CITY OF PHOENIX IGA.PDF

Maricopa County — Formal (2023-11-15)

View PDF Item 48 Meeting page

Extracted text (via pymupdf) 87554 characters
City of Phoenix  
Page 1 of 30 
 
 
 
INTERGOVERNMENTAL AGREEMENT 
BETWEEN 
MARICOPA COUNTY 
ADMINISTERED BY ITS 
HUMAN SERVICES DEPARTMENT 
AND  
CITY OF PHOENIX 
 
Agreement Number:   
 
 
 
 
Agreement Amount:  $10,000,000 
Agreement Start Date: October 18, 2023 
Agreement Termination Date: June 30, 2026 
ALN: 21.027 American Rescue Plan Act 
Unique Entity ID: VCKMLCEAYFY9 
 
1.0 
PARTIES 
This financial Intergovernmental Agreement (“Agreement”) is between City of Phoenix 
(“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 a “Party.” 
 
2.0 
PURPOSE 
Through this Agreement, affordable rental housing in the Phoenix area will be expanded. 
The County shall provide Subrecipient with American Rescue Plan Act (“ARPA”) to renovate 
and create 234 units of affordable rental housing in Maricopa County. 
 
3.0 
TERM OF AGREEMENT 
3.1 
The term of this Agreement is from October 18, 2023, through June 30, 2026. 
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 Phoenix  
Page 2 of 30 
5.0 
ADMINISTRATIVE CHANGE ORDERS 
5.1 
The Chairman of the Board of Supervisors is authorized upon the recommendation 
of the County’s 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 
FUNDING 
The County shall provide the Subrecipient with $10,000,000 in ARPA Funds under 
Assistance Listing Number (“ALN”) 21.027 and provided to the County through the U.S. 
Department of Treasury. 
 
7.0 
AVAILABILITY OF FUNDS 
7.1 
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. 
7.2 
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.  
 
8.0 
RESPONSIBILITIES OF ORGANIZATIONS 
8.1 
The Subrecipient shall: 
8.1.1 
Complete the project descriptions in Exhibits A and Exhibit B, Statements 
of Work. 
8.1.2 
Ensure compliance with federal, state, and County requirements as they 
relate to the federal ARPA requirements. 
8.1.3 
Ensure compliance with all laws, rules, and regulations. 
8.1.4 
Maintain a sufficient number of qualified and trained staff to provide 
services under this Agreement.

City of Phoenix  
Page 3 of 30 
8.1.5 
Complete Quarterly Reports that contain the following information 
8.1.5.1 
Status and updates on project timelines; 
8.1.5.2 
Current quarter expenditures; 
8.1.5.3 
Expenditure forecasting; 
8.1.5.4 
Anticipated delays or issues; 
8.1.5.5 
Any recent significant disruptions or issues; 
8.1.5.6 
Other information the Department should be aware of; 
8.1.5.7 
Quarterly Reports will be due no later than 30 days after the 
end of the reporting quarter. 
8.2 
The County shall: 
8.2.1 
Review invoiced costs related to costs associated with this project on a 
monthly basis. 
8.2.2 
Report to the U.S. Department of Treasury on the Subrecipient’s use of 
funds. 
 
9.0 
COMPENSATION 
9.1 
This Agreement is on a cost reimbursement basis. Subrecipient shall submit 
quarterly invoices to the County for all costs associated with the projects. 
9.2 
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. 
9.3 
Final Reimbursement Upon Agreement Termination. 
9.3.1 
Prior to termination of this Agreement, at the date identified on page 1 of 
this Agreement, or as may be amended, the Subrecipient shall submit the 
final reimbursement request. 
9.3.2 This request shall be submitted no later than 30 calendar days after the 
termination date except as noted immediately below. 
9.3.2.1 
If the termination date is between June 10 and June 30, of any 
fiscal year, then the final Reimbursement Request shall be 
submitted to the County by July 10th. 
9.3.3 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. 
9.3.4 Late receipt of the Final Reimbursement Request (e.g., not received within 
45 days following the termination date) may result in forfeiture of payment. 
 
10.0 
METHOD OF PAYMENT 
10.1 
The 
Subrecipient 
shall 
submit 
invoices 
for 
project 
activities 
to 
hsdfinance@maricopa.gov 
10.2 
Funds not expended in implementing the Statement of Work or upon completion of 
the Statement of Work shall be returned to the ARPA unprogrammed funds account.  
10.3 
The County shall reimburse the Subrecipient on a net zero (0) payments standard.  
10.4 
Payment by the County is not to be construed as final in the event the Department 
of Treasury disallows payment for the activity or any portion thereof. 
 
11.0 
DISALLOWED COSTS 
11.1 
The cost principles set forth in the Code of Federal Regulations, 2 C.F.R. Part 200 
Subpart E (2 C.F.R.) including later amendments and editions on file with the Arizona 
Secretary of State and incorporated herein by reference, shall be used to determine 
the allowability of incurred reimbursable costs under this Agreement.

City of Phoenix  
Page 4 of 30 
11.2 
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. 
11.3 
Costs defined as unallowable in 2 C.F.R. shall not be submitted by the Subrecipient 
and will not be reimbursed by the County. 
 
12.0 
TERMINATION 
12.1 
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. 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. 
12.2 
Either Party may terminate this Agreement at any time by giving the other Party at 
least sixty (60) calendar days prior notice in writing (unless terminated by 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. 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. 
12.3 
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. 
 
13.0 
NOTICES 
Notifications and communications concerning this Agreement shall be directed to the 
following: 
 
Subrecipient: 
City of Phoenix 
Rachel Milne 
Director, Office of Homeless Solutions 
200 W. Washington, 17th Floor 
Phoenix, AZ 85006  
602-534-0576 
Rachel.Milne@Phoenix.gov 
 
And to: Angela Duncan 
Deputy Director, Housing Department 
251 W. Washington, 4th Floor  
Phoenix, AZ 85006 
Maricopa County  
Human Services Department 
Jamie Macfarlane  
Housing and Community Development 
Manager 
234 N. Central Avenue 3rd Floor 
Phoenix, AZ 85004  
(602) 506-5813 
jamie.macfarlane@maricopa.gov

City of Phoenix  
Page 5 of 30 
602-262-1881 
Angela.Duncan@phoenix.gov 
 
14.0 
EMPLOYMENT DISCLAIMER 
14.1 
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. 
14.2 
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. 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. 
14.3 
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. 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. 
 
