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Newtown Community Development Corporation
DEVELOPER AGREEMENT
BETWEEN
MARICOPA COUNTY
ADMINISTERED BY ITS
HUMAN SERVICES DEPARTMENT
AND
NEWTOWN COMMUNITY DEVELOPMENT CORPORATION
Agreement Amount: $540,000
Agreement Start Date: September 16, 2020
Agreement Termination Date: August 31, 2024
Agreement Number:
CFDA Number: 14.239, HOME Investment Partnerships Program
DUNS Number: 022225143
This Agreement is entered into between Maricopa County, administered by its Human Services
Department (“County”), and Newtown Community Development Corporation (“Developer”). The
County and the Developer collectively are 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 Developer 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
Developer: Newtown Community Development Corporation
Representative: Stephanie Brewer, Executive Director
Phone: 480-517-1589
E-mail: Stephanie@NewtownCDC.org
Address: 2106 E. Apache Blvd., Suite 112, Tempe, AZ 85281
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
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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 Developer 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:
Newtown Community Development Corp.
(Developer)
_
Stephanie Brewer, Executive Director Date
Attested to:
Clerk, Board of Supervisors Date
Signature
and
execution
authorized
by
corporate resolution number __________
dated __________, 2020.
Approved as to form:
Deputy County Attorney Date
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SECTION 1
GENERAL PROVISIONS
MARICOPA COUNTY HUMAN SERVICES DEPARTMENT
Section 1
General Provisions
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1.0
PURPOSE
The County shall provide the Developer 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
Developer is in full compliance with all terms and conditions of this Agreement. The
Developer shall notify the County in writing of its intent to request an extension of 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 duly authorized
representatives of both the County and the Developer. All requests for amendment
made by the Developer shall be sent to the County no later than ninety (90)
calendar days prior to contract expiration.
4.2
Amendments shall not invalidate this Agreement nor relieve or release the County
or Developer from their obligations under this Agreement.
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 is 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
Either Party may terminate this Agreement at any time by giving the other Party at
least sixty (60) calendar days prior notice in writing (unless terminated by the County
under the Availability of Funds provision). The notice shall be given by either
personal delivery or by registered or certified mail, postage prepaid and return
receipt requested to the persons at the addresses set forth on page 2 of this
Agreement.
5.3
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 Developer’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.
Section 1
General Provisions
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5.4
In accordance with 2 C.F.R. § 200, the County may suspend or terminate this
Agreement if the Developer violates any term or condition of this Agreement or if the
Developer fails to maintain a good faith effort to carry out the purpose of this
Agreement.
5.5
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 Party 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.
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
Lead Agency or Department means the Maricopa County Human Services
Department, Housing and Community Development Division.
7.15
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
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General Provisions
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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.
7.16
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.
7.17
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.
7.18
Performance Bond means a bond executed to secure fulfillment of all of the
Developer's obligations under this Agreement.
7.19
Program Income means gross income received by the Developer 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.
7.20
Projects means rehabilitation or new construction as described in a legally binding
agreement between the Developer 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).
7.21
Public Agency has the meaning prescribed by A.R.S. § 11-951.
7.22
Subcontract means any agreement entered into by the Developer with a third party
for professional services performance of any of the work or provision of any of the
services covered by this Agreement.
7.23
Subcontractor means an entity funded through the Developer to provide any work
or services required by the Work Statement.
7.24
Vendor means an entity funded through the Developer to provide services required
by the Work Statement.
7.25
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 Housing Choice Voucher
assistance under 24 C.F.R. § 5.612.
7.26
Work Statement means the section of this Agreement that contains a description
of services to be delivered pursuant to this Agreement.
7.27
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 Developer 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.
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8.3
The Developer is an independent contractor in the performance of work and the
provision of services under this Agreement.
8.4
The Parties 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 Developer 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 Developer 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
Developer 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 Developer, 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 Developer 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
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 Developer 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 Agreement Amount may be documented by an Administrative Change Order
signed by the Human Services Department Assistant Director and the Developer’s
Executive Director as defined in Section 2 (Special Provisions), Subparagraph 18.0
(General Conditions) If a budget change is necessary that either increases or
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decreases in 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
Developer knew or should have known of the basis of the dispute.
13.1.2 The Assistant Director shall respond in writing to the Developer within
fourteen (14) business days. The decision of the Assistant Director shall be
final and conclusive unless, within seven (7) business days after the date the
Developer is served with the decision, the Developer files a written notice of
appeal with the Human Services Department Director.
13.1.3 The Human Services Department Director shall provide the Developer 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 Developer 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 Developer
defaults by failing to perform any objective, or breaches any obligation under this
Agreement, or any event occurs that jeopardizes the Developer’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 Developer, if the Developer 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
compensation for work satisfactorily completed that, to date, has not been paid),
the reimbursement to the County by the Developer 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 project proceeds;
14.3.7 Noncompliance with applicable financial record requirements, accounting
principles, or standards established by 2 C.F.R. §§ 200, et seq; and
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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 Developer 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 Developer 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 Developer shall, upon notice or with knowledge obtained by the Developer, 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
The County’s acceptance of the Developer’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 Developer, or Vendor or any agent, representative,
official, officer, director, employee, volunteer, department, agency, board, committee, or
commission of the Developer, 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 Developer, Vendor or any agent, representative, official,
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officer, director, employee, volunteer, department, agency, board, committees, or
commissions of the Developer, or the Vendor, in connection with this Agreement.
