TEMPE ARPA AFFORDABLE HOUSING IGA.PDF

City of Tempe  
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INTERGOVERNMENTAL AGREEMENT 
BETWEEN 
MARICOPA COUNTY 
ADMINISTERED BY ITS 
HUMAN SERVICES DEPARTMENT 
AND  
CITY OF TEMPE 
 
 
Agreement Number:   
 
 
Agreement Amount: $10,800,000 
 
Agreement Start Date: December 6, 2023 
Agreement Termination Date: December 31, 2025 
ALN: 21.027 American Rescue Plan Act 
Unique Entity ID: F9Z4MMJKR1X1 
 
1.0 
PARTIES 
This financial Intergovernmental Agreement (“Agreement”) is between the City of Tempe 
(“City” or “Subrecipient”) and Maricopa County (“County”) administered by its Human 
Services Department, (“Department”), The County 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 Tempe. The execution of this project shall assist low-income families in Maricopa 
County by increasing the availability of affordable rental housing. The County shall provide 
American Rescue Plan Act (“ARPA”) funds to the City to construct and develop, directly or 
through an eligible subrecipient or developer, affordable rental housing units that cater to 
low-income families. 
 
3.0 
TERM OF AGREEMENT 
3.1 
The term of this Agreement is from December 6, 2023, 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.

City of Tempe  
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5.0 
ADMINISTRATIVE CHANGE ORDERS 
5.1 
The Chairman of the Board of Supervisors is authorized upon the recommendation 
of the Human Services Department Director and Legal Counsel to make changes 
within the general scope of the Agreement on behalf of the County through 
Administrative Change Orders. Administrative Change Orders will be effective upon 
approval and execution by both the Chairman of the Board of Supervisors and the 
City. Administrative Change Orders may address any of the following areas: 
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, or County 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 County shall provide the Subrecipient with $10,800,000 in ARPA Funds under 
Assistance Listing Number (ALN) 21.027 and provided to the County through the U.S. 
Department of Treasury. 
 
8.0 
AVAILABILITY OF FUNDS 
8.1 
This Agreement and the Parties’ obligations under it shall become effective when 
funds assigned for the purpose of compensating the Subrecipient 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 
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 County to amend, suspend, or terminate its fiscal 
obligation under or provided in connection with this Agreement, then the County may 
amend, suspend, or terminate 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 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 County 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.

City of Tempe  
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9.1.2 
Ensure compliance with federal, state, and County requirements as they 
relate to the federal ARPA and general federal grant requirements. 
9.1.3 
Ensure compliance with all 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 County 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; 
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 County 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 County for all costs associated with this project. 
10.2 
Subrecipient must submit a Request for Reimbursement to the County 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 County 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 to hsdfinance@maricopa.gov. 
11.2 
The Subrecipient shall comply with all requirements under 2 C.F.R. 200.415, 
incorporated herein by reference.

City of Tempe  
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11.3 
Payment by the County 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 County shall reimburse the Subrecipient on a net zero (0) payments standard. 
 
12.0 
DISALLOWED COSTS 
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 County. 
 
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 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 County 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 may terminate this Agreement for convenience upon 30 day’s 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.

City of Tempe  
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14.0 
NOTICES 
Notifications and communications concerning this Agreement shall be directed to the 
following: 
 
City of Tempe 
Community Health & Human Services 
Department 
Irma Hollamby Cain 
CHHS Deputy Director 
480-858-2264 
Irma_hollambycain@tempe.gov 
3500 S. Rural Road, Suite 202 
Tempe. AZ 85282 
 
Maricopa County  
Human Services Department 
Jamie Macfarlane 
Housing and Community Development 
Manager 
(602) 506-5813 
jamie.macfarlane@maricopa.gov 
234 N. Central Avenue 3rd Floor 
Phoenix, AZ 85004 
 
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 County agent, employee, or 
representative and those individuals are not entitled County civil service rights, 
County retirement rights, or any other rights provided under the County 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 County with respect to the foregoing. 
15.4 
The County agrees that no individual performing under this Agreement on behalf of 
County 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 County 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 County 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.

