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Maricopa County Page 1 of 21 INTERGOVERNMENTAL AGREEMENT BETWEEN CITY OF EL MIRAGE AND MARICOPA COUNTY Agreement Number: Agreement Amount: $1,000,000 Agreement Start Date: When both parties have signed Agreement Termination Date: December 31, 2025 ALN: 21.027 American Rescue Plan Act Unique Entity ID: MHLNFHVYWDD9 1.0 PARTIES This financial Intergovernmental Agreement (“Agreement”) is between the City of El Mirage (“City”) administered by its Administration Department, (“Department”) and Maricopa County (“County” or “Subrecipient”), administered by its Human Services Department. The City and the Subrecipient collectively are referred to as the “Parties” and individually as the “Party.” 2.0 PURPOSE Through this Agreement, the Parties will increase affordable housing availability in the City of El Mirage. The execution of this project shall assist low-income families in Maricopa County by increasing the availability of affordable housing. The City shall provide American Rescue Plan Act (“ARPA”) funds to the County. The County shall contract with a developer to acquire and rehabilitate homes included in a Community Land Trust to be sold to low-to-moderate income homebuyers. 3.0 TERM OF AGREEMENT 3.1 The term of this Agreement is from when both parties have signed through December 31, 2025. 3.2 This Agreement may be extended, but not beyond December 31, 2026, with the condition the Subrecipient is in compliance with the terms and conditions of this Agreement. Extensions shall be processed as identified in section 4.0 (Amendment). 3.3 This Agreement shall be effective upon approval and signature by both Parties. 4.0 AMENDMENTS Any changes to this Agreement shall be effective only by a written amendment signed by both Parties. 5.0 ADMINISTRATIVE CHANGE ORDERS 5.1 The City Manager and Chairman of the Board of Supervisors are authorized to make changes within the general scope of the Agreement on behalf of the City and County respectively through Administrative Change Orders. Administrative Change Orders will be effective upon approval and execution by both the City Manager and the Chairman. Administrative Change Orders may address any of the following areas: Maricopa County Page 2 of 21 5.1.1 Modifications to the project timeline if the last day of the project timeline is within the Agreement term; 5.1.2 Modifications to budget line items if the Agreement amount remains unchanged; 5.1.3 Modifications required by federal, state, County, or City regulations, ordinances, or policies; and/or 5.1.4 Modifications to administrative requirements such as changes in reporting periods, frequency of reports, or report formats required by the U.S. Department of Treasury or local regulations, policies, or requirements. 6.0 ACRONYMS AND DEFINITIONS Acronyms and Definitions found under 2 C.F.R. §§ 200.0 & 200.1 are incorporated by reference. 7.0 FUNDING The City shall provide the Subrecipient with $1,000,000 in ARPA Funds under Assistance Listing Number (ALN) 21.027 and provided to the City through the U.S. Department of Treasury. 8.0 AVAILABILITY OF FUNDS 8.1 The Parties’ obligations under this Agreement shall become effective when funds assigned for the purpose of compensating the Subrecipient are available to the City for disbursement. The City shall be the sole authority in determining the availability of funds under this Agreement, and the City shall keep the Subrecipient fully informed as to the availability of funds. 8.2 If any action is taken by any federal, state, local agency, or any other agency or instrumentality other than the City to amend, suspend, or terminate its fiscal obligation under or provided in connection with this Agreement, then the City may amend, suspend, or terminate this Agreement. In the event of termination, the City shall be liable for payment only for services rendered prior to the effective date of the termination, provided that such services were performed in accordance with the provisions of this Agreement. Furthermore, upon termination Subrecipient shall be released from all pending responsibilities and shall have no further obligation to perform under the Agreement unless it is expressly provided for herein as an obligation that survives termination. The City shall give written notice of their intent to suspend performance or their intent to terminate this Agreement under this Section at least ten (10) calendar days in advance. 9.0 RESPONSIBILITIES OF ORGANIZATIONS 9.1 The Subrecipient shall: 9.1.1 Complete the project description in Exhibit A, Statement of Work. 9.1.2 Ensure compliance with federal, state, and City requirements as they relate to the federal ARPA and general federal grant requirements. 9.1.3 Ensure compliance with all applicable laws, rules, and regulations. 9.1.4 Maintain sufficient qualified and trained staff to provide services under this Agreement. 9.1.5 Complete Quarterly Reports to the City no later than 30 days after the end of the reporting quarter with the following information: 9.1.5.1 Status and updates on projects’ milestones and timelines; 9.1.5.2 Current quarter expenditures; Maricopa County Page 3 of 21 9.1.5.3 Expenditure forecasting for the current quarter and duration of the projects; 9.1.5.4 Anticipated delays or issues; 9.1.5.5 Any significant disruptions to progress or timelines; and 9.1.5.6 Any other issues or information the Department should know. 9.2 The City shall: 9.2.1 Provide monthly payment of Subrecipient invoices. 9.2.2 Respond to Subrecipient questions in a timely manner. 9.2.3 Provide technical assistance and training to Subrecipient’s staff as necessary to ensure proper administration services under this Agreement. 9.2.4 Provide Invoice and Program Reporting template to Subrecipient. 9.2.5 Report to the U.S. Department of Treasury on the Subrecipient’s use of ARPA funds, under this Agreement. 10.0 COMPENSATION 10.1 The Agreement is on a cost reimbursement basis. Subrecipient shall submit monthly invoices to the City for all costs associated with this project. 10.2 Subrecipient must submit a Request for Reimbursement to the City of all expenditures within the same fiscal year in which the expenditures are incurred. The fiscal year is July 1st through June 30th each year. Therefore, reimbursement must be submitted no later than July 30th for the preceding fiscal year. 10.3 Final Reimbursement Upon Agreement Termination: 10.3.1 Prior to termination of this Agreement, at the date identified on page one (1) of this Agreement, or as may be amended, the Subrecipient shall submit the final reimbursement request. 10.3.2 This request shall be submitted no later than 30 calendar days after the termination date except as noted immediately below: 10.3.2.1 If the termination date is between June 10th and June 30th, of any fiscal year, then the final Reimbursement Request shall be submitted to the City by July 10th. 10.3.3 The final progress report, and any other required reports, that may be applicable, such as the program income report, shall be submitted with the Final Reimbursement Request. 