18.0
INDEMNIFICATION
To the extent permitted by law, the Developer 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 Developer, and any of its Subcontractors, or any of the agents,
representatives, officials, officers, directors, employees, volunteers, departments,
agencies, boards, committees, or commissions of the Developer, 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 Developer, and any of its
Subcontractors, or any of the agents, representatives, officials, officers, directors,
employees, volunteers, departments, agencies, boards, or commissions of the Developer,
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
Developer, 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 Developer,
and any of its Subcontractors from and against any and all claims. It is agreed that the
Developer, 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 Developer to assist in
complying with state and federal laws and regulations, and accountability for diligent
performance and compliance with the terms and conditions of this Agreement and all
applicable laws, regulations, and standards. However, this assistance in no way relieves the
Developer 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 Developer 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 Developer
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 Developer 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
Developer is not in compliance with the audit requirements.
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21.0
AUDIT DISALLOWANCES
21.1
The Developer 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 Developer 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 Developer by the amount
of the disallowance or to require immediate repayment of the disallowed amount by
the Developer issuing a check payable to the County.
22.0
STAFF AND VOLUNTEER TRAINING
The County may make available to the Developer 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 Developer 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
Developer 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
cooperative agreement, then the Subrecipient 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 Developer 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
Developer under this Agreement shall be used for any partisan political activity, or to further
the election or defeat of any candidate for public office.
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27.0
COVENANT AGAINST CONTINGENT FEES
The Developer 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 Developer and its agents shall safeguard the confidentiality of this
information as required by federal and state law. The Developer 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 Developer’s compliance for 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 Developer's
normal business hours, announced or unannounced. For auditing purposes, the
County shall provide the Developer with a 30-day advance notice of proposed on-
site visits. During an on-site visit, the Developer 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
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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 Developer 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 Developer 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 Developer 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 the Developer 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 Developer 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 Developer 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 Developer will give recognition to the County and the funding source for its support
when the Developer publishes materials that are (or releases of public information that is)
paid for either in whole or in part with funds received by the Developer under this Agreement.
36.0
INSURANCE
36.1
The Developer 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
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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 Developer’s insurance shall be primary insurance as respects 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 Developer shall be solely responsible for the deductible and self-
insured retention and the County, at its option, may require the Developer 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 Developer of any deficiencies in such
policies and endorsements, and such receipt shall not relieve the Developer from,
or be deemed a waiver of the County’s right to insist on, strict fulfillment of the
Developer’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 Developer.
36.9
The Developer’s policies shall stipulate that the insurance afforded the Developer
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 Developer shall not be limited to the liability assumed under
the Indemnification provisions of this Agreement.
36.11 The Developer 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,
agencies, boards, committees, and commissions and equipment funded under this
Agreement against such losses as are set forth below. The Developer 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 Developer 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;
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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 Developer 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 Developer shall furnish the
County with valid and complete certificates of insurance or formal
endorsements as required by the Agreement, issued by the
Developer’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 Developer shall have insurance in effect as required by this
Agreement in the form provided by the County, issued by Developer’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 DEVELOPER 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 Developer’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:
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:
The Developer’s certificate(s) shall include all Subcontractors as insureds under
its policies or the Developer 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
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action will require a formal Amendment and must be approved and signed by both
Parties.
36.17 Exceptions:
In the event the Developer, 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 Developer 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 Developer 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 Developer 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 Developer’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 Developer’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 Developer, 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 Developer shall include this
clause in all its Subcontracts.
40.0
EQUAL EMPLOYMENT OPPORTUNITY
40.1
The Developer shall not discriminate against any employee or applicant for
employment because of race, age, disability, color, religion, sex, or national origin.
40.2
The Developer shall take affirmative action to insure applicants are employed and
that employees are treated during employment without regard to their race, age,
disability, color, religion, sex, or national origin. Such action shall include but is not
limited to the following: employment, upgrading, demotion or transfer, recruitment or
recruitment advertising, lay-off or termination, rates of pay or other forms of
compensation, and selection for training, including apprenticeship.
40.3
The Developer 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
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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 Developer 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 Developer 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 Developer 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 with other funds
or money belonging to the Developer. All interest earned on such account shall be disposed
of in a manner specified by the County in accordance with applicable state and federal
regulations. The Developer 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 Developer that are related
to this Agreement.
44.2
The Developer 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 Developer’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 Developer shall reimburse the County for the services not supported
and documented.
46.0
COMPETITIVE BID REQUIREMENTS
46.1
Equipment
The Developer 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 in excess of $300, but less than $1,000, require oral price
quotations from two or more vendors. The Developer shall keep and
maintain a record of the vendors’ verbal quotations. The Developer’s award
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shall be made to the lowest bidder meeting specification requirements
concerning price, conformity to specifications, and other purchasing factors.
46.1.2 Procurements exceeding an aggregate amount of $1,000 shall be approved
by the County. At least three (3) bidders shall be solicited to submit written
quotations. The Developer’s shall solicit written quotations by issuing a
Request for Quotation to at least three (3) vendors. The award shall be made
to the lowest bidder meeting specification requirements concerning price,
conformity to specifications, and other purchasing factors.
46.2
Supplies
The Developer 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 Developer obtains the County’s prior written approval
to purchase supplies by an alternate method.
46.3
Minority, Women, and Small Business Enterprises
The Developer 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
Developer 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 Developer understands and acknowledge the applicability of the
Immigration Reform and Control Act of 1986 (IRCA). The Developer 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 Developer 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
Developer 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 Developer 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.
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 Developer or any of its Subcontractors are
not in compliance, then the County may pursue any and all remedies
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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 Developer. All costs necessary to verify compliance are the
responsibility of the Developer and its Subcontractor(s).
