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Contract No. 2023-130-COS
Resolution No. 12913
City of Scottsdale
20071999v2
Page 1 of 21
INTERGOVERNMENTAL AGREEMENT
BETWEEN
MARICOPA COUNTY
ADMINISTERED BY ITS
HUMAN SERVICES DEPARTMENT
AND
CITY OF SCOTTSDALE
Agreement Number:
Agreement Amount: $6,570,000
Agreement Start Date: September 27, 2023
Agreement Termination Date: June 30, 2026
ALN; 21.027 American Rescue Plan Act
UEI: PMRUAFJ48JE8
1.0
PARTIES
This financial Intergovernmental Agreement (“Agreement”) is between City of Scottsdale
(“Subrecipient” and or “City”) 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 the availability of affordable housing and
non-congregate shelter beds for people experiencing homelessness in Maricopa County.
The Subrecipient shall carry out the Paiute Neighborhood Center Enhancement Project
(the “Project”) and rehabilitate the existing Community Assistance Office; and renovate
the building to add a second floor consisting of 28 affordable rental and non-congregate
shelter units. The County will allocate American Rescue Plan Act (ARPA) funds in the
amount of $6,570,000 for the Project. Project activities are identified in Exhibits A, B, and
C Work Statements.
3.0
TERM OF AGREEMENT
3.1
The term of this Agreement is September 27, 2023, through June 30, 2026.
3.2
This Agreement may be extended, up to six (6) months, but not to exceed December
31, 2026, with the condition the Subrecipient is in compliance with the terms and
conditions of this Agreement. Extensions shall be process as identified in section 4.0
(Amendment).
3.3
This Agreement shall be effective upon approval and signature by both Parties.
Contract No. 2023-130-COS
Resolution No. 12913
City of Scottsdale
20071999v2
Page 2 of 21
4.0
AMENDMENTS
Except pursuant to an administrative change order set forth in section 5.0 any changes to
this Agreement shall be effective only in a written amendment signed by both Parties.
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
Subrecipient. Administrative Change Orders may address any of the following:
5.1.1
Modifications to the Project timeline if the last day of the Project timeline is
within the Agreement term including adjustments to the schedules included
in Exhibits .
5.1.2
Modifications to budget line items if the total amount in the Agreement is
unchanged.
5.1.3
Modifications required by federal, state, or County regulations, ordinances,
or policies.
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 $6,570,000 of the ARPA Funds under Assistance
Listing Number (ALN) 21.027 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 informed as to the availability of funds.
7.2
If any action is taken to amend, suspend or terminate the Agreement, by any federal,
state, or local agency, or by any agency instrumentally involved in the Project, the
Parties may amend, suspend, or terminate this Agreement.
7.3
In the event of termination, the Parties shall be liable only for payment for services
rendered prior to the effective termination date, providing services were performed
in accordance with the provisions of this Agreement. Furthermore, upon termination
Subrecipient shall be released from all pending responsibilities and have no further
obligation to perform under the Agreement unless expressly provided for herein as
an obligation that survives termination. The Parties shall give written notice at least
ten (10) calendar days in advance of their intent to suspend performance or intent
to terminate this Agreement.
8.0
RESPONSIBILITIES OF ORGANIZATIONS
8.1
The Subrecipient shall:
8.1.1
Complete the Project as described in the Exhibits.
Contract No. 2023-130-COS
Resolution No. 12913
City of Scottsdale
20071999v2
Page 3 of 21
8.1.2
Ensure compliance with federal, state, and County requirements as they
relate to the American Rescue Plan Act Coronavirus State and Local Fiscal
Recovery Fund 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.
8.1.5
Complete Quarterly Reports to the County no later than 30 days after the
end of the quarter with the following information:
8.1.5.1
Status updates on Project milestones and timelines;
8.1.5.2
Quarterly expenditures;
8.1.5.3
Expenditure forecasting for the current quarter and duration of
the Project
8.1.5.4
Anticipated delays or issues;
8.1.5.5
Any significant disruptions to progress or timelines; and,
8.1.5.6
Any other issues or information the Department should know.
8.1.6
Complete the following reports on a 6-month basis after execution of the
Agreement for the units dedicated for individuals and families experiencing
homelessness:
8.1.6.1
Continuum of Care Annual Performance Report (COC APR),
Homeless Management Information System (HMIS) for
services provided at the bridge housing site through the extent
of the use restriction period listed in 8.1.5 Annual COC APR
for both Fiscal and calendar year.
