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Page 1 of 49
Town of Gilbert
INTERGOVERNMENTAL AGREEMENT
BETWEEN
MARICOPA COUNTY
ADMINISTERED BY ITS
HUMAN SERVICES DEPARTMENT
AND
THE TOWN OF GILBERT
Agreement Amount: $274,650
Agreement Start Date: October 21, 2020
Agreement Termination Date: September 30, 2024
Agreement Number:
CFDA Number: 14.239, HOME Investment Partnerships Program
DUNS Number: 142672570
This Intergovernmental Agreement (“Agreement”) is entered between Maricopa County,
administered by its Human Services Department (“County”), and the Town of Gilbert (hereinafter
referred to as the “Town”). The Town and the County are collectively referred to in this Agreement
as the “Parties” and individually as a “Party.”
The County shall provide financial reimbursement in the amount listed above, subject to the terms
of this Agreement and the availability of funds. The Agreement Amount constitutes the County’s
entire participation and obligation in the performance and completion of all work to be performed
under this Agreement.
The Town for and in consideration of the covenants and conditions set forth in this Agreement
shall provide and perform the services set forth in this Agreement. All rights and obligations of the
Parties shall be governed by the terms of this Agreement and its exhibits, attachments, and
appendices, including any Subcontracts, Amendments, or Change Orders as set forth in this
Agreement and in:
Section 1 – General Provisions
Section 2 – Special Provisions
Section 3 – Work Statement
Section 4 – Compensation
Section 5 – Attachments
Lead Agency: Maricopa County
Representative: Rachel Milne, Assistant Director, Housing and Community Development Division
Phone: 602-372-1528
E-mail : Rachel.Milne@maricopa.gov
Address: 234 North Central Avenue, Third Floor, Phoenix, Arizona 85004
Town: Town of Gilbert
Representative: Patrick Banger, Town Manager
Representative: Mary Goodman, Deputy Town Manager
Phone: 480-503-6864
E-mail: Patrick.banger@gilbertaz.gov
Address: 50 E Civic Center Dr., Gilbert AZ 85296
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Town of Gilbert
Notice under this Agreement shall be given by either personal delivery or by registered or certified
mail, postage prepaid and return receipt requested, to the persons at the addresses set forth
above and shall be effective upon receipt if personally delivered and three (3) business days after
being placed in the U.S., properly addressed, with sufficient postage, if sent by registered or
certified mail. Business days means Monday through Friday, unless recognized as a federal or
State of Arizona holiday.
This Agreement contains all the terms and conditions agreed to by the Parties. No other
understandings, oral or otherwise, regarding the subject matter of this Agreement shall be
deemed to exist or to bind any of the Parties to this Agreement. Nothing in this Agreement shall
be construed as consent to any lawsuits, or waiver of any defenses in a lawsuit brought against
Maricopa County or the Town in any state or federal court.
IN WITNESS, the Parties have signed this Agreement:
APPROVED BY:
MARICOPA COUNTY
Chairman, Board of Supervisors Date
APPROVED BY:
TOWN OF GILBERT
Scott Anderson, Interim Mayor Date
Attested to:
Clerk, Board of Supervisors Date
Attested to:
Town Clerk Date
IN ACCORDANCE WITH A.R.S. §§ 11-201,
11-251, AND 11-952, THIS AGREEMENT HAS
BEEN REVIEWED BY THE UNDERSIGNED
ATTORNEY WHO HAS DETERMINED THIS
AGREEMENT IS PROPER IN FORM AND
WITHIN THE POWERS AND AUTHORITY
GRANTED TO MARICOPA COUNTY UNDER
THE LAWS OF THE STATE OF ARIZONA.
IN ACCORDANCE WITH A.R.S. §§ 9-240 and
11-952, THIS AGREEMENT HAS BEEN
REVIEWED
BY
THE
UNDERSIGNED
ATTORNEY WHO HAS DETERMINED THIS
AGREEMENT IS PROPER IN FORM AND
WITHIN THE POWERS AND AUTHORITY
GRANTED TO THE TOWN OF GILBERT
UNDER THE LAWS OF THE STATE OF
ARIZONA.
Approved as to form:
Deputy County Attorney Date
Approved as to form:
Attorney for the Town of Gilbert Date
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Town of Gilbert
SECTION 1
GENERAL PROVISIONS
MARICOPA COUNTY HUMAN SERVICES DEPARTMENT
Section 1
General Provisions
Page 4 of 49
Town of Gilbert
1.0
PURPOSE
The County shall provide the Town with U.S. Department of Housing and Urban
Development (HUD) HOME Investment Partnerships Program funds for the provision of
HOME activities as identified in Section 3 (Work Statement).
2.0
TERM
The Term of this Agreement shall commence upon the signature of the last signer
(“Agreement Start Date”) and terminate on the Agreement Termination Date listed on page
1 of this Agreement.
3.0
RENEWAL
This Agreement may be renewed by a written amendment, provided, however, that the
Town is in full compliance with all terms and conditions of this Agreement. The Town shall
notify the County in writing of its intent to extend the Agreement term at least ninety (90)
calendar days prior to the expiration of the original Agreement term, or any additional terms
thereafter.
4.0
AMENDMENTS
4.1
All Amendments to this Agreement shall be in writing and signed by the Town and
be requested to the County no later than ninety (90) calendar days prior to contract
expiration. All requests for amendment made by the Developer shall be sent to the
County no later than ninety (90) days prior to contract expiration.
5.0
TERMINATION
5.1
Pursuant to A.R.S. § 38-511, the County may cancel this Agreement without penalty
or further obligation within three years after execution of this Agreement, if any
person significantly involved in initiating, negotiating, securing, drafting or creating
this Agreement on behalf of the County at any time while this Agreement or any
extension of this Agreement is in effect, is or becomes an employee or agent of any
other party to this Agreement in any capacity or consultant to any other party to this
Agreement with respect to the subject matter of this Agreement. Additionally,
pursuant to A.R.S. § 38-511, the County may recoup any fee or commission paid or
due to any person significantly involved in initiating, negotiating, securing, drafting,
or creating this Agreement on behalf of the County from any other party to this
Agreement arising as the result of this Agreement. A cancellation notice made under
this Subparagraph shall be effective when the recipient receives a written notice of
cancellation unless the notice specifies a later date.
5.2
Pursuant to A.R.S. § 38-511, the Town may cancel this Agreement without penalty
or further obligation within three years after execution of this Agreement, if any
person significantly involved in initiating, negotiating, securing, drafting or creating
this Agreement on behalf of the Town is at any time while the Agreement or any
extension of the Agreement is in effect, an employee or agent of any other party to
this Agreement in any capacity or consultant to any other party to this Agreement
with respect to the subject matter of this Agreement. Additionally, pursuant to A.R.S
§ 38-511, the Town may recoup any fee or commission paid or due to any person
significantly involved in initiating, negotiating, securing, drafting or creating this
Agreement on behalf of the Town from any other party to this Agreement arising as
the result of this Agreement. A cancellation notice made under this Subparagraph
shall be effective when the recipient receives a written notice of cancellation unless
the notice specifies a later date.
Section 1
General Provisions
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Town of Gilbert
5.3
Either party may terminate this Agreement at any time by giving the other Parties at
least sixty (60) calendar days prior notice in writing (unless terminated by the County
under the Availability of Funds provision). The notice shall be given by either
personal delivery or by registered or certified mail, postage prepaid and return
receipt requested to the persons at the addresses set forth on page 1 of this
Agreement.
5.4
The County has the right to terminate this Agreement upon twenty-four (24) hour
notice when the County deems the health or welfare of the service recipients are
endangered or the Town’s non-compliance jeopardizes funding source financial
participation. If not terminated by one of the above methods, then this Agreement
will terminate upon the expiration of the Term of this Agreement stated on page 1 of
this Agreement.
5.5
In accordance with 2 C.F.R. § 200, the County may suspend or terminate this
Agreement if the Town violates any term or condition of this Agreement or if the
Town fails to maintain a good faith effort to carry out the purpose of this Agreement.
5.6
The Parties may terminate this Agreement for convenience in accordance with 2
C.F.R. § 200. The Parties shall agree upon the termination conditions including the
effective date of the termination. The Party initiating the termination shall notify the
other Parties in writing stating the reasons for such termination.
6.0
EFFECT
To the extent that the Special Provisions conflict with the General Provisions, the Special
Provisions shall control. To the extent that the Work Statement and the Special or General
Provisions are in conflict, the Work Statement shall control. To the extent that the
Compensation Provisions conflict with the General Provisions, Special Provisions or Work
Statement, the Compensation Provisions shall control. Nothing in this Agreement shall
operate to increase the Operating Budget without a written amendment to this Agreement.
7.0
DEFINITIONS
As used throughout this Agreement, the following terms shall have the following meanings:
7.1
Annual Action Plan means the annual plan submitted by the County (as the lead
agency of the Maricopa HOME Consortium) to HUD, which describes the
Consortium’s annual program goals.
7.2
Assistant Director means the Director of the Housing and Community
Development Division within the Maricopa County Human Services Department.
7.3
Beneficiary means a person or household that meets the income requirements of
24 C.F.R. § 92.203 subject to the restriction on assistance to students enrolled in an
institution of higher education, as described in 24 C.F.R. § 5.612.
7.4
Board of Supervisors (BOS) means the Maricopa County Board of Supervisors.
7.5
Commitment or Commit to a Specific Local Project shall have the same meaning
as set forth in 24 C.F.R. § 92.2 (1) and (2), respectively.
7.6
County means Maricopa County.
7.7
Department means the Maricopa County Human Services Department, Housing
and Community Development Division as Lead Agency.
7.8
Developer/Subcontractor means either a non-profit or for-profit organization
carrying out HOME-related Project activities as described in the written agreement
between the County and the Developer.
7.9
Director means the Director of the Maricopa County Human Services Department.
7.10
Division means the Housing and Community Development Division of the Maricopa
County Human Services Department.
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Town of Gilbert
7.11
Five-Year Consolidated Plan means the HUD required Consolidated Plan
submitted by the County as the Lead Agency for the Maricopa HOME Consortium.
7.12
HOME means the HOME Investment Partnerships Program.
7.13
HUD means U.S. Department of Housing and Urban Development.
7.14
IDIS means Integrated Disbursement Information Systems. IDIS is a nationwide
database that provides HUD with current information regarding HOME activities.
7.15
Lead Agency or Department means the Maricopa County Human Services
Department, Housing and Community Development Division.
7.16
Low-income families means families whose annual incomes do not exceed 80
percent of the median income for the area, as determined by HUD, with adjustments
for smaller and larger families, except that HUD may establish income ceilings higher
or lower than 80 percent of the median for the area on the basis of HUD findings that
such variations are necessary because of prevailing levels of construction costs or
fair market rents, or unusually high or low family incomes. An individual does not
qualify as a low-income family if the individual is a student who is not eligible to
receive Section 8 assistance under 24 C.F.R. § 5.612.
7.17
Minority Business Enterprise (MBE) means an entity that is majority owned or
controlled by a socially and economically disadvantaged individual as described
by Public Law 95-507.
7.18
Net Proceeds means the amount remaining after deducting non-HOME debt and
closing costs from the sale of a HOME funded asset, obligation, or loan.
7.19
Performance Bond means a bond executed to secure fulfillment of the Town's
obligations under this Agreement.
7.20
Program Income means gross income received by the Town directly generated
from the use of HOME funds. For purposes of this Agreement, the gross income
from the sale of real property acquired and constructed with HOME funds is
considered Program Income. Program Income is subject to the requirements of
the HOME regulations.
7.21
Project means acquisition, rehabilitation or new construction as described in a
legally binding agreement between the Town and the prospective owners or
beneficiaries of the HOME funds for which all necessary financing has been
secured and budgeted and for which an acquisition, construction, or rehabilitation
schedule has been established and underwriting has been completed and
otherwise complies with 24 C.F.R. Part 92.2(2) and 92.2 (A) and (B).
7.22
Public Agency has the meaning prescribed by A.R.S. § 11-951.
7.23
Subcontract means any agreement entered into by the Town with a third party for
professional services for performance of any of the work or provision of any of the
services covered by this Agreement.
7.24
Subcontractor means an entity funded through the Town to provide any work or
services required by the Work Statement.
7.25
Vendor means an entity funded through the Town to provide services required by
the Work Statement.