48.2
Arizona Law
48.2.1 The Developer warrants that it will comply with A.R.S. § 41-4401 (e-verify
requirements) and further acknowledges that:
48.2.2 The Developer and tits 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 Subparagraph 47.2.1 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
Developer and its Subcontractors and Vendors who work on this Agreement
to ensure that the Developer and its Subcontractors and Vendors are
complying with the warranty provided under Subparagraph 47.2.1 above and
that the Developer 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 Developer 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 Developer 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 Developer 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 Developer to the terms, representations, and warranties of
this Certification. The Developer, 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:
51.1.1 is not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any federal
department or agency;
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51.1.2 has 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 is 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 50.1.2 of this certification;
51.1.4 has 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, it 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; 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 Developer 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 Developer 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 Developer 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 Developer 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 Developer
and copies provided to the County upon request; and
52.3
The Developer 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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53.0
WRITTEN CERTIFICATION IN ACCORDANCE WITH A.R.S. § 35-393.01
If the Developer 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
engages 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
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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SECTION 2
SPECIAL PROVISIONS
MARICOPA COUNTY
HUMAN SERVICES DEPARTMENT
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1.0
STANDARDS
The Developer shall perform the work and provide the services identified in the Work
Statement and the Developer shall immediately notify the County whenever the Developer
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 Developer 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 Developer 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 Developer 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 Developer shall comply with state and other laws regarding eligibility for public
benefits, including A.R.S. §§ 1-501 and 1-502, which state that public benefits shall
only be provided to eligible applicants who are citizens of the United States, or are
Qualified Non-Citizens:
3.1.1 All applicants authorized to receive public benefits must provide
documentation of their lawful presence in the United States through a
verification process.
3.1.2 All eligible applicants must also execute an affidavit stating that the
documentation provided during the verification process to prove citizenship
or qualified non-citizen is true.
3.1.3 The Affidavit Demonstrating Lawful Presence in the United States or similar
form shall be used to document compliance with requirements listed above.
3.1.4 Maricopa County and its subcontracted entities are required to report
“discovered violations” of federal immigration law.
3.1.5 Federal public benefits are defined in A.R.S. § 1-501 as any grant, contract,
loan, professional license, or commercial license provided by an agency of
the United States or by appropriated funds of the United States; and any
retirement, welfare, health, disability, public or assisted housing,
postsecondary education, food assistance, unemployment benefit, or any
other similar benefit for which payments or assistance are provided to an
individual, household, or family eligibility unit by an agency of the United
States or by appropriated funds of the United States.
3.1.6 State or local public benefits are defined in A.R.S. § 1-502 as any grant,
contract, loan, professional license, or commercial license provide by an
agency of the state or local government or by appropriated funds of a state
or local government; and any retirement, welfare, health, disability, public
or assisted housing, postsecondary education, food assistance,
unemployment benefit, or any other similar benefit for which payments or
assistance are provided to an individual, household, or family eligibility unit
by an agency of a state or local government or by appropriated funds of a
state or local government.
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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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 Developer 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 Developer 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 Developer
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 Developer shall be responsible to provide
reports of all activities related to the Work Statement. The Developer agrees to
submit to the County the following reports:
5.1.1 Quarterly Performance Reports: due on the 15th of January, April, July,
and October of the preceding three (3) months (i.e., the July report covers
the months of April, May, and June). Reports shall address all project
activities described in the Work Statement. Failure to submit timely
Quarterly Performance Reports will result in suspension of reimbursement
of funds requested until all reports are brought current.
5.1.2 Request for Reimbursements: The Request for Reimbursement Form
must include all supporting documentation, a Match Log, and Summary of
Project Proceeds/Recaptured Funds Report. The Developer will complete
the documents and submit them to the County for approval.
5.1.3 HOME Setup Reports: due within one (1) year after the date this
Agreement is fully executed. According to 24 C.F.R. § 92.250 (b): Before
Setup Reports are submitted, the Developer must evaluate the project in
accordance with guidelines that it has adopted for determining a
reasonable level of profit or return its investment in a project and must not
commit or invest any more HOME funds, alone or in combination with other
governmental assistance, than are necessary to provide quality affordable
housing that is financially viable for a reasonable period (at a minimum, the
period of affordability in accordance with 24 C.F.R. §§ 92.252 and 92.254)
and that will not provide a profit or return on its investment that exceeds the
Developer’s established standards for the size, type, and complexity of the
project.
5.1.4 HOME Completion Report: due no later than sixty (60) days after final
payment is requested. The HOME Completion Report must include all
required documents as described in this Agreement. Within ten (10)
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Newtown Community Development Corporation
business days after receipt of the HOME Completion Report, the County
will enter 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.
5.1.5 Initial Request for Reimbursement form: with required documentation
for each activity is due within 45 (forty-five) days after submitting a HOME
Setup Report.
5.1.6 Other HUD: required reporting data as applicable.
6.0
PROGRAM INCOME
All Program Income generated from this Agreement shall be used to fund either the
acquisition or rehabilitation (or both) of additional HOME eligible properties to be sold to
qualified low-income families as defined in 24 C.F.R. § 92. The HOME requirements shall
continue to apply if the Developer receives and uses Program Income, even if the Program
Income funds are earned and expended after the expiration of this Agreement.
7.0
REAL PROPERTY ACQUIRED or IMPROVED WITH HOME FUNDS
Upon expiration of this Agreement, any real property under the Developer’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 period of affordability set forth in 24 C.F.R. §§ 92.252 and
92.254.
8.0
DE-OBLIGATION
8.1
The County may de-obligate funds under this Agreement under any one or more
of the following circumstances upon written notice to the Developer:
8.1.1 The Developer completes performance under the Work Statement without
using all funds provided by the County under this Agreement;
8.1.2 The County’s original allocation was a loan and the Developer paid the
loan;
8.1.3 A Program activity under the Work Statement is cancelled or changed for
reasons other than non-performance; or
8.1.4 This Agreement has been terminated.
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 Developer failed to utilize the funds
provided by this Agreement in compliance with the terms and conditions
outlined herein; or
9.1.2 The Developer failed to perform in accordance with Section 3 (Work
Statement) and identified timelines.