City of Tempe  
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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 County, or the project.  
16.5 
Subrecipient must make full written disclosure of any proposed payments to the 
County 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 County. The Subrecipient 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. 
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 County 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 County Representative shall respond in writing to the Subrecipient 
within fourteen (14) business days. The decision of the County 
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 Human Services 
Department Director. 
18.1.3 
The Human Services Department Director shall provide the Subrecipient 
with a written response within fourteen (14) business days following 
receipt of the notice of appeal. The decision of the Human Services 
Department Director shall be final and not appealable. 
18.1.4 
Pending the decision of the Human Services Director, the Subrecipient 
shall diligently proceed with its performance of this Agreement in 
accordance with the County 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.

City of Tempe  
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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 
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 County 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 County 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 County shall consider sanctions as described in 2 
C.F.R. § 200.505 if it is determined by ARPA or the County 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 County for any payments 
made under this Agreement that are disallowed by a federal, state, or County 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 County determines that a cost for which payment has been made is a 
disallowed cost, then the County will notify the Subrecipient in writing of the 
disallowance and identify the required course of action, which shall be at the option 
of the County, 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 County. 
 
23.0 
PROPERTY 
23.1 
Any County 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 County, and title to all such property shall revert to the 
County 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 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 Subrecipient or any

City of Tempe  
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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 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 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. 
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 County 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 County 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 County 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 County with a Certificate of 
Self-Insurance equal to: 
 
General Aggregate 
 
$3,000,000  
Each Occurrence Limit 
$1,000,000 
26.2 
Mail COI to: 
Maricopa County 
c/o Risk Management

City of Tempe  
Page 9 of 22 
301 W Jefferson St., Suite 910 
Phoenix, AZ 85003 
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 Maricopa County. Such notice shall be sent directly to 
Maricopa County Human Services Department and shall be mailed, or 
hand delivered to 234 N. Central Avenue, Phoenix, AZ 85004, or emailed 
to the Human Services representative noted in the Contract. 
 
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 County 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 County may make available to the Subrecipient the opportunity to participate in any 
applicable training activities conducted by the County. 
 
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

City of Tempe  
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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 
None of the funds, materials, property, or services contributed by the County 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 
County 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 County 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 Maricopa County. On-site visits 
for compliance monitoring may be made by the County and/or its grantor agencies 
at any time during the Subrecipient's normal business hours, announced and/or 
unannounced. For auditing purposes, the County 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

City of Tempe  
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performed or services provided under this Agreement available to the County for 
inspection and copying. 
38.2 
The County 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 
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 Director in writing of the award 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. The Subrecipient’s failure to notify the County of 
any such agreement shall be a breach of this Agreement and the County may 
immediately terminate this Agreement without liability. 
39.2 
The Human Services Director 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 Director, 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 Human Services Director 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 Director 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 COUNTY SUPPORT 
The Subrecipient shall give recognition to the County 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.

City of Tempe  
Page 12 of 22 
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 
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 County 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.

City of Tempe  
Page 13 of 22 
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 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. 
 
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 County 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 County 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 County 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 County may request verification of compliance for any employee 
or subcontractor performing work under the Agreement. Should the 
County suspect or find that the Subrecipient or any of its subcontractors 
are not in compliance, then the County may pursue any and all 
remedies allowed by law, including, but not limited to suspension of 
work, termination of 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 County may immediately 
terminate this Agreement without liability; and

City of Tempe  
Page 14 of 22 
49.2.3 
The County 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 
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

City of Tempe  
Page 15 of 22 
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 County 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 
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

City of Tempe  
Page 16 of 22 
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. 
 
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 County 
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 County. 
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 County'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.

City of Tempe  
Page 17 of 22 
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. 
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

City of Tempe  
Page 18 of 22 
application of either party, this Agreement will promptly be physically amended to make 
such insertion or correction. 
 