15.0 
GENERAL REQUIREMENTS 
15.1 
The terms of this Agreement shall be construed 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 superior court of Maricopa County, Arizona. 
15.2 
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. 
15.3 
The Subrecipient shall comply with the regulations prohibiting a conflict of interest. 
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 or with which the Subrecipient (or any of its 
directors, officers, owners, trust certificate holders, or a relative thereof) has a 
substantial interest, unless the Subrecipient has made full written disclosure of the 
proposed payments to the County and has received written approval for the 
payments. 
15.4 
For purposes of this provision, the terms "substantial interest" and "relative" shall 
have the meanings prescribed by A.R.S. § 38-502.

City of Phoenix  
Page 6 of 30 
16.0 
ASSIGNMENT AND SUBCONTRACTING 
16.1 
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. 
16.2 
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. 
16.3 
Subrecipient shall ensure compliance by any subcontractor with all ARPA 
requirements, including reporting requirements. 
 
17.0 
DISPUTES 
17.1 
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 that time period, shall be submitted in accordance 
with the following formal dispute resolution process. 
17.1.1 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. 
17.1.2 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. 
17.1.3 The 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 Director shall be final and not appealable. 
17.1.4 Pending a final decision of the Director, the Subrecipient shall diligently 
proceed with its performance of this Agreement in accordance with the 
County Representative’s decision. 
17.1.5 In the event Subrecipient disagrees with the Director’s decision, Subrecipient 
shall have every existing and future right or remedy available by law or in 
equity to resolve the dispute. 
 
18.0 
SEVERABILITY 
Any provision of this Agreement that is determined to be invalid, void, or illegal by a court 
that determination 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. 
 
19.0 
STRICT COMPLIANCE 
One Party’s acceptance of the other Party’s performance that is not in strict compliance with 
the terms of this Agreement shall not be deemed to waive the requirements of strict 
compliance for all future performance. All changes in performance obligations under this 
Agreement shall be in writing and signed by both Parties.

City of Phoenix  
Page 7 of 30 
20.0 
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 the U.S. Department of the Treasury or the County 
that the Subrecipient is not in compliance with the audit requirements. 
 
21.0 
AUDIT DISALLOWANCES 
21.1 
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. 
21.2 
If the County determines that a cost for which payment has been made is a 
disallowed cost, then the County will notify the 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. 
 
22.0 
LIMITATION ON LIABILITY 
22.1 
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 
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. 
22.2 
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.

City of Phoenix  
Page 8 of 30 
23.0 
GENERAL INDEMNIFICATION 
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 that 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. The obligations under 
this Section 23 shall survive termination of this Agreement. 
 
24.0 
INSURANCE 
24.1 
The Subrecipient is a public entity and shall provide the County a Certificate of Self-
Insurance equal to: 
 
General Aggregate 
 
$3,000,000  
Each Occurrence Limit 
$1,000,000 
24.2 
Subrecipient, at Subrecipient’s own expense, shall purchase and maintain, at a 
minimum, the herein stipulated insurance from a company or companies duly 
licensed by the State of Arizona and possessing an AM Best, Inc. category rating of 
B++. In lieu of State of Arizona licensing, the stipulated insurance may be purchased 
from a company or companies, which are authorized to do business in the State of 
Arizona, provided that said insurance companies meet the approval of County. The 
form of any insurance policies and forms must be acceptable to County. 
24.3 
All insurance required herein shall be maintained in full force and effect until all work 
or service required to be performed under the terms of the Contract is satisfactorily 
completed and formally accepted. Failure to do so may, at the sole discretion of 
County, constitute a material breach of this Agreement. 
24.4 
In the event that the insurance required is written on a claims-made basis, 
Subrecipient warrants that any retroactive date under the policy shall precede the 
effective date of this Agreement and either continuous coverage will be maintained, 
or an extended discovery period will be exercised for a period of two years beginning 
at the time work under this Agreement is completed. 
24.5 
Subrecipient’s insurance shall be primary insurance as respects County, and any 
insurance or self-insurance maintained by County shall not contribute to it. 
24.6 
Any failure to comply with the claim reporting provisions of the insurance policies or 
any breach of an insurance policy warranty shall not affect the County’s right to 
coverage afforded under the insurance policies. 
24.7 
The insurance policies may provide coverage that contains deductibles or self-
insured retentions. Such deductible and/or self-insured retentions shall not be 
applicable with respect to the coverage provided to County under such policies. 
Subrecipient shall be solely responsible for the deductible and/or self-insured 
retention and County, at its option, may require Subrecipient to secure payment of 
such deductibles or self-insured retentions by a surety bond or an irrevocable and 
unconditional letter of credit. 
24.8 
The insurance policies required by this Agreement, except Workers’ Compensation 
and Errors and Omissions, shall name County, its agents, representatives, officers, 
directors, officials, and employees as additional insureds or additional loss payees 
as applicable. 
24.9 
The policies required hereunder, except Errors and Omissions, shall contain a 
waiver of transfer of rights of recovery (subrogation) against County, its agents,