10.0
REPAYMENT OF FUNDS
The Developer 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 is required by HUD for failed projects during the period of affordability for projects
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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) 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 Developer’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 Developer agrees to adhere to accounting principles
and procedures, to utilize adequate internal controls, and
maintain necessary source documentation for all costs
incurred. The Developer further agrees to maintain an
adequate accounting system that provides for appropriate
grant accounting (including calculation of project proceeds).
11.1.1.2
The
Developer
shall
adhere
to
applicable
audit
requirements as described in, and in accordance with, 2
C.F.R. §§ 200, et seq. In addition, the Developer must
provide annual single-audit reports or annual audited
financial statements to the County.
11.1.1.3
The Developer 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 Developer 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;
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11.1.2.1.6
Demonstrating
compliance
regarding
acquisitions, displacement, relocation, and
replacement housing;
11.1.2.1.7
Demonstrating continuing compliance for all
activities and compliance with recapture
provisions of the affordability standards;
11.1.2.1.8
Documenting compliance with the fair
housing and equal opportunity components
of the HOME Program;
11.1.2.1.9
Required by 24 C.F.R. § 570.502, 2 C.F.R.
§§ 200, et seq., and OMB Circulars;
11.1.2.1.10
Other records necessary to document
compliance
with
HOME
Program
requirements;
11.1.2.1.11
Documenting compliance with Section 3 of
the Housing and Urban Development Act of
1968 and implementing regulations at 24
C.F.R. § 135;
11.1.2.1.12
Demonstrating compliance with deeds of
trust, promissory notes, and forgivable loans;
11.1.2.1.13
Supporting
that
the
Developer
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 Developer 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 Developer shall maintain data
that supports the accomplishment of the desired outcomes
as indicated in the Work Statement.
11.1.2.3
Disclosure – The Developer 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
Developer’s responsibilities with respect to services
provided under this Agreement, is prohibited unless written
consent is obtained from such person receiving service.
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11.1.2.4
Program Activity Reports – Such reports as required by the
County
including,
but
not
limited
to,
HOME
Setup/Completion Reports, Quarterly Performance Reports,
Quarterly Project Proceeds Reports, Match Reports,
MBE/WBE information, and other HUD-required reporting
data, as applicable, shall be submitted at the completion of
each Program that is described under the Work Statement.
11.1.2.5
Audits and Inspections – All of the records with respect to
any matters covered by this Agreement shall be made
available to the County, its designees, and the federal
government, at any time during normal business hours, as
often as the County deems necessary, to audit, examine,
and make excerpts or transcripts of all relevant data. Any
relevant deficiencies noted in audit reports shall be
addressed by the Developer within 45 days after receipt by
the Developer. Failure of the Developer 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 Developer 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
Developer to determine whether HOME funded activities
are implemented and administered in accordance with all
applicable federal requirements and gauge performance of
the Developer against goals and performance standards
required in this Agreement. The Developer shall assure that
all required files and documentation are available at
scheduled monitoring. The failure of the Developer 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 Developer. Exempt activities
described in 24 C.F.R. § 58.34(a)(1)-(11) are activities that generally have no
physical impact on the environment. If federal funds are involved in an activity,
then neither federal nor non-federal funds may be expended or committed by
contract (conditional or not) for property acquisition, rehabilitation, conversion,
lease, repair, or construction activities until either HUD or the County provide the
Developer 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
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Newtown Community Development Corporation
on the completion of the ERR. The cost of the option must be a nominal portion of
the purchase price.
12.2.1 The Developer agrees to comply with: The National Environmental Policy
Act of 1969 (P.L. 91-190) pursuant thereto 40 C.F.R. Parts 1500 – 1508;
Environmental
Review
Procedures
for
Entities
Assuming
HUD
Environmental Responsibilities pursuant thereto Title 24 C.F.R. Part 58,
Subpart A; and all conditions required in the process of the environmental
assessment.
12.2.1.1
Clean Air Act, 42 U.S.C. § 7401, et seq., as amended.
12.2.1.2
Federal Water Pollution Control Act, as amended, 33 U.S.C.
§§ 1251, et seq, as amended, Section 1318 relating to
inspection, monitoring, entry, reports, and information, and
all regulations and guidelines issued thereunder.
12.2.1.3
Environmental
Protection
Agency
(EPA)
regulations
pursuant to 40 C.F.R. § 50, as amended.
12.2.1.4
The Developer agrees to comply with conditions set forth by
the Maricopa County Air Quality Department or other
County agency, as required.
12.2.1.5
Flood Disaster Protection - In accordance with the
requirements of the Flood Disaster Protection Act of 1973
(42 U.S.C. § 4001), the Developer 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 Developer shall require the
homeowner to obtain and maintain flood insurance as a
condition of funding, or funds shall not be utilized.
12.2.1.6
Historic Preservation - The Developer shall comply with the
Historic Preservation requirements set forth in the National
Historic Preservation Act of 1966 (16 U.S.C. § 470) and the
procedures set forth in 36 C.F.R. § 800, Advisory Council
on Historic Preservation Procedures for Protection of
Historic Properties, insofar as they apply to the performance
of this Agreement.
12.2.2 Release of Funds (ROF) - No funds may be encumbered prior to the
completion of the Environmental Review. The ERR must be completed
before any funds are obligated. Funding 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 Developer 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 Developer 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 reference
below, including Attachment 1 - Certification for a Drug-Free Workplace (HUD form
50070) and Attachment 2 - Certification of Payments to Influence Federal
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Newtown Community Development Corporation
Transactions (HUD form 50071). The Developer 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
Developer.