7.26
Very low-income families means low-income families whose annual incomes do
not exceed 50 percent of the median family income for the area, as determined by
HUD with adjustments for smaller and larger families, except that HUD may
establish income ceilings higher or lower than 50 percent of the median for the
area on the basis of HUD findings that such variations are necessary because of
prevailing levels of construction costs or fair market rents, or unusually high or low
family incomes. An individual does not qualify as a very low-income family if the
individual is a student who is not eligible to receive Section 8 assistance under 24
C.F.R. § 5.612.
Section 1
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Town of Gilbert
7.27
Work Statement means the section of this Agreement that contains a description
of services to be delivered pursuant to this Agreement.
7.28
Women’s Business Enterprise (WBE) means an entity in which a woman has
majority ownership and control.
8.0
GENERAL REQUIREMENTS
8.1
The terms of this Agreement shall be construed in accordance with Arizona law and
the applicable regulations of the United States Department of Housing and Urban
Development (HUD). Any lawsuit arising out of this Agreement shall be brought in
the appropriate court in Maricopa County, Arizona.
8.2
The Town shall, without limitation, obtain and maintain all licenses, permits, and
authority necessary to do business, render services, and perform work under this
Agreement, and it shall comply with all laws regarding unemployment insurance,
disability insurance, and workers’ compensation.
8.3
The Town is an independent contractor in the performance of work and the provision
of services under this Agreement.
8.4
The Town shall comply with the regulations prohibiting a conflict of interest, and not
make any payments, either directly or indirectly, to any person, partnership,
corporation, trust, or other organization that has a substantial interest in the Parties’
organization or with which the Parties (or one of their directors, officers, owners, trust
certificate holders, or relatives) have a substantial interest, unless the Parties make
full written disclosure of the proposed payments to the County and have received
written approval for the payments. For purposes of this provision, the terms
"substantial interest" and "relative" shall have the meanings prescribed by A.R.S. §
38-502.
9.0
ACCEPTANCE OF FUNDS
The Town hereby agrees to the receipt of funds under the terms of this Agreement and
agrees to execute and return a signed Agreement to the County within 30 days after receipt
of this Agreement unless the Town has received a written waiver of this requirement from
the County.
10.0
ASSIGNMENT AND SUBCONTRACTING
No right, liability, obligation, or duty under this Agreement may be assigned, delegated, or
subcontracted, in whole or in part, without the prior written approval of the County. The Town
shall bear all liability under this Agreement, even if it is assigned, delegated, or
subcontracted, in whole or in part, unless the County agrees otherwise.
11.0
AVAILABILITY OF FUNDS
11.1
The provisions of this Agreement relating to the payment for services shall become
effective when funds assigned for the purpose of compensating the Town, as
provided in this Agreement, are available to the County for disbursement. The
County shall be the sole authority in determining the availability of funds under this
Agreement and the County shall keep the Town fully informed as to the availability
of funds.
11.2
If any action is taken by any state agency, federal department, or any other agency
or instrumentality to suspend, decrease, or terminate its fiscal obligation under or in
connection with this Agreement, then the Parties may amend, suspend, decrease,
or terminate their obligations under or in connection with this Agreement. In the event
of termination, the County shall be liable for payment only for services rendered prior
to the effective date of the termination, provided that such services performed are in
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Town of Gilbert
accordance with the provisions of this Agreement. The County shall give written
notice of the effective date of any suspension, amendment, or termination under this
Subparagraph at least ten (10) calendar days in advance.
12.0
BUDGET ADJUSTMENTS
12.1
Any requests for reasonable budget adjustments must be submitted ninety (90)
calendar days prior to the expiration of this Agreement. Requests for adjustments to
this Agreement must be supported by documentation.
12.2
The Town must receive prior written approval from the County to move funds from
one budget activity line item to another. Budget adjustments that do not change the
total Agreement amount may be documented by an Administrative Change Order
signed by the Human Services Department Director and the Town’s authorized
Representative and defined in Section 2 (Special Provisions), Paragraph 19.0
(General Conditions). If a budget adjustment is necessary that either increases or
decreases the Agreement Amount, then the County shall follow Section 1 (General
Provisions), Paragraph 4.0 (Amendments) of this Agreement to amend the
Agreement.
13.0
DISPUTES
13.1
Except as may otherwise be provided for in this Agreement, any dispute arising out
of this Agreement that is not resolved between the Parties within a reasonable period
of time, which shall not exceed one hundred twenty (120) days, shall be submitted
in accordance with the following dispute resolution process:
13.1.1 Notice of the specific grounds of a dispute shall be in writing and filed with
the Assistant Director within ten (10) business days from the date the Town
knew or should have known of the basis of the dispute.
13.1.2 The Assistant Director shall respond in writing to the Town within fourteen
(14) business days. The decision of the Assistant Director shall be final and
conclusive unless, within seven (7) business days after the date Town is
served with the decision, the Town files a written notice of appeal with the
Human Services Department Director.
13.1.3 The Human Services Department Director shall provide the Town with a
written response within fourteen (14) business days following receipt of the
notice of appeal. The decision of the Director shall be final and not
appealable.
13.1.4 Pending a final decision from the Director, the Town shall diligently proceed
with its performance of this Agreement in accordance with the Assistant
Director’s decision.
14.0
DEFAULT AND REMEDIES FOR NONCOMPLIANCE
14.1
Notwithstanding anything to the contrary, this Subparagraph shall not be deleted or
superseded by any other provision of this Agreement.
14.2
This Agreement may be immediately terminated by the County if the Town defaults
by failing to perform any objective, or breaches any obligation under this Agreement,
or any event occurs that jeopardizes the Town’s ability to perform any of its
obligations under this Agreement. The County reserves the right to have the services
provided by persons other than the Town if the Town is unable or fails to provide
required services with the specified time frame.
14.3
Failure to comply with the requirements of this Agreement and all applicable
federal, state, or local laws, rules, and regulations may result in suspension or
termination of this Agreement, the return of unexpended funds (less just
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Town of Gilbert
compensation for work satisfactorily completed that, to date, has not been paid),
the reimbursement to the County by the Town of any funds improperly expended,
or the recovery of funds improperly acquired. Noncompliance with this Agreement
includes but is not limited to:
14.3.1 Nonperformance of any obligations;
14.3.2 Noncompliance with any applicable federal, state, or local laws, rules or
regulations, including HUD guidelines, policies, or directives;
14.3.3 Unauthorized expenditure of funds;
14.3.4 Violation of the applicable affordability period;
14.3.5 Improper disposition of recaptured proceeds;
14.3.6 Improper disposition of Program Income;
14.3.7 Noncompliance with applicable financial record requirements, accounting
principles, or standards established by 2 C.F.R. §§ 200, et seq; and
14.3.8 Noncompliance with recordkeeping, record retention, or reporting
requirements.
14.4
Notwithstanding the suspension or termination of this Agreement, or the final
determination of the proper disposition of funds, the Town shall, without intent to
limit or with restrictions, be subject to the following:
14.4.1 All funding shall be immediately revoked, and any approvals related to the
Project described in the Special Provision or Work Statement shall be
deemed
revoked
and
canceled.
Thereby,
any
entitlements
to
compensation after suspension or termination of this Agreement are
similarly revoked and unavailable.
14.4.2 Not be relieved of any liability or responsibility associated with the Special
Provision or Work Statement.
14.4.3 Acknowledge that suspension or termination of this Agreement does not
affect or terminate any rights against the Town at the time of suspension or
termination, or that may accrue later. Nothing in this Agreement shall be
construed to limit or terminate any right or remedy available under contract
or rule.
14.4.4 Waiver of a breach or default of any term, covenant, or condition of this
Agreement or any federal, state, or local law, rule, or regulation shall not
operate as a waiver of any subsequent breach of the same or any other
term, covenant, condition, law, rule, or regulation.
14.5
The Town shall, upon notice or with knowledge obtained by the Town, or others,
take any and all proactive actions necessary, and provide any and all applicable
remedies to address and correct any act by it or its employees, officials, successors,
assigns, contractors, or Subcontractors that resulted in any wrongdoing (intentional
or unintentional); misuse or misappropriation of funds; the incorrect or improper
disposition of funds; any violations of any federal, state, or local laws, rules, or
regulations; or the breach of any certifications or warranties provided in this
Agreement.
15.0
SEVERABILITY
Any provision of this Agreement that is determined to be invalid, void, or illegal by a court
shall in no way affect, impair, or invalidate any other provision of this Agreement, and the
remaining provisions shall remain in full force and effect.
16.0
STRICT COMPLIANCE
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Town of Gilbert
The County’s acceptance of the Town’s performance that is not in strict compliance with the
terms of this Agreement, shall not be deemed to waive the requirements of strict compliance
for all future performance. All changes in performance obligations under this Agreement
shall follow Section 1 (General Provisions), Paragraph 4.0 (Amendments) of this
Agreement.
17.0
NON-LIABILITY
The County and its agents, representatives, officials, officers, directors, employees,
volunteers, departments, agencies, boards, committees, and commissions shall not be
liable for any act or omission by the Town, or Vendor or any agent, representative, official,
officer, director, employee, volunteer, department, agency, board, committee, or
commission of the Town, or Vendor occurring in the performance of this Agreement, nor
shall the County and its agents, representatives, officials, officers, directors, employees,
volunteers, departments, agencies, boards, committees, and commissions be liable for
purchases or contracts made by the Town, Vendor or any agent, representative, official,
officer, director, employee, volunteer, department, agency, board, committees, or
commissions of the Town, or the Vendor, in connection with this Agreement.
18.0
INDEMNIFICATION
To the extent permitted by law, the Town shall, and shall cause any of its Subcontractors,
to indemnify, defend, save and hold harmless the County, any jurisdiction or agency
issuing any permits for any work arising out of this Agreement, and their respective agents,
representatives, officials, officers, directors, employees, volunteers, departments,
agencies, boards, committees, and commissions (hereafter referred to as “Indemnitee”)
from and against any and all claims, demands, actions, liabilities, damages, losses,
judgments, or expenses (including court costs, attorney and expert fees, and costs of
claim processing, investigation, and litigation) (hereafter referred to as “Claims”): A.) that
either directly or indirectly are caused by, arise from, or relate to breach of this Agreement
by the Town, and any of its Subcontractors, or any of the agents, representatives, officials,
officers, directors, employees, volunteers, departments, agencies, boards, committees, or
commissions of the Town, and any of its Subcontractors; and B.) for bodily injury or
personal injury (including death), or loss or damage to tangible or intangible property that
are either directly or indirectly caused by, arise from, or relate to, or are alleged to be
caused by, arise from, or relate to, in whole or in part, the negligent or willful acts or
omissions of the Town, and any of its Subcontractors, or any of the agents,
representatives, officials, officers, directors, employees, volunteers, departments,
agencies, boards, committees, or commissions of the Town, and any of its Subcontractors.
This indemnity includes any claim or amount arising out of or recovered under the
Workers’ Compensation Law or arising out of the failure of the Town, or any of its
Subcontractors to conform to any federal, state or local laws, statutes, ordinances, rules,
regulations, or court decrees. It is the specific intention of the Parties that the Indemnitee
shall, in all instances, except for Claims arising solely from the negligent or willful acts or
omissions of the Indemnitee, be indemnified by the Town, and any of its Subcontractors
from and against any and all claims. It is agreed that the Town, and any of its
Subcontractors will be responsible for primary loss investigation, defense, and judgment
costs where this indemnification is applicable.
19.0
TECHNICAL ASSISTANCE
The County shall provide reasonable technical assistance to the Town to assist in complying
with state and federal laws and regulations, and accountability for diligent performance and
compliance with the terms and conditions of this Agreement and all applicable laws,
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Town of Gilbert
regulations, and standards. However, this assistance in no way relieves the Town of full
responsibility and accountability for its actions and performance in compliance with the
terms of this Agreement.
20.0
SINGLE AUDIT ACT REQUIREMENTS
The Town is subject to the federal audit requirements of the Single Audit Act of 1984, as
amended (Pub. L. No. 98-502) (codified at 31 U.S.C. §§ 7501, et seq.). The Town shall
comply with 2 C.F.R. §§ 200, et seq. Upon completion, such audits shall be made available
for public inspection. Audits shall be submitted within the twelve (12) months following the
close of the fiscal year. The Town shall take corrective actions within six (6) months after
the date of receipt of the reports. The County shall consider sanctions as described in 2
C.F.R. § 200.505 if it is determined by either HUD or the County that the Town is not in
compliance with the audit requirements.
