreement,
Recipient and Recipient’s contractors shall comply with the requirements of the federal
Privacy Act, 5 U.S.C. § 552a. Recipient warrants and represents that it has read and
understands the requirements of the Federal Privacy Act and requires the same of its
contractors and subcontractors.
Section 44. NOTICES
When routine reports or correspondence is required to be sent to ADOH, it shall be
addressed to Arizona Department of Housing, to the attention of the assigned Program
Specialist at 1110 West Washington Street, Suite 280, Phoenix, Arizona 85007. Notices or
correspondence regarding material changes to the contract or requests for amendment shall
be addressed to the same. All correspondence regarding this Agreement must be identified
by its ADOH Agreement number (which is located on the top left hand corner of the first page
of this Agreement).
When notice or correspondence is required to be sent to Recipient, it shall be
addressed to:
MARICOPA COUNTY HUMAN SERVICES DEPARTMENT
Entity
LAURIE ONTIVEROS, COMMUNITY RESILIENCE SUPERVISOR
Attention (if applicable)
234. N. CENTRAL AVE 3RD FLOOR
Mailing Address
PHOENIX, AZ 85004
City State Zip
Contract 538-25
Funding Agreement with
State of Arizona, Department of Housing
REV. 07.01.2024
28
Section 45. REGISTRATION WITH SOCIAL SERVE
For new construction or rehabilitation of rental projects, Recipient agrees to register
the project with socialserve.com and keep the project listed with socialserve.com for the duration
of the period of affordability as indicated in the Conditions, Covenants and Restrictions.
Section 46. ADOH SIGNAGE
For new construction and rehabilitation projects, Recipient must erect a sign at the
project site indicating that the project is funded through the Arizona Department of Housing
and indicate the sources of funds. The sign must be a minimum size of twenty-four (24) inches
high by thirty-six (36) inches wide, include a minimum five (5) inch high ADOH logo and text
printed at a minimum seventy-two (72) point font. An individual ADOH sign does not have
to be provided if Recipient incorporates ADOH information into a larger group sign.
Section 47. PHOTOGRAPHS
For new construction and rehabilitation projects, Recipient is required to provide to
ADOH before and after photographs of the project in digital or film format.
Section 48. STATE OF ARIZONA
This Agreement shall be construed in accordance with the laws of the State of
Arizona.
Section 49. WRITTEN CERTIFICATION UNDER A.R.S. § 35-393.01.
If the [Recipient] engages in for-profit activity and has ten (10) or more employees,
and if this Agreement has a value of $100,000 or more, then the [Recipient] certifies it is not
currently engaged in, and agrees for the durations of this Agreement, not to engage in a
boycott of goods and services from Israel. This certification does not apply to a boycott
prohibited by 50 U.S C. § 4842 or a regulation issued pursuant to 50 U.S C. § 4842.
Section 50. A.R.S. § 1-501 Relating to Federal Programs
Notwithstanding any other state law and to the extent permitted by federal law, any
person who applies for a federal public benefit that is administered by this state or a
political subdivision of this state and that requires participants to be citizens of the
United States, legal residents of the United States or otherwise lawfully present in the
United States shall submit required documentation to the entity that administers the
federal public benefit demonstrating lawful presence in the United States.
Contract 538-25
Funding Agreement with
State of Arizona, Department of Housing
REV. 07.01.2024
29
AGREED, effective as of the later date of the signatures of the duly authorized representatives
subscribed below:
THE STATE OF ARIZONA,
ARIZONA DEPARTMENT OF HOUSING
MARICOPA COUNTY,
RECIPIENT
BY:
BY:
Joan Serviss
Jack Sellers
TITLE:
Director
TITLE:
Chairman Of The Board Of Supervisors
DATE:
DATE:
Contract 538-25
Attested To:
By: ________________________________________
Juanita Garza, Clerk of the Board Date
Approved as to Form:
By: _________________________________________
Deputy County Attorney Date
Funding Agreement with
State of Arizona, Department of Housing
30
ATTACHMENT A
Maricopa County Human Services Department
HTF Maricopa County HSD Preventing Housing Insecurity Flex Funds (PHIFF)
ADOH Contract 538-25
Scope of Work
Summary:
The Arizona Department of Housing (ADOH) has set aside approximately $5 million in State
Housing Trust Funds (HTF) as flexible funding to further the reach of existing housing stability
and homelessness prevention under its Preventing Housing Insecurity Notice of Funding
Availability (NOFA). The goal of this program is to expand prevention activities, including
flexible funding, to qualified households (defined below) ‘at risk’ of homelessness but who are
able to demonstrate the ability to maintain housing after the one-time assistance.