8.1.6.2
If the Subrecipient does not engage in any activity that
requires a report, Subrecipient will only be required to report
that no activity occurred. If there is reportable activity in the
time between occupancy and RFP finalization, without
penalty to Subrecipient, County will assist Subrecipient in
compiling and retroactively submitting any required reports.
8.2
The County shall:
8.2.1
Provide timely payment of Subrecipient invoices on a monthly basis.
8.2.2
Respond to questions from the Subrecipient in a timely manner.
8.2.3
Provide technical assistance and training to Subrecipient staff as necessary
to ensure proper administration services under this Agreement.
8.2.4
Report to the U.S. Department of Treasury on the Subrecipient’s use of
funds, under this Agreement.
8.2.5
Provide Invoice and Program Reporting template to Subrecipient.
9.0
COMPENSATION
9.1
This Agreement is on a cost reimbursement basis.
9.2
Subrecipient must submit monthly invoices to the County including all costs
associated with the Project.
9.3
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.
9.4
Final Reimbursement Upon Agreement Termination
Contract No. 2023-130-COS
Resolution No. 12913
City of Scottsdale
20071999v2
Page 4 of 21
9.4.1
The Subrecipient must submit the final Reimbursement Request to the
County no later than 30 calendar days after the Project termination date,
except as noted immediately below:
9.4.1.1
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.
9.4.2
The final Project progress report, and all other applicable reports, such as
the Program Income Report, must be submitted to the County with the Final
Reimbursement Request.
9.4.3
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 the Project to hsdfinance@maricopa.gov.
10.2
The County shall reimburse the Subrecipient on a net zero payments standard.
10.3
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 here by reference, shall be used to determine
the allowability of incurred reimbursable costs under this Agreement.
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, either Party may cancel this Agreement without penalty or
further obligation within three (3) years after its execution, if any person significantly
involved in initiating, negotiating, securing, drafting or creating this Agreement on
behalf of either Party, at any time while this Agreement or any extension of this
Agreement is in effect, is or becomes an employee or agent of the other Party to this
Agreement.
12.2
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.
12.3
Either Party may terminate this Agreement at any time by giving the other Party
written notice at least sixty (60) calendar days before the termination date. The
termination notice shall be given by 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.
12.4
In the event of termination, the County 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
Contract No. 2023-130-COS
Resolution No. 12913
City of Scottsdale
20071999v2
Page 5 of 21
performance under the Agreement unless expressly stated herein as an obligation
that survives termination.
12.5
The County may suspend or terminate this Agreement if the Subrecipient violates
any term or condition of this Agreement or fails to maintain a good-faith effort to carry
out this Agreement.
12.6
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.
13.0
NOTICES
Notifications and communications concerning this Agreement shall be directed to the
following:
Subrecipient:
City of Scottsdale
Mary Witkofski, LMSW, Community
Assistance Manager
(480) 312-2479
MWitkofski@ScottsdaleAZ.gov
6535 E. Osborn Road, Building 8
Scottsdale, AZ 85251
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
14.0
EMPLOYMENT DISCLAIMER
14.1
This Agreement is not intended to constitute, create, give rise to, or otherwise
recognize a joint venture agreement, partnership, or other formal business
association or organization of any kind, and the rights and obligations of the Parties
are 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 to 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
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.
Contract No. 2023-130-COS
Resolution No. 12913
City of Scottsdale
20071999v2
Page 6 of 21
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 the American Rescue Plan Act. Any lawsuit
arising out of this Agreement shall be brought in the appropriate court in 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 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.
15.4
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. Subrecipient must make full written disclosure of any
proposed payments to the County and receive written approval for the payments.
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 bears 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” for
the purpose of carrying out a specific portion of the Agreement. The Subrecipient
will make determinations classifying recipients of federal funds as Subawards of the
Agreement.
16.3
The Subrecipient shall ensure compliance by any subcontractor with all ARPA
requirements, including reporting requirements.
17.0
DISPUTES
17.1
Except as may otherwise be 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, 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 section 13.0 within ten (10) business
days from the date the Subrecipient knew of, 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 Human Services Department Director shall provide the Subrecipient
with a written response within fourteen (14) business days following receipt
Contract No. 2023-130-COS
Resolution No. 12913
City of Scottsdale
20071999v2
Page 7 of 21
of the Notice of Appeal. The decision of the Human Services Department
Director shall be final and not appealable.