IN WITNESS, the Parties have approved and signed this Agreement: 
 
APPROVED BY: 
CITY OF TEMPE 
 
 
__________________________________ 
Mayor                                                    Date 
APPROVED BY:  
MARICOPA COUNTY 
 
 
____________________________________ 
Clint Hickman, Chairman                         Date 
Maricopa County Board of Supervisors 
Attested to: 
 
 
 
 
 
 
 
 
 
City Clerk                                               Date 
 
Attested to: 
 
 
 
 
 
 
 
 
 
Juanita Garza, Clerk of the Board         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: 
 
 
 
 
 
 
 
 
 
City Attorney                                         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

City of Tempe  
Page 19 of 22 
EXHIBIT A - STATEMENT OF WORK 
 
1.0 
Project Description: 
The City of Tempe is committed to creating a “Hometown For All” for current and future 
Tempeans and addressing the growing need for affordable housing in Tempe and in our 
region. The City of Tempe seeks to embark on a North Tempe revitalization to include an 
affordable housing development in a much needed and accessible location. The City’s 
goal is to acquire land within the North Tempe area and subsequently develop multi-family, 
affordable rental housing units that cater to low-income families (Project). 
 
1.1 
The City will develop a high-density, mixed-income and urban mixed-use project 
and is seeking to partner with a developer to turn the property into modern mixed-
use and mixed income urban development. The City will require a minimum of 50% 
affordable (30-80% AMI) housing to be included in the proposed project as a way 
to help the City meet its affordable housing strategy and the goals of its’ Hometown 
For All initiative. The specific number and mix of units designated as affordable 
and period of affordability will be specified in a Development Agreement. 
 
1.2 
The proposed development will capture the City’s commitment to creating a project 
that is more than just a series of apartment buildings, but rather will become an 
important asset to the City of Tempe. It is the City’s desire that it is beautiful and 
timeless, to promote a healthy, supportive, and community focused lifestyle for 
future residents and the surrounding areas. The City has identified the following 
design priorities for the project: 
1.2.1 
provide opportunities for social interaction between neighbors in an 
intentional intergenerational community. 
1.2.2 
activate the ground floor streetscape with a focus on community safety 
and food access including a City Police sub-station and an urban scale 
grocery concept. 
1.2.3 
maximize the number of affordable units across the site; and  
1.2.4 
achieve the lowest possible energy usage for a multi-family 
development. 
 
1.3 
The City’s Community Health & Human Services Department will offer in 
collaboration with local non-profits a variety of services and support for the 
residents such as financial literacy, job placement, nutrition, and digital literacy 
programs. 
 
1.4 
ARPA funds in the amount of $10,800,000 will be used to offset eligible acquisition 
costs. This development will include households who earn between 30% and 80% 
of the Area Median Income (AMI) and will serve a wide range of households. The 
full development of this Project will make a significant impact on adding quality 
affordable and workforce housing to the community and help spark future 
development of additional housing. The number and type of ARPA-assisted units 
will be proportionate to the County’s percentage of the total project funding, or 
approximately 50 units. The ARPA-assisted units will be rented to households 
earning at or below 80% AMI. In addition to the ARPA funds, future phases will be 
financed with Low Income Housing Tax Credits, State Housing Trust funds, as well 
as approximately $6 million of City investment. The total projected budget available 
for the land acquisition is approximately $16,800,000.

City of Tempe  
Page 20 of 22 
1.5 
Affordable housing development plans to utilize Low Income Housing Tax Credit 
(“LIHTC”) funding. The Period of Affordability for tax credits will be governed by a 
30-year Land Use Restrictive Agreement (“LURA”) and enforced by Arizona 
Department of Housing (“ADOH”). This time period includes the initial 15-year 
compliance period dictated by the IRS plus an additional 15-year extended period 
that the project owner has committed to. The income restrictions on the ARPA-
assisted units must be maintained during the entire Period of Affordability, which 
is 30 years. Additionally, the City anticipates that a restrictive covenant will 
memorialize the affordability component on identified units in the development for 
the duration of a ground lease or some agreed-upon time frame that may go above 
and beyond any LURA requirements. 
 
2.0 
Subrecipient Contributions 
2.1 
The City of Tempe will provide approximately $6 million towards the land 
acquisition. In addition, the City will take into consideration the level of off-site and 
on-site infrastructure. If demolition or relocation is needed, the City will work with 
its selected developer to complete. Staff has committed time to support this 
affordable housing development. The City’s Economic Development and 
Community Health & Human Services Departments will partner to bring this project 
online. Additionally, during the permitting process a staff member [Revitalization 
Manager] will be assigned to ensure an expedited and streamlined development 
process. 
2.2 
If the property requires rezoning it will go through the City’s up-zoning process. 
The City is extremely supportive of this project and will also be further evaluating 
waiving building permits and plan review fees.  
 