Maricopa County Human Services Department, Recipient, has been awarded $892,248.00 in
HTF to administer this Preventing Housing Insecurity Flexible Funds (PHIFF) program, in
Maricopa County. Funds will be used for direct financial assistance and administration of the
program. These funds will allow Maricopa County to serve a minimum of 401 eligible individuals
at or below 80% AMI during its period of performance.
Financial assistance must be for the purpose of participants obtaining or retaining housing and/or
eliminate barriers in obtaining or retaining housing. Verification of existing housing status is
required and must be documented appropriately. Recipient must use progressive engagement
to ensure that the least amount of funds possible are being used to prevent the household from
losing their housing. Recipient will assess and triage need and other eligible resources using
these flexible funds as an option of last resort. The use of these funds is limited to a one-time
payment per household of no more than $3,000 paid on behalf of the program participant to the
landlord, utility company, etc., and are not be used for ongoing assistance.
Recipient will provide case management components in its program design. These voluntary
services can include education, coaching, negotiation with vendors (landlords), budgeting and
financial management, legal referrals. Recipient will provide post-funding follow up at 3, 6, or
12 months via text, in person, virtual, and/or telephonic to determine the client’s housing status,
the impact of the funding and the need for additional connection to other programs.
Term:
The term of this Agreement shall be for one year, unless otherwise amended in accordance
with the terms of this Agreement, beginning July 01, 2024 and ending December 31, 2025.
Contract 538-25
Funding Agreement with
State of Arizona, Department of Housing
31
Target Population and Eligible Activities:
Qualified households are defined as households with a maximum income of 80% (eighty
percent) of Area Median Income (AMI). Verification of housing status and income required.
Program eligibility assessment should be completed to determine the type and amount of
financial assistance provided. Financial assistance provided through this funding is to be used
as an option of last resort or meets an immediate need that other funding sources are unable to
cover, and that the household is able to maintain housing after assistance.
Examples of eligible activities include:
●Past due or future rent (i.e., up to 1 month of rent)
●Past due and/or future utilities, utility deposits
●Move in assistance (movers, furniture, kitchenware, welcome boxes); rental
application fees, inspection/processing/admin fees, security/rental deposits, storage costs
●Pet deposits; one-time pet fees
●Legal fees/expenses, prior judgments
●Car repair, car payment
●Insurance payment
●ID costs/expenses
●Relocation to another community (pending confirmed housing opportunity)
●Clothing, including work uniforms and work supplies
●Employment-related expenses (starting job costs)
●Housing search/placement
●Air conditioning (repair/replace)
●Legal aid, credit repair
●Landlord engagement/mediation
Services include information and referral, financial assistance, and other non-financial case
management services including housing assistance, crisis management services, referrals to
legal aid, budgeting and financial management education materials.
Program Design:
•
Financial assistance must be for the purpose of clients obtaining or retaining housing
and/or eliminate barriers in obtaining or retaining housing.
o
Verification of existing housing status required.
•
Implementing organization(s) should assess and triage for all available and eligible
resources and programs and connect the household to those resources thus enabling the
financial assistance provided through this flexible funds program to be used as an
option of last resort.
Contract 538-25
Funding Agreement with
State of Arizona, Department of Housing
32
•
Organizations must require that clients demonstrate that the flexible fund is the option
of last resort or meets an immediate need that other funding sources are unable to cover,
and that they are able to maintain housing after the assistance.
o
Proper documentation should support this assistance.
•
Organizations must have and share, upon award, established policies and procedures
that are in place for outreach, coordination and service delivery.
•
Organizations must have, or establish upon award, defined processes and financial
controls to allow timely and accurate disbursement and documentation of financial
assistance with appropriate documentation.
•
Implementing organization(s) will provide case management components in its program
design. This can include education, coaching, negotiation with vendors (landlords),
budgeting and financial management, legal referrals.