City of Phoenix  
Page 9 of 30 
representatives, officers, directors, officials, and employees for any claims arising 
out of Subrecipient’s work or service. 
24.10 If available, the insurance policies required by this Agreement may be combined with 
Commercial Umbrella Insurance policies to meet the minimum limit requirements. If 
a Commercial Umbrella insurance policy is utilized to meet insurance requirements, 
the Certificate of Insurance shall indicate which lines the Commercial Umbrella 
Insurance covers. 
24.11 Commercial General Liability 
24.11.1 
Commercial General Liability (CGL) insurance and, if necessary, 
Commercial Umbrella insurance with a limit of not less than $2,000,000 
for each occurrence, $4,000,000 Products/Completed Operations 
Aggregate, and $4,000,000 General Aggregate Limit. The policy shall 
include coverage for premises liability, bodily injury, broad form property 
damage, personal injury, products and completed operations and 
blanket contractual coverage, and shall not contain any provisions which 
would serve to limit third party action over claims. There shall be no 
endorsement or modifications of the CGL limiting the scope of coverage 
for liability arising from explosion, collapse, or underground property 
damage. 
24.12 Errors and Omissions/Professional Liability Insurance 
24.12.1 
Errors and Omissions (Professional Liability) insurance which will insure 
and provide coverage for errors or omissions, or professional liability of 
the architect engaged by the Subrecipient for the Project, with limits of 
no less than $2,000,000 for each claim. 
24.13 Builder’s Risk (Property) Insurance 
24.13.1 
Subrecipient shall purchase and maintain, on a replacement cost basis, 
Builders’ Risk insurance and, if necessary, Commercial Umbrella 
insurance in the amount of the initial Contract amount, as well as 
subsequent modifications thereto for the entire work at the site. Such 
Builders’ Risk insurance shall be maintained until final payment has been 
made or until no person or entity other than County has an insurable 
interest in the property required to be covered, whichever is earlier. This 
insurance shall include interests of County, Subrecipient, and all 
subcontractors and sub‐subcontractors in the work during the life of the 
Agreement and course of construction and shall continue until the work 
is completed and accepted by County. For new construction projects, 
Subrecipient agrees to assume full responsibility for loss or damage to 
the work being performed and to the structures under construction. For 
renovation construction projects, Subrecipient agrees to assume 
responsibility for loss or damage to the work being performed at least up 
to the full Agreement amount, unless otherwise required by the 
Agreement documents or amendments thereto. Builders’ Risk insurance 
shall be on a special form and shall also cover false work and temporary 
buildings and shall insure against risk of direct physical loss or damage 
from external causes including debris removal, and demolition 
occasioned by enforcement of any applicable legal requirements and 
shall cover reasonable compensation for architect’s service and 
expenses required as a result of such insured loss and other “soft costs” 
as required by the Agreement. Builders’ Risk insurance must provide 
coverage from the time any covered property comes under 
Subrecipient’s control and/or responsibility, and continue without

City of Phoenix  
Page 10 of 30 
interruption during construction, renovation, or installation, including any 
time during which the covered property is being transported to the 
construction installation site and while on the construction or installation 
site awaiting installation. The policy will provide coverage while the 
covered premises or any part thereof are occupied. Builders’ Risk 
insurance shall be primary, and any insurance or self‐insurance 
maintained by the County is not contributory. If the Agreement requires 
testing of equipment or other similar operations, at the option of County, 
Subrecipient will be responsible for providing property insurance for 
these exposures under a Boiler and Machinery insurance policy or the 
Builders’ Risk Insurance policy. 
24.14 Certificates of Insurance 
24.14.1 
Within ten (10) calendar days following the closing of construction 
financing for the Project, the Subrecipient shall furnish the County with 
valid and complete Certificates of Insurance, or formal endorsements as 
required by the Contract in the form provided by the County, issued by 
Subrecipient’s insurer(s), as evidence that policies providing the required 
coverage, conditions and limits required by this Agreement are in full 
force and effect. Such certificates shall identify this Agreement number 
and title. 
24.14.2 
In the event any insurance policy(ies) required by this Agreement is (are) 
written on a claims-made basis, coverage shall extend for two years past 
completion and acceptance of Subrecipient’s work or services and as 
evidenced by annual certificates of insurance. 
24.14.3 
If a policy does expire during the life of the Agreement, a renewal 
certificate must be sent to County 15 calendar days prior to the expiration 
date. 
24.15 Certificate holder shall be identified as: 
Maricopa County 
c/o Risk Management 
301 W Jefferson St., Suite 910 
Phoenix, AZ 85003 
24.16 Cancellation and Expiration Notice 
24.16.1 
Applicable to all insurance policies required within the insurance 
requirements of this Agreement, Subrecipient’s insurance shall not be 
permitted to expire, be suspended, be canceled, or be materially 
changed for any reason without 30 days prior written notice to Maricopa 
County. Subrecipient must provide to Maricopa County, within ten 
business days of receipt, if they receive notice of a policy that has been 
or will be suspended, canceled, materially changed for any reason, has 
expired, or will be expiring. 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 Agreement. 
 
25.0 
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

City of Phoenix  
Page 11 of 30 
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. 
 
26.0 
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. 
 
27.0 
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. 
 
28.0 
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. 
 
29.0 
LOBBYING 
29.1 
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. 
29.2 
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. 
 
30.0 
RELIGIOUS ACTIVITIES 
The Subrecipient warrants that none of its costs incurred will include any expense related 
to any religious activities. 
 
31.0 
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. 
 
32.0 
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,

City of Phoenix  
Page 12 of 30 
percentage, brokerage, or contingent fee. For breach or violation of this warranty, the 
County may immediately terminate this Agreement without liability. 
 
33.0 
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. 
 
34.0 
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. 
 