17.1.4 Pending the decision of the Human Services Department Director, the
Subrecipient shall diligently proceed with its performance of this Agreement
in accordance with the decision.
17.1.5 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.
18.0
SEVERABILITY
Any provision of this Agreement determined to be invalid, void, or illegal by a court shall in
no way affect, impair, or invalidate any other provision of this Agreement, and the remaining
provisions shall remain in full force and effect.
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 additional areas of performance within this Agreement. Any changes in
performance obligations within this Agreement must be in writing and signed by both Parties.
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 receipt of audit findings. The County shall consider sanctions as described in 2
C.F.R. § 200.505 if it is determined by HUD 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
in the amount of the disallowance. Court costs and attorney and expert fees incurred
will be specifically identified as applicable to the recovery of the disallowed costs in
question.
21.2
If the County determines that a cost for which payment has been made is a
disallowed cost, then the County will notify the Subrecipient in writing of the
disallowance and the required course of action, which shall be at the option of the
County, either to adjust any future claim submitted by the 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
PROPERTY
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.
Contract No. 2023-130-COS
Resolution No. 12913
City of Scottsdale
20071999v2
Page 8 of 21
23.0
LIMITATION ON LIABILITY
23.1
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.
23.2
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.
24.0
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 26 shall survive termination of this Agreement.
25.0
INSURANCE
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
26.0
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 Exhibits that directly serve the state of Arizona or its clients and may involve access to
secure or sensitive data or personal client data or development or modification of software
for the State 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
Contract No. 2023-130-COS
Resolution No. 12913
City of Scottsdale
20071999v2
Page 9 of 21
the Agreement. The provision applies to work performed by Subrecipients or
Subcontractors at all tiers.
27.0
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.
28.0
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.
29.0
CLEAN AIR ACT
If the total face value of this Agreement exceeds $100,000, the Subrecipient agree 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.
30.0
LOBBYING
30.1
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.
30.2
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.
31.0
RELIGIOUS ACTIVITIES
The Subrecipient warrants that none of its costs and none of the costs incurred by the
Subrecipient or any of its Subcontractors will include any expense for any religious activities.
32.0
POLITICAL ACTIVITY PROHIBITED
None of the funds, materials, property, or services contributed by the County or the
Subrecipient or any Subcontractor under this Agreement shall be used for any partisan
political activity, or to further the election or defeat of any candidate for public office.
33.0
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,
Contract No. 2023-130-COS
Resolution No. 12913
City of Scottsdale
20071999v2
Page 10 of 21
percentage, brokerage, or contingent fee. For breach or violation of this warranty, the
County may immediately terminate this Agreement without liability.
34.0
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.
35.0
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.
36.0
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.
37.0
AGREEMENT COMPLIANCE MONITORING/AUDITING
37.1
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 the U.S. Department of Housing and Urban
Development and Maricopa County. On-site visits for compliance monitoring may
be made by the County or its grantor agencies (or by both the County and 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 its records and accounts
related to work performed or services provided under this Agreement available to
the County for inspection and copying.
37.2
The County shall request information for fiscal monitoring/audit per Office of
Management and Budget (OMB) Uniform Guidance 2 C.F.R. § 200, to include as
applicable:
37.2.1
Financial Management 2 C.F.R. § 200.302
37.2.2
Internal Controls 2 C.F.R. § 200.303
37.2.3
Bonds 2 C.F.R. § 200.304
37.2.4
Payment and Financial Reporting 2 C.F.R. § 200.305
37.2.5
Cost Sharing or Matching 2 C.F.R. § 200.306
37.2.6
Program Income 2 C.F.R. § 200.307
37.2.7
Revision of Budget and Program Plans 2 C.F.R. § 200.308
37.2.8
Period of Performance 2 C.F.R. § 200.309
37.2.9
Insurance Coverage 2 C.F.R. § 200.310
37.2.10
Record Retention and Access 2 C.F.R. §§ 200.334 – 200.338
37.2.11
Procurement Standards 2 C.F.R. § 200.318
Contract No. 2023-130-COS
Resolution No. 12913
City of Scottsdale
20071999v2
Page 11 of 21
37.2.12
Indirect Costs 2 C.F.R. § 200.414
37.2.13
Compensation-Personal Services 2 C.F.R. § 200.430
37.2.14
Audit Requirements 2 C.F.R. §§ 200.501-200.517
38.0
CONTINGENCY RELATING TO OTHER AGREEMENTS AND GRANTS
38.1
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.