21.0
AUDIT DISALLOWANCES
21.1
The Town shall, upon written notice, reimburse the County for any payments made
under this Agreement that are disallowed by a federal, state, or County audit in the
amount of the disallowance, as well as court costs and attorney and expert fees the
County spends to pursue legal action relating to a disallowance. Court costs and
attorney and expert fees incurred will be specifically identified as applicable to the
recovery of the disallowed costs in question.
21.2
If the County determines that a cost for which payment has been made is a
disallowed cost, then the County will notify the Town in writing of the disallowance
and the required course of action, which shall be at the option of the County, either
to adjust any future claim submitted by the amount of the disallowance or to require
immediate repayment of the disallowed amount by the Town issuing a check
payable to the County.
22.0
STAFF AND VOLUNTEER TRAINING
The County may make available to the Town the opportunity to participate in any applicable
training activities conducted by the County.
23.0
CLEAN AIR ACT
If the total face value of this Agreement exceeds $100,000, then the Town agrees to comply
with all regulations, standards, and orders issued under the Clean Air Act of 1970, as
amended (42 U.S.C. §§ 7401, et seq.), to the extent any are applicable by reason of
performance of this Agreement.
24.0
LOBBYING
24.1
No federal appropriated funds have been paid or will be paid by or on behalf of the
Town to any person for influencing or attempting to influence an officer or employee
of any agency, a member of Congress, an officer or employee of Congress, or an
employee of a member of Congress in connection with the awarding of any federal
agreement, the making of any federal grant, the making of any federal loan, the
entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any federal agreement, grant, loan, or
cooperative agreement.
24.2
If any funds, other than federal appropriated funds, have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, an officer or employee of Congress, or an employee
of a member of Congress in connection with any federal agreement, grant, loan or
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Town of Gilbert
cooperative agreement, then the Town shall complete and submit OMB Form-LLL,
titled "Disclosure of Lobbying Activities," in accordance with its instructions and 31
U.S.C. § 1352.
25.0
RELIGIOUS ACTIVITIES
The Town agrees that none of its costs and none of the costs incurred by any Vendor will
include any expense for any religious activity.
26.0
POLITICAL ACTIVITY PROHIBITED
None of the funds, materials, property, or services contributed by the County or the Town
under this Agreement shall be used for any partisan political activity, or to further the election
or defeat of any candidate for public office.
27.0
COVENANT AGAINST CONTINGENT FEES
The Town warrants that no person or entity has been employed or retained to solicit or
secure this Agreement upon an agreement or understanding for a commission, percentage,
brokerage, or contingent fee. For breach or violation of this warranty, the County may
immediately terminate this Agreement without liability.
28.0
SAFEGUARDING OF PARTICIPANT INFORMATION
The use or disclosure by any Party of any information concerning an applicant for, or
recipient of, services under this Agreement is directly limited to the purpose of this
Agreement. The Town and its agents shall safeguard the confidentiality of this information
as required by federal and state law. The Town shall include a clause to this effect in all
Subcontracts.
29.0
RIGHTS IN DATA
The Parties shall have the use of data and reports resulting from this Agreement without
cost or other restriction, except as otherwise provided by law or applicable regulation. Each
Party shall supply the other Parties, upon request, any available information that is relevant
to this Agreement and to the performance under it.
30.0
COPYRIGHTS
If this Agreement results in a book or other written material, then the author is free to
copyright the work, but the County reserves a royalty-free, nonexclusive, perpetual, and
irrevocable license to reproduce, publish, use, and to authorize others to use all copyrighted
material and all material that can be copyrighted as a result of this Agreement.
31.0
PATENTS
Any discovery or invention arising out of, or developed in the course of, work aided by this
Agreement shall be promptly and fully reported to the County for determination as to whether
patent protection on such invention or discovery shall be sought and how the rights in the
invention or discovery, including rights under any patent issued on such invention or
discovery, shall be disposed of and administered in order to protect the public interest.
32.0
AGREEMENT COMPLIANCE MONITORING
32.1
The County will monitor the Town’s compliance with fiscal and programmatic
performance under the terms and conditions of this Agreement and applicable
regulations promulgated by the HUD and Maricopa County. On-site visits for
compliance monitoring may be made by either the County or its grantor agencies (or
by both the County and its grantor agencies) at any time during the Town's normal
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Town of Gilbert
business hours, announced or unannounced. For auditing purposes, the County
shall provide the Town with a 30-day advance notice of any proposed on-site visits.
During an on-site visit, the Town shall make all its records and accounts related to
work performed under this Agreement available to the County for inspection and
copying.
32.2
The County shall request information for monitoring/audit per Office of Management
and Budget (OMB) Uniform Guidance 2 C.F.R. § 200, to include:
32.2.1 Financial Management 2 C.F.R. § 200.302
32.2.2 Internal Controls 2 C.F.R. § 200.303
32.2.3 Bonds 2 C.F.R. § 200.304
32.2.4 Payment and Financial Reporting 2 C.F.R. § 200.305
32.2.5 Cost Sharing or Matching 2 C.F.R. § 200.306
32.2.6 Program Income 2 C.F.R. § 200.307
32.2.7 Revision of Budget and Program Plans 2 C.F.R. § 200.308
32.2.8 Period of Performance 2 C.F.R. § 200.309
32.2.9 Insurance Coverage 2 C.F.R. § 200.310
32.2.10 Record Retention and Access 2 C.F.R. § 200.31
32.2.11 Procurement Standards 2 C.F.R. § 200.318
32.2.12 Indirect Costs 2 C.F.R. § 200.414
32.2.13 Compensation-Personal Services 2 C.F.R. § 200.430
32.2.14 Audit Requirements 2 C.F.R. § 200.501-200.517
33.0
CONTINGENCY RELATING TO OTHER CONTRACTS AND GRANTS
33.1
The Town shall, during the term of this Agreement, immediately inform the Lead
Agency in writing of any other agreement or grant, including any other agreement or
grant awarded by the County, where the award may affect either the direct or indirect
costs being paid or reimbursed under this Agreement. Failure by the Town to notify
the County of such award shall be considered a violation of this Agreement and the
County may immediately terminate this Agreement without liability.
33.2
The County may request, and the Town will provide within a reasonable time, which
shall not exceed ten (10) business days, a copy of such other agreement or grant,
when in the opinion of the County the award of the Agreement or grant may affect
the costs being paid or reimbursed under this Agreement.
33.3
If the County determines that the award to either the Town of such other agreement
or grant has affected the costs being paid or reimbursed under this Agreement, then
the County will prepare an amendment to this Agreement effecting a cost
adjustment. If the Town disputes the proposed cost adjustment, then the dispute
shall be resolved pursuant to the "Disputes" section contained in this Agreement.
34.0
MINIMUM WAGE REQUIREMENTS
The Town warrants that it shall pay all of its employees who are engaged in either performing
work or providing services under the terms of this Agreement not less than the minimum
wage specified under Section 206(a)(1) of the Fair Labor Standards Act of 1938, as
amended (29 U.S.C. §§ 201, et seq.), by law and regulation, and, as applicable, Executive
Order 13658, as amended, and as specified by Arizona law.
35.0
RECOGNITION OF DEPARTMENT SUPPORT
The Town will give recognition to the County and the funding source for its support when
the Town publishes materials that are (or releases of public information that is) paid for either
in whole or in part with funds received by the Town under this Agreement.
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Town of Gilbert
36.0
INSURANCE
36.1
The Town shall purchase and maintain the minimum insurance stipulated in this
Agreement from a company or companies duly licensed by the State of Arizona
and possessing a current A.M. Best, Inc. rating of B++6 or higher. In lieu of State
of Arizona licensing, the stipulated insurance may be purchased from a company
that is or companies that are authorized to do business in the State of Arizona,
provided that such insurance company or companies meet the approval of the
County. The form of any insurance policies and forms must be acceptable to the
County.
36.2
All insurance required under this Agreement shall be maintained in full force and
effect until all work or service required to be performed under the terms of this
Agreement is satisfactorily completed and formally accepted. Failure to do so may,
at the sole discretion of the County, constitute a material breach of this Agreement.
36.3
The Town’s insurance shall be primary insurance in respect to the County, and
any insurance or self-insurance maintained by the County shall not contribute to it.
36.4
Any failure to comply with the claim reporting provisions of the insurance policies
or any breach of an insurance policy warranty shall not affect coverage afforded
under the insurance policies to protect the County.
36.5
The insurance policies may provide coverage that contains deductibles or self-
insured retentions. Such deductible or self-insured retentions (or both) shall not be
applicable with respect to the coverage provided to the County under those
policies. The Town shall be solely responsible for the deductible and self-insured
retention and the County, at its option, may require the Town to secure payment
of such deductibles or self-insured retentions by a surety bond or an irrevocable
and unconditional letter of credit.
36.6
The County reserves the right to request and to receive, within 10 business days,
certified copies of any or all of the insurance certificates required under this
Agreement. The County shall not be obligated to review either policies or
endorsements (or both) or to advise the Town of any deficiencies in such policies
and endorsements, and such receipt shall not relieve the Town from, or be deemed
a waiver of the County’s right to insist on strict fulfillment of the Town’s obligations
under this Agreement.
36.7
The insurance policies required by this Agreement, except Workers’
Compensation, shall name the County and its agents, representatives, officials,
officers, directors, employees, volunteers, departments, agencies, boards,
committees, and commissions as Additional Insureds.
36.8
The policies required under this Agreement, except Workers’ Compensation, shall
contain waivers of transfer of rights of recovery (subrogation) against the County
and its agents, representatives, officials, officers, directors, employees, volunteers,
departments, agencies, boards, committees, and commissions for any claims
arising out of the work or service of the Town.
36.9
The Town’s policies shall stipulate that the insurance afforded the Town shall be
primary insurance and that any insurance carried by the County and its agents,
representatives, officials, officers, directors, employees, volunteers, departments,
agencies, boards, committees, or commissions shall be excess and not
contributory insurance, as provided by A.R.S. § 41-621.
36.10 Coverage provided by the Town shall not be limited to the liability assumed under
the Indemnification provisions of this Agreement.
36.11 The Town shall have coverage in effect at all times during the term of this
Agreement in as much that is adequate to protect the County and its agents,
representatives, officials, officers, directors, employees, volunteers, departments,
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Town of Gilbert
agencies, boards, committees, and commissions and equipment funded under this
Agreement against such losses as are set forth below. The Town shall each name
the County and its agents, representatives, officials, officers, directors, employees,
volunteers, departments, agencies, boards, committees, and commissions as
additional insured parties. The Town shall provide the County with documentation
of insurance coverage by furnishing the County a certificate of insurance or a
certified copy of the insurance policy or other documentation.
36.12 The following types and amounts of insurance are required as a minimum:
36.12.1
Workers' Compensation according to statutory limits;
36.12.2
Unemployment Insurance as required by Arizona Law;
36.12.3
Public Liability, Bodily Injury, and Property Damage;
36.12.3.1 General Liability, each occurrence, $1,000,000; and
36.12.3.2 Property Damage $1,000,000; or combined single limit each
occurrence $1,000,000.00 minimum 3 Automobile and
Truck Liability with minimum limits of $1,000,000.00 per
occurrence.
36.12.4
Standard minimum deductible amounts are allowable. Any deductible
amounts are the responsibility of the Town and reimbursements, if any,
under this Agreement are subject to regulatory provisions of the funding
source(s) of this Agreement.
36.12.5
Property or equipment purchased or furnished through funds provided
under this Agreement shall be fully insured for the purchase or
replacement cost of such property or equipment.
36.13 Certificates of Insurance:
36.13.1
Upon execution of this Agreement, the Town shall furnish the County
with valid and complete certificates of insurance or formal
endorsements as required by the Agreement, issued by the Town’s
insurer(s), as evidence that policies providing the required coverage,
conditions, and limits required by this Agreement are in full force and
effect. Such certificates shall identify this Agreement by number and
title.