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 Maricopa 
County Housing Rehabilitation Standards. These standards are available on the 
Maricopa County website under Housing & Community Development or upon 
request. 
 
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 80% AMI throughout the Period of Affordability. The Project shall define 
“Annual Income” as it is defined at 24 C.F.R. Part 92 and shall document sources 
of income and examine eligibility on an annual basis to meet requirements of 
HOME regulations at 24 C.F.R. Part 92.203. 
 
3.3 
Rental Requirements - The ARPA-assisted units shall be designated as High 
HOME units, which are outlined in the HOME Income and Rent Limits, and which 
are the maximum rents allowed for an ARPA-assisted unit. However, households 
earning below 65% AMI will not pay more than Low HOME Rents for an ARPA-
Assisted unit. The maximum rent amount includes the utility allowance. Any 
increase in the lesser of these rent limits must be approved by HUD and the State

City of Tempe  
Page 21 of 22 
of Arizona Department of Housing. The Developer shall provide the City and 
Maricopa County with a written request for the increase in rent limits and 
supporting documentation for the justification of this request. 
 
3.4 
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). The Period of Affordability for the tax credits will be governed by a 30-year 
LURA and enforced by ADOH.  This time period includes the initial 15-year 
compliance period dictated by IRS plus an additional 15-year extended year period 
that the project owner has committed to. The income restrictions on the ARPA-
assisted units must be maintained during the entire Period of Affordability, which 
is 30 years. Additionally, the City anticipates that a restrictive covenant will 
memorialize the affordability component on identified units in the development for 
the duration of a ground lease or some agreed-upon time frame that may go above 
and beyond any LURA requirements. 
 
3.5 
Program Income - Program income will be defined as any principal and interest 
payments made on the $10,800,000 loan to the developer. Any program income 
generated through completion of this activity will be recoverable by Maricopa 
County to reallocate to one or more future affordable housing projects. Program 
income payments shall be made to Maricopa County by the subrecipient annually 
on June 1, commencing upon completion of the project. The subrecipient will be 
required to submit an annual certification to document program income activity.  
 
3.6 
Housing and Resource Communications - The City shall require any subrecipient 
to notify designated contacts for both the City and the County at least ten (10) 
business days in advance of accepting new applications for housing to allow each 
agency to communicate the opportunity to their respective clients, partners, and 
residents. 
 
3.7 
Marketing - The City shall require any subrecipient to allow the placement of 
collateral material in leasing offices for the purpose of County marketing programs 
or services which residents may benefit from. 
 
4.0 
Deliverables: 
 
ARPA Assisted 
(approximate) 
Number of households (units)
50 
Number of people served 
annually (approximate) 
150 
 
*This information will be determined at site-selection and addressed in a future change order. 
 
5.0 
Budget: 
Fund Sources 
Sources 
Total 
Maricopa County – ARPA 
$10,800,000

City of Tempe  
Page 22 of 22 
Fund Uses 
Uses 
ARPA Funds 
Land Acquisition Costs 
 $10,800,000 
 
 
6.0 
Proposed Project Schedule:  
Project Milestone 
Estimated 
Completion 
Date 
Comments 
City to Provide Updated Timeline 
to County 
1/31/2024 
 
City to Provide Updated Scope of 
Work to County 
4/30/2024 
 
Site Acquisition 
9/30/2025 
Construction Loan (Closing Date) 
TBD 
  
Partnership Closing (Closing Date)
TBD
Authority to Use Grant Funds 
TBD
Zoning Entitlements 
9/30/2024 
 
Construction Mobilization 
9/30/2025 
 
25% Completion 
TBD 
 
50% Completion 
TBD 
 
75% Completion 
TBD 
 
Certificate of Occupancy 
TBD 
 
ARPA-Assisted Units Occupied 
TBD 
 
100% Occupancy 
12/30/2027 
 
Final ARPA Expenditure 
9/30/2025