10.3.4 Late receipt of the Final Reimbursement Request (e.g., not received within 45 days following the termination date) may result in forfeiture of payment. 11.0 METHOD OF PAYMENT 11.1 The Subrecipient shall submit invoices for project activities to mlongoria@elmirageaz.gov. 11.2 The Subrecipient shall comply with all requirements under 2 C.F.R. 200.415, incorporated herein by reference. 11.3 Payment by the City is not to be construed as final in the event that the Department of Treasury disallows payment for the activity or any portion thereof. 11.4 Funds not expended in implementing the activities in the Statement of Work or upon completion of the statement of Work shall be returned to the ARPA unprogrammed funds account. 11.5 The City shall reimburse the Subrecipient on a net zero (0) payments standard. 12.0 DISALLOWED COSTS Maricopa County Page 4 of 21 12.1 The cost principles set forth in the Code of Federal Regulations (C.F.R.”), 2 C.F.R. Part 200 Subpart E including later amendments and editions on file with the Arizona Secretary of State and incorporated here by reference, shall be used to determine the allowability of incurred reimbursable costs under this Agreement. 12.2 Further, the Subrecipient shall follow cost principles as outlined in Office of Management and Budget (OMB) Uniform Guidance, 2 C.F.R. §§ 200, et seq. 12.3 Those costs that are defined as unallowable in 2 C.F.R. shall not be submitted for reimbursement by the Subrecipient and shall not be reimbursed by the City. 13.0 TERMINATION 13.1 Under A.R.S. § 38-511, the Parties may cancel this Agreement without penalty or further obligation within three years (3) after execution of this Agreement, if any person significantly involved in initiating, negotiating, securing, drafting or creating this Agreement on behalf of one Party at any time while this Agreement or any extension of this Agreement is in effect, is or becomes an employee or agent of any other Party to this Agreement in any capacity or consultant to any other party to this Agreement that results in a conflict of interest with respect to the subject matter of this Agreement. 13.2 Additionally, pursuant to A.R.S. § 38-511, either Party may recoup any fee or commission paid or due to any person significantly involved in initiating, negotiating, securing, drafting, or creating this Agreement on behalf of the one Party from the 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. 13.3 Either Party may terminate this Agreement at any time by giving the other Party at least sixty (60) calendar days prior notice in writing (unless terminated by a Party under the Availability of Funds provision). Any notice shall be given by either personal delivery or registered or certified mail, postage prepaid and return receipt requested, to the persons at the addresses set forth in Section 13.0 of this Agreement. 13.4 In the event of termination, the Parties shall be liable for payment only for reimbursable costs incurred prior to the effective date of the termination, provided that such services were performed in accordance with the provisions of this Agreement. Neither Party shall be liable for any incomplete or additional performance under the Agreement unless expressly stated herein as an obligation that survives termination. 13.5 The City may suspend or terminate this Agreement if the Subrecipient violates any term or condition of this Agreement or if the Subrecipient fails to maintain a good- faith effort to carry out the purpose of this Agreement. 13.6 The Parties jointly may terminate this Agreement for convenience upon 30 days prior written notice. The Parties shall agree upon the termination conditions including the effective date of the termination. The Party initiating the termination shall notify the other Parties in writing stating the reasons for such termination. 14.0 NOTICES Notifications and communications concerning this Agreement shall be directed to the following: Subrecipient: Maricopa County Human Services Department City of El Mirage: Crystal Dyches, City Manager (623) 876-2941 Maricopa County Page 5 of 21 Jamie Macfarlane, Housing and Community Development Manager (602) 506-5813 jamie.macfarlane@maricopa.gov 234 N. Central Avenue 3rd Floor Phoenix, AZ 85004 cdyches@elmirageaz.gov 10000 N. El Mirage Rd. El Mirage, AZ 85335 15.0 EMPLOYMENT DISCLAIMER 15.1 This Agreement is not intended to constitute, create, give rise to, or to otherwise recognize a joint venture, partnership, or other formal business association or organization of any kind, and the rights and obligations of the Parties shall be only those expressly set forth in this Agreement. 15.2 The Subrecipient agrees that no individual performing under this Agreement on behalf of the Subrecipient shall be considered a City agent, employee, or representative and those individuals are not entitled City civil service rights, City retirement rights, or any other rights provided under the City personnel rules, nor shall those rights accrue or apply to any such individual. 15.3 The Subrecipient shall have total responsibility for all salaries, wages, bonuses, retirement, withholdings, workers’ compensation, occupational disease compensation, unemployment compensation, other employee benefits, and all taxes and premiums appurtenant thereto concerning such individuals shall indemnify, defend, and hold harmless the City with respect to the foregoing. 15.4 The City agrees that no individual performing under this Agreement on behalf of City may be considered a Subrecipient agent, employee, or representative and that no rights of Subrecipient civil service, Subrecipient retirement, or Subrecipient personnel rules shall accrue or apply to any such individual. 15.5 The City shall have total responsibility for all salaries, wages, bonuses, retirement, withholdings, workers’ compensation, occupational disease compensation, unemployment compensation, other employee benefits, and all taxes and premiums appurtenant thereto concerning such individuals and the City shall indemnify, defend, and hold harmless the Subrecipient with respect to the foregoing. 16.0 GENERAL REQUIREMENTS 16.1 The terms of this Agreement shall be interpreted in accordance with Arizona law and the applicable laws and regulations of ARPA. Any lawsuit arising out of this Agreement shall be brought in the appropriate court in Maricopa County, Arizona. 16.2 The Subrecipient shall, without limitation, obtain and maintain all licenses, permits and authority necessary to do business, render services and perform work under this Agreement, and shall comply with all laws regarding unemployment insurance, disability insurance and worker's compensation. 16.3 Each Party is an independent contractor under the provisions of this Agreement and no officer, employee, or agent is to be considered an officer, employee, or agent of the other Party. 