•
Implementing organization(s) will provide post-funding follow up at 3, 6, or 12 months
via text, in person, virtual, and/or telephonic to determine the client’s housing status, the
impact of the funding and the need for additional connection to other programs.
Expenditure Rate:
Recipient shall submit for reimbursement of costs incurred during the contract period through
monthly Request for Payments (RFPs), Attachment D, for the preceding month’s expenses. All
RFPs must be accompanied by the appropriate supporting documentation (i.e. invoices, receipts,
payroll, rent roll/rosters, ledgers, etc.) or delays may occur. RFPs and supporting attachments are
to be sent through the Special Needs Portal (see note below).
Recipient acknowledges that late or inaccurate documents and expending less than ninety-five
percent (95%) of awarded contract funds may result in recapture or reallocation of funds.
Reporting:
ADOH will require that prevention providers track their performance quarterly on the
following measures.
o
Demographics. Confirm distribution is consistent with at-risk population
o
Quarterly reports should include the following quantitative data:
# of households (unduplicated) applied
# of households assisted
# (total) of people assisted (broken out by adults, children, and total)
Amount of assistance provided
Average dollars per household
Uses of the funds by category
Housing stability rate after 3 months, 6 months and 1 year
o
Of the households presenting for assistance, the percentage that maintained
housing or were successfully prevented from housing instability;
Contract 538-25
Funding Agreement with
State of Arizona, Department of Housing
33
o
Percentage of households that seek or return to emergency shelter within six
months after receiving prevention assistance;
o
Percentage of households that require financial assistance to maintain housing
or to prevent housing instability.
o
Qualitative Narrative Report: a brief description of activities performed,
including but not limited to, occurrences that caused variation from schedule,
changes to plans, unforeseen circumstances, program progress, successes and/or
barriers experienced, etc.
●Voluntary participation in future evaluation processes that are beginning to take place within
the housing community, led by Arizona’s philanthropic community, thus supporting the
learning of what effective prevention practices are.
A Note on Submitting Documents to ADOH Special Needs:
All documents submitted to ADOH Special Needs must be uploaded using the Special Needs
Portal located on the ADOH webpage. Documents should have a name that clearly identifies the
ADOH contract number, Project Name, and description of document (i.e. 510-21 CBI Gila County
PSH_July Payment Request_w_backup). Failure to do so could result in a delay as items may get lost
or are unable to be identified.
Certification:
By the signing of this contract, Recipient is certifying that the agency is not presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered
transactions by any Federal or state debarment agency.
Contract 538-25
HTF Maricopa County HSD Preventing Housing Insecurity (PHIFF)
ATTACHMENT B
ADOH PERFORMANCE REPORT/SCHEDULE OF COMPLETION
Page 1of 2
Recipient
Submission Date mm/dd/yyyy
Contract No 538-25
Contract Period:
07/01/2024 - 12/31/2025
Reporting Month MM
Activity
Recipient Address
City Phoenix
Contact Person
Zip Code 85004
Phone
Email
County Maricopa
Program Specialist
Email
Indicate adherence to contract or schedule changes Quarterly. Due by the 20th of the month following the Quarter end. See Below.
Contract Schedule
Contract Date
Complete Yes/No Modification Date (or N/A)
Program Start Date
7/1/2024
Submission of FY25 Quarter 1 Report
10/20/2024
Submission of FY25 Quarter 2 Report
1/20/2025
Submission of FY25 Quarter 3 Report
4/20/2025
Submission of FY25 Quarter 4 Report
7/20/2025
Submission of FY26 Quarter 1 Report
10/20/2025
Submission of FY26 Quarter 2 Report
1/20/2024
Submission of FY26 Quarter 3 Report
4/20/2026
Submission of FY26 Quarter 4 Report
7/20/2026
Project Complete - Contract Expires
6/30/2026
Project Final Request for Reimbursement and Close Out Reports Due
7/31/2026
Quarterly report:
Variations of this report can be generated and submitted for approval through your ADOH Housing Programs Contract Specialist.
Reports should include the following data:
Demographics. Confirm distribution is consistent with at-risk population.