36.13.2
Prior to commencing either work or services under this Agreement,
the Town shall have insurance in effect as required by this
Agreement in the form provided by the County, issued by the Town’s
insurer(s), as evidence that policies providing the coverage,
conditions, and limits required by this Ag reement are in full force
and effect. Such certificates shall be made available to the County
within ten (10) business days of request by County. BY SIGNING
THIS
AGREEMENT,
THE
TOWN
AGREES
TO
THIS
REQUIREMENT
AND
THAT
FAILURE
TO
MEET
THIS
REQUIREMENT WILL RESULT IN CANCELLATION OF THIS
AGREEMENT.
36.13.3
In the event any insurance policies required by this Agreement are
written on a “claims made” basis, coverage shall extend for two years
past completion and acceptance of the Town’s work or services and as
evidenced by annual Certificates of Insurance.
36.13.4
If a policy does expire during the life of this Agreement, then a renewal
certificate must be sent to the County fifteen (15) business days prior
to the expiration date.
36.14 Cancellation and Expiration Notice:
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Town of Gilbert
Insurance required under this Agreement shall not be permitted to expire, be
canceled, or materially changed without thirty (30) business day’s prior, written
notice to the County.
36.15 Subcontractors:
Either the Town’s certificate(s) shall include all Subcontractors as insureds under
its policies or the Town shall furnish to the County separate certificates for each
Subcontractor. All coverages for Subcontractors shall be subject to the minimum
requirements identified above.
36.16 Approval:
Any modifications or variations from the insurance requirements in this Agreement
must have prior approval from the County whose decision shall be final. Such
action will require a formal Amendment and must be approved and signed by both
Parties.
36.17 Exceptions:
In the event the Town, or a Subcontractor is a public entity, the Insurance
Requirements shall not apply to such public entity. Such public entity shall provide
a Certificate of Self-Insurance.
37.0
BONDING
37.1
The Town shall not commence performance or receive any reimbursements under
this Agreement until such time as an assurance of performance (performance bond)
shall have been provided in the full amount of this Agreement.
37.2
Any performance bond shall be from a company with a rating not less than B++ and
shall be in form acceptable to the Maricopa County Attorney.
37.3
The Town shall provide the County with documentation of required bonding.
37.4
Nothing contained in this paragraph shall limit the ability of the Developer to provide
multiple assurances provided that the total assured amount shall be not less than
the full amount of this Agreement.
38.0
GRIEVANCE PROCEDURE
The Town shall establish a system through which applicants for, and recipients of, services
may present grievances and may take appeals about eligibility and other aspects of the
Town’s work under this Agreement. The grievance procedure shall include provisions for
notifying the applicants for, and recipients of, services of their eligibility or ineligibility for
service and their right to appeal to the County if the grievance is not satisfied at the Town’s
level. This system shall include protest procedures for decisions related to contract awards
and requests for reasonable accommodations for persons with disabilities.
39.0
NONDISCRIMINATION
The Town, in connection with any service or other activity under this Agreement, shall not
in any way discriminate against any person on the grounds of race, color, religion, sex,
national origin, age, disability, political affiliation or belief. The Town shall include this clause
in all its Subcontracts.
40.0
EQUAL EMPLOYMENT OPPORTUNITY
40.1
The Town shall not discriminate against any employee or applicant for employment
because of race, age, disability, color, religion, sex, or national origin.
40.2
The Town shall each take affirmative action to ensure applicants are employed and
that employees are treated during employment without regard to their race, age,
disability, color, religion, sex, or national origin. Such action shall include but is not
limited to the following: employment, upgrading, demotion or transfer, recruitment or
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Town of Gilbert
recruitment advertising, lay-off or termination, rates of pay or other forms of
compensation, and selection for training, including apprenticeship.
40.3
The Town shall, to the extent the following provisions apply, comply with:
40.3.1
Title VI and VII of the Civil Rights Act of 1964, as amended (42 U.S.C.
§§ 2000a, et seq.);
40.3.2
the Rehabilitation Act of 1973, as amended (29 U.S.C. §§ 701, et seq.);
40.3.3
the Age Discrimination in Employment Act of 1967, as amended (29
U.S.C. §§ 621, et seq.);
40.3.4
the Americans With Disabilities Act of 1990 (42 U.S.C. §§ 12101, et
seq.); and
40.3.5
Arizona Executive Order 2009-09, as amended, et seq. which mandates
that all persons shall have equal access to employment opportunities.
41.0
DISABILITY REQUIREMENTS
The Town agrees that any electronic or information technology offered under this
Agreement shall comply with Section 508 of the Rehabilitation Act of 1973, which requires
that employees and members of the public shall have access to and use of information
technology that is comparable to the access and use by employees and members of the
public who are not individuals with disabilities.
42.0
UNIFORM ADMINISTRATIVE REQUIREMENTS
The Town agrees to comply with all applicable provisions of Title 2, Subtitle A, Chapter II,
Part 200—Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards contained in 2 C.F.R. §§ 200, et seq.
43.0
FINANCIAL MANAGEMENT
The Town shall establish and maintain a separate, interest-bearing bank account for money
provided under this Agreement, or an accounting system that assures the safeguarding and
accountability of all money and assets provided under this Agreement. No part of the money
deposited in such bank account shall be commingled. All interest earned on such an account
shall be disposed of in a manner specified by the County in accordance with applicable state
and federal regulations. The Town shall provide a signed bank account agreement
authorizing the County to obtain information about the account. If an accounting system is
used, then it shall be in accordance with generally accepted accounting principles.
44.0
RETENTION OF RECORDS
44.1
This provision applies to all financial and programmatic records, supporting
documents, statistical records, and other records of the Town that are related to this
Agreement.
44.2
The Town shall retain all records related to this Agreement for a minimum of six (6)
years after final payment or until after the resolution of any audit questions, which
could be more than six (6) years, whichever is longer, or for the period of affordability
imposed by deed restrictions. The County, federal and state auditors, and any other
persons duly authorized by the County, shall have full access to, and the right to
examine, copy, and make use of any and all of the records.
45.0
ADEQUACY OF RECORDS
If the Town’s books, records, and other documents related to this Agreement are not
sufficient to support and document that allowable services were provided to eligible
participants, then the Town shall reimburse the County for the services not supported and
documented.
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Town of Gilbert
46.0
COMPETITIVE BID REQUIREMENTS
46.1
Equipment
The Town shall obtain all equipment to be utilized under this Agreement and
purchased with funds provided under this Agreement at the lowest practical cost in
accordance with the following competitive bidding system:
46.1.1 Procurements less than $3,000 (micro-purchases) are exempt from needing
competitive quotes.
46.1.2 Procurements exceeding an aggregate amount of $3,000 shall be approved
by the County. At least three (3) bidders shall be solicited to submit written
quotations. The award shall be made to the lowest bidder meeting
specification requirements concerning price, conformity to specifications,
and other purchasing factors.
46.2
Supplies
The Town shall obtain all supplies to be utilized under this Agreement and purchased
with funds provided under this Agreement at the lowest practical cost and in
accordance with a system of written quotes whenever the price is expected to be
greater than $300, unless the Town obtains the County’s prior written approval to
purchase supplies by an alternate method.
46.3
Minority, Women, and Small Business Enterprises
The Town shall take affirmative steps to provide an opportunity for minorities,
women, and small businesses to compete in the procurement of equipment and
supplies under this Agreement.
46.4
Funding source requirements relating to competitive bid procedures may supersede
any or all subparts of this clause and will be specified in the Special Provisions
section of this Agreement.
47.0
PROPERTY
Any property furnished or purchased under the terms of this Agreement shall be utilized,
maintained, repaired, and accounted for in accordance with instructions furnished by the
County and shall revert to the County upon termination of this Agreement unless the County
determines otherwise. The costs to repair such property are the responsibility of the Town
within the limits budgeted under this Agreement. Repair costs beyond the budgeted amount
shall be approved by the County.
48.0
IMMIGRATION LAWS AND REGULATIONS
48.1
Federal Immigration and Nationality Act
48.1.1 The Town understands and acknowledges the applicability of the
Immigration Reform and Control Act of 1986 (IRCA). The Town agrees to
comply with the IRCA in performing under this Agreement and to permit the
other Parties to inspect personnel records to verify such compliance.
48.1.2 The Town warrants compliance with the Federal Immigration and
Nationality Act (FINA) and all other federal immigration laws and
regulations related to the immigration status of its employees. The Town
shall obtain statements from its Subcontractors certifying compliance and
shall furnish the statements to the Assistant Director upon request. These
warranties shall remain in effect through the term of this Agreement. The
Town and its Subcontractors shall also maintain Employment Eligibility
Verification forms (I-9) as required by the U.S. Department of Labor’s
Immigration and Control Act for all employees performing work under the
Agreement. I-9 forms are available for download at USCIS.GOV.
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Town of Gilbert
48.1.3 The County may request verification of compliance for any employees or
Subcontractors performing work under this Agreement. Should the County
either suspect or find that the Town or any of its Subcontractors are not in
compliance, then the County may pursue any and all remedies allowed by
law, including, but not limited to: suspension of work, termination of this
Agreement for default, and suspension or debarment (or both) of the Town.
All costs necessary to verify compliance are the responsibility of the Town
and its Subcontractor(s).
48.2
Arizona Law
48.2.1 The Town warrants that it will comply with A.R.S. § 41-4401 (e-verify
requirements) and further acknowledge that:
48.2.2 The Town and its Subcontractors and Vendors, if any, warrant their
compliance with all federal immigration laws and regulations that relate to
their employees and their compliance with A.R.S. § 23-214;
48.2.3 A breach of a warranty under Subparagraphs 48.2.1 and 48.2.2 above shall
be deemed a material breach of this Agreement and the County may
immediately terminate this Agreement without liability; and
48.2.4 The County and any contracting government entities retain the legal right to
inspect the papers and employment records of any employees of the Town
and its Subcontractors and Vendors who work on this Agreement to ensure
that the Town and its Subcontractors and Vendors are complying with the
warranty provided under Subparagraphs 48.2.1 and 48.2.2 above and that
the Town agrees to make all papers and employment records of such
employee(s) available during normal working hours in order to facilitate such
an inspection.
49.0
GOVERNOR’S EXECUTIVE ORDER NO. 88-26
The Town is required to use the Arizona Taxonomy of Human Services for reporting and
contracting purposes.
50.0
EMPLOYMENT DISCLAIMER
50.1
This Agreement is not intended to constitute, create, give rise to, or otherwise
recognize a joint venture agreement, partnership, or other formal business
association or organization of any kind amongst the Parties, and the rights and
obligations of the Parties shall be only those expressly set forth in this Agreement.
50.2
The Parties agree that no individuals performing activities under this Agreement on
behalf the Town are to be considered a County employee, and no rights of County
civil service, County retirement, or County personnel rules shall accrue to such
individuals. The Town shall have total responsibility for all its salaries, wages,
bonuses, retirement, withholdings, workers’ compensation, occupational disease
compensation, unemployment compensation, other employee benefits, and all taxes
and premiums appurtenant thereto concerning such individuals and shall defend
and hold the County harmless with respect thereto.
51.0
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND
VOLUNTARY EXCLUSION
51.1
The undersigned individuals, by signing and submitting this Agreement have the
authority to certify the Town to the terms, representations, and warranties of this
Certification. The Town, defined as the primary participant in accordance with 2
C.F.R. Part 376, certifies to the best of its knowledge and belief that it and its
principals:
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Town of Gilbert
51.1.1 are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any federal
department or agency;
51.1.2 have not, within a 3-year period preceding this Agreement, been convicted
of or had a civil judgment rendered against them for the commission of fraud
or a criminal offense in connection with obtaining, attempting to obtain, or
performing a public (federal, state, or local) transaction or contract under a
public transaction; violation of any federal or state antitrust statutes, or
commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
51.1.3 are not presently indicted or otherwise criminally or civilly charged by a
governmental entity (federal, state, or local) with the commission of any of
the offenses enumerated in Subparagraph 51.1.2 of this certification;
51.1.4 have not, within a 3-year period preceding this Agreement, had one or more
public transactions (federal, state, or local) terminated for cause or default;
51.1.5 shall immediately notify the County if, at any time during the term of this
Agreement, they are debarred, suspended, declared ineligible, or voluntarily
excluded from participation. The County may pursue available remedies in
the event of such occurrence, including immediate termination of this
Agreement; and
51.1.6 shall not enter into a Subcontract or sub-recipient agreement with any person
or organization that is debarred, suspended, declared ineligible, or
voluntarily excluded from participation. The County may pursue available
remedies in the event of such occurrence, including immediate termination
of this Agreement.