16.4 The Subrecipient shall comply with the regulations prohibiting conflict of interest. For purposes of this Agreement the terms within this subparagraph have the meanings prescribed by A.R.S. § 38-502. Therefore, the Subrecipient shall not make any payments, either directly or indirectly, to any person, partnership, corporation, trust, or other organization that has a substantial interest in Subrecipient’s organization, the City, or the project. Maricopa County Page 6 of 21 16.5 Subrecipient must make full written disclosure of any proposed payments to the City and receive written approval for the payments. 17.0 ASSIGNMENT AND SUBCONTRACTING 17.1 No right, liability, obligation, or duty under this Agreement may be assigned, delegated, or subcontracted, in whole or in part, without the prior written approval of the City. The Subrecipient shall bear all liability under this Agreement, even if it is assigned, delegated, or subcontracted, in whole or in part, unless the City agrees otherwise. 17.2 In accordance with 2 C.F.R. §200.331, the Subrecipient may make a “Subaward” as a pass-through entity for the purpose of carrying out a portion of the federal award and General Funds. The Subrecipient will make determinations classifying recipients of federal funds as a subrecipient. 17.3 Subrecipient must ensure any Subaward recipient or subcontractor is compliant with all ARPA and general federal grant requirements, including reporting requirements. 18.0 DISPUTES 18.1 Except as otherwise provided for in this Agreement, the Parties may attempt to informally resolve any dispute arising out of this Agreement for a reasonable period of time, but which shall not exceed one hundred twenty (120) calendar days. Disputes which are not resolved in 120 days, shall be submitted in accordance with the following dispute resolution process. 18.1.1 Notice of the specific grounds of a dispute shall be in writing and filed with the City Representative listed in the Notices paragraph, within ten (10) business days from the date the Subrecipient knew or should have known of the basis of the dispute. 18.1.2 The City Representative shall respond in writing to the Subrecipient within fourteen (14) business days. The decision of the City Representative shall be final and conclusive unless, within seven (7) business days after the date the Subrecipient is served with the decision, the Subrecipient files a written notice of appeal with the City Representative. 18.1.3 The City Representative shall provide the Subrecipient with a written response within fourteen (14) business days following receipt of the notice of appeal. The decision of the City Representative shall be final and not appealable. 18.1.4 Pending the decision of the City Representative, the Subrecipient shall diligently proceed with its performance of this Agreement in accordance with the City Representative’s decision. 18.1.5 In the event Subrecipient disagrees with the decision, the Subrecipient shall have every existing and future right or remedy available by law or in equity to resolve the dispute. 19.0 SEVERABILITY Any provision of this Agreement determined by a court to be invalid, void, or illegal 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. 20.0 STRICT COMPLIANCE One Party’s acceptance of the other Party’s performance not in strict compliance with the terms of this Agreement shall not be deemed to waive the requirements of strict compliance Maricopa County Page 7 of 21 for all future performance. All changes in performance obligations under this Agreement shall be in writing and signed by both Parties. 21.0 SINGLE AUDIT ACT REQUIREMENTS The Subrecipient is in receipt of federal funds through the City and is subject to the federal audit requirements of the Single Audit Act of 1984, as amended (Pub. L. No. 98-502) (codified at 31 U.S.C. § 7501, et seq.). The Subrecipient shall comply with 2 C.F.R. 200, Subpart F. Upon completion, such audits shall be made available for public inspection. Audits shall be submitted to the City within the twelve (12) months following the close of the fiscal year. The Subrecipient shall take corrective actions within six (6) months of the date of the receipt of audit findings. The City shall consider sanctions as described in 2 C.F.R. § 200.505 if it is determined by ARPA or the City that the Subrecipient is not in compliance with the audit requirements. 22.0 AUDIT DISALLOWANCES 22.1 The Subrecipient shall, upon written notice, reimburse the City for any payments made under this Agreement that are disallowed by a federal, state, or City audit. Court costs and attorney and expert fees incurred will be specifically identified as applicable to the recovery of the disallowed costs in question. 22.2 If the City determines that a cost for which payment has been made is a disallowed cost, then the City will notify the Subrecipient in writing of the disallowance and identify the required course of action, which shall be at the option of the City, either to adjust any future claim submitted by the Subrecipient by the amount of the disallowance or to require immediate repayment of the disallowed amount by the Subrecipient issuing a check payable to the City. 23.0 PROPERTY 23.1 Any City property furnished or leased pursuant to the terms of this Agreement shall be utilized, maintained, repaired, and accounted for in accordance with the instructions furnished by the City, and title to all such property shall revert to the City upon the expiration or termination of this Agreement. The costs to repair such property is the responsibility of the Subrecipient within the limits budgeted in this Agreement. 23.2 Any Subrecipient property furnished or purchased pursuant to the terms of the Agreement shall be utilized, maintained, repaired, and accounted for by the Subrecipient or Subrecipient’s subrecipient, as applicable. Repair costs of such property shall be the responsibility of the Subrecipient or Subrecipient’s subrecipient, as applicable. 