Adults
Children
Total
3 months
6 months
1 year
Qualitative Narrative Report:
Recipient Authorized Signature
Date
# of households (unduplicated) applied for assistance
# of households assisted
# (total) of people assisted (broken out by adults, children, and total)
Amount of assistance provided
Laurie Ontiveros- Community Resilience Supervisor
Printed Name & Title
Give a brief description of activities performed, including but not limited to, occurrences that caused variation from schedule, changes to plans, unforeseen circumstances,
program progress, successes and/or barriers experienced, etc. Describe how this flexible funding program is successfully maintaining housing stability, identifying housing
opportunities, or transitioning households into stable housing solutions. Share best practices and new learnings as well.
Average dollars per household
Uses of the funds by category
Housing Stability rate after 3 months, 6 months, and 1 year
Of the households presenting for assistance, the percentage that maintained housing or were successfully prevented from housing instability
Percentage of households that seek or return to emergency shelter within six months after receiving prevention assistance
Percentage of households that require financial assistance to maintain housing or to prevent housing instability
Maricopa County Human Services Department
HTF PHIFF Administration, Direct Assistance
234. N. Central Ave 3rd Floor
602-506-2322
Connie Howell
laurie.ontiveros@maricopa.gov
connie.howell@azhousing.gov
Page 2 of 3
Maricopa County Human Services Department
Contract No 538-25
Date
mm/dd/yyyy
07/01/2024 - 12/31/2025
Laurie Ontiveros- Community Resilience Supervisor
602-506-2322
Email
Connie Howell
Email
1
-- >
-- >
2
Total
1
5
8
10
11
Total
Total
Total
Total
Total
Total
Total
For PSH and RRH
Total
Total
ADOH QUARTERLY PERFORMANCE REPORT/SCHEDULE OF COMPLETION
Recipient
Contract Period
Reporting Period:
mm/dd/yyyy - mm/dd/yyyy
Contact Person
Phone
laurie.ontiveros@maricopa.gov
ADOH Specialist
connie.howell@azhousing.gov
Percentage Grade on the Agency Data Completeness Report Card? (Report 0252)
Minimum required grade 98%
Report results from COC-APR (located under Reports)
Programs awarded HTF Preventing Housing Insecurity Flex Funds should be tracking data of participants and submit with Quarterly Reports. The following is a
sampling of data collected for housing programs. If using HMIS, the following data and demographics tab can be obtained through the COC APR pulled from
HMIS . Either fill in the data points below OR submit a pdf copy of the COC APR or comparable report for the reporting period.
a.
5a - Report Validation Table
Total Number of Persons Served
Number of Leavers
Number of Stayers
Number of Veterans
Number of Chronically Homeless Persons
b.
6a - Data Quality: Personally Identifiable Information
Total Client Doesn’t Know/Client Refuses, Information Missing, Data Issues
% of Error/Issue Rate
c.
6b - Data Quality: Universal Data Elements
Total Client Doesn’t Know/Client Refuses, Information Missing, Data Issues
% of Error/Issue Rate (should be 0)
11+ days
d.
6c - Data Quality: Income and Housing Data Quality
Total Client Doesn’t Know/Client Refuses, Information Missing, Data Issues
% of Error/Issue Rate (should be 0)
e.
6d - Data Quality: Chronic Homelessness
Total % of Records Unable to Calculate
January
April
July
f.
6e - Data Quality: Timeliness (should be 7 days or under)
< 0 days
0 days
1 - 3 days
4 - 6 days
7 - 10 days
January
April
July
g.
7a - Number of Persons Served
For PSH and RRH
Total persons served who moved into housing
h.
7b - Point-in-Time Count of Persons on the Last Wednesday
Totals for:
October
Prior to submitting, run the 0640 – HUD Data Quality Report (located in the Business Objects folder).
If you have ANY errors in Table 6a-6e above, FIX ALL ERRORS and resubmit within seven (7) business days.
Prepare and submit Data Completeness Report Card (HMIS Report 0252)
October
i.
8a - Number of Households Served
Total households served who moved into housing
j.
8b - Point-in-Time Count of Persons on the Last Wednesday
Totals for:
Complete
N/A
Page 3 of 3
Maricopa County Human Services Department
Contract No 538-25
Date
mm/dd/yyyy
07/01/2024 - 12/31/2025
Laurie Ontiveros- Community Resilience Supervisor
602-506-2322
Email
Connie Howell
Email
Continued report results from COC-APR (located under Reports)
Total
Total
Total
ADOH QUARTERLY PERFORMANCE REPORT/SCHEDULE OF COMPLETION
Recipient
Contract Period
Reporting Period
mm/dd/yyyy - mm/dd/yyyy
Contact Person
Phone
laurie.ontiveros@maricopa.gov
ADOH Specialist
connie.howell@azhousing.gov
k.