51.2
The Town shall include, without modification, this Certification’s language, titled
“Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary
Exclusion” in all agreements with other contractors, in all lower tier covered
transactions, and in all solicitations for lower tier covered transactions in accordance
with 45 C.F.R. Part 76.
51.3
Should the Town not be able to provide this Certification, an explanation as to why
shall be immediately provided to the County, Attention: Housing and Community
Development Assistant Director, 234 North Central Avenue, Third Floor, Phoenix,
Arizona 85004.
52.0
CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO
INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS
52.1
The Town agrees that this Agreement and employees working on this Agreement
will be subject to the whistleblower rights and remedies in the pilot program on
contractor employee whistleblower protections established at 41 U.S.C. § 4712 by
Section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub.
L. 112–239) and Section 3.908 of the Federal Acquisition Regulation;
52.2
The Town shall inform its employees in writing, in the predominant language of the
workforce, of employee whistleblower rights and protections under 41 U.S.C. §
4712, as described in Section 3.908 of the Federal Acquisition Regulation.
Documentation of such employee notification must be kept on file by the Town and
copies provided to the County upon request; and
52.3
The Town shall insert the substance of this clause, including this Subparagraph, in
all Subcontracts over the simplified acquisition threshold ($150,000 as of
September 2013).
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Town of Gilbert
53.0
WRITTEN CERTIFICATION IN ACCORDANCE WITH A.R.S. § 35-393.01
53.1
If the Town engages in for-profit activity and has 10 or more employees, and if this
Agreement has a value of $100,000 or more, then the Developer certifies it is not
currently engaging in and agrees for the duration of this Agreement not to engage
in, a boycott of goods or 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.
54.0
SURVIVAL
54.1
The indemnification, hold harmless, defense, and non-liability provisions of this
Agreement shall have full force and effect notwithstanding any other provisions in
this Agreement and shall survive the termination or expiration of this Agreement.
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Town of Gilbert
SECTION 2
SPECIAL PROVISIONS
MARICOPA COUNTY
HUMAN SERVICES DEPARTMENT
Section 2
Special Provisions
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Town of Gilbert
1.0
STANDARDS
The Town shall perform the work and provide the services identified in the Work Statement
and shall immediately notify the County whenever the Town is unable to, or anticipates an
inability to, perform any of the work, or provide any of the services required by the terms
of this Agreement. The Town acknowledges that any inability to perform the work and
provide the services, or comply with the standards, set forth in this Agreement may subject
the Town to the remedies provided in the Default and Remedies for Noncompliance
established in the General Provisions.
2.0
COMPLIANCE WITH LAWS, RULES & REGULATIONS
This Agreement and the Parties to it are subject to all applicable federal, state, or local
laws, rules, and regulations. The Town shall comply with all applicable laws, rules and
regulations, without limitation to those designated within this Agreement.
3.0
COMPLIANCE WITH REQUIREMENTS REGARDING ELIGIBILITY FOR PUBLIC
BENEFITS
3.1
The Town shall comply with state and other laws regarding eligibility for public
benefits, including A.R.S. §§ 1-501 and 1-502, which state that public benefits shall
only be provided to eligible applicants who are citizens of the United States, or are
Qualified Non-Citizens:
3.1.1 All applicants authorized to receive public benefits must provide
documentation of their lawful presence in the United States through a
verification process.
3.1.2 All eligible applicants must also execute a sworn affidavit stating that the
documentation provided during the verification process to prove citizenship
or qualified non-citizen is true.
3.1.3 The Affidavit Demonstrating Lawful Presence in the United States or similar
form shall be used to document compliance with requirements listed above.
3.1.4 Maricopa County and its subcontracted entities are required to report
“discovered violations” of federal immigration law.
3.1.5 Federal public benefits are defined in A.R.S. § 1-501 as any grant, contract,
loan, professional license, or commercial license provided by an agency of
the United States or by appropriated funds of the United States; and any
retirement, welfare, health, disability, public or assisted housing,
postsecondary education, food assistance, unemployment benefit, or any
other similar benefit for which payments or assistance are provided to an
individual, household, or family eligibility unit by an agency of the United
States or by appropriated funds of the United States.
3.1.6 State or local public benefits are defined in A.R.S. § 1-502 as any grant,
contract, loan, professional license, or commercial license provide by an
agency of the state or local government or by appropriated funds of a state
or local government; and any retirement, welfare, health, disability, public
or assisted housing, postsecondary education, food assistance,
unemployment benefit, or any other similar benefit for which payments or
assistance are provided to an individual, household, or family eligibility unit
by an agency of a state or local government or by appropriated funds of a
state or local government.
3.2
Programs, services, or assistance (such as soup kitchens, crisis counseling and
intervention, and short-term shelter) that meet the following conditions are exempt
from A.R.S. §§ 1-501 and 1-502:
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Town of Gilbert
3.2.1 deliver in-kind services at the community level, including through public or
private nonprofit agencies;
3.2.2 do not condition the provision of assistance, the amount of assistance
provided, or the cost of assistance provided on the individual recipient’s
income or resources; and
3.2.3 are necessary for the protection of life or safety.
4.0
AUDIT REQUIREMENTS
The Town shall, at its own expense, file with the Human Services Department, Housing
and Community Development Division, by March 30th of each year, either audited
financial statements prepared in accordance with federal single audit requirements, or
financial statements of the HOME Program prepared in accordance with generally
accepted accounting principles audited by an independent certified public accountant.
5.0
SPECIAL FEDERAL AND PROJECT PROVISIONS
5.1
In accordance with HUD HOME Program regulations, the Town agrees to use
HOME funds pursuant to the Five-Year Consolidated Plan and the Annual Action
Plan as approved by HUD and all requirements of 24 C.F.R. § 92. The Town will
require that this requirement is included in the award documents for all subawards
at all tiers (including Subcontracts, subgrants, and agreements under grants,
loans, and cooperative agreements) and that all Subcontractors and Vendors shall
certify and disclose accordingly. The Annual Action Plan is hereby incorporated by
reference into this Agreement. The Project activities are described in Section 3
(Work Statement). The Town shall be responsible to provide reports of all activities
related to the Work Statement. The Town agrees to submit to the County the
following reports:
5.1.1 Program Income Report: If applicable, due annually on March 31st.
5.1.2 Quarterly Performance Reports: due on the 15th of January, April, July,
and October of the preceding three (3) months (i.e., the July report covers
the months of April, May, and June). Reports shall address all Project
activities described in the Work Statement. Failure to submit timely
Quarterly Performance Reports will result in suspension of reimbursement
of funds requested until all reports are brought current.
5.1.3 Request for Reimbursements: The Request for Reimbursement Form
must include all supporting documentation, and a Match Log. The Town
will complete the documents and submit them to the County for approval.
5.1.4 HOME Setup Reports: due within one (1) year after the date this
Agreement is fully executed. According to 24 C.F.R. § 92.250 (b): Before
Setup Reports are submitted, the Town must evaluate the Project in
accordance with guidelines that the Town has adopted for determining a
reasonable level of profit or return on its investment in the Project and must
not commit or invest any more HOME funds, alone or in combination with
other governmental assistance, than are necessary to provide quality
affordable housing that is financially viable for a reasonable period (at a
minimum, the period of affordability in accordance with 24 C.F.R. §§ 92.252
and 92.254) and that will not provide a profit or return on the Town’s
investment that exceeds the Town’s established standards for the size,
type, and complexity of the Project.
5.1.5 HOME Completion Report: due no later than sixty (60) days after final
payment is requested. The HOME Completion Report must include all
required documents as described in this Agreement. Within ten (10)
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Town of Gilbert
business days after receipt of the HOME Completion Report, the County
will enter the Project completion data into the HUD Exchange Integrated
Disbursement and Information System (IDIS). The date the HOME
Completion Report is entered into IDIS is the date the affordability period
commences for each activity.
5.1.6 Initial Request for Reimbursement form: with required documentation
for each activity is due within 45 (forty-five) days after submitting a HOME
Setup Report.
5.1.7 Other HUD: required reporting data as applicable.
6.0
PROGRAM INCOME
6.1
Program Income may be retained and used by the Town for HOME-eligible
activities that benefit low-income families, as outlined in 24 C.F.R. § 92. Any
Program Income received by the Town must be retained and reported by the
County in the following year's Annual Action Plan. The Town will report to the
County by March 31st of each year the amount of HOME Program Income
received during the period of April 1st to March 31st. Maricopa County then will
report the Program Income funds to HUD in the HOME Consortium’s Annual Action
Plan, designating the activity type for which the Program Income will be expended.
7.0
REAL PROPERTY ACQUIRED or IMPROVED WITH HOME FUNDS
7.1
Upon expiration of this Agreement, any real property under the Town’s control that
was acquired or improved in whole or in part with HOME funds must be occupied
by low- or very-low income households (or both) and in compliance with HOME
occupancy limits and must meet the requirements to qualify as affordable housing
subject to encumbrances and obligations described in any applicable recorded
deed restrictions. The option to use deed restrictions must include a period of
affordability as set forth in 24 C.F.R. §§ 92.252 and 92.254.
8.0
DE-OBLIGATION
8.1
The County may de-obligate funds under this Agreement under any one or more
of the following circumstances upon written notice to the Town:
8.1.1 The Town completes performance under the Work Statement without using
all funds provided by the County under this Agreement;
8.1.2 A Program activity under the Work Statement is cancelled or changed for
reasons other than non-performance; or
8.1.4 This Agreement has been terminated.
9.0
REDUCTION IN FUNDS
9.1
The County, through an Amendment, may reduce Agreement funds under either
of the following circumstances:
9.1.1 The County determines that the Town failed to utilize the funds provided by
this Agreement in compliance with the terms and conditions outlined
herein; or
9.1.2 The Town failed to perform in accordance with Section 3 (Work Statement)
and identified timelines.
10.0
REPAYMENT OF FUNDS
The Town shall repay funds that are defined as unallowable costs under applicable laws
and regulations. This repayment obligation extends to, but is not limited to, questioned
costs identified in either a monitoring review or Single-Audit report. Repayment of funds
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Town of Gilbert
is required by HUD for failed projects during the period of affordability for Projects financed
under this Agreement. The County may specify in writing the terms of the repayment or
alternative terms in lieu of repayment. However, in no case shall repayment or alternative
terms be accomplished later than one hundred eighty (180) calendar days following the
written determination by the County of noncompliance.
11.0
ADMINISTRATIVE REQUIREMENTS
11.1
The County is responsible for ensuring HUD HOME Program funds are
administered in accordance with the HOME regulations, 24 C.F.R. §§ 92, et seq.
The County shall monitor the Town’s activities to ensure compliance with the
following:
11.1.1 FINANCIAL RECORDS: accounting system and financial records comply
with the applicable requirements and standards of 2 C.F.R. 200, et seq.
and are subject to monitoring from time to time by the either the County or
by HUD.
11.1.1.1
The Town agrees to adhere to accounting principles and
procedures, to utilize adequate internal controls, and
maintain necessary source documentation for all costs
incurred. The Town further agrees to maintain an adequate
accounting system that provides for appropriate grant
accounting.
11.1.1.2
The Town shall adhere to applicable audit requirements as
described in, and in accordance with, 2 C.F.R. §§ 200, et
seq. In addition, the Town must provide annual single-audit
reports or annual audited financial statements to the
County.
11.1.1.3
The Town shall adhere to the repayment of investment
requirements set forth in 24 C.F.R. § 92.503. Any HOME
Funds invested in housing that do not meet the affordability
requirements for the period specified in either 24 C.F.R. §
92.252 or § 92.254, as applicable, must be repaid in
accordance with 24 C.F.R. § 92.503(b)(3).