38.2
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.
38.3
If the Director determines that the award to the Subrecipient of 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.
39.0
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.
40.0
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.
41.0
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.
42.0
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.
Contract No. 2023-130-COS
Resolution No. 12913
City of Scottsdale
20071999v2
Page 12 of 21
43.0
EQUAL EMPLOYMENT OPPORTUNITY
43.1
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.
43.2
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.
43.3
The Subrecipient shall and shall cause their respective Subcontractors to comply
with:
43.3.1 Title VI and VII of the Civil Rights Act of 1964, as amended (42 U.S.C. §§
2000a, et seq.);
43.3.2 the Rehabilitation Act of 1973, as amended (29 U.S.C. §§ 701, et seq.);
43.3.3 the Age Discrimination in Employment Act of 1967, as amended (29 U.S.C.
§§ 621, et seq.);
43.3.4 the Americans With Disabilities Act of 1990 (42 U.S.C. §§ 12101, et seq.);
and
43.3.5 Arizona Executive Order 2009-09, as amended, et seq. which mandates that
all persons shall have equal access to employment opportunities.
44.0
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.
45.0
FINANCIAL MANAGEMENT
The Subrecipient shall establish and maintain a separate, interest-bearing bank account for
money provided under this Agreement, or 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 a manner specified by the County in accordance with applicable State of
Arizona and federal regulations. The Subrecipient shall provide a signed bank account
agreement authorizing the County to obtain information about the account. If an accounting
system is used, then it shall be in accordance with generally accepted accounting principles.
46.0
RETENTION OF RECORDS
46.1
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.
46.2
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.
Contract No. 2023-130-COS
Resolution No. 12913
City of Scottsdale
20071999v2
Page 13 of 21
47.0
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.
48.0
IMMIGRATION LAWS AND REGULATIONS
48.1
Federal Immigration and Nationality Act
48.1.1 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.
48.1.2 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.
48.1.3 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.
48.2
Arizona Law: The Subrecipient warrants that it is in compliance with A.R.S. § 41-
4401 (E-Verify requirements) and further acknowledges that:
48.2.1 The Subrecipient and their respective vendors, if any, warrant their
compliance with all federal immigration laws and regulations that relate to
their employees and their compliance with A.R.S. § 23-214;
48.2.2 A breach of a warranty under this Subparagraph 47.2.2 shall be deemed a
material breach of this Agreement and the County may immediately
terminate this Agreement without liability; and
48.2.3 The County and any contracting government entity retain the legal right to
inspect the papers and employment records of the Subrecipient or their
respective vendor 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.
Contract No. 2023-130-COS
Resolution No. 12913
City of Scottsdale
20071999v2
Page 14 of 21
49.0
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.
50.0
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND
VOLUNTARY EXCLUSION
50.1
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:
50.1.1 Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any federal
department or agency;
50.1.2 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 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;
50.1.3 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
50.1.4 Have not, within a three-year period preceding this Start Date of this
Agreement, had one or more public transactions (federal, state, or local)
terminated for cause or default.
50.2
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.
51.0
SUBRECIPIENT EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO
INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS:
51.1
The Subrecipient agrees that this Agreement and employees working on this
Agreement will be subject to the whistleblower rights and remedies in the pilot
program on the Subrecipient employee whistleblower protections established at
41 U.S.C. § 4712 by Section 828 of the National Defense Authorization Act for
Fiscal Year 2013 (Pub. L. 112–239) and Section 3.908 of the Federal Acquisition
Regulation;
51.2
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
51.3
The Subrecipient shall insert the substance of this clause, including this Paragraph
51.0, in all subcontracts over the simplified acquisition threshold ($250,000 as of
June 2021).
Contract No. 2023-130-COS
Resolution No. 12913
City of Scottsdale
20071999v2
Page 15 of 21
52.0
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.
53.0
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.
54.0
DEFAULT AND REMEDIES FOR NONCOMPLIANCE
54.1
Notwithstanding anything to the contrary, this Section shall not be deleted or
superseded by any other provision of this Agreement.