13.2
The Developer agrees:
13.2.1
To ensure that the total HOME investment in each unit does not
exceed the maximum per unit subsidy (24 C.F.R. § 92.250) for the
area in which the property is located. This limit is updated annually.
Refer to 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
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Newtown Community Development Corporation
(nondiscrimination on the basis of age in HUD programs or activities
receiving federal financial assistance);
13.2.9
Implementation of the prohibitions against discrimination on the
basis of handicap under Section 504 of the Rehabilitation Act of
1973 (29 U.S.C. §§ 794, et seq.) and implementing regulations at
24 C.F.R. § 8 (nondiscrimination based on handicap in federally
assisted programs and activities of HUD) and the Americans with
Disabilities Act 1990 (42 U.S.C. §§ 12101, et seq.);
13.2.10
Adhere to the requirements of the Executive Order 11246 (Equal
Employment Opportunity) and the regulations issued under the
Order at 41 C.F.R. Chapter 60 (3 C.F.R. §§ 1964-65, Comp, p.
339);
13.2.11
Implementation of the requirements of Section 3 of the Housing and
Urban Development Act of 1968 (12 U.S.C. § 1702u) (Employment
Opportunities for Business and Lower Income Persons in
Connection with Assisted Activities);
13.2.12
Implementation of the requirements of Executive Orders 11625 and
12432 regarding MBE development and 12138 regarding WBE,
and Regulations S. 85.36 (e) and of Section 281 of the National
Housing Affordability and Stability Act; and
13.2.13
Implementation of the requirements of the HUD 246 Rule (24 C.F.R.
Part 5 Final Rule 5863) to ensure equal access to housing and
services regardless of gender identity.
13.3
The Developer agrees that it will prepare and adopt acceptable procedures and
requirements for affirmatively marketing units in the HOME Activities, when HOME
Program-assisted housing contains five (5) or more rental units, by providing
information about the availability of HOME Program-assisted units that are vacant
at the time of completion or that later become vacant. The Developer 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 Developer agrees
not to commit or incur expenditures for HOME activities until this environmental
review process has been completed. Should it be determined that the Developer
has incurred expenses in violation of the NEPA requirements, the Developer will
be responsible for the full costs for such expenditures and repayment of any
related reimbursements. The Developer shall provide all necessary assistance to
the County in completing this environmental review process.
13.6
The Developer agrees to comply with the acquisition and relocation requirements
of the Uniform Relocation Assistance and Real Property Acquisition Policies Act
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of 1970 (URA) (42 U.S.C. §§ 4291-4655) and the governmental implementing
regulations at 49 C.F.R. Part 24; and follow a residential anti-displacement and
relocation assistance plan required under §104(d) of the Housing and Community
Development Act of 1974, as amended, in connection with any activity assisted
with funding as they apply to the HOME Program.
13.7
The Developer 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 Developer shall comply with the Flood Disaster Protection Act of 1973 (42
U.S.C. §§ 4001, et seq.) as they apply to this HOME Program.
13.9
The Developer 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
Developer 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 Developer 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 Developer 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 Developer
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 Developer shall not Subcontract with
any entity where the Developer has notice or knowledge that the entity has been
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Newtown Community Development Corporation
found in violation of the regulations under 24 C.F.R. § 135. The Developer has the
responsibility of determining Section 3 eligibility.
14.6
Monitoring – The Developer shall monitor/review all subcontracted services to
assure contract compliance. Results of monitoring efforts shall be summarized in
Quarterly Performance Reports and supported with documented evidence, if
requested, of follow-up actions taken to correct areas of noncompliance.
15.0
THE COUNTY CERTIFIES
15.1
That a public purpose is served by the County contracting for activities identified
in Section 3 (Work Statement).
15.2
That the HOME Program funds designated for the Work Statement activities
constitute reasonable and prudent assistance.
16.0
PROGRAM COMPLETION
16.1
Upon completion of the Agreement activities, any Agreement funds not expended
shall be retained by the County for reallocation as defined by the Maricopa HOME
Consortium Policies and Procedures.
16.2
The disposition of any property purchased during the term of this Agreement shall
follow Section 1 (General Provisions), Paragraph 47.0 (Property).
16.3
The Developer shall continue to be responsible for compliance activities until all
HOME Program requirements and contractual obligations are met, including
affordability restrictions. The Developer’s obligations shall not end until all close-
out requirements are completed. The County will notify the Developer in writing
that a Completion Report is due to the County within sixty (60) days after one of
the following occurrences:
16.3.1 Funds have been expended for the activity;
16.3.2 The Work Statement has been completed;
16.3.3 This Agreement has expired; or
16.3.4 The Agreement has otherwise been terminated.
16.4
Following the receipt and approval of the Completion Report for each activity, the
County will notify the Developer in writing that each activity is closed. In compliance
with 24 C.F.R. § 92.502(d), all project completion data shall be entered into IDIS
by the County within 120 days after the final drawdown. Project completion means
projects have all necessary title transfer and construction work completed, projects
comply with HOME requirements including property standards set forth at 24
C.F.R. § 92.251, the final draw has been disbursed, and the projection completion
data has been entered into IDIS.
16.5
For the purposes of a rental project, the following shall apply:
16.5.1 The project shall be completed when the site receives a Certificate of
Occupancy;
16.5.2 It is not required for a beneficiary to be identified for the project to be
considered complete. Vacant rental units may be marked as vacant when
completion data is entered into IDIS.
16.5.3 If any rental unit remains unoccupied six (6) months after the date of project
completion, the Developer must provide the County information about
marketing efforts to place occupants in the unit and, if appropriate, an
enhanced plan for marketing the unit so that it is leased as quickly as
possible.