11.1.2 DOCUMENTATION AND RECORD KEEPING
11.1.2.1
Records to be Maintained: The Town shall maintain all
records required by the federal regulations specified in 24
C.F.R. § 92.508 that are pertinent to the activities to be
funded under this Agreement. Such records shall include,
but not be limited to, records:
11.1.2.1.1
Providing a full description of each activity
undertaken and its impact;
11.1.2.1.2
Required to determine the eligibility of activities;
11.1.2.1.3
Demonstrating
compliance
with
environmental
review requirements;
11.1.2.1.4
Required to document the acquisition, improvement,
use, or disposition of real property acquired or
improved
with
HOME
assistance
(Properties
retained shall continue to meet eligibility criteria);
11.1.2.1.5
Demonstrating citizen participation;
11.1.2.1.6
Demonstrating compliance regarding acquisitions,
displacement, relocation, and replacement housing;
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Town of Gilbert
11.1.2.1.7
Demonstrating
continuing
compliance
for
all
activities and compliance with recapture provisions
of the affordability standards;
11.1.2.1.8
Documenting compliance with the fair housing and
equal opportunity components of the HOME
Program;
11.1.2.1.9
Required by 24 C.F.R. § 570.502, 2 C.F.R. §§ 200,
et seq., and OMB Circulars;
11.1.2.1.10
Other records necessary to document compliance
with HOME Program requirements;
11.1.2.1.11
Documenting compliance with Section 3 of the
Housing and Urban Development Act of 1968 and
implementing regulations at 24 C.F.R. § 135;
11.1.2.1.12
Demonstrating compliance with deeds of trust,
promissory notes, and forgivable loans;
11.1.2.1.13
Supporting that the Town has maintained client data
demonstrating all clients served have met the
income and other criteria required by federal law and
that no unlawful discrimination occurs in the
solicitation or selection process of low-income
persons or groups and that no conflict of interest
exists, as described in 24 C.F.R. § 92.356;
11.1.2.1.14
Documenting compliance with underwriting and
subsidy
layering
requirements,
including
the
requirement that the Town will not invest any more
HOME funds in combination with other federal
assistance than is necessary to provide affordable
housing, as described in 24 C.F.R. § 92.250 and
further described in HUD Notice CPD 15-11; and,
11.1.2.1.15
Demonstrating compliance with federal, state, and
local laws and regulations, including compliance
with A.R.S. §§ 1-501 and 1-502.
11.1.2.2
Outcome Measures – The Town shall maintain data that
supports the accomplishment of the desired outcomes as
indicated in the Work Statement.
11.1.2.3
Disclosure – The Town understands that client information
collected under this Agreement is private and the use or
disclosure of such information, when not directly connected
with the administration of the County’s or the Town’s
responsibilities with respect to services provided under this
Agreement, is prohibited unless written consent is obtained
from such person receiving service.
11.1.2.4
Program Activity Reports – Such reports as required by the
County
including,
but
not
limited
to,
HOME
Setup/Completion Reports, Quarterly Performance Reports,
annual
Program
Income
Reports,
Match
Reports,
MBE/WBE information, and other HUD-required reporting
data, as applicable, shall be submitted at the completion of
each Program that is described under the Work Statement.
11.1.2.5
Audits and Inspections – All of the Town’s records with
respect to any matters covered by this Agreement shall be
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Town of Gilbert
made available to the County, its designees, and the federal
government, at any time during normal business hours, as
often as the County deems necessary, to audit, examine,
and make excerpts or transcripts of all relevant data. Any
relevant deficiencies noted in audit reports shall be
addressed by the Town within 45 days after receipt by the
Town. Failure of the Town to comply with the above audit
requirements shall constitute a violation of this Agreement
and may result in the withholding of future payments. The
Annual Audit requirement is applicable to all levels of
funding received by the Town under this Agreement, even if
the level of funding is less than the current thresholds cited
in 2 C.F.R. § 200.501.
11.1.2.6
Performance Monitoring – The County will monitor the Town
to determine whether HOME funded activities are
implemented and administered in accordance with all
applicable federal requirements and gauge performance of
the Town against goals and performance standards
required in this Agreement. The Town shall ensure that all
required files and documentation are available at scheduled
monitoring visits. The failure of the Town to administer,
implement, and perform as determined by federal
regulations and by the County shall constitute non-
compliance with this Agreement. Non-compliance is a
violation of this Agreement and may result in the withholding
of future payments.
12.0
ENVIRONMENTAL REVIEW CONDITIONS
12.1
Completion of the Environmental Review Record (ERR) is mandatory before taking
any physical action on a site or entering into choice-limiting contracts. Only exempt
activities such as administration may be taken and reimbursed by the County prior
to receiving a written release of HOME funds to the Town. Exempt activities
described in 24 C.F.R. § 58.34(a)(1)-(11) are activities that generally have no
physical impact on the environment. If federal funds are involved in an activity,
then neither federal nor non-federal funds may be expended or committed by
contract (conditional or not) for property acquisition, rehabilitation, conversion,
lease, repair, or construction activities until either HUD or the County provides the
Town with written authorization based on approval of an ERR.
12.2
An option agreement (to purchase land or a single-family residence) on a proposed
site or property is allowable prior to the completion of the environmental review if
the option agreement is contingent upon a HUD authorization to use funds based
on the completion of the ERR. The cost of the option must be a nominal portion of
the purchase price.
12.2.1 The Town agrees to comply with: The National Environmental Policy Act of
1969 (P.L. 91-190) pursuant thereto 40 C.F.R. Parts 1500 – 1508;
Environmental
Review
Procedures
for
Entities
Assuming
HUD
Environmental Responsibilities pursuant thereto Title 24 C.F.R. Part 58,
Subpart
A;
CPD
Notice
01-11
HOME
Environmental
Review
Requirements; and all conditions required in the process of the
environmental assessment.
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Town of Gilbert
12.2.2 Air and Water - The Town shall comply with the following requirements
insofar as they apply to the performance of this Agreement:
12.2.2.1
Clean Air Act, 42 U.S.C. § 7401, et seq., as amended.
12.2.2.2
Federal Water Pollution Control Act, as amended, 33 U.S.C.
§§ 1251, et seq, as amended, Section 1318 relating to
inspection, monitoring, entry, reports, and information, and
all regulations and guidelines issued thereunder.
12.2.2.3
Environmental
Protection
Agency
(EPA)
regulations
pursuant to 40 C.F.R. § 50, as amended.
12.2.2.4
The Town agrees to comply with conditions set forth by the
Air Quality Department or other County agency, as required.
12.2.2.5
Flood Disaster Protection - In accordance with the
requirements of the Flood Disaster Protection Act of 1973
(42 U.S.C. § 4001), the Town shall ensure that for activities
located in an area identified by FEMA as having special
flood hazards, flood insurance under the National Flood
Insurance Program is obtained and maintained as a
condition of financial assistance for acquisition or
construction purposes. The Town shall require the
homeowner to obtain and maintain flood insurance as a
condition of funding, or funds shall not be utilized.
12.2.2.6
Historic Preservation – The Town shall comply with the
Historic Preservation requirements set forth in the National
Historic Preservation Act of 1966 (16 U.S.C. § 470) and the
procedures set forth in 36 C.F.R. § 800, Advisory Council
on Historic Preservation Procedures for Protection of
Historic Properties, insofar as they apply to the performance
of this Agreement.
12.2.2.7
Release of Funds (ROF) - No funds may be encumbered
prior to the completion of the Environmental Review. The
ERR must be completed before any funds are obligated.
Funding also is conditioned upon the completion of the ERR
of every activity site by address. The responsibility for
certifying the appropriate ERR and ROF shall rest with the
County. It is the responsibility of the Town to notify the
County and to refrain from making any commitments and
expenditures on a site until a ROF has been issued by the
County. Failure to meet these conditions will mean that
requested funds will not be disbursed.
13.0
ADDITIONAL CERTIFICATIONS, WARRANTIES, AND AGREEMENTS
13.1
The Town agrees to undertake the same obligations as the County has undertaken
to HUD pursuant to the County’s Annual Action Plan (included in this Agreement
by reference) and shall adhere to the federal Certifications referenced below,
including Attachment 1 - Certification for a Drug-Free Workplace (HUD form
50070) and Attachment 2 - Certification of Payments to Influence Federal
Transactions (HUD form 50071). The Town shall hold the County harmless,
defend, and indemnify the County against any damages or other liabilities that the
County may incur with respect to HUD as a result of any failures on the part of the
Town.
13.2
The Town agrees:
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Town of Gilbert
13.2.1
To ensure that the total HOME investment in each unit does not
exceed the maximum per unit subsidy (24 C.F.R. § 92.250) for the
area in which the property is located. This limit is updated annually.
Refer to Attachment 3 of this Agreement.
13.2.2
To ensure that the period of affordability imposed on the Project
reflects the per unit subsidy limit. The minimum affordability period
is five years for HOME subsidies of less than $15,000 per unit; ten
years for subsidies of $15,000 to $40,000; and 15 years for
subsidies greater than $40,000.
13.2.3
To ensure that the annual Homeownership Value Limits are not
exceeded. HOME funds for homebuyer assistance or single-family
rehabilitation Projects must have an initial purchase price that does
not exceed 95% of the median purchase price for Maricopa County.
These limits apply to homeownership units assisted with HOME
funds for the following single-family activity types: new housing
construction for resale; homebuyer assistance; acquisition with
rehabilitation for resale; and owner-occupied housing rehabilitation.
This limit is updated annually. Refer to Attachment 3 of this
Agreement.
13.2.4
To utilize and make available the HOME funds in conformity with
the non-discrimination and equal opportunity requirements set out
in the HUD regulations in the National Housing Affordability and
Stability Act (24 C.F.R. §§ 92.350-92.454), which include:
13.2.5
Implementation of the Fair Housing Act, (42 C.F.R. §§ 3601-3620),
and implementing regulations at 24 C.F.R. § 100 (discriminatory
conduct under the Fair Housing Act), Executive Order 11063 (Equal
Opportunity in Housing) as amended by Executive Order 12259
(leadership and coordination of fair housing in federal programs) (3
C.F.R. §§ 1958-1963 Comp., p. 652 and 3 C.F.R. § 1980, Comp. p.
307) and implementing regulations at 24 C.F.R. Part 107
(nondiscrimination and equal opportunity in housing under
Executive Order 11063), and Title VI of the Civil Rights Act of 1964
(42 U. S. C. §§ 2000d, et seq.), and implementing regulations at 24
C.F.R. Part 1 (Nondiscrimination in Federally Assisted Programs of
HUD);
13.2.6
Affirmatively further fair housing, which includes taking appropriate
actions to overcome the effects of any impediments identified in the
County’s “Analysis of Impediments to Fair Housing Choice” and
maintain records reflecting any actions taken in regard to fair
housing;
13.2.7
Adhere to Executive Order 13166 (Improving Access to Services
for Persons with Limited English Proficiency) in accordance with
Title VI of the Civil Rights Act of 1964;
13.2.8
Implementation of the prohibitions against discrimination on the
basis of age under the Age Discrimination Act of 1975 (42 U.S.C.
§§ 6101, et seq.) and the regulations at 24 C.F.R. § 146
(nondiscrimination on the basis of age in HUD programs or activities
receiving federal financial assistance);
13.2.9
Implementation of the prohibitions against discrimination on the
basis of handicap under Section 504 of the Rehabilitation Act of
1973 (29 U.S.C. §§ 794, et seq.) and implementing regulations at
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Town of Gilbert
24 C.F.R. § 8 (nondiscrimination based on handicap in federally
assisted programs and activities of HUD) and the Americans with
Disabilities Act 1990 (42 U.S.C. §§ 12101, et seq.);
13.2.10
Adhere to the requirements of the Executive Order 11246 (Equal
Employment Opportunity) and the regulations issued under the
Order at 41 C.F.R. Chapter 60 (3 C.F.R. §§ 1964-65, Comp, p.
339);
13.2.11
Implementation of the requirements of Section 3 of the Housing and
Urban Development Act of 1968 (12 U.S.C. § 1702u) (Employment
Opportunities for Business and Lower Income Persons in
Connection with Assisted Activities);
13.2.12
Implementation of the requirements of Executive Orders 11625 and
12432 regarding MBE development and 12138 regarding WBE,
and Regulations S. 85.36 (e) and of Section 281 of the National
Housing Affordability and Stability Act; and
13.2.13
Implementation of the requirements of the HUD 246 Rule (24 C.F.R.
Part 5 Final Rule 5863) to ensure equal access to housing and
services regardless of gender identity.