24.0 LIMITATION ON LIABILITY 24.1 The City 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 Subrecipient or any and all of its agents, representatives, officials, officers, directors, employees, volunteers, departments, agencies, boards, committees, or commissions occurring in the performance of this Agreement, nor shall the City and its agents, representatives, officials, officers, directors, employees, volunteers, departments, agencies, boards, committees, and commissions be liable for purchases or contracts made by the Subrecipient or any and all of its agents, representatives, officials, officers, directors, employees, volunteers, departments, agencies, boards, committees, or commissions in connection with this Agreement, except as otherwise provided by law. Maricopa County Page 8 of 21 24.2 The Subrecipient 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 City or any and all of its agents, representatives, officials, officers, directors, employees, volunteers, departments, agencies, boards, committees, or commissions occurring in the performance of this Agreement, nor shall the Subrecipient and its agents, representatives, officials, officers, directors, employees, volunteers, departments, agencies, boards, committees, and commissions be liable for purchases or contracts made by the City or any and all of its agents, representatives, officials, officers, directors, employees, volunteers, departments, agencies, boards, committees, or commissions in connection with this Agreement, except as otherwise provided by law. 25.0 GENERAL INDEMNIFICATION 25.1 Each Party (as “Indemnitor”) agrees to indemnify, defend, and hold harmless the other Party and its officers, officials, employees, and agents (collectively, “Indemnitees”) from and against any and all claims, losses, liability, costs, or expenses (including reasonable attorney and expert fees) (collectively referred to as “claims”) either arising from or related to breach of this Agreement, but only to the extent such claims are caused by the act, omission, negligence, misconduct, or other fault of the Indemnitor and any and all of its agents, representatives, officials, officers, directors, employees, volunteers, departments, agencies, boards, committees, and commissions. 25.2 Subrecipient shall add an indemnity clause to all agreements with contractors receiving funds from this agreement requiring that contractor indemnity, defend and hold the City harmless and its officers, officials, employees, and agents (collectively, “Indemnitees”) from and against any and all claims, losses, liability, costs, or expenses (including reasonable attorney and expert fees) (collectively referred to as “claims”) either arising from or related to breach of the contract, but only to the extent such claims are caused by the act, omission, negligence, misconduct, or other fault of the Indemnitor and any and all of its agents, representatives, officials, officers, directors, employees, volunteers, departments, agencies, boards, committees, and commissions. 26.0 INSURANCE 26.1 The Subrecipient is a public entity and shall provide the City with a Certificate of Self- Insurance equal to: General Aggregate $3,000,000 Each Occurrence Limit $1,000,000 26.2 Mail COI to: City of El Mirage City Clerk 10000 N. El Mirage Rd. El Mirage, AZ 85335 26.3 Cancellation and Expiration Notice: 26.3.1 Applicable to all insurance policies required within the insurance requirements of this contract, Subrecipient’s insurance shall not be permitted to expire, be suspended, be canceled, without 30 days prior written notice to the City of El Mirage. Such notice shall be sent directly to the City of El Mirage City Clerk and shall be mailed, emailed, or hand delivered to 10000 N. El Mirage Rd., El Mirage, AZ 85335. Maricopa County Page 9 of 21 27.0 OFFSHORE PERFORMANCE OF WORK PROHIBITED Due to security and identity protection concerns, direct services under this Agreement shall be performed within the borders of the United States. Any services that are described in the specifications or scope of work that directly serve State of Arizona residents and may involve access to secure or sensitive data or personal client data or development or modification of software shall be performed within the borders of the United States. Unless specifically stated otherwise in the specifications, this definition does not apply to indirect or “overhead” services, redundant back-up services, or services that are incidental to the performance of the Agreement. This provision applies to work all performed by Subrecipients or subcontractors at all tiers. 28.0 TECHNICAL ASSISTANCE The City will provide reasonable technical assistance to the Subrecipient to assist in complying with state and federal laws, and regulations, and accountability for diligent performance and compliance with the terms and conditions of this Agreement and all applicable laws, regulations, and standards. However, this assistance in no way relieves the Subrecipient of full responsibility and accountability for its actions and performance in compliance with the terms of this Agreement. 29.0 STAFF AND VOLUNTEER TRAINING The City may make available to the Subrecipient the opportunity to participate in any applicable training activities conducted by the City. 30.0 CLEAN AIR ACT The Subrecipient agrees to comply with all regulations, standards and orders issued pursuant to the Clean Air Act of 1970, as amended (42 U.S.C. §§ 7401, et seq.), to the extent any are applicable by reason of performance of this Agreement. 31.0 LOBBYING 31.1 No federal appropriated funds have been paid or will be paid by or on behalf of the Subrecipient to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal agreement, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal agreement, grant, loan, or cooperative agreement. 31.2 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. 32.0 RELIGIOUS ACTIVITIES The Subrecipient warrants that none of its costs incurred will include any expense related to any religious activities. 33.0 POLITICAL ACTIVITY PROHIBITED Maricopa County Page 10 of 21 None of the funds, materials, property, or services contributed by the City under this Agreement shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office. 34.0 COVENANT AGAINST CONTINGENT FEES The Subrecipient warrants that no persons or entities have been employed or retained by it 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 City may immediately terminate this Agreement without liability. 35.0 SAFEGUARDING OF PARTICIPANT INFORMATION The use or disclosure by the Subrecipient of any information concerning an applicant for, or recipient of, service under this Agreement is directly limited to conduct of this Agreement. The Subrecipient and any and all of its agents, representatives, officials, officers, directors, employees, volunteers, departments, agencies, boards, committees, and commissions shall safeguard the confidentiality of this information, just as they would safeguard their own confidential information. 36.0 RIGHTS IN DATA The Parties shall each have the use of data and reports resulting from this Agreement without cost or other restriction, except as otherwise provided by law or applicable regulation. Each Party shall supply to the other Party, upon request, any available information that is relevant to this Agreement and to the performance under it, except to the extent prohibited by law. 37.0 COPYRIGHTS If this Agreement results in a book or other written material, the author is free to copyright the work, but the Parties reserve a royalty-free, nonexclusive, perpetual, and irrevocable license to reproduce, publish, and otherwise use and to authorize others to use, all copyrighted material and all material that may be copyrighted as a result of this Agreement. 