35.0 
AGREEMENT COMPLIANCE MONITORING/AUDITING 
35.1 
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 
performed or services provided under this Agreement available to the County for 
inspection and copying. 
35.2 
The County shall request information for fiscal monitoring/audit per OMB Uniform 
Guidance 2 C.F.R. § 200, to include as applicable: 
35.2.1 Financial Management 2 C.F.R. § 200.302 
35.2.2 Internal Controls 2 C.F.R. § 200.303 
35.2.3 Bonds 2 C.F.R. § 200.304 
35.2.4 Payment and Financial Reporting 2 C.F.R. § 200.305 
35.2.5 Cost Sharing or Matching 2 C.F.R. § 200.306 
35.2.6 Program Income 2 C.F.R. § 200.307 
35.2.7 Revision of Budget and Program Plans 2 C.F.R. § 200.308 
35.2.8 Period of Performance 2 C.F.R. § 200.309 
35.2.9 Insurance Coverage 2 C.F.R. § 200.310 
35.2.10 
Record Retention and Access 2 C.F.R. §§ 200.334 – 200.338 
35.2.11 
Procurement Standards 2 C.F.R. § 200.318 
35.2.12 
Indirect Costs 2 C.F.R. § 200.414 
35.2.13 
Compensation-Personal Services 2 C.F.R. § 200.430 
35.2.14 
Audit Requirements 2 C.F.R. §§ 200.501-200.517 
 
36.0 
CONTINGENCY RELATING TO OTHER AGREEMENTS AND GRANTS 
36.1 
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

City of Phoenix  
Page 13 of 30 
any such agreement shall be a breach of this Agreement and the County may 
immediately terminate this Agreement without liability. 
36.2 
The 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. 
36.3 
If the 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. 
 
37.0 
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. 
 
38.0 
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. 
 
39.0 
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. 
 
40.0 
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. 
 
41.0 
EQUAL EMPLOYMENT OPPORTUNITY 
41.1 
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. 
41.2 
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.

City of Phoenix  
Page 14 of 30 
41.3 
The Subrecipient shall and shall cause their respective subcontractors to comply 
with: 
41.3.1 
Title VI and VII of the Civil Rights Act of 1964, as amended (42 U.S.C. 
§§ 2000a, et seq.); 
41.3.2 
the Rehabilitation Act of 1973, as amended (29 U.S.C. §§ 701, et seq.); 
41.3.3 
the Age Discrimination in Employment Act of 1967, as amended (29 
U.S.C. §§ 621, et seq.); 
41.3.4 
the Americans With Disabilities Act of 1990 (42 U.S.C. §§ 12101, et 
seq.); and 
41.3.5 
Arizona Executive Order 2009-09, et seq. as amended, which mandates 
that all persons shall have equal access to employment opportunities. 
 
42.0 
UNIFORM ADMINISTRATIVE REQUIREMENTS 
The Subrecipient agrees to comply with all applicable provisions of Title 2, Subtitle A, 
Chapter 
II, 
Part 
200—UNIFORM 
ADMINISTRATIVE 
REQUIREMENTS, 
COST 
PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS contained in Title 
2 C.F.R. §§ 200, et seq. 
 
43.0 
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. 
 
44.0 
RETENTION OF RECORDS 
44.1 
This provision applies to all financial and programmatic records, supporting 
document, statistical records, and other records of the Subrecipient that are related 
to this Agreement. 
44.2 
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. 
 
45.0 
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. 
 
46.0 
IMMIGRATION LAWS AND REGULATIONS 
46.1 
Federal Immigration and Nationality Act 
46.1.1 
The Subrecipient understands and acknowledges 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.

City of Phoenix  
Page 15 of 30 
46.1.2 
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. 
46.1.3 
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. 
46.2 
Arizona Law: The Subrecipient warrants that it is in compliance with A.R.S. § 41-
4401 (e-verify requirements) and further acknowledges that: 
46.2.1 
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; 
46.2.2 
A breach of a warranty under this Subparagraph 46.2 shall be deemed 
a material breach of this Agreement and the County may immediately 
terminate this Agreement without liability; and 
46.2.3 
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 46.2.3 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. 
 
47.0 
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. 
 
48.0 
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND 
VOLUNTARY EXCLUSION 
48.1 
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: 
48.1.1 
Are not presently debarred, suspended, proposed for debarment, 
declared ineligible, or voluntarily excluded from covered transactions by 
any federal department or agency;

City of Phoenix  
Page 16 of 30 
48.1.2 
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; 
48.1.3 
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 48.1.2 above; and 
48.1.4 
Have not, within a 3-year period preceding the Start Date of this 
Agreement, had one or more public transactions (federal, state, or local) 
terminated for cause or default. 
48.2 
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. 
 
49.0 
SUBRECIPIENT EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO 
INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS: 
49.1 
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; 
49.2 
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 County upon request; and 
49.3 
The Subrecipient shall insert the substance of this clause, including this Paragraph 
49.0, in all subcontracts over the agreed upon simplified acquisition threshold 
($250,000 as of June 2021). 
 
50.0 
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. 
 
51.0 
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. 
 
52.0 
DEFAULT AND REMEDIES FOR NONCOMPLIANCE 
52.1 
Notwithstanding anything to the contrary, this Section shall not be deleted or 
superseded by any other provision of this Agreement.

City of Phoenix  
Page 17 of 30 
52.2 
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.  
52.3 
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: 
52.3.1 
Non-performance of any obligations required by this Agreement. 
52.3.2 
Noncompliance with any applicable federal, state, or local laws, rules, 
or regulations. 
52.3.3 
Unauthorized expenditure of funds. 
52.3.4 
Noncompliance with applicable financial record requirements, 
accounting principles, or standards established by OMB circulars and 
2 C.F.R. §§ 200 et seq. 
52.3.5 
Noncompliance with recordkeeping, record retention, or reporting 
requirements. 
52.4 
Notwithstanding the suspension or termination of this Agreement, or the final 
determination of the proper disposition of funds, the Subrecipient, without intent to 
limit or with restrictions, will be subject to the following: 
52.4.1 
Acknowledge that suspension or termination of this Agreement does 
not affect or terminate any rights against that Party that have accrued 
at the time of suspension or termination. Nothing herein shall be 
construed to limit or terminate any right or remedy available under 
Agreement. 
52.4.2 
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. 
52.5 
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. 
 