10a - Gender of Adults
Woman
Man
Culturally Specific Identity
Transgender
Non-Binary
Questioning
Different Identity
Woman/Man
Woman/Culturally Specific Identity
Woman/Transgender
Woman/Non-Binary
Woman/Questioning
Woman/Different Identity
Man/Culturally Specific Identity
Man/Transgender
Man/Non-Binary
Man/Questioning
Man/Different Identity
Culturally Specific Identity/Transgender
Culturally Specific Identity/Non-Binary
Culturally Specific Identity/Questioning
Culturally Specific Identity/Different Identity
Transgender/Non-Binary
Transgender/Questioning
Transgender/Different Identity
Non-Binary/Questioning
Non-Binary/Different Identity
Questioning/Different Identity
More than 2 Gender Identities Selected
Client Doesn't Know/Prefers Not to Answer
Data Not Collected
Total
l.
11 - Age
Under 5
5 - 12
13 - 17
18 - 24
25 - 34
35 - 44
45 - 54
55 - 64
65 +
Client Doesn't Know/Client Prefers Not to Answer
Data Not Collected
Total
m
12 - Race and Ethnicity
American Indian, Alaska Native, or Indigenous
Asian or Asian American
Black, African American, or African
Hispanic/Latina/e/o
Middle Eastern or North African
Native Hawaiian or Pacific Islander
White
Asian or Asian American & American Indian, Alaska Native, or Indigenous
Black, African American, or African & American Indian, Alaska Native, or Indigenous
Hispanic/Latina/e/o & American Indian, Alaska Native, or Indigenous
Middle Eastern or North African & American Indian, Alaska Native, or Indigenous
Native Hawaiian or Pacific Islander & American Indian, Alaska Native, or Indigenous
White & American Indian, Alaska Native, or Indigenous
Black, African American, or African & Asian or Asian American
Hispanic/Latina/e/o & Asian or Asian American
Middle Eastern or North African & Asian or Asian American
Total
Total
Income at
Start
Income at
Annual
Assmnt for
Stayers
Income at
Exit for
Leavers
Total
Income Change by Income Category (Universe: Adult
Leavers with Income Information at Start and Exit)
Had Income
Category at
Start and Did
Not Have It at
Exit
Retained
Income
Category But
Had Less $ at
Exit Than at
Start
Retained
Income
Category and
Same $ at
Exit as at
Start
Retained
Income
Category and
Increased $ at
Exit
Did Not Have
the Income
Category at
Start and
Gained the
Income
Category at
Exit
Did Not Have
the Income
Category at
Start or at
Exit
Total Adults
(including
those with No
Income)
Performance
Measure:
Adults who
Gained or
Increased
Income from
Start to Exit,
Average Gain
Performance
measure:
Percent of
Persons who
Accomplished
this Measure
Number of Adults with Earned Income (i.e., Employment
Income)
Average Change in Earned Income
Number of Adults with Other Income
Average Change in Other Income
Number of Adults with Any Income (i.e., Total Income)
Average Change in Overall Income
m.
Native Hawaiian or Pacific Islander & Asian or Asian American
White & Asian or Asian American
Hispanic/Latina/e/o & Black, African American, or African
Middle Eastern or North African & Black, African American, or African
Native Hawaiian or Pacific Islander & Black, African American, or African
White & Black, African American, or African
Middle Eastern or North African & Hispanic/Latina/e/o
Native Hawaiian or Pacific Islander & Hispanic/Latina/e/o
White & Hispanic/Latina/e/o
Native Hawaiian or Pacific Islander & Middle Eastern or North African
White & Middle Eastern or North African
White & Native Hawaiian or Pacific Islander
Multiracial - more than 2 races/ethnicity, with one being Hispanic/Latina/e/o
Multiracial - more than 2 races, where no option is Hispanic/Latina/e/o
Client Doesn't Know/Prefers Not to Answer
Data Not Collected
Total
n.