38.0 AGREEMENT COMPLIANCE MONITORING/AUDITING 38.1 The City will monitor the Subrecipient's compliance as needed for fiscal and programmatic performance under the terms and conditions of this Agreement and applicable regulations promulgated by ARPA and the City of El Mirage. On-site visits for compliance monitoring may be made by the City and/or its grantor agencies at any time during the Subrecipient's normal business hours, announced and/or unannounced. For auditing purposes, the City shall provide the Subrecipient with 30 days’ advance notice of any proposed on-site visit. During an on-site visit(s), the Subrecipient shall reasonably make all of its records and accounts related to work performed or services provided under this Agreement available to the City for inspection and copying. 38.2 The City shall request information for fiscal monitoring/audit per OMB Uniform Guidance 2 C.F.R. § 200, to include as applicable: 38.2.1 Financial Management 2 C.F.R. § 200.302 38.2.2 Internal Controls 2 C.F.R. § 200.303 38.2.3 Bonds 2 C.F.R. § 200.304 38.2.4 Payment and Financial Reporting 2 C.F.R. § 200.305 38.2.5 Cost Sharing or Matching 2 C.F.R. § 200.306 38.2.6 Program Income 2 C.F.R. § 200.307 38.2.7 Revision of Budget and Program Plans 2 C.F.R. § 200.308 Maricopa County Page 11 of 21 38.2.8 Period of Performance 2 C.F.R. § 200.309 38.2.9 Insurance Coverage 2 C.F.R. § 200.310 38.2.10 Record Retention and Access 2 C.F.R. §§ 200.334 – 200.338 38.2.11 Procurement Standards 2 C.F.R. § 200.318 38.2.12 Indirect Costs 2 C.F.R. § 200.414 38.2.13 Compensation-Personal Services 2 C.F.R. § 200.430 38.2.14 Audit Requirements 2 C.F.R. §§ 200.501-200.517 39.0 CONTINGENCY RELATING TO OTHER AGREEMENTS AND GRANTS 39.1 The Subrecipient shall, during the term of this Agreement, within fifteen (15) business days from acceptance, inform the City Manager in writing of the award of any other agreement or grant, including any other agreement or grant awarded by the City, where the award may affect either the direct or indirect costs being paid or reimbursed under this Agreement. The Subrecipient’s failure to notify the City of any such agreement shall be a breach of this Agreement and the City may immediately terminate this Agreement without liability. 39.2 The City Manager may request, and Subrecipient shall provide within a reasonable time, which shall not exceed ten (10) business days, a copy of all such other agreements or grants, when, in the opinion of the City Manager, the award of the agreement or grant may affect the costs being paid or reimbursed under this Agreement, except to the extent prohibited by law. 39.3 If the City Manager determines that the award to the Subrecipient from such other agreements or grants has affected the costs being paid or reimbursed under this Agreement, then the City Manager shall prepare an amendment to this Agreement effecting a cost adjustment. If the Subrecipient disputes the proposed cost adjustment, then the dispute shall be resolved pursuant to the "Disputes" paragraph of this Agreement. 40.0 MINIMUM WAGE REQUIREMENTS The Subrecipient warrants that it shall pay all of its employees who are engaged in either performing work or providing services under the terms of this Agreement not less than the minimum wage specified under Section 206(a)(1) of the Fair Labor Standards Act of 1938, as amended (29 U.S.C. §§ 201, et seq.), by law and regulation, and, as applicable, Executive Order 13658, as amended, and as specified by Arizona law. 41.0 RECOGNITION OF CITY SUPPORT The Subrecipient shall give recognition to the City and the funding source for its support when the Subrecipient publishes materials or releases public information that is paid for in whole or in part with funds received by the Subrecipient under this Agreement. 42.0 NONDISCRIMINATION, EQUAL OPPORTUNITY AND EQUAL ACCESS The Subrecipient, in connection with any services or other activities under this Agreement, shall not in any way discriminate against any person on the grounds of race, color, religion, sex, national origin, age, disability, political affiliation or belief. The Subrecipient shall include this clause in all its Subcontracts. 43.0 DISABILITY REQUIREMENTS The Subrecipient agrees that any electronic or information technology offered under this Agreement shall comply with A.R.S. §§41-2531 and 41-2532 and Section 508 of the Rehabilitation Act of 1973, which requires that employees and members of the public shall Maricopa County Page 12 of 21 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. 44.0 EQUAL EMPLOYMENT OPPORTUNITY 44.1 The Subrecipient shall not discriminate against any employee or applicant for employment because of race, age, disability, color, religion, sex, sexual identity, gender identity, or national origin. 44.2 The Subrecipient shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, age, disability, color, religion, sex, sexual identity, gender identity, or national origin. Such action shall include, but is not limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, lay-off or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 44.3 The Subrecipient shall and shall cause their respective subcontractors to comply with: 44.3.1 Title VI and VII of the Civil Rights Act of 1964, as amended (42 U.S.C. §§ 2000a, et seq.); 44.3.2 the Rehabilitation Act of 1973, as amended (29 U.S.C. §§ 701, et seq.); 44.3.3 the Age Discrimination in Employment Act of 1967, as amended (29 U.S.C. §§ 621, et seq.); 44.3.4 the Americans With Disabilities Act of 1990 (42 U.S.C. §§ 12101, et seq.); and 44.3.5 Arizona Executive Order 2009-09, et seq. as amended, which mandates that all persons shall have equal access to employment opportunities. 45.0 UNIFORM ADMINISTRATIVE REQUIREMENTS The Subrecipient agree 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 Title 2 C.F.R. §§ 200, et seq. 46.0 FINANCIAL MANAGEMENT The Subrecipient shall establish an accounting system that assures the safeguarding and accountability of all money and assets provided under this Agreement. No part of the money deposited in the bank account shall be commingled with other funds or money belonging to the Subrecipient. All interest earned on the account shall be disbursed in the manner specified by the City in accordance with applicable State of Arizona and federal regulations. If an accounting system is used, then it shall be in accordance with generally accepted accounting principles. 47.0 RETENTION OF RECORDS 47.1 This provision applies to all financial and programmatic records, supporting documents, statistical records, and other records of the Subrecipient that are related to this Agreement. 47.2 The Subrecipient shall retain all records relevant to this Agreement for six (6) years after final payment or until after the resolution of any audit questions which could be more than six (6) years, whichever is longer, and the City, federal and state auditors and any other persons duly authorized by the City shall have full access to, and the right to examine, copy, and make use of any and all of the records. Maricopa County Page 13 of 21 48.0 ADEQUACY OF RECORDS If the Subrecipient’s books, records and other documents related to this Agreement are not sufficient to support and document that allowable services were provided to eligible participants as determined by a court of competent jurisdiction, then the Subrecipient shall reimburse the City for the services not supported and documented. 