54.2
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.
54.3
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, has not been paid),
the reimbursement of funds improperly expended, or the recovery of funds
improperly acquired. Noncompliance includes, but is not limited to:
54.3.1 Non-performance of any obligations required by this Agreement.
54.3.2 Noncompliance with any applicable federal, state, or local laws, rules, or
regulations.
54.3.3 Unauthorized expenditure of funds.
54.3.4 Noncompliance with applicable financial record requirements, accounting
principles, or standards established by OMB circulars and 2 C.F.R. §§ 200
et seq.
54.3.5 Noncompliance with recordkeeping, record retention, or reporting
requirements.
54.4
Notwithstanding the suspension or termination of this Agreement, or the final
determination of the proper disposition of funds, each Party shall, without intent to
limit or with restrictions, be subject to the following:
54.4.1 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 or rule.
54.4.2 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.
54.5
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
Contract No. 2023-130-COS
Resolution No. 12913
City of Scottsdale
20071999v2
Page 16 of 21
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.
55.0
ADMINISTRATIVE REQUIREMENTS
55.1
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).
55.2
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
may specify in writing, the terms of the repayment or alternative terms in lieu of
repayment. However, in no case shall repayment or alternative terms be
accomplished later than sixty (60) calendar days following the written
determination of noncompliance by the County.
55.3
Documentation and Record Keeping - The Subrecipient agrees to comply with this
Agreement and the following record keeping requirements:
55.3.1 Records to be maintained - The Subrecipient shall maintain all financial
records as required by 2 C.F.R. § 200, and OMB Circulars;
55.3.2 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.
55.3.3 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.
55.3.4 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.
55.3.5 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.
56.0
UYGHUR FORCED LABOR PREVENTION ACT (UFLPA)
56.1
The Subrecipient warrants and certifies that it does not currently, and agrees for
the duration of the agreement that it will not, use:
Contract No. 2023-130-COS
Resolution No. 12913
City of Scottsdale
20071999v2
Page 17 of 21
56.1.1 The forced labor of ethnic Uyghurs in the People’s Republic of China.
56.1.2 Any goods or services produced by the forced labor of ethnic Uyghurs in
the People’s Republic of China.
56.1.3 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.
56.2
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.
57.0
FORCE MAJEURE
57.1
Neither Party 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.
57.2
Each Party, 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.
57.3
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]
Contract No. 2023-130-COS
Resolution No. 12913
City of Scottsdale
20071999v2
Page 18 of 21
IN WITNESS, the Parties have approved and signed this Agreement:
APPROVED BY:
The City of Scottsdale
___________________________________
David D. Ortega, Date
Mayor
APPROVED BY:
MARICOPA COUNTY
____________________________________
Clint Hickman, Date
Chairman, Board of Supervisors
Attested to:
Ben Lane, 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 IT IS
PROPER IN FORM AND WITHIN THE
POWERS AND AUTHORITY GRANTED TO
THE CITY OF SCOTTSDALE UNDER THE
LAWS OF THE STATE OF ARIZONA.
APPROVED AS TO FORM:
Sherry R. Scott, City Attorney Date
By: Joe Padilla, Deputy City Attorney
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 IT 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
Contract No. 2023-130-COS
Resolution No. 12913
City of Scottsdale
Exhibit A
20071999v2
Page 19 of 24
EXHIBIT A PAIUTE NEIGHBORHOOD CENTER ENHANCEMENT PROJECT DESCRIPTION
The City of Scottsdale is responsible for partially funding the development of the Paiute
Neighborhood Center Enhancement Project (Project), which is part of the Paiute Community
Center Improvements. The Project is located at 6535 E. Osborn Road, in Scottsdale, AZ. 85251.
The Project is to remove the existing buildings and construct a new two-story building with a
community space, twenty-eight (28) livable units and parking areas. The Project involves
reconstruction of the Community Assistance Office with the addition of a second floor. The second
floor will include twenty (20) studio units and eight (8) two-bedroom units. The City of Scottdale
will use $6,570,000 in ARPA funds provided by Maricopa County for the design and construction
costs. The Scottsdale Housing Agency will secure HUD approval for project-based vouchers for
14 floating rental units under Chapter 15 of their amended Annual Action Plan for 2023 and will
set aside up to ten (10) percent for homeless families, families with Veterans, supportive housing
or persons with disability or elderly persons or in areas where vouchers are difficult to use. Eight
(8) units in the project will specifically be for low-income seniors.