53.0 
ADMINISTRATIVE REQUIREMENTS 
53.1 
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). 
53.2 
Repayment of Funds – The Subrecipient agrees to repay funds provided under 
this Agreement for noncompliance with the terms of this Agreement. Repayment

City of Phoenix  
Page 18 of 30 
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. 
53.3 
Documentation and Record Keeping - The Subrecipient agrees to comply with this 
Agreement and the following record keeping requirements: 
53.3.1 
Records to be maintained - The Subrecipient shall maintain all financial 
records as required by 2 C.F.R. § 200, and OMB Circulars; 
53.3.2 
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.  
53.3.3 
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. 
53.3.4 
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. 
53.3.5 
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. 
 
54.0 
UYGHUR FORCED LABOR PREVENTION ACT (UFLPA) 
54.1 
The Subrecipient warrants and certifies that it does not currently, and agrees for 
the duration of the Agreement that it will not, use: 
54.1.1 
The forced labor of ethnic Uyghurs in the People’s Republic of China. 
54.1.2 
Any goods or services produced by the forced labor of ethnic Uyghurs 
in the People’s Republic of China. 
54.1.3 
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. 
54.2 
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.

City of Phoenix  
Page 19 of 30 
55.0 
FORCE MAJEURE 
55.1 
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. 
55.2 
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. 
55.3 
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. 
 
[Signatures contained on following page]

City of Phoenix  
Page 20 of 30 
IN WITNESS, the Parties have approved and signed this Agreement: 
 
APPROVED BY: 
City of Phoenix 
Jeffrey Barton, City Manager 
 
___________________________________ 
By: __________________                    Date 
Director of __________________  
APPROVED BY:  
MARICOPA COUNTY 
 
 
____________________________________ 
Clint Hickman                                          Date 
Chairman 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 PHOENIX 
UNDER THE LAWS OF THE STATE OF 
ARIZONA. 
 
APPROVED AS TO FORM: 
Julie M. Kriegh, City Attorney 
 
 
 
 
 
 
 
 
 
By: Assistant Chief Counsel                  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: 
 
 
 
 
 
 
 
 
 
 
Kim Miles, Deputy County Attorney       Date

City of Phoenix  
Page 21 of 30 
EXHIBIT A – HORIZON ON VILLA STATEMENT OF WORK 
 
1.0 
Project Description: 
1.1 
Horizon on Villa is a housing development project proposed through a partnership 
between the City of Phoenix Housing Department (“Housing”), and Gorman and 
Company, LLC (“Gorman”). It entails the new construction of a 109-unit mixed-
income, multifamily rental community within the Edison-Eastlake Community 
(“EEC”) Choice Neighborhoods (“CN”) target area, made possible by a CN 
Implementation Grant awarded by the U.S. Department of Housing and Urban 
Development (“HUD”). Horizon on Villa is the third phase of the CN housing 
redevelopment plan. The plan calls for 577 aged and obsolete public housing units 
to be demolished and redeveloped into 1,016 mixed-income rental and 
homeownership units across nine phases. In 2018, Housing received a $30 million 
HUD CN Implementation Grant award to revitalize the EEC, a neighborhood that 
included the state’s largest concentration of public housing and for decades 
suffered from disinvestment. The EEC is bounded by 16th Street on the west, the 
I-10 freeway on the north and east, and the Union Pacific Railroad to the south. 
CN and other funds will be used to transform the EEC into a vibrant mixed-income 
neighborhood to attract private investment and improve livability and quality of life 
for its residents. Within the EEC lies three severely aged and distressed public 
housing communities that included a total of 577 units: Frank Luke Homes built in 
1942; A.L. Krohn Homes built in 1963 and Sidney P. Osborn Homes, constructed 
in 1960. Due to age, obsolete infrastructure and poor design, these sites were no 
longer a quality housing option with many of the systems having reached the end 
of their useful life, in addition to units lacking the space and amenities that families 
need today. This led Housing to apply for a CN Implementation grant to redevelop 
these former public housing sites with the goal of increasing density and offering 
new, modern, and mixed-income rental and homeownership units to 
deconcentrate poverty while also improving the surrounding neighborhood by 
adding community amenities and services. 
 
1.2 
Horizon on Villa will be constructed adjacent to Edison Park (which will be 
undergoing a major renovation to expand its footprint beginning in 2024) and 
across the street from the Harmony at the Park apartment community, also built 
as part of the CN housing redevelopment plan. Horizon on Villa will use non-
competitive 4% Low-Income Housing Tax Credit (“LIHTC”) equity as well as public 
and private financing, with a proposed financial closing in September 2024. 
Construction is slated to start immediately thereafter and will take approximately 
18 months to complete. This development, containing a mix of one to five-bedroom 
units, will serve a variety of income levels from extremely low income to 
unrestricted income, allowing individuals and families to continue their path 
towards economic self-sufficiency and housing stability. 
 
1.3 
The Horizon on Villa development team includes a broad spectrum of high 
capacity, well-respected governmental and for-profit partners. Housing is the 
Phoenix Public Housing Authority (“PHA”) who is the lead for the CN 
Implementation grant and has more than 35 years of direct experience in 
development and oversight of affordable housing. Housing competitively procured 
the co-development services of Gorman, who is serving as the lead developer and 
guarantor during the initial 15-year LIHTC compliance period as well as the lead 
project architect and general contractor. Housing’s instrumentality, Phoenix

City of Phoenix  
Page 22 of 30 
Housing Development Corporation (“PHDC”), will serve as co-developer. This 
same team worked together to develop and construct the EEC’s Soluna and 
Harmony at the Park CN multifamily rental communities, resulting in over 500 new 
units of affordable and market rate housing to accommodate residents at various 
income levels. 
 
1.4 
Horizon on Villa will be owned by a newly formed sole purpose entity, Horizon on 
Villa, LLC, an Arizona limited liability company. Horizon on Villa MM, LLC will be 
the .01% Managing Member. Gorman, through GEC Horizon on Villa, LLC (49% 
Member/Manager), and the City of Phoenix, through HOV Housing, LLC (51% 
Member), will be members of the Managing Member entity. Gorman will provide 
financial guarantees for the project. An Investor Member of Horizon on Villa, LLC 
will be added at financial closing. Gorman General Contractors, LLC, a subsidiary 
of Gorman, will serve as the general contractor for Horizon on Villa, and will comply 
with all Federal, State, and City requirements, as well as other employment and 
subcontracting requirements imposed by the public housing program including, but 
not limited to, Davis Bacon and Section 3. 
 