16.5.4 Within eighteen (18) months after the date of project completion, if efforts
to market the unit are unsuccessful and the unit is not occupied by an
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eligible beneficiary (or beneficiaries), the Developer shall be required to
repay all HOME funds invested in the unit.
17.0
FAILURE TO MAKE PROGRESS
17.1
The failure of the Developer 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 Developer agrees to meet with the County at the site at which the
funded activity is to take place to discuss progress and allow the County to provide
technical assistance if:
17.1.1 The Developer 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;
17.1.2 The Developer fails to commit funds to a specific local project in
accordance with the terms of this Agreement within eighteen (18) months
after the date of full execution of this Agreement. Commit for the purposes
of this paragraph shall have the same meaning as in 24 C.F.R. § 92.2(2)(i)-
(iii).
17.1.3 The Developer fails to expend HOME funds in performance of project
activities in accordance with the terms of this Agreement within twenty-four
(24) months after the date of full execution of this Agreement.
17.1.4 Within six (6) months after the date of project completion, if a unit remains
unoccupied, then the Developer must provide the County information about
current marketing efforts and, if appropriate, an enhanced plan for
marketing the unit so that it is leased as quickly as possible. Within 18
months from the date of project completion, if efforts to market the unit are
unsuccessful and the unit is not occupied by an eligible tenant, then HUD
will require repayment of all HOME funds invested in the unit. A unit that
has not served a low- or very low-income household has not met the
purpose of the HOME program. Therefore, the costs associated with the
unit are ineligible. This tracking provides the County with early notice of any
units at risk of going unoccupied as described in 24 C.F.R. § 92.252.
17.2
The County will terminate this Agreement and recapture funds if the Developer
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.
18.0
GENERAL CONDITIONS
18.1
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 Executive Director of the
Developer.
18.1.1 Administrative Change Orders may address any of the following areas:
18.1.1.1
Modifications to the project timeline if the last day of the project
timeline is within the Agreement term;
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Newtown Community Development Corporation
18.1.1.2
Modifications to Budget line items if the Agreement Amount
remains unchanged;
18.1.1.3
Modifications required by federal, state, or County regulations,
ordinances, or policies;
18.1.1.4
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
18.1.1.5
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.
18.1.2 Addenda:
18.1.2.1
The Developer shall submit to the County, an Addendum when
each property has been identified and will be acquired by the
Developer for rehabilitation activities under this Agreement. A
sample Addendum is attached as Attachment 4; and
18.1.2.2
All Addenda shall be integrated into the Agreement.
18.1.3 It is the responsibility of the Developer to ensure the latest documents are
consulted and followed.
19.0
REVERSION OF ASSETS
Unexpended funds must be de-obligated and returned to the County for reallocation.
20.0
VIOLENCE AGAINST WOMEN REAUTHORIZATION ACT of 2013
If the newly constructed home has not been sold to an eligible homebuyer within nine (9)
months after the receipt of a Certificate of Occupancy, it must be converted to a HOME
rental unit that complies with all HOME requirements for the period of affordability
applicable to such rental units, according to 24 C.F.R. § 92.254(a)(3). The Developer then
also 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 Developer must give a Notice of Occupancy Rights to tenants
and applicants to ensure they are aware of their rights under VAWA, maintain an
emergency transfer plan, and document incidents of domestic violence, dating violence,
sexual assault, and stalking.
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Newtown Community Development Corporation
SECTION 3
WORK STATEMENT
MARICOPA COUNTY
HUMAN SERVICES DEPARTMENT
Section 3
Work Statement
Page 37 of 50
Newtown Community Development Corporation
MARICOPA COUNTY
HOME Investment Partnerships Program
Program Year 2020
DUNS Number: 022225143
Project: Urban County Land Trust Program
Type of Property: Acquisition and Rehabilitation of Five Single Family Houses
1.0
FUNDING
HOME 2020
FUNDS
CASH MATCH
OTHER
RESOURCES
TOTAL
BUDGET
$540,000
$135,000
$874,500
$1,549,500
2.0
SCOPE OF WORK
2.1
Project Description: The Developer will acquire and rehabilitate five (5) single-
family houses in Maricopa County’s Urban County Cities or County Islands.
This project is a scattered-site single-family homeownership project. The
Parties agree to execute an addendum at the time the property is identified.
An Addendum to this Agreement identifying individual properties by street
address for participation in the Developer's Community Land Trust Program
(CLT) will be executed before funding is made available regarding each
property. Funds will be paid to the Developer only after it has met the
commitment requirements as set forth in 24 C.F.R. § 92.2 (1) and (2),
respectively, and is prepared to commence rehabilitation within twelve
months.
Funds for rehabilitation are obligated by completing a detailed set of
specifications (work write-up) and completing a detailed rehabilitation cost
estimate based upon those specifications. The cost estimate may include a
contingency for construction change orders. The Developer must inspect
each property prior to occupancy and at project completion to ensure
compliance with applicable standards and codes. Each property must be
free from any defects that pose a danger to the health and safety of
occupants and must meet written rehabilitation standards and local codes
and ordinances at project completion. Copies of the final inspection report
must be retained in the project files and submitted to the County upon
submitting a completion report.
Completed homes will be sold to eligible low-income first-time homebuyers.
Properties will be acquired using the Developer’s line of credit, following
completion of environmental review requirements.
In addition to the requirements set forth in Section 4 (Compensation), the
Developer will execute a Deed of Trust and Note provided by the Administrator
and naming the County as the Beneficiary in order to secure any funds provided
to the Developer as reimbursement for acquisition costs.
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Work Statement
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Newtown Community Development Corporation
Upon sale of the property to an eligible buyer, the Administrator will provide
a Deed of Release and Re-conveyance (By Beneficiary) for the secured
acquisition funds.