The initial construction estimate for this project is $32,161,645 and includes rebuilding the
Community Assistance Office and adding the second floor with 28 units. The construction costs
for the second-floor housing units are anticipated to be approximately $15,671,271. Maricopa
County ARPA Affordable Housing Development (AHD) funds of $4,000,000 will be used to create
eight (8) ARPA AHD-assisted floating units, including eight (8) studio units. The ARPA AHD funds
will be utilized as described in Exhibit B Additionally, Maricopa County ARPA Homeless Services
(HS) will provide Scottsdale $2,570,000 for construction of five (5) non-congregate bridge (NCS)
housing units including five (5) studio units. The Maricopa HS funding will be utilized as described
in Exhibit C. In addition, Scottsdale Community Assistance Office is a member of the Maricopa
County HOME Consortium and has allocated $1,192,098 in HOME Investment Partnership
American Rescue Plan (HOME-ARP) funds for construction of the rental housing and non-
congregate bridge housing. The HOME-ARP funding will assist in the construction of three (3)
units, including one (1) 2-bedroom NCS unit, one (1) 2-bedroom affordable rental unit, and one
(1) affordable studio rental unit. The remaining twelve (12) units, and the first-floor Community
Assistance Office will be constructed using City of Scottsdale’s Capital Improvement Budget
including a $11,174,242 voter-approved bond for the Paiute Neighborhood Community Center.
The City of Scottsdale’s contribution to the second floor is anticipated to be a minimum of
$7,909,173 and the twelve (12) additional units will include six (6) studio units and six (6) two-
bedroom units.
The ARPA-assisted portion of the project will assist approximately thirty (30) persons
experiencing homelessness with non-congregate bridge housing units over the course of a year
and approximately eight (8) households who are low-income with affordable rentals. Upon
successful completion of bridge housing, an individual or family could transition to a project-based
voucher unit for up to one year with optional supportive services, including the Family Self-
Sufficiency Program. When the individual has been stably housed for up to two years with the
project-based voucher units, they may transition to the housing choice voucher waitlist with
preference points per Scottsdale Housing Agency Administrative Plan.
Supportive Services will also be provided to all residents and include non-congregate bridge
housing operations, case management, housing search assistance, obtaining necessary
identification, meal or grocery assistance, and coordinated service linkages to workforce centers,
substance abuse and/or mental health programs or social support groups. These services will be
covered by $250,000 of Maricopa County HOME-ARP funding and through additional funding
Contract No. 2023-130-COS
Resolution No. 12913
City of Scottsdale
Exhibit A
20071999v2
Page 20 of 24
sources outside the project budgets. The Project will include additional space at the Paiute
Neighborhood Center for recreational activities. The Center is located on the City’s Trolley Line
that can transport people to other local community centers such as Granite Reef Senior Center
for congregate meals and social activities.
1.0
Deliverables:
Beneficiaries
ARPA
AHD
Assisted
ARPA
HS
Assisted
(NCS)
Total
Assisted
Number of
households (units)
8
5
13
Number of people served
annually (approximate)
8
30
38
2.0
Budget:
Fund Sources
Sources
Total
Maricopa County – ARPA Affordable Housing
Development
$4,000,000
Maricopa County- ARPA Homeless Services
$2,570,000
TOTALS
$6,570,000
ARPA AHD Funds
General Development Costs
Professional design services and Construction Hard Costs- Residential
$4,000,000
TOTALS
$4,000,000
ARPA HS Assisted (NCS) Funds
Building Acquisition
$2,450,000
Property rehabilitation
$120,000
Maintenance/utilities (annual cost)
$0
Professional service contract for supportive services
$0
Basic needs for participants (toiletries, food)
$0
TOTALS
$2,570,000
Contract No. 2023-130-COS
Resolution No. 12913
City of Scottsdale
Exhibit A
20071999v2
Page 21 of 24
3.0
Proposed Project Schedule:
Project Milestone
Estimated
Completion
Date
Comments
Presentation of Project during City
Council Retreat
04/13/2023
Site Acquisition
N/A
Construction Loan (Closing Date)
N/A
Partnership Closing (Closing Date)
N/A
Permanent Loan Commitment
N/A
Permanent Loan Closing
N/A
Other Funds Firm Commitment
September
2023
HOME ARP and ARPA
Other Funds Firm Commitment
September
2023
General Funds and Bond
Environmental Review Completion
12/31/2023
An environmental review takes
approximately 90 days to complete, and it
will begin once the identification of a site
with a specific location. The environmental
review has a 30-day public notification
process and is then submitted to Maricopa
County HOME Consortium for submittal to
HUD and the Authority to Use Grant Funds.