13.3
The Town agrees that it will prepare and adopt acceptable procedures and
requirements for affirmatively marketing units funded under the HOME Program,
when HOME Program-assisted housing contains five (5) or more rental units, by
providing information about the availability of HOME Program-assisted units that
are vacant at the time of completion or that later become vacant. The Town shall
make good faith efforts to provide information and to otherwise attract eligible
persons from all racial, ethnic, and gender groups in the housing market to the
available housing during the period of affordability. These procedures and
requirements are not applicable when units are occupied by families referred from
a Public Housing Authority's (PHA) waiting list, or to families receiving tenant-
based rental assistance provided from HOME funds.
13.4
HOME funds may not be used for operations or modernization of public housing
projects financed under the Housing Act of 1937.
13.5
The County, as the participating jurisdiction, assumes all the responsibilities for
environmental review, decision making, and action under the National
Environmental Policy Act of 1969 (42 U.S.C. § 4321) and the other provisions of
the law that would apply to HUD were HUD to undertake such Activities as Federal
Activities in accordance with 24 C.F.R. § 58 (environmental review procedures for
entities assuming HUD environmental responsibilities). The County will assume
the responsibilities for the Request for Release of Funds. The Town shall not
commit or incur expenditures for HOME activities until the environmental review
process has been completed. Should it be determined that the Town incurred
expenses in violation of the NEPA requirements, the Town will be responsible for
the full costs for such expenditures and repayment of any related reimbursements.
The Town shall provide all necessary assistance to the County in completing this
environmental review process.
13.6
The Town agrees to comply with the acquisition and relocation requirements of the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970
(URA) (42 U.S.C. §§ 4291-4655) and the governmental implementing regulations
at 49 C.F.R. Part 24; and follow a residential anti-displacement and relocation
assistance plan required under §104(d) of the Housing and Community
Development Act of 1974, as amended, in connection with any activity assisted
with funding as they apply to the HOME Program.
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Town of Gilbert
13.7
The Town shall comply with the Davis-Bacon Act (40 U.S.C. §§ 276a, et seq.),
Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327, et seq.) related
acts, and the provisions of 24 C.F.R. § 24 regarding Government Debarment and
Suspension as they apply to this HOME Program.
13.8
The Town shall comply with the Flood Disaster Protection Act of 1973 (42 U.S.C.
§§ 4001, et seq.) as it applies to this HOME Program.
13.9
The Town shall comply with the Drug-Free Workplace Act of 1988 as it applies to
the HOME Program.
13.10 Housing assisted with HOME Program funds constitutes HUD-assisted housing for
the purposes of the Lead-Based Paint Poisoning Prevention Act (42. U.S.C. §§
4801, et seq.) and is therefore subject to 24 C.F.R. § 35.
13.11 No person who is an employee, agent, consultant, officer or elected official, or
appointed official who exercises or has exercised any functions or responsibilities
with respect to activities assisted with HOME funds or who is in a position in a
decision making process or gains inside information with regard to these activities,
may obtain a financial interest or benefit from a HOME-assisted activity, either for
himself/herself or those whom the person has family or business ties, during
his/her tenure or for one year thereafter.
14.0
SUBCONTRACTS AND VENDORS
14.1
Approvals – Unless expressly authorized in this Agreement, exempt activities such
as architectural, engineering, and administration may not be undertaken and
reimbursed by the County prior to receipt of HUD Request Release of Funds
(RROF). Exempt activities described in 24 C.F.R. § 58.34(1)(1)-(11) are activities
that generally have no physical impact on the environment. Otherwise, the Town
shall not expend or commit federal or non-federal funds by contract (conditional or
not) for property acquisition, rehabilitation, conversion, lease, repair or
construction activities, until HUD has provided written authorization based on
approved ERR. Any pre-Agreement costs entered into by Subcontract with any
agency or individual in the performance of this Program that are not exempt
activities without Release of Funds (ROF) from the County prior to the execution
of such Agreement.
14.2
DUNS Number – All Subcontractors shall have a valid DUNS number and an active
profile in the federal System for Award Management, or SAM.
14.3
Fees – The Town and all Subcontractors under this Agreement shall not charge
servicing, origination, or other fees for the costs of administering the HOME
Program, except as permitted by 24 C.F.R. § 92.214(b)(1).
14.4
Selection Process – The Town shall ensure that all Subcontracts in the
performance of this Agreement are awarded on a fair and open competitive basis.
Executed copies of all Subcontracts shall be forwarded to the County along with
documentation, if requested, concerning the selection process.
14.5
Section 3 of the Housing and Urban Development Act of 1968 – The Town shall
include the Section 3 clause in every Subcontract and shall take appropriate action
pursuant to the Subcontract upon a finding that a Subcontractor is in violation of
regulations issued by HUD. The Town shall not subcontract with any entity where
the Town has notice or knowledge that the entity has been found in violation of the
regulations under 24 C.F.R. § 135. The Town has the responsibility of determining
Section 3 eligibility.
14.6
Monitoring – The Town shall monitor/review all subcontracted services to assure
contract compliance. Results of monitoring efforts shall be summarized in
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Town of Gilbert
Quarterly Performance Reports and supported with documented evidence, if
requested, of follow-up actions taken to correct areas of noncompliance.
15.0
THE COUNTY CERTIFIES
15.1
That a public purpose is served by the County contracting for activities identified
in Section 3 (Work Statement).
15.2
That the HOME Program funds designated for the Work Statement activities
constitute reasonable and prudent assistance.
16.0
THE TOWN AGREES TO
16.1
Complete and submit to the County all Environmental Reviews (ERs) in a timely
manner.
16.2
Submit all Requests for Reimbursements and Amendments to the County in a
timely manner.
16.3
Keep the Maricopa HOME Consortium informed of progress toward goals.
16.4
Serve as the lien holder for all real estate developed, if applicable.
16.5
Provide, at the completion of the Project, a close out memo detailing the on-going
HOME requirements and responsibilities for the affordability period.
17.0
PROGRAM COMPLETION
17.1
Upon completion of the Agreement activities, any Agreement funds not expended
shall be retained by the County for reallocation as defined by the Maricopa HOME
Consortium Policies and Procedures.
17.2
The disposition of any property purchased during the term of this Agreement shall
follow Section 1 (General Provisions), Paragraph 47.0 (Property).
17.3
The Town shall continue to be responsible for compliance activities until all HOME
Program requirements and contractual obligations are met, including affordability
restrictions. The Town’s obligations shall not end until all close-out requirements
are completed. The County will notify the Town in writing that a Completion Report
is due to the County within sixty (60) days after one of the following occurrences:
17.3.1 Funds have been expended for the activity;
17.3.2 The Work Statement has been completed;
17.3.3 This Agreement has expired; or
17.3.4 The Agreement has otherwise been terminated.
17.4
Following the receipt and approval of the Completion Report for each activity, the
County will notify the Town in writing that each activity is closed. In compliance
with 24 C.F.R. § 92.502(d), all Project completion data shall be entered into IDIS
by the County within 120 days after the final drawdown. Project completion means
Projects have all necessary title transfer and construction work completed,
Projects comply with HOME requirements including property standards set forth at
24 C.F.R. § 92.251, the final draw has been disbursed, and the projection
completion data has been entered into IDIS.
17.5
For the purposes of a rental Project, the following shall apply:
17.5.1 The Project shall be completed when the site receives a Certificate of
Occupancy;
17.5.2 It is not required for a beneficiary to be identified for the Project to be
considered complete. Vacant rental units may be marked as vacant when
completion data is entered into IDIS.
17.5.3 If any rental unit remains unoccupied six (6) months after the date of Project
completion, the Town must provide the County information about marketing
Section 2
Special Provisions
Page 34 of 49
Town of Gilbert
efforts to place occupants in the unit and, if appropriate, an enhanced plan
for marketing the unit so that it is leased as quickly as possible.
17.5.4 Within eighteen (18) months after the date of Project completion, if efforts
to market the unit are unsuccessful and the unit is not occupied by an
eligible beneficiary (or beneficiaries), the Town shall be required to repay
all HOME funds invested in the unit.
18.0
FAILURE TO MAKE PROGRESS
18.1
The failure of the Town to make progress according to the Work Statement may
result in the termination of this Agreement, de-obligation of funds, or recapture of
funds. The Town agrees to meet with the County at the site at which the funded
activity is to take place to discuss progress and allow the County to provide
technical assistance if:
18.1.1 The Town fails to complete an Environmental Review pursuant to Section
2 (Special Provision) Paragraph 12.0 (Environmental Review Conditions)
within one hundred and eighty (180) calendar days after the date this
Agreement is executed;
18.1.2 The Town fails to commit funds to a specific local Project in accordance
with the terms of this Agreement within eighteen (18) months after the date
of full execution of this Agreement. Commit for the purposes of this
paragraph shall have the same meaning as in 24 C.F.R. § 92.2(2)(i)-(iii).
18.1.3 The Town fails to expend HOME funds in performance of Project activities
in accordance with the terms of this Agreement within twenty-four (24)
months after the date of full execution of this Agreement.
18.1.4 Within six (6) months after the date of Project completion, if a unit remains
unoccupied, then the Town must provide the County information about
current marketing efforts and, if appropriate, an enhanced plan for
marketing the unit so that it is leased as quickly as possible. Within 18
months from the date of Project completion, if efforts to market the unit are
unsuccessful and the unit is not occupied by an eligible tenant, then HUD
will require repayment of all HOME funds invested in the unit. A unit that
has not served a low-, or very low-income household has not met the
purpose of the HOME program. Therefore, the costs associated with the
unit are ineligible. This tracking provides the County with early notice of any
units at risk of going unoccupied as described in 24 C.F.R. § 92.252.
18.2
The County will terminate this Agreement and recapture funds, if the Town does
not perform the activities described in the Work Statement of this Agreement. The
County, in its sole discretion, may forgo providing technical assistance and require
repayment of funds as outlined in this Agreement under Section 1, Paragraph 5.0,
or terminate the Agreement for cause under Section 1, Paragraph 5.0.
19.0
GENERAL CONDITIONS
19.1
Administrative Change Orders and Addenda – The Human Services Department
Director may a.) make changes within the general scope of the Agreement on
behalf of the County through Administrative Change Orders, and b.) identify the
single-family properties that are subject of Paragraph 2.0 (Scope of Work) of
Section 3 (Work Statement) of this Agreement through Addenda. Both
Administrative Change Orders and Addenda shall be approved and fully executed
by the Human Services Department Director and the authorized representative for
the Town.
19.1.1 Administrative Change Orders may address any of the following areas:
Section 2
Special Provisions
Page 35 of 49
Town of Gilbert
19.1.1.1
Modifications to the Project timeline if the last day of the Project
timeline is within the Agreement term;
19.1.1.2
Modifications to Budget line items if the Agreement Amount
remains unchanged;
19.1.1.3
Modifications required by federal, state, or County regulations,
ordinances, or policies;
19.1.1.4
Modifications to administrative requirements such as changes
in reporting periods, frequency of reports, or report formats
required by HUD or local regulations, policies, or requirements;
and
19.1.1.5
Modifications to Administrative requirements such as changes
in reporting periods, frequency of reports, or report formats
required by HUD or by local regulations, policies, or
requirements.
19.1.2 Addenda:
19.1.2.1
The Town shall submit to the County, an Addendum when each
property has been identified and will be acquired by the Town
for rehabilitation activities under this Agreement. A sample
Addendum is attached as Attachment 5; and
19.1.2.2
All Addenda shall be integrated into the Agreement.
19.1.3 It is the responsibility of the Town to ensure the latest documents are
consulted and followed.
20.0
REVERSION OF ASSETS
20.1
Unexpended funds must be de-obligated and returned to the County for
reallocation. At the expiration of this Agreement, the County, upon
recommendation of the Maricopa HOME Consortium staff, may reallocate any
unencumbered funds per the Consortium reallocation policy, as stated in the
Maricopa
HOME
Consortium
Intergovernmental
Three-year
Cooperative
Agreement. A written letter to de-obligate funds will be sent to the Town from the
County a minimum of ninety (90) calendar days prior to termination of this
Agreement.
21.0
VIOLENCE AGAINST WOMEN REAUTHORIZATION ACT of 2013
21.1
The Town must comply with VAWA 2013, which applies to all victims of domestic
violence, dating violence, sexual assault, and stalking, regardless of sex, gender
identity, or sexual orientation, and which must be applied consistent with all
nondiscrimination and fair housing requirements. The Town must meet the
requirements as specified in 24 C.F.R. § 92.359. The Town must give a Notice of
Occupancy Rights to tenants and applicants to ensure they are aware of their
rights under VAWA, maintain an emergency transfer plan, and document incidents
of domestic violence, dating violence, sexual assault, and stalking.