Resale provisions will be used to ensure compliance with the period of
affordability required by HUD at 92.254 of the HOME regulations. The
affordability restrictions shall be secured by a Community Land Trust
Ground Lease and a Declaration of Affirmative Land Use Restrictions.
Completed units shall be sold through the CLT program and under which the
buyer shall purchases only the improvements and shall enter a 99-year CLT
Ground Lease with the Developer. The CLT Ground Lease shall contain
provisions that require that the housing to be used as the buyer's principal
residence. The Ground Lease also shall restrict resale/ transfer only to Low-
Income buyers. In addition, the CLT Ground Lease shall contain a shared
appreciation provision that limits the sale price of the housing and helps
ensure affordability for future buyers. A Memorandum of Ground Lease and
Right of First Refusal shall be recorded. A "Performance" Deed of Trust also
shall be recorded with the Developer as the beneficiary; this is to ensure the
Developer is notified in the event the owner of the home attempts to
refinance or transfer the property.
The shared appreciation provision shall conform to Maricopa HOME
Consortium’s Recapture/Resale Provisions. "Fair Return" for leasehold
properties is defined as the lessees purchase price, plus 25% of the lessee's
share of the increase in leasehold value at time of resale based on a
leasehold valuation performed by a duly licensed appraiser.
Upon sale to an eligible buyer, a Declaration of Affirmative Land Use
Restrictive Covenant for HOME Project shall be executed between the
County and the Developer and recorded against the land to secure the
Period of Affordability as required by HUD. The Period of Affordability shall
be based on the total amount of HOME funds invested in the housing.
Eligible buyers will be required to complete an approved homebuyer
education class and homeownership counseling. Eligible buyers also will be
required to complete a CLT orientation, at which time the ground lease,
resale restrictions, shared equity, and all other provisions of the CLT
program shall be fully explained.
2.2
Project Purpose: The Project will create homeownership opportunities for a low-
to moderate-income household that is rated as a high priority in the
Consolidated Plan.
2.3
Project Beneficiaries: Five (5) first-time homebuyers at or below 80% of the area
median income will benefit from this Project. Beneficiaries’ income eligibility will
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Work Statement
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Newtown Community Development Corporation
be verified by the Developer’s staff and will comply with 24 C.F.R §.
92.203(d)(1).
2.4
Eligible buyers will be required to complete an approved homebuyer education
class and homeownership counseling.
2.5
Project Staff: The Developer shall maintain staff qualified to perform the duties
of the project. The Developer shall immediately notify the County regarding any
changes in staff committed to the project. The County reserves the right to
review the qualifications of new staff committed to the project after the execution
of this Agreement. The Developer will be responsible for all communications
with the Maricopa HOME Consortium, providing all updates and as needed
reporting. In addition, any complaints will be the responsibility of the Developer.
2.6
Subcontractors: The Developer will oversee every aspect of the project. This
oversight includes, but is not limited to, day-to-day operations; preparing
budgets; managing the budget, timeline, and change orders; issuing a Request
for Proposal and selecting the general contractor and Subcontractors. The
Developer shall select Subcontractors in accordance with the Administrative
Requirements of this Agreement. The Developer shall contract with responsible
and qualified Subcontractors to perform the duties of the project. The Developer
shall verify the qualifications of each Subcontractor through license verification,
references, and SAM.gov.
2.7
Project Affordability: he family or individual acquiring the housing must qualify
as low-income, as defined in 24 C.F.R. § 5.609, and maintain the housing as
the principal residence throughout the period of affordability, which shall be for
a period of 15 years from the date that the completion report is entered into
HUD’s Integrated Disbursement and Information System (IDIS). Resale
provisions will be used to ensure compliance with the period of affordability
required by HUD at 24 C.F.R. § 92.254 of the HOME regulations.
Upon sale to an eligible buyer, a Declaration of Affirmative Land Use Restrictions
(LURA) will be executed to secure the Period of Affordability and require the
housing to be used as the buyer’s principal residence, as required by HUD. The
LURA will include a due on sale clause to ensure that funds are recaptured if the
property is sold during the Affordability Period.
Section 3
Work Statement
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Newtown Community Development Corporation
3.0
OBJECTIVES AND OUTCOMES:
OBJECTIVE
OUTCOMES
AVAILABILITY/
ACCESSIBILITY
AFFORDABILITY
SUSTAINABILITY
DECENT
HOUSING
Single-Family
Housing Rehab
and Emergency
Rehab,
Homebuyer
Assistance
Homebuyer Activities,
Acq/Rehab of rental
housing, Acq/New
Construction of rental
housing, Expansion of
assisted rental units in the
private marketplace
Housing Activities in a
targeted revitalization
area
4.0
LOGIC MODEL: PERFORMANCE INDICATORS
OUTPUTS
INPUTS/
RESOURCES
ACTIVITIES
PARTICIPATION
OUTCOMES
OBJECTIVES
Development
Staff,
Funding
and Contractors
Acquire
and
rehabilitate five
(5)
units
of
Affordable
Housing to be
held in the CLT
Five (5)
Households
Increased
affordable housing
for
a
low-
to
moderate-income
family.
Increased
homeownership.
Improved
neighborhoods
and quality of life.
Decent
and
affordable
housing
5.0
PERFORMANCE REPORTING GOALS/TIMELINE OF ACTIVITIES
MILESTONES: Tasks to be Performed
COMPLETION
DATE
Application/market study
02/03/2020
Execute Developer Agreement with Maricopa County
for HOME funds
07/01/2020
Environmental Review approval
03/31/2022
Acquisition of properties
03/31/2022
RFP for rehabilitation activities
04/30/2022
Homeownership counseling/buyer preparation
04/30/2022
Rehabilitation
04/30/2022
Sale of Unit
04/30/2022
Homebuyer financing secured
04/30/2022
Expend Proceeds
05/15/2022
Final Close-out /Project Completion Form
06/30/2022
Any change to the Timeline will need to be approved by the County.