Authority to Use Grant Funds
01/31/2024
30 days from submittal to HUD
Zoning Entitlements
N/A
Already Zoned Residential
Plans Submitted to the
Municipality
01/01/2025
Civil Permits Issued
03/01/2025
Building Permits Issued
03/01/2025
Contractors Notice to Proceed
Issued
06/01/2025
Construction Mobilization
06/15/2025
25% Completion
11/1/2025
50% Completion
03/01/2026
75% Completion
08/01/2026
Certificate of Occupancy
12/31/2026
ARPA-Assisted Units Occupied
12/31/2026
100% Occupancy
12/31/2026
Contract No. 2023-130-COS
Resolution No. 12913
City of Scottsdale
Exhibit B
20071999v1
Page 22 of 24
EXHIBIT B- AFFORDABLE HOUSING DEVELOPMENT STATEMENT OF WORK
1.0
Project Description:
The Project will use $4,000,000 in ARPA AHD funds provided by Maricopa County for the
professional design services and hard construction costs of 8 ARPA AHD-Assisted floating rental
housing units serving residents at or below 60% of area median income (AMI). The ARPA AHD-
assisted units will include eight (8) studio units.
2.0
Subrecipient contributions:
The City of Scottsdale’s contribution to the second story is anticipated to be a minimum of
$7,909,173. Additional information is provided in Exhibit A.
3.0
Project Eligibility:
3.1
Property Standards – Housing that is constructed or rehabilitated with ARPA AHD
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 AHD-assisted units prior to occupancy of a unit.
The occupancy of the ARPA AHD-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 AHD-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 AHD-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 of Arizona Department
of Housing. The Subrecipient shall provide Maricopa County 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)
These units shall remain in place for an affordability period of twenty (20) years
through a declaration of affirmative land use restrictive covenants between the City
of Scottsdale and Maricopa County.
3.5
Program Income – Program income will be defined as excess cash flow. Twenty-
five percent (25%) 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
Contract No. 2023-130-COS
Resolution No. 12913
City of Scottsdale
Exhibit B
20071999v1
Page 23 of 24
the project. The subrecipient will be required to submit an annual certification to
document program income activity.
3.6
Housing and Resource Communications –
3.6.1 The City shall notify designated contacts for both the city and MCHSD 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.
3.6.2 The City shall allow the placement of collateral material in leasing offices
for the purpose of marketing programs or services which residents may
benefit from.
Contract No. 2023-130-COS
Resolution No. 12913
City of Scottsdale
Exhibit C
20071999v1
Page 24 of 24
EXHIBIT C – HOMELESSNESS SERVICES STATEMENT OF WORK
1.0
Project Description
1.1
The ARPA Homelessness Services (HS) funds will be used to acquire and
rehabilitate a building for the purpose of providing 5 units of safe and stable non-
congregate bridge housing located in the Scottsdale Corporate Limits to individuals
or families experiencing homelessness. These ARPA HS funds may also be
combined with other Federal, County, State or Subrecipient funds for the purpose
of acquiring and rehabilitating a building containing more than four to eight units.
(“Project”).
1.2
As part of the Project, the Subrecipient shall be responsible for ensuring case
management services are provided through navigators to the individuals housed,
to include referrals services, support services, and similar services. Navigators will
assist participants in developing a comprehensive case plan designed to connect
to necessary benefits and services to transition to stable housing. The case plan
will
include
obtaining
necessary
documents,
securing/maintaining
employment/income, budgeting, searching for housing that is affordable for the
participant, and applying for those housing options.
2.0
Project Eligibility
2.1
Property Standards - Housing that is acquired, constructed, or rehabilitated with
ARPA HS 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.
2.2
Occupancy Requirements – Subrecipient shall determine and verify
homelessness upon intake according to the definition by the Department of
Housing and Urban Development (HUD) as defined at
https://www.hudexchange.info/news/huds-definition-of-homelessness-resources-
and-guidance/