1.5 
Site and Neighborhood Information 
In addition to the residential units, Horizon on Villa will include a leasing office, a 
multi-purpose room that can be used for training programs and resident functions, 
a fitness room, mail room, offices, maintenance shop, storage space and 
restrooms. Open space will be situated throughout the property to allow 
pedestrians to easily access additional outdoor community amenities. On-site 
amenities include ramadas with barbeques, picnic tables and shaded seating 
areas, and playgrounds designed to accommodate children of multiple ages. All 
common areas will be fully accessible by all residents and interaction between 
residents will be encouraged to help build a sense of community. As part of the 
Horizon on Villa project, the site will include wired connectivity to all units and free 
wi-fi in residential units and community spaces. As part of Housing’s PHXHousing 
Connect Program (and associated with Phoenix’s designation as a HUD 
ConnectHomeUSA community), Housing will offer free devices and no-cost 
training to residents. 
 
1.6 
Located within the EEC, Horizon on Villa will be situated on the former A.L. Krohn 
Homes public housing site bordered by Villa and McKinley streets from 18th to 
20th streets. Housing owns the approximately 3.74-acre site and will execute a 
ground lease for the development for at least 65 years. Demolition of the A.L. 
Krohn Homes public housing buildings is complete to make way for Horizon on 
Villa. All but five existing buildings on the site were demolished as part of a historic 
preservation treatment plan. The five remaining buildings will retain the character 
of the past but will be completely renovated into a Family Education Center offering 
Head Start classrooms, and other community services and programs. 
 
1.7 
The Horizon on Villa site is located within the boundaries of La Ciudad, an ancient 
Hohokam village.  As part of the treatment plan, Housing is working with the City’s 
Historic Preservation Office and the City Archaeology Office to mitigate the effects 
related to the redevelopment of the Horizon on Villa site.  Phase I and Phase II 
archaeology will be conducted at the site. In addition, a portion of the Horizon on 
Villa site is located within a groundwater contamination plume associated with the 
Motorola 52nd Street National Priority List site that represents a recognized

City of Phoenix  
Page 23 of 30 
environmental concern. Soil testing will be conducted, and any contaminated soil 
will be removed prior to commencement of construction while vapor barriers will 
be installed as part of a radon mitigation system. 
 
1.8 
Located one mile east of downtown and spanning approximately 0.69 square 
miles, the EEC is home to over 3,300 residents and over 150 business 
establishments. The EEC has a mix of residential and commercial uses with 
industrial uses concentrated in the southern portion. Most businesses are located 
on the main thoroughfares (16th, 20th, Roosevelt, Van Buren, Washington, and 
Jefferson streets). Major neighborhood amenities include Edison Elementary 
School (K-8), Edison Park, Aeroterra Community Center, and Los Altos Ranch 
Market.  Horizon on Villa is near downtown Phoenix, a major employment center, 
and educational institutions including Arizona State University, the University of 
Arizona and Northern Arizona University, sporting, arts and cultural venues, 
Phoenix Sky Harbor International Airport, Valleywise Health (formerly Maricopa 
Integrated Health System). This location offers convenient access to the larger 
metropolitan area. Residents will have accessibility to public transportation that 
includes at least four bus routes and a light rail station within a ½ mile. The property 
also has excellent freeway access for residents that own cars. 
 
1.9 
The EEC is a diverse and thriving neighborhood already seeing positive and 
dramatic change due to the growing interest in urban living and the success of the 
Valley Metro light rail system. Surrounding communities have experienced a surge 
in transit-oriented development with new mixed-use, market rate multi-family 
housing developed west of the EEC, and nearby corridors have become hotspots 
for new businesses. Horizon on Villa is building upon the momentum and will offer 
additional mixed-income housing for the community. 
 
1.10 
Unit Composition: 
Horizon on Villa will be comprised of 109 mixed-income, high quality apartment 
units with a variety of bedroom sizes to include: 25 one-bedroom, 33 two-bedroom, 
42 three-bedroom, six four-bedroom, and three five-bedroom rental units. Of the 
109 units, 73 will be available to households earning at or below 60% of the Area 
Median Income (“AMI”). Fifty-one units, considered public housing replacement 
units, will receive Section 8 Project-Based Voucher (“PBV”) assistance 
administered by Housing’s Section 8 Administrator, Quadel AZ.  The remaining 
units, 22 LIHTC-only and 33 unrestricted market-rate, have been incorporated to 
meet market demand and to comply with HUD CN requirements. ARPA-assisted 
units will be 10 floating units, including two (2) one-bedroom units, three (3) two-
bedroom units, four (4) three-bedroom units, and one (1) four-bedroom unit. The 
ARPA-assisted units can be layered with units from other funding sources. Each 
bedroom size has various layouts resulting in a diverse mix of floorplans and unit 
sizes. Public housing residents were relocated prior to construction and have first 
right to return to an appropriately sized PBV unit upon completion. See chart below 
for Horizon on Villa’s anticipated unit mix.