Section 3
Work Statement
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Newtown Community Development Corporation
6.0
ACTIVITY BUDGET SUMMARY:
ACTIVITY
HOME
FUNDS
CASH
MATCH
(1)
OTHER
RESOURCES
TOTAL
ACTIVITY
BUDGET
Acquisition
540,000
643,500
1,183,500
Rehabilitation
175,000
175,000
Developer Fee
116,000
116,000
Closing costs
75,000
75,000
Other Soft Costs
TOTALS
$540,000
$1,009,500
$1,549,500
(1)
Cash match dedicated to this Project only.
Note: A total of $3,000 per activity will be withheld as retainage from the total
amount of HOME funds obligated to each activity until a completion report is
submitted to the County.
7.0
ACTIVITY MATCH:
AMOUNT
FORM OF MATCH
SOURCE
$135,000
IDA Match Funds
Federal HOME Loan Bank-SF
8.0
SALES PRICE:
8.1
To ensure the homes are affordable for the target income group, the sales price
shall be calculated so that each buyer’s monthly housing expenses (including
principal, interest, property taxes, and home insurance) does not exceed 35% of
the buyer’s gross monthly household income, unless there are documented
compensating factors. In addition, the housing will have an initial purchase price
or estimated after rehabilitation that does not exceed 95% of the median purchase
price for the area, as described in 24 C.F.R. § 92.254 (a)(2). Refer to Attachment
3 to this Agreement.
8.2
The buyer must obtain a mortgage loan with a fixed term and interest rate and
lender fees may not exceed 5% of the mortgage amount. The income of the buyer
shall be determined according to the requirements at 24 C.F.R. § 92.203.
9.0
PROGRAM INCOME:
All proceeds generated from the development activities shall be considered Program
Income and subject to the Program Income requirements set forth in HOME Program
regulations. as defined in 24 C.F.R. § 92. Program Income shall be retained and expended
by the Developer for the acquisition and rehabilitation of additional properties under this
Agreement. Program Income shall be tracked by the Developer and reported to the County
with each Request for Reimbursement and at the request of the County.
10.0
CONVERSION TO RENTAL:
If the home has not been sold to an eligible homebuyer within nine (9) months after the
receipt of a Certificate of Occupancy, then it must be converted to a HOME rental unit that
complies with all HOME requirements for the period of affordability applicable to such
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Work Statement
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Newtown Community Development Corporation
rental units, according to 24 C.F.R. § 92.254(a)(3). If the vacant property is not converted,
then HOME funds must be repaid to the County.
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Newtown Community Development Corporation
SECTION 4
COMPENSATION
MARICOPA COUNTY
HUMAN SERVICES DEPARTMENT
Section 4
Compensation
Page 44 of 50
Newtown Community Development Corporation
1.0
COMPENSATION
1.1
The Developer 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 Developer 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 pay the Developer compensation for services rendered
as indicated in the following subparagraphs.
1.4
The Developer shall not retain any funds drawn down in excess of immediate cash
needs (to be used within 15 days after draw down) to cover subsequent requests
for reimbursement. Any excess funds must be returned to the County within 30
days after receipt. The Developer also must return to the County any interest that
is earned on these funds that are drawn down and not expended for eligible costs
within 15 days after the funds have been draw down.
2.0
METHOD OF PAYMENT
2.1
The Developer agrees to submit reimbursement requests utilizing the approved
Reimbursement Request Form to the County, along with the Match Log
Certification Form. The Developer may request funds only after it has satisfied the
funding contingencies and federal Environmental Review conditions and have a
written agreement in place for Project activities. Requests for reimbursement must
be made using the request for payment incorporated in this Agreement.
2.2
The Developer 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. Program Income funds must be disbursed
before the Developer requests funds from the County.
2.3
The County agrees to reimburse the Developer for actual allowable costs incurred,
upon certification of HUD Environmental Release of Funds and submittal by the
Developer of an itemized statement of actual expenditures incurred, supported by
appropriate documentation. Reimbursement by the County is not to be construed
as final in the event that HUD disallows reimbursement for the Program or any
portion thereof. The County shall reimburse the Developer on a Net 0 payment
standard.
3.0
TIMELINESS
The Developer must make a good faith 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
REIMBURSEMENT
The County shall provide financial assistance in an amount not to exceed Five hundred
forty thousand dollars and zero cents ($540,000.00) subject to the terms of this Agreement
and availability of funds.
Section 4
Compensation
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Newtown Community Development Corporation
5.0
FINAL REIMBURSEMENT UPON AGREEMENT TERMINATION
5.1
Upon termination of this Agreement at the date identified on page 1 of this
Agreement, or as may be amended, the Developer shall submit the final
reimbursement request.
5.1.1 This request shall be submitted no later than 30 calendar days after the
termination date except as noted immediately below.
5.1.2 If the termination date is between June 10th and June 30th, then the final
reimbursement request shall be submitted by July 10th.
5.1.3 The final progress report, and any other required reports that may be
applicable such as the Project proceeds report, shall be submitted with the
final reimbursement request.
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Newtown Community Development Corporation
SECTION 5
ATTACHMENTS
MARICOPA COUNTY
HUMAN SERVICES DEPARTMENT
Section 5
Attachments
Page 47 of 50
Newtown Community Development Corporation
Attachment 1
Section 5
Attachments
Page 48 of 50
Newtown Community Development Corporation
Attachment 2
Section 5
Attachments
Page 49 of 50
Newtown Community Development Corporation
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
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Newtown Community Development Corporation
Attachment 4
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