49.0 IMMIGRATION LAWS AND REGULATIONS 49.1 Federal Immigration and Nationality Act 49.1.1 The Subrecipient understand and acknowledge the applicability of the Immigration Reform and Control Act of 1986 (IRCA). The Subrecipient agrees to comply with the IRCA in performing under this Agreement and to permit the City to reasonably inspect personnel records to verify such compliance, to the extent required by law. 49.1.2 By entering into this Agreement, the Subrecipient 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 Subrecipient shall obtain statements from their subcontractors certifying compliance and shall furnish the statements to the City upon request. These warranties shall remain in effect through the term of the Agreement. The Subrecipient and their 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. 49.1.3 The City may request verification of compliance for any employee or subcontractor performing work under the Agreement. Should the City suspect or find that the Subrecipient or any of its subcontractors are not in compliance, then the City may pursue any and all remedies allowed by law, including, but not limited to suspension of work, termination of the Agreement for default, and suspension or debarment (or both) of the Subrecipient. All costs necessary to verify compliance are the responsibility of the subrecipient or its subcontractor. 49.2 Arizona Law: The Subrecipient warrants that it is in compliance with A.R.S. § 41- 4401 (E-Verify requirements) and further acknowledges that: 49.2.1 That the Subrecipient and their 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; 49.2.2 A breach of a warranty under this Subparagraph 48.2.2 shall be deemed a material breach of this Agreement and the City may immediately terminate this Agreement without liability; and 49.2.3 The City and any contracting government entity retain the legal right to inspect the papers and employment records of the Subrecipient or their Vendor’s employees who works on this Agreement to ensure that such Party or Vendor is complying with the warranty provided under this Subparagraph 48.2.3 and that the Subrecipient agrees to make all papers and employment records of those employees available during normal working hours in order to facilitate such an inspection. 50.0 DRUG FREE WORKPLACE ACT The Subrecipient shall comply with the Drug-Free Workplace Act of 1988 (41 U.S.C. §§ 701, et seq.), which requires that Subrecipients and grantees of federal funds must certify that Maricopa County Page 14 of 21 they will provide Drug-Free workplaces. This certification is a precondition to receiving a grant or entering into this Agreement. 51.0 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION 51.1 The undersigned, by signing this Agreement, represents that he/she has the authority to bind the Subrecipient to the terms of this Certification. The Subrecipient, as the primary participant in accordance with 2 C.F.R. Part 180, certifies to the best of its knowledge and belief that it and its principals: 51.1.1 Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; 51.1.2 Have not within a 3-year period preceding the Start Date of this Agreement, been convicted of or had a civil judgment rendered against them for (1) the commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, State, or local) transaction or a contract under a public transaction; (2) the violation of any federal or State antitrust statutes or (3) the commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 51.1.3 Are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with the commission of any of the offenses enumerated in Sub-subparagraph 50.1.2 above; and 51.1.4 Have not, within a three-year period preceding the Start Date of this Agreement, had one or more public transactions (federal, state, or local) terminated for cause or default. 51.2 The Subrecipient agrees to include, without modification, this clause in all lower tier covered transactions (i.e., transactions with subcontractors) and in all solicitations for lower tier covered transactions related to this Agreement. 52.0 SUBRECIPIENT EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS: 52.1 The Subrecipient agrees that this Agreement and its employees working on this Agreement will be subject to the whistleblower rights and remedies in the federal pilot program 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 Subrecipient shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. § 4712, as described in Section 3.908 of the Federal Acquisition Regulation. Documentation of such employee notification must be kept on file by the Subrecipient, and copies provided to City upon request; and 52.3 The Subrecipient shall insert the substance of this clause, including this Paragraph 51.0, in all subcontracts over the agreed upon simplified acquisition threshold ($250,000 as of June 2021). 53.0 WRITTEN CERTIFICATION PURSUANT TO A.R.S. § 35-393.01 If the Subrecipient engages in for-profit activity and has 10 or more employees, and if this Agreement has a value of $100,000 or more, then the Subrecipient certifies it is not currently engaged in and agrees for the duration of this Agreement not to engage in, a Maricopa County Page 15 of 21 boycott of goods and services from Israel. This certification does not apply to a boycott prohibited by 50 U.S.C. § 4842 or a regulation issued pursuant to 50 U.S.C. § 4842. 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. 55.0 DEFAULT AND REMEDIES FOR NONCOMPLIANCE 55.1 Notwithstanding anything to the contrary, this Section shall not be deleted or superseded by any other provision of this Agreement. 55.2 This Agreement may be immediately terminated by a Party if the other Party defaults by failing to perform any objective or breaches any obligation under this Agreement, or any event occurs that jeopardizes the other Party’s ability to perform any of its obligations under this Agreement. 55.3 Failure to comply with the requirements of this Agreement and all the applicable federal, state, or local laws, rules, and regulations may result in suspension or termination of this Agreement, the return of unexpended funds (less just compensation for work satisfactorily completed that, to date, had not been reimbursed), the reimbursement of funds improperly expended, or the recovery of funds improperly acquired. Noncompliance includes, but is not limited to: 55.3.1 Non-performance of any obligations required by this Agreement. 55.3.2 Noncompliance with any applicable federal, state, or local laws, rules, or regulations. 55.3.3 Unauthorized expenditure of funds. 55.3.4 Noncompliance with applicable financial record requirements, accounting principles, or standards established by OMB circulars and 2 C.F.R. §§ 200 et seq. 55.3.5 Noncompliance with recordkeeping, record retention, or reporting requirements. 