15 - Living Situation
Homeless Situations
Place not meant for habitation
Emergency shelter, including hotel or motel paid for with emergency shelter voucher, Host Home shelter
Safe Haven
Subtotal
Temporary Situations
Transitional housing for homeless persons (including homeless youth)
Residential project or halfway house with no homeless criteria
$251 - $500
Hotel or motel paid for without emergency shelter voucher
Host Home (non-crisis)
Staying or living in a friend’s room, apartment, or house
Staying or living in a family member’s room, apartment, or house
Subtotal
Client Doesn't Know/Prefers Not to Answer
Data Not Collected
Data Not Collected
Subtotal
Total
o.
16 - Cash Income Ranges
No Income
$1 - 150
$151 - $250
Number of adult stayers not yet required to have an annual assessment
Number of adult stayers without required annual assessment
Total Adults
p.
19a2 - Client Cash Income Change - Income Source - by Start and Exit
$501 - $1000
$1001 - $1500
$1501 - $2000
$2001 +
Client Doesn't Know/Prefers Not to Answer
Budget
HTF Maricopa County HSD Preventing Housing Insecurity (PHIFF)
BUDGET
Recipient Maricopa County Human Services Department
Date
Contract No 538-25
Contract Term: 07/01/2024 - 12/31/2025
Initial or Revision #
Initial
Activity
Recipient Address
City Phoenix
Recipient Contact Person
ZIP 85004
Phone
Email
Fax
ADOH Program Specialist
Email
County Maricopa
b
c
d
e
f
g
h
Budget Line Item
HTF
Activity
2024
01 Administration
89,225.00
$
02 Direct Assistance
803,023.00
$
Total
892,248.00
$
-
$
Total Contract Amount:
892,248.00
$
Special Needs: 08.2024
HDS
234. N. Central Ave 3rd Floor
Laurie Ontiveros - Community Resilience Supervisor
602-506-2322
Connie Howell
connie.howell@azhousing.gov
Attachment C
HTF Admin, Direct Assistance
laurie.ontiveros@maricopa.gov
a
RFP
HTF Maricopa County HSD Preventing Housing Insecurity (PHIFF)
Recipient
Date
XX/XX/XXXX
Contract No 538-25
Contract Term:
Pay Req. No/Mo/Yr
#XX MM/YY
Activity
Direct Wire Deposit
Yes No
Recipient Address
City Phoenix
Recipient Contact Person
ZIP 85004
Phone
Email
Fax
ADOH Program Specialist
Email
County Maricopa
b
c
d
e
f
g
h
Budget Line Item or
HTF
Total
Total Amount
Balance in
Amount of this
New
Activity No.
2024
Contract
Req. to Date
Account
Request
Balance
01 Administration
89,225.00
$
89,225.00
$
-
$
89,225.00
$
-
$
89,225.00
$
02 Direct Assistance
803,023.00
$
803,023.00
$
-
$
803,023.00
$
-
$
803,023.00
$
892,248.00
$
892,248.00
$
-
$
892,248.00
$
-
$
892,248.00
$
Recipient Authorized Signature (above)
Date
Current
Not Current
ADOH Program Specialist Approval
Date
Date
REV for SN: 07.2024
For ADOH Use
Only
Printed Name & Title
Email:
Phone:
Performance Reports
ADOH Program Administrator Approval
Attachment D
Maricopa County Human Services Department
laurie.ontiveros@maricopa.gov
connie.howell@azhousing.gov
Connie Howell
602-506-2322
07/01/2024 - 12/31/2025
ARIZONA DEPARTMENT OF HOUSING REQUEST FOR PAYMENT SUMMARY SHEET PAGE 1 OF 2
HTF (PHIFF) Admin, Direct Assistance
234. N. Central Ave 3rd Floor
Laurie Ontiveros- Community Resilience Supervisor
a
HDS
Total
Recipient Authorized Signature certifies that all activities undertaken by the contractor with funds provided under this contract have been carried out in accordance with the contract.
Submit via the Special Needs Portal no later than the 20th each month for the previous month's billing. Please allow up to 3 - 4 weeks for processing.
Contact Information if different from noted above:
Itemized Backup Statement (Sheet 2 of 2) must accompany this form. Include copies of invoices, receipts, cashed checks, and all other applicable backup documentation. Payment Requests must be signed (e-
sgnatures are permitted) prior to processing.