City of Phoenix  
Page 24 of 30 
 
 
ARPA 
Units *units 
can be 
layered 
with units 
from other 
funding 
Section 8 
PBV Units 
LIHTC-
Only Units 
Unrestricted 
Market-Rate 
Units 
TOTAL Units *Due to 
layering of funding, 
columns do not add 
up to the total 
1-bedroom 
2 
0 
9 
16 
25 
2-bedroom 
3 
3 
13 
17 
33 
3-bedroom 
4 
42 
0 
0 
42 
4-bedroom 
1 
6 
0 
0 
6 
5-bedroom 
0 
3 
0 
0 
3 
TOTAL 
10 
54 
22 
33 
109 
 
1.11 
Horizon on Villa will include a minimum of at least eleven (11) Type A accessible 
units and three (3) additional hearing/vision impaired (“HVI”) equipped units to 
accommodate the hearing and visually impaired. All remaining residential units will 
be developed as Type B adaptable featuring universal design. In addition, Horizon 
on Villa will be designed and constructed adhering to Enterprise Green 
Communities criteria to obtain Enterprise Green Communities certification. Energy 
Star rated light fixtures and appliances will be standard within all units. 
Furthermore, the development will also meet the Arizona Department of Housing’s 
("ADOH”) Qualified Allocation Plan’s energy efficiency requirements. Each unit will 
include cable TV hookups, data and telephone access, pressure balancing 
bath/shower controls, ceiling fans, and vertical blinds on all windows. The Energy 
Star appliance package includes a dishwasher, garbage disposal, refrigerator, and 
range with range hood. A washer and dryer are included in each unit. Units also 
have a patio, balcony, porch, or deck depending upon floor and location. 
 
1.12 
Funding: 
Horizon on Villa will be permanently financed through the following estimated 
sources (subject to change at any time prior to financial closing) in addition to the 
proposed $5 million in ARPA funds: $15.5 million in equity from the sale of 4% 
LIHTC allocated through the ADOH; $15 million in HUD CN and other gap funding 
sources; $3 million in HOME funds from ADOH; a $100 Manager capital 
contribution; $1.2 million deferred developer fee; and conventional financing. Total 
project cost is estimated at $54.7 million; with approximately $15 million in 
permanent hard-debt financing. The deferred developer fee will be split with 
Gorman deferring 65% of the amount and the PHDC deferring 35%. Gorman will 
issue 
a 
request 
for 
proposals 
to 
seek 
a 
LIHTC 
investor 
and 
construction/permanent lender. Other project partners include HUD, ADOH, and 
the Phoenix IDA. The $5,000,000 in ARPA funds will be utilized for hard residential 
construction costs, which will be expended as the first construction source of funds.  
 
1.13 
Supportive Services: 
Housing will provide supportive services and resident programs. Residents of 
Horizon on Villa would be eligible for services provided by Housing through the CN 
Program such as case management, GED and ESL classes, college access 
services, workforce and job fairs, children’s programming, Head Start, after school

City of Phoenix  
Page 25 of 30 
programming, food pantries, and referrals to homeownership counseling and 
health related services.  
 
1.14 
Residents would also be eligible for services provided by Housing at the Aeroterra 
Community Center and the Emmett McLoughlin Training and Education Center in 
addition to services offered by Housing’s Coalition of Service Providers. The 
Coalition provides a variety of programming that address Economic 
Empowerment, Educational Advancement, Health and Nutrition, Character and 
Leadership, and Youth Services. In addition, all eligible residents (those living in 
Housing Choice Voucher and PBV units) can join the Family Self-Sufficiency 
Program.   
 
2.0 
Subrecipient contributions: 
2.1 
Housing will contribute the following: 
2.1.1 At least $5 million in gap funding to assist with project financing. 
2.1.2 A ground lease for the project. 
2.1.3 Case management and supportive services for Horizon on Villa residents 
as in-kind services. 
2.1.4 Renovate, operate and/or maintain adjacent community spaces, including 
the on-site Family Education Center, Edison and Linear Parks, and 
Edison Impact Hub. 
2.1.5 On-going community engagement offerings. 
 
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 60% 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 Low 
HOME units, which are outlined in the HOME Income and Rent Limits. The Low 
HOME rent limit is the maximum rent allowed 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 ADOH. The Subrecipient or 
contractor operating the Project shall provide to Maricopa County a written request 
for the increase in rent limits and supporting documentation for the justification of 
this request. ARPA-Assisted units will require a minimum lease term of one year.

City of Phoenix  
Page 26 of 30 
3.4 
Period of Affordability – The Period of Affordability for the LIHTC will be governed 
by a 30-year Land Use Restrictive Agreement ("LURA”) managed by ADOH. This 
time-period includes the initial 15-year compliance period dictated by the IRS plus 
an additional 15-year extended year period that the project owner has committed 
to for the 76 LIHTC units.  Deeds of Trust will be recorded to secure funds as part 
of the financial closing process, and Maricopa County will be added as a 
beneficiary. Housing will also record a LURA with a minimum 30-year Period of 
Affordability on assisted units as required by the funding source. Horizon on Villa 
will go through HUD’s CN mixed-finance development closing process that 
requires HUD approval of the project and respective project documents.  
 
3.5 
The income restrictions on the ARPA-assisted units shall remain in place for an 
affordability period of thirty (30) years.  
 
3.6 
Program Income – Program income will be defined as excess cash flow. Nine 
percent (9%) of 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 or contractor operating the Project annually before October 1, 
commencing upon completion of the project. The Subrecipient or contractor 
operating the Project will be required to submit an annual certification to document 
program income activity. 
 
3.7 
Housing and Resource Communications – Housing shall require any subrecipient 
or contractor operating the Project to notify designated contacts at the City and 
Maricopa County at least ten (10) business days in advance of accepting new 
applications for units to allow Maricopa County to communicate the opportunity to 
their respective clients, partners, and residents. 
 
Housing shall require any subrecipient or contractor operating the Project to 
allow the placement of collateral material in leasing offices for the purpose of 
marketing programs or services which residents may benefit from. 
 