55.4 Notwithstanding the suspension or termination of this Agreement, or the final determination of the proper disposition of funds, the Subrecipients, without intent to limit or with restrictions, be subject to the following: 55.4.1 Acknowledge that suspension or termination of this Agreement does not affect or terminate any rights against that Party at the time of suspension or termination, or that may accrue later. Nothing herein shall be construed to limit or terminate any right or remedy available under Agreement. 55.4.2 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. 55.5 The Subrecipient shall, upon notice or with knowledge obtained by itself or others, take any and all proactive actions necessary, and provide any and all applicable remedies to address and correct any act by itself, and any and all of its agents, representatives, officers, officials, directors, employees, volunteers, successors, assigns, or subcontractors that resulted in any wrongdoing (intentional or unintentional); misuse or misappropriation of funds; the incorrect or improper disposition of funds; any violation of any federal, state, or local law, rule, or regulation; or the breach of any certification or warranty provided in this Agreement. Maricopa County Page 16 of 21 56.0 ADMINISTRATIVE REQUIREMENTS 56.1 Accounting Standards - The Subrecipient agrees to comply with this Agreement and to adhere to the accounting principles and procedures required to utilize adequate internal controls and maintain necessary source documentation for all costs incurred, as well as any applicable federal laws and regulations. The Subrecipient further agrees to maintain an adequate accounting system that provides for appropriate grant accounting (including calculation of program income). 56.2 Repayment of Funds – The Subrecipient agrees to repay funds provided under this Agreement for noncompliance with the terms of this Agreement. Repayment shall be in accordance with the terms of this Agreement or the requirement of applicable laws and regulations, including continuing use compliance. The City shall specify in writing the terms of the repayment or alternative terms in lieu of repayment. However, in no case shall repayment or compliance with the alternative terms be complete any later than sixty (60) calendar days following the written determination of noncompliance by the City. 56.3 Documentation and Record Keeping - The Subrecipient agrees to comply with this Agreement and the following record keeping requirements: 56.3.1 Records to be maintained - The Subrecipient shall maintain all financial records as required by 2 C.F.R. § 200, and OMB Circulars; 56.3.2 System for Award Management -The Subrecipient and all subcontractors or subrecipients shall have a valid Unique Entity Identifier (UEI) number and an active profile in the federal System for Award Management, or SAM.gov. Documentation of the UEI Number must be included in all project files. Subrecipients and subcontractors will not receive a subaward until that entity has provided its UEI number. 2 C.F.R. § 25.300; Appendix A to 2 C.F.R. § 25. 56.3.3 Records Retention - The Subrecipient shall retain all records pertinent to this Agreement for a period of six (6) years after all requirements have been met. In the event of litigation, a claim, or an audit is begun before the expiration of this retention period, said records shall be retained until all such action or audit findings involving the records have been resolved. 56.3.4 Disclosure - The Subrecipient understands that client information collected under this Agreement is private and the use or disclosure of such information, when not directly connected with the administration of the City's or the Subrecipient's responsibilities with respect to services provided under this Agreement, is prohibited unless written consent is obtained from such person receiving service. 56.3.5 Property Records - The Subrecipient shall maintain property and equipment inventory records that clearly identify properties and equipment purchased, improved, or sold. Properties and equipment retained shall continue to meet eligibility criteria and shall conform to the use of property and equipment. 57.0 UYGHUR FORCED LABOR PREVENTION ACT (UFLPA) 57.1 The Subrecipient warrants and certifies that it does not currently, and agrees for the duration of the agreement that it will not, use: 57.1.1 The forced labor of ethnic Uyghurs in the People’s Republic of China. Maricopa County Page 17 of 21 57.1.2 Any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China. 57.1.3 Any contractors, subcontractors or suppliers that use the forced labor or any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China. 57.2 If the Subrecipient becomes aware during the term of the Agreement that the Subrecipient is not in compliance with this paragraph, the Subrecipient shall notify the County within five business days after becoming aware of the noncompliance. Failure of the Subrecipient to provide a written certification that the Subrecipient has remedied the noncompliance within one hundred eighty (180) days after notifying the public entity of its noncompliance, this Agreement shall terminate unless the Term of this Agreement shall end prior to said one hundred eighty (180) day period. 58.0 FORCE MAJEURE 58.1 The Subrecipient shall be liable for failure of performance, nor incur any liability to the other Party on account of any loss or damage resulting from any delay or failure to perform all or any part of this Agreement if such delay or failure is caused by events, occurrences, or causes beyond the reasonable control and without negligence of the Parties. Such events, occurrences, or causes will include Acts of God/Nature (including fire, flood, earthquake, storm, hurricane, or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, riots, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, lockout, blockage, embargo, labor dispute, strike, pandemic, and interruption or failure of electricity or telecommunication service. 58.2 The Subrecipient, as applicable, shall give the other Party notice of its inability to perform and particulars in reasonable detail of the cause of the inability. Each party must use best efforts to remedy the situation and remove, as soon as practicable, the cause of its inability to perform or comply. 58.3 The Party asserting Force Majeure as a cause for non-performance shall have the burden of proving that reasonable steps were taken to minimize delay or damages caused by foreseeable events, all non-excused obligations were substantially fulfilled, and the other Party was timely notified of the likelihood or actual occurrence that would justify such an assertion, so that other prudent precautions could be contemplated. 