HTF Maricopa County HSD Preventing Housing Insecurity (PHIFF)
ARIZONA DEPARTMENT OF HOUSING REQUEST FOR PAYMENT - ITEMIZED PAYMENT STATEMENT PAGE 2 OF 2
Recipient
Date
XX/XX/XXXX
Contract No 538-25
Contract Term: 07/01/2024 - 12/31/2025
Pay Req. No
#XX MM/YY
Budget Line
Description of
Paid (or Payable) to
Date
Check #
Invoice
Balance
Name of Other
Item or
Expense (List in
Paid
Invoice
Amount
paid by
Source
Activity No
chronological order
PO
Charged to
Other
according to activity type)
HTF
Source
-
$
-
$
-
$
-
$
Maricopa County Human Services Department
Administration
SUBTOTAL:
Direct Assistance
SUBTOTAL:
TOTALS:
-
$
-
$
Page 1 of 2
form HUD-2992 (3/98)
Certification A: Certification Regarding Debarment, Suspension, and
Other Responsibility Matters - Primary Covered Transactions
1. The prospective primary participant certifies to the best of its knowl-
edge and belief that its principals;
a. Are not presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from covered transactions
by any Federal debarment or agency;
b. Have not within a three-year period preceding this proposal,
been convicted of or had a civil judgment rendered against them for
commission of fraud or a criminal offense in connection with obtain-
ing, attempting to obtain, or performing a public (Federal, State, or
local) transaction or contract under a public transaction; violation of
Federal or State antitrust statutes or commission of embezzlement, theft,
forgery, bribery, falsification, or destruction of records, making false
statements, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly
charged by a governmental entity (Federal, State, or local) with
commission of any of the offenses enumerated in paragraph (1)(b) of
this certification; and
d. Have not within a three-year period preceding this application/
proposal had one or more public transactions (Federal, State, or local)
terminated for cause or default.
2. Where the prospective primary participant is unable to certify to
any of the statements in this certification, such prospective participant
shall attach an explanation to this proposal.
Instructions for Certification (A)
1. By signing and submitting this proposal, the prospective primary
participant is providing the certification set out below.
2. The inability of a person to provide the certification required below
will not necessarily result in denial of participation in this covered
transaction. The prospective participant shall submit an explanation
of why it cannot provide the certification set out below. The certifi-
cation or explanation will be considered in connection with the
department or agency’s determination whether to enter into this
transaction. However, failure of the prospective primary participant to
furnish a certification or an explanation shall disqualify such person
from participation in this transaction.
3. The certification in this clause is a material representation of fact
upon which reliance was place when the department or agency deter-
mined to enter into this transaction. If it is later determined that the
prospective primary participant knowingly rendered an erroneous
certification, in addition to other remedies available to the Federal
Government, the department or agency may terminate this transaction
for cause of default.
4. The prospective primary participant shall provide immediate writ-
ten notice to the department or agency to whom this proposal is
submitted if at any time the prospective primary participant learns that
its certification was erroneous when submitted or has become errone-
ous by reason of changed circumstances.
5. The terms covered transaction, debarred, suspended, ineligible,
lower tier covered transaction, participant, person, primary cov-
ered transaction, principal, proposal, and voluntarily excluded, as
used in this clause, have the meanings set out in the Definitions and
Coverage sections of the rules implementing Executive Order 12549.
You may contact the department or agency to which this proposal is
being submitted for assistance in obtaining a copy of these regulations.
6. The prospective primary participant agrees by submitting this
proposal that, should the proposed covered transaction be entered into,
it shall not knowingly enter into any lower tier covered transaction
with a person who is debarred, suspended, declared ineligible, or
voluntarily excluded from participation in this covered transaction,
unless authorized by the department or agency entering into this
transaction.
7. The prospective primary participant further agrees by submitting
this proposal that it will include the clause titled “Certification
Regarding Debarment, Suspension, Ineligibility and Voluntary Exclu-
sion - Lower Tier Covered Transaction,” provided by the department
or agency entering into this covered transaction, without modification,
in all lower tier covered transactions and in all solicitations for lower
tier covered transactions.