Page 36 of 49
Town of Gilbert
SECTION 3
WORK STATEMENT
MARICOPA COUNTY
HUMAN SERVICES DEPARTMENT
Section 3
Work Statement
Page 37 of 49
Town of Gilbert
MARICOPA COUNTY
HOME Investment Partnerships Program
Program Year 2020
Consortium Member: Town of Gilbert, Arizona
Project: Acquisition and Rehabilitation of Rental Housing
Program Year 2020 HOME Funds: $274,650
Type of Property: Single Family
1.0
SCOPE OF WORK
1.1
Purchase and rehabilitate one (1) new permanent affordable rental home in the
Town of Gilbert. A Subcontractor will utilize HOME funds for the purchase and
minor rehabilitation of one home to be rented for income eligible residents. The
contracting agency will ensure that eligible beneficiaries do not exceed the
Maricopa County HOME Income Limits in Attachment 4. The contracting agency
will not exceed the HOME Rent Limits, including utilities, contained in Attachment
4. Gilbert currently has (17) permanent affordable rental homes. Affordable rental
property is a high priority goal in Gilbert’s Consolidated Plan.
1.2
Type of assistance/activity to be provided with HOME funds: Acquisition and
Rehabilitation of Rental Housing and the creation of a permanent, affordable rental
home.
1.3
Methods and instruments used for ensuring affordability: Recapture provision. The
HOME funds will be secured by a Deed of Trust and Promissory Note.
The Town of Gilbert utilizes a recapture provision that will require the HOME funds
to be repaid in full by either the Subcontractor or the Town, if the unit is determined
to be no longer eligible. Funds to be repaid will be based on the entire amount of
HOME subsidy that was originally used to purchase and rehabilitate the unit. All
units are secured by a Deed of Trust and Promissory Note.
1.4
Anticipated use of Program Income: No Program Income anticipated.
2.0
OBJECTIVES AND OUTCOMES:
OBJECTIVE
OUTCOMES
AVAILABILITY/
ACCESSIBILITY
AFFORDABILITY
SUSTAINABILITY
DECENT
HOUSING
Single-Family
Housing Rehab
and Emergency
Rehab,
Homebuyer
Assistance
Homebuyer Activities,
Acquisition/Rehab of rental
housing, acquisition/New
Construction of rental
housing, Expansion of
assisted rental units in the
private marketplace
Housing Activities in a
targeted revitalization
area
Section 3
Work Statement
Page 38 of 49
Town of Gilbert
3.0
LOGIC MODEL: PERFORMANCE INDICATORS:
INPUTS/RESOURCES
In order to accomplish
proposed activities, the
Subrecipient will need
the following:
ACTIVITIES
In order to
address the
issue, the
Subrecipient will
conduct the
following
activities:
OUTPUTS
Once completed,
these activities will
produce the
following:
OUTCOMES
When
completed,
these activities
will lead to the
following
changes:
IMPACT
Long term
changes:
HOME funding
Purchase and
rehabilitate one
single family unit
home for a
household at or
below 60% of
the Area Median
Income
Expand affordable
housing
opportunities
Safe and
decent housing
for a low
income
household.
Stable
neighborhoods
4.0
PROPOSED BENEFICIARIES:
Targeted Population by
Income Level
Number of
Households
Total Number
of Units
Number of HOME
Assisted Units in
program (if rental)
Households at or below 50%
Households at or below 60%
1
1
1
Households at or below 80%
TOTAL
1
1
1
5.0
PRIORITY POPULATION:
Priority Populations
No. of Units
Elderly
Physically Disabled
Other Priority
Populations: Veterans,
Homeless
Section 3
Work Statement
Page 39 of 49
Town of Gilbert
6.0
PERFORMANCE REPORTING GOALS/TIMELINE OF ACTIVITIES:
MILESTONES
COMPLETION DATE
HOME Amendment signed by Town Council
October 13, 2020
Market Study
December 12, 2020
Underwriting
February 1, 2021
Secure Financing
February 10, 2021
Environmental Review
February 1, 2021
Obtain Site Control
March 15, 2021
Developer Selected and Signed Development
Contract
September 15, 2020
Home Set up Report to County
March 20, 2021
Acquisition and/or Rehab and/or Construction to
commence
March 30, 2021
Rehab complete or Certificate of Occupancy
May 15, 2021
Unit Occupied by Low/-Income Person/Family
June 15, 2021
Completion Report submitted to Town
July 20,2021
Any change to the Timeline will need to be approved by the County.
7.0
ACTIVITY BUDGET SUMMARY:
ACTIVITY
HOME
FUNDS
CASH
MATCH
OTHER
RESOURCES
(9.0)
TOTAL
ACTIVITY
BUDGET
Acquisition
$250,000
0
$250,000
Site Demolition
0
0
Rehabilitation/Development
Costs
$8,150
$8,150
Professional/Developer Fees
$16,500
$16,500
Administration
0
0
Down Payment Assistance
0
0
TOTALS
$274,650
$274,650
Cash match dedicated to this Project only.
8.0
SOURCE AND AMOUNT OF OTHER RESOURCES:
FUNDING AGENCY
AMOUNT
VOLUNTEER/
IN-KIND AMOUNT
None
Section 3
Work Statement
Page 40 of 49
Town of Gilbert
9.0
ACTIVITY MATCH: Funds committed to the Project. Match commitment must equal 25%
of the HOME funds requested. Documentation is due at the time of each request for
payment.
TYPE
SOURCE/FUNDING
AGENCY
Federal Home Loan Bank
(FHLB) funds from non-federal
source
$68,652.50*
Value of waived taxes, fees or
charges associated with
HOME projects
Value of donated land or real
property
Value of donated materials,
equipment, labor and
professional services
Sweat equity
TOTALS
$68,652.50*
* Per CARES Act waiver the Town will not be obligated to, nor will it provide, match for
HOME funds expended between October 1, 2019, and September 30, 2021.
Page 41 of 49
Town of Gilbert
SECTION 4
COMPENSATION
MARICOPA COUNTY
HUMAN SERVICES DEPARTMENT
Section 4
Compensation
Page 42 of 49
Town of Gilbert
1.0
COMPENSATION
1.1
The Town will only utilize HOME funds to pay for eligible activities and costs of
those activities permitted in 24 C.F.R. § 92.300 and not specifically prohibited
under 24 C.F.R. § 92.214 (Prohibited Activities and Fees).
1.2
The Town shall be reimbursed utilizing the Catalog of Federal Domestic
Assistance (CFDA): 14.239, HOME Investment Partnerships Program provided to
the County through the U.S. Department of Housing and Urban Development
(HUD).
1.3
Subject to the availability and authorization of funds for the explicit purposes set
forth below, the County will compensate for services rendered as indicated in the
following subparagraphs.
1.4
The Town shall not retain any funds drawn down in excess of immediate cash
needs (to be used within 15 days after drawing down) to cover subsequent
requests for reimbursement. Any excess funds must be returned to the County
within 30 calendar days after receipt. The Town also must return to the County any
interest that is earned on these funds that are drawn down and not expended for
eligible costs within 15 calendar days after the funds have been draw down.
2.0
METHOD OF PAYMENT
2.1
The Town agrees to submit reimbursement requests utilizing the approved
Reimbursement Request Form to the County, along with the Match Log
Certification Form. The Town may request funds only after it has satisfied the
funding contingencies and federal Environmental Review conditions and has a
written agreement in place for Project activities. Requests for reimbursement must
be made using the County approved format.
2.2
The Town may not request disbursement of funds under this Agreement until the
funds are needed for payment of eligible costs. The amount of each request must
be limited to the amount needed.
2.3
All Program Income funds reported in the Annual Action Plan to be expended on
activities outlined in this Agreement must be disbursed before the Town requests
HOME Entitlement funds from the County.
2.4
The County agrees to reimburse the Town for actual allowable costs incurred,
upon certification of HUD Environmental Release of Funds and submittal by the
Town of an itemized statement of actual expenditures incurred, supported by
appropriate documentation. Reimbursement by the County is not to be construed
as final if HUD disallows reimbursement for the Program or activity or any portion
thereof. The County shall reimburse the Town on a Net 0 payment standard.
3.0
TIMELINESS
The Town must make its best effort to seek reimbursement of expenditures within the
same fiscal year in which the expenditures are incurred. The fiscal year runs July 1st
through June 30th and all Requests for Reimbursement shall be submitted no later than
July 10th for the preceding fiscal year.
4.0
FINAL REIMBURSEMENT UPON AGREEMENT TERMINATION
4.1
Prior to termination of this Agreement at the date identified on page 1 of this
Agreement, or as may be amended, the Town shall submit the final reimbursement
request.
4.1.1 This request shall be submitted no later than 30 calendar days after the
termination date except as noted immediately below.
Section 4
Compensation
Page 43 of 49
Town of Gilbert
4.1.2 If the termination date is between June 10th and June 30th, then the final
reimbursement request shall be submitted by July 10th.
4.1.3 The final progress report, and any other required reports that may be
applicable shall be submitted with the final reimbursement request.
Page 44 of 49
Town of Gilbert
SECTION 5
ATTACHMENTS
MARICOPA COUNTY
HUMAN SERVICES DEPARTMENT
Section 5
Attachments
Page 45 of 49
Town of Gilbert
Attachment 1
Section 5
Attachments
Page 46 of 49
Town of Gilbert
Attachment 2
Section 5
Attachments
Page 47 of 49
Town of Gilbert
Attachment 3
HOME Maximum Per-Unit Subsidy Limits
This limit determines the maximum amount of HOME funds that may be invested on a per-unit
basis in HOME-assisted housing projects as of June 4, 2020.
Bedroom
Size
Maximum HOME per unit subsidy limit
0 Bedroom
$ 153,314
1 Bedroom
$ 175,752
2 Bedrooms
$ 213,718
3 Bedrooms
$ 276,482
4 Bedrooms
$ 303,490
5 Bedrooms
$ 303,490
Please request updated HOME maximum per unit investment limits from the Maricopa County
Housing and Community Development Division on an annual basis, as these limits are adjusted
annually by the U.S. Department of Housing & Urban Development (HUD). For current Maricopa
HOME Consortium limits, refer to additional Maricopa County Information Bulletins here:
https://www.maricopa.gov/3893/Funding-Notices-Bulletins More information can be found here:
https://www.hudexchange.info/resource/2315/home-per-unit-subsidy/
HOME Homeownership Value Limits (95% Limits)
Community Housing Development Organizations using HOME funds for homeownership
assistance for new housing construction for resale must have an initial purchase price that does
not exceed 95% of the median purchase price for Maricopa County, which is $313,000 as of July
1, 2020.
Please request updated HOME Homeownership Value Limits from the Maricopa County Housing
and Community Development Division on an annual basis, as these limits are adjusted annually
by the U.S. Department of Housing & Urban Development (HUD), or go to either
www.maricopa.gov/3893 or HUD’s website for the updated versions each year.
Section 5
Attachments
Page 48 of 49
Town of Gilbert
Attachment 4
Maricopa County HOME Income Limits and HOME Rent Limits
Section 5
Attachments
Page 49 of 49
Town of Gilbert
Attachment 5
ADDENDUM
TO THE AGREEMENT BETWEEN
MARICOPA COUNTY
ADMINISTERED BY ITS HUMAN SERVICES DEPARTMENT
AND
__________________________
ACTIVITY:
Acquisition and Rehabilitation of Five Single Family
Residential Houses
CONTRACT START DATE:
CONTRACT END DATE:
CONTRACT NUMBER:
ACTIVITY FUNDING AMOUNT:
I.
The purpose of this Addendum is to identify the property(ies) acquired for program
activities.
II.
Pursuant to the Agreement Section 3 (Work Statement), Paragraph 18.0 (General
Conditions), the following property is hereby identified for purchase: ________________
II.
Remaining terms of the original Agreement not amended hereby remain in full force and
effect.
IN WITNESS WHEREOF, the parties have executed this Agreement to be effective on the year
and day first above written.
NEWTOWN CDC (CHDO)
MARICOPA COUNTY
Authorized Signature
Date
Bruce Liggett, Director
Date
CITY OF CHANDLER
Approved as to form:
Authorized Signature
Date
Deputy County Attorney
Date