59.0 PROVISIONS REQUIRED BY LAW Each and every provision of law and any clause required by law to be in this Agreement will be read and enforced as though it were included herein and, if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party, this Agreement will promptly be physically amended to make such insertion or correction. Maricopa County Page 18 of 21 IN WITNESS, the Parties have approved and signed this Agreement: APPROVED BY: MARICOPA COUNTY __________________________________ Jack Sellers, Chairman Date Maricopa County Board of Supervisors APPROVED BY: CITY OF EL MIRAGE ____________________________________ Alexis Hermosillo Date Mayor Attested to: Juanita Garza, Clerk of the Board Date Attested to: Sharon Antes, City Clerk Date IN ACCORDANCE WITH A.R.S. §§ 11-201, 11-251, AND 11-952, THIS AGREEMENT HAS BEEN REVIEWED BY THE UNDERSIGNED ATTORNEY WHO HAS DETERMINED THIS AGREEMENT IS PROPER IN FORM AND WITHIN THE POWERS AND AUTHORITY GRANTED TO MARICOPA COUNTY UNDER THE LAWS OF THE STATE OF ARIZONA.. APPROVED AS TO FORM: Deputy County Attorney Date IN ACCORDANCE WITH A.R.S. §§ 9-240 and 11- 952, THIS AGREEMENT HAS BEEN REVIEWED BY THE UNDERSIGNED ATTORNEY WHO HAS DETERMINED THIS AGREEMENT IS PROPER IN FORM AND WITHIN THE POWERS AND AUTHORITY GRANTED TO THE CITY OF TEMPE UNDER THE LAWS OF THE STATE OF ARIZONA. APPROVED AS TO FORM: Justin Pierce, City Attorney Date Maricopa County Page 19 of 21 EXHIBIT A - STATEMENT OF WORK 1.0 Project Description: 1.1 The Project described herein as Community Land Trust “CLT”, shall acquire, rehabilitate, and resell scattered-site affordable, single-family homes in the City of El Mirage. All homes will be ARPA assisted and sold to homebuyers earning at or below 120% of Area Median Income “AMI” adjusted by household size. 1.2 Maricopa County will procure a developer to undertake the Project. The developer will be responsible for providing access to safe, affordable housing through a Community Land Trust (CLT) program. The program increases the supply of affordable housing and increases homeownership opportunities for low- to-moderate income individuals and families to build family wealth. 1.3 CLT homes are “permanently” affordable. The public investment (subsidies) used to make the homes affordable stays with the land. The ground lease contains a shared appreciation provision and resale formula that is designed to balance the competing interests of maximizing the CLT owner’s return on investment and protecting the community’s investment in affordable housing. CLT owners can receive a fair return on their investment and the homes remain affordable for future buyers. 1.4 The developer shall identify properties on the market to be purchased within the given restrictions. Once acquired, the developer shall evaluate all major systems of the houses to make sure they are in working order. If all major systems are in working order, then finishes are addressed. The homes are made home energy efficient when feasible with added insulation in the attic and updated windows. 1.5 Total project costs for the homes will be approximately $2,264,000. Properties are acquired and rehabilitated using the developer’s line of credit. ARPA funds of $1,000,000 will be used for acquisition and rehabilitation. 1.6 Once a house is rehabbed, the developer will sell it to a low-to-moderate income individual or family for below market value. To keep the price low, buyers pay only for the house itself and the CLT retains ownership of the land on which the home is located on. The developer then leases the land to the homeowners through a low-cost, long-term renewable lease. This arrangement allows families to build equity and enjoy all the benefits of homeownership while the CLT retains the initial investment and keeps the resale price low for future buyers. 1.7 If CLT homeowners decide to sell their houses, the developer shall purchase the home at the original purchase price plus 25% of the increased value of the house, which allows the first homebuyer to make a profit, while still ensuring that the house remains affordable. The developer shall then resell the home to another income-qualified buyer, keeping the house and land in the CLT for an infinite period of time for future first-time homebuyers. 1.8 The developer holds the lands in trust and monitors the condition of the properties as well as the resale restrictions that ensure the homes remain affordable for future buyers. The developer’s stewardship includes on-going support for the CLT homeowners to ensure their long-term success. Maricopa County Page 20 of 21 1.9 The developer will be a HUD-approved housing counseling agency and has adopted the National Standards for Homeownership Education and Counseling. Certified counselors help clients resolve credit issues, find sources of down payment assistance, and provide assistance throughout the home buying purchase process. Eligible CLT buyers are required to meet with a housing counselor, attend a CLT orientation, and complete a homebuyer education class before they are able to finalize the purchase. 2.0 Subrecipient Contributions 2.1 Maricopa County will be securing a developer and coordinating the project, including facilitating reimbursement, compliance, and monitoring. 3.0 Project Eligibility: 3.1 Property Standards - Housing that is constructed or rehabilitated with ARPA funds must meet all applicable local codes, rehabilitation and construction standards, ordinances, and zoning ordinances, including Section 504 of the Rehabilitation Act of 1973 and Fair Housing Act, as amended, at the time of project completion. All work shall meet decent, safe, and sanitary housing standards consistent with HOME regulations including HUD Housing Quality Standards and City of El Mirage Housing Rehabilitation Standards. 3.2 Occupancy Requirements - The Project staff shall determine and verify income eligibility of tenants for the ARPA-assisted units prior to occupancy of a unit. The occupancy of the ARPA-assisted units must be by households whose income is at or below 120% AMI. The Project shall define “Annual Income” as it is defined at 24 C.F.R. Part 92 3.3 Affordability Period - The Subrecipient shall ensure all housing assisted under this Agreement meets the affordability requirements set forth in 24 CFR § 92.254 (a)(4). As the homes are included in a CLT, they will be affordable in perpetuity. 3.4 Program Income - All proceeds from the sale of the homes will be retained by the CLT developer and reinvested into future CLT homes 4.0 Deliverables: ARPA Assisted (approximate) Number of households (units) 5 Number of people served annually (approximate) 20 Average Household (4) *This information will be determined at site-selection and addressed in a future change order. Maricopa County Page 21 of 21 5.0 Budget: Fund Sources Sources Total City of El Mirage – ARPA $1,000,000 Fund Uses Uses ARPA Funds Building Acquisition and Rehabilitation $1,000,000 6.0 Proposed Project Schedule: Project Milestone Estimated Completion Date Comments Execute Contract April 2024 Acquisition of Final Property 12/01/2024 Sale of Final Property 06/01/2025