8. A participant in a covered transaction may rely upon a certification
of a prospective participant in a lower tier covered transaction that it
is not debarred, suspended, ineligible, or voluntarily excluded from the
covered transaction, unless it knows that the certification is erroneous.
A participant may decide the method and frequency by which it
determines this eligibility of its principals. Each participant may, but
is not required to, check the Nonprocurement List.
9. Nothing contained in the foregoing shall be construed to require
establishment of a system of records in order to render in good faith the
certification required by this clause. The knowledge and information
of a participant is not required to exceed that which is normally
possessed by a prudent person in the ordinary course of business
dealings.
10.
Except for transactions authorized under paragraph (6) of these
instructions, if a participant in a covered transaction knowingly enters
into a lower tier covered transaction with a person who is suspended,
debarred, ineligible, or voluntarily excluded from participation in this
transaction, in addition to other remedies available to the Federal
Government, the department or agency may terminate this transaction
for cause of default.
Certification Regarding
Debarment and Suspension
U.S. Department of Housing
and Urban Development
Contract 538-25
Page 2 of 2
form HUD-2992 (3/98)
Certification B: Certification Regarding Debarment, Suspension, Ineli-
gibility and Voluntary Exclusion - Lower Tier Covered Transactions
1. The prospective lower tier participant certifies, by submission of
this proposal, that neither it nor its principals is presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation in this transaction by any Federal depart-
ment or agency.
2. Where the prospective lower tier participant is unable to certify to
any of the statements in this certification, such prospective participant
shall attach an explanation to this proposal.
Instructions for Certification (B)
1. By signing and submitting this proposal, the prospective lower tier
participant is providing the certification set out below.
2. The certification in this clause is a material representation of fact
upon which reliance was placed when this transaction was entered into.
If it is later determined that the prospective lower tier participant
knowingly rendered an erroneous certification, in addition to other
remedies available to the Federal Government, the department or
agency with which this transaction originated may pursue available
remedies, including suspension and/or debarment.
3. The prospective lower tier participant shall provide immediate
written notice to the person to which this proposal is submitted if at any
time the prospective lower tier participant learns that its certification
was erroneous when submitted or has become erroneous by reason of
changed circumstances.
4. The terms covered transaction, debarred, suspended, ineligible,
lower tier covered transaction, participant, person, primary cov-
ered transaction, principal, proposal, and voluntarily excluded, as
used in this clause, have the meanings set out in the Definitions and
Coverage sections of rules implementing Executive Order 12549. You
may contact the person to which this proposal is submitted for assis-
tance in obtaining a copy of these regulations.
5. The prospective lower tier participant agrees by submitting this
proposal that, should the proposed covered transaction be entered into,
it shall not knowingly enter into any lower tier covered transaction
with a person who is debarred, suspended, declared ineligible, or
voluntarily excluded from participation in this covered transaction,
unless authorized by the department or agency with which this trans-
action originated.
6. The prospective lower tier participant further agrees by submitting
this proposal that it will include this clause titled “Certification
Regarding Debarment, Suspension, Ineligibility and Voluntary Exclu-
sion - Lower Tier Covered Transaction,” without modification, in all
lower tier covered transactions and in all solicitations for lower tier
covered transactions.
7. A participant in a covered transaction may rely upon a certification
of a prospective participant in a lower tier covered transaction that it
is not debarred, suspended, ineligible, or voluntarily excluded from the
covered transaction, unless it knows that the certification is erroneous.
A participant may decide the method and frequency by which it
determines the eligibility of its principals. Each participant may, but
is not required to, check the Nonprocurement List.
8. Nothing contained in the foregoing shall be construed to require
establishment of a system of records in order to render in good faith the
certification required by this clause. The knowledge and information
of a participant is not required to exceed that which is normally
possessed by a prudent person in the ordinary course of business
dealings.
9. Except for transactions authorized under paragraph (5) of these
instructions, if a participant in a lower covered transaction knowingly
enters into a lower tier covered transaction with a person who is
suspended, debarred, ineligible, or voluntarily excluded from partici-
pation in this transaction, in addition to other remedies available to the
Federal Government, the department or agency with which this trans-
action originated may pursue available remedies including suspension
and/or debarment.
Applicant
Date
T
Signature of Authorized Certifying Official
itle
Contract 538-25
Maricopa County
Chairman, Board of Supervisors