4.0 
Deliverables: 
Beneficiaries  
 
ARPA Assisted 
Non-ARPA Assisted 
Total Assisted 
Number of households (units) 
10 
99 
109 
Number of people served 
annually (approximate) 
46 
381 
427 
 
5.0 
Budget: 
Fund Sources 
Sources 
Total 
Maricopa County – ARPA 
$5,000,000 
 
 
 
ARPA Funds 
Construction Hard Costs- Residential 
$5,000,000 
TOTALS 
$5,000,000

City of Phoenix  
Page 27 of 30 
6.0 
Proposed Project Schedule: 
Project Milestone 
Estimated 
Completion 
Date 
Comments 
Site Acquisition 
Complete  
City of Phoenix owns the site  
Construction Loan (Closing Date) 
Sep 2024  
  
Partnership Closing (Closing Date) 
Sep 2024 
Permanent Loan Commitment 
Jan 2024 
  
Permanent Loan Closing 
 Sep 2024 
 
Other Funds Firm Commitment 
Feb 2024 
LIHTC, Other Lenders 
Other Funds Firm Commitment 
Complete  
Choice Neighborhoods Funds = $5,000,000 
Other Funds Firm Commitment 
Complete 
ADOH HOME funds = $3,000,000 
Environmental Review Completion 
Apr 2023 
 
Authority to Use Grant Funds 
May 2023 
 
Zoning Entitlements 
Complete 
 
Plans Submitted to the 
Municipality 
Jan 2024 
 
Civil Permits Issued 
Sep 2024 
 
Building Permits Issued 
Sep 2024 
 
Contractors Notice to Proceed 
Issued 
Sep 2024 
 
Construction Mobilization 
Sep 2024 
 
25% Completion 
Feb 2025 
 
50% Completion 
Sep 2025 
 
75% Completion 
Dec 2025 
 
Certificate of Occupancy 
Apr 2026 
 
ARPA-Assisted Units Occupied 
Apr 2026 
 
100% Occupancy 
Jun 2026

City of Phoenix  
Page 28 of 30 
EXHIBIT B – SUPER 8 STATEMENT OF WORK 
 
1.0 
Project Description: 
1.1 
The City is partially funding the renovation of a 125-room former Super 8 hotel that 
the City will convert to affordable rental housing units, prioritizing people aged 55 
and over exiting homelessness. The hotel is located at 8130 N. Black Canyon 
Highway. 
 
1.2 
The renovations will ensure individuals exiting homelessness have safe, affordable 
studio units, including accessible or adaptable units for individuals with disabilities. 
The newly renovated units, including the 40 ARPA-assisted studio units will be 
rented to individuals exiting homelessness, with household income at or below 
30% of the Area Median Income (“AMI”), who are in need of on-site supportive 
services. 
 
1.3 
The hotel conversion will also support a larger community revitalization effort 
including a building to the north of the future housing complex that is currently 
being renovated by a private nonprofit entity to be an emergency shelter for 
seniors. The clients will also have opportunities to utilize a new “innovation center” 
resource directly to the south of the housing development that is under 
development and will be a large City of Phoenix Workforce Development and 
Training Center. The center will allow clients access to education, workforce 
training and job opportunities.  
 
2.0 
Subrecipient contributions: 
The City contributed the entire acquisition cost of $9.145 million and has set aside $2.5 
million for security at the property and beginning the architectural and engineering 
drawings. The City is seeking additional funding from the State of Arizona and Senator 
Kelly’s office to support the renovation costs. 
 
Source  
Use  
Amount 
City of Phoenix American Rescue Plan 
Act Funds  
Acquisition  
$9.145 million  
City of Phoenix American Rescue Plan 
Act Funds  
Architect and 
Engineering Costs  
$2.5 million  
Maricopa County American Rescue Plan 
Act Funds   
Phase 1 Renovation  
$5 million  
Senator Kelly Congressional Earmark 
(Pending) 
Phase 2 Renovation  
$3 million  
Rental Income  
Annual Operating and 
Onsite Supports  
$1 - $2.25 million / 
year  
 
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

City of Phoenix  
Page 29 of 30 
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 30% AMI throughout the Period of Affordability. The Project will also 
prioritize individuals aged 55 and over exiting homelessness. 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 Low 
HOME units, which are outlined in the HOME Income and Rent Limits. The Low 
HOME rent limit is the maximum rent allowed 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 ADOH. The Project operator shall 
provide the County a written request for the increase in rent limits and supporting 
documentation for the justification of this request. ARPA-Assisted units will require 
a minimum lease term of one year.  
 
3.4 
Period of Affordability – The Subrecipient shall ensure all housing assisted under 
this Agreement meets the Occupancy Requirements set forth in subsection 3.2, 
above. These units shall remain in place for a Period of Affordability of 20 years 
through a declaration of affirmative land use and restrictive covenants (“LURA”) 
between the City and Maricopa County. 
 
3.5 
Program Income – All rental income will be utilized for on-site services, 
maintenance operations and capital reserves for the property upkeep.  Program 
income will be defined as excess cash flow. Twenty percent (20%) of 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 
or contractor operating the Project 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. 
 
The City shall require any subrecipient or contractor operating the Project to allow the placement 
of collateral material in leasing offices for the purpose of marketing programs or services which 
residents may benefit from. 
 
4.0 
Deliverables: 
Beneficiaries  
 
ARPA Assisted 
Non-ARPA Assisted 
Total

City of Phoenix  
Page 30 of 30 
Number of households (units) 
40 
85 
125 
Number of people served 
annually (approximate) 
40 
85 
125 
 
5.0 
Budget: 
Fund Sources 
Sources 
Total 
Maricopa County – ARPA 
$5,000,000 
 
 
 
ARPA Funds 
  
General Development Costs 
Construction Hard Costs- Residential 
$5,000,000 
TOTALS 
$ 5,000,000 
 
6.0 
Proposed Project Schedule: 
Project Milestone 
Estimated 
Completion 
Date 
Comments 
Site Acquisition 
5/5/23 
Other Funds Firm Commitment 
12/31/23 
 
Phase 1 Environmental Review 
Completion 
Fall, 2023 
 
Zoning Entitlements 
1/31/24 
 
Plans Submitted to the 
Municipality 
3/31/24 
 
Building Permits Issued 
4/30/24 
 
Contractors Notice to Proceed 
Issued 
6/1/24 
 
Construction Mobilization 
9/1/24 
 
25% Completion 
3/30/25 
 
50% Completion 
7/1/25 
 
75% Completion 
11/1/25 
 
Certificate of Occupancy 
3/1/26 
 
ARPA-Assisted Units Occupied 
6/1/26 
 
100% Occupancy 
10/31/26