# 535-25 HTF City of Chandler PHIFF_FullContract
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ADOH CONTRACT COVER PAGE
Subrecipient Name / Project Title / Contract Number / Grant Term:
The City of Chandler
HTF City of Chandler Preventing Housing Insecurity (PHIFF)
ADOH Contract #535-25
W-9 #86-6000238
HMIS Project Number: n/a
Grant Term – 07/01/2024 – 06/30/2026
Contract Contact Person(s) / phone number / email / address:
Riann Balch – Community Resources Senior Manager
City of Chandler Community Development and Resources
Mail Stop 600, P.O. Box 4008,
Chandler, AZ, 85244-4008
Phone: 480-782-4352
Email: Riann.Balch@chandleraz.gov
Dylan Raymond – Senior Management Analyst
City of Chandler Community Development and Resources
Mail Stop 600, P.O. Box 4008,
Chandler, AZ, 85244-4008
Phone: 480-782-4316
Email: dylan.raymond@chandleraz.gov
Payment Remittance Address (for RFPs, Invoices, etc)
Dylan Raymond – Senior Management Analyst
City of Chandler Community Development and Resources
Mail Stop 600, P.O. Box 4008,
Chandler, AZ, 85244-4008
Phone: 480-782-4316
Email: dylan.raymond@chandleraz.gov
Contract Signature Authority (i.e. Board of Supervisors, CEO, CFO)
Mayor Kevin Hartke
Office of the Mayor & Council
Mail Stop 603
P.O. Box 4008
Chandler, AZ 85244-4008
FUNDING AGREEMENT
with
ARIZONA DEPARTMENT OF HOUSING
Table of Contents
REV. 07.01.2024
i
SECTION 1. FUNDS PROVIDED………………………………………………………………………2
SECTION 2. OTHER FUNDS ................................................................................................................................. 4
SECTION 3. ACCEPTANCE OF FUNDS ............................................................................................................. 4
SECTION 4. DURATION ........................................................................................................................................ 4
SECTION 5. INCORPORATION OF TERMS FOR COMPLIANCE WITH PROGRAM REQUIREMENTS
AND APPLICABLE STATE AND FEDERAL LAW ........................................................................................ 5
SECTION 6. SCOPE OF WORK ............................................................................................................................. 6
SECTION 7. REPORTS ............................................................................................................................................ 7
SECTION 8. SCHEDULE OF COMPLETION ..................................................................................................... 9
SECTION 9. BUDGET ............................................................................................................................................ 10
SECTION 10. AMENDMENTS AND MODIFICATIONS .............................................................................. 11
SECTION 11. ENVIRONMENTAL REVIEW CONDITIONS ........................................................................ 11
SECTION 12. APPLICATION AND OTHER PRE-AWARD COSTS ........................................................... 12
SECTION 13. COMPENSATION AND METHOD OF PAYMENT .............................................................. 13
SECTION 14. FUNDS RECOUPED BY RECIPIENT, INTEREST AND PROGRAM INCOME .............. 13
SECTION 15. DE-OBLIGATION, RECAPTURE AND REPAYMENT OF FUNDS ................................... 15
SECTION 16. REVERSION OF ASSETS ............................................................................................................ 16
SECTION 17. DEPARTMENT OF HOUSING RESPONSIBILITIES ............................................................ 17
SECTION 18. SUBCONTRACTING ................................................................................................................... 17
SECTION 19. FAILURE TO MAKE PROGRESS .............................................................................................. 17
SECTION 20. TERMINATION FOR CAUSE .................................................................................................... 18
SECTION 21. TERMINATION FOR CONVENIENCE ................................................................................... 18
SECTION 22. ENFORCEMENT ............................................................................................................................ 18
SECTION 23. CANCELLATION .......................................................................................................................... 19
SECTION 24. RECORDS RETENTION .............................................................................................................. 19
SECTION 25. NO OBLIGATION OF STATE GENERAL APPROPRIATIONS FUNDS .......................... 20
SECTION 26. AVAILABILITY OF FUNDS ........................................................................................................ 20
Contract 535-25
FUNDING AGREEMENT
with
ARIZONA DEPARTMENT OF HOUSING
Table of Contents
REV. 07.01.2024
ii
SECTION 27. APPLICABLE LAW AND ARBITRATION .............................................................................. 20
SECTION 28. INDEMNIFICATION ................................................................................................................... 21
SECTION 29. FEDERAL GOVERNMENT LIABILITY .................................................................................... 21
SECTION 30. AUDIT .............................................................................................................................................. 21
SECTION 31. AUDIT EXCEPTIONS ................................................................................................................... 21
SECTION 32. UNALLOWABLE USE OF FUNDS ............................................................................................ 21
SECTION 33. INTEREST OF MEMBERS OF DEPARTMENT OF HOUSING AND OTHERS .............. 22
SECTION 34. ACCESS TO RECORDS, PARTICIPANTS AND STAFF ...................................................... 22
SECTION 35. IDENTIFICATION OF DOCUMENTS ..................................................................................... 22
SECTION 36. COPYRIGHT .................................................................................................................................. 22
SECTION 37. RIGHTS IN DATA ........................................................................................................................ 22
SECTION 38. FUNDING CONDITIONS ........................................................................................................... 22
SECTION 39. NON-DISCRIMINATION ........................................................................................................... 23
SECTION 40. THIRD PARTY ANTITRUST VIOLATIONS .......................................................................... 23
SECTION 41. COMPLIANCE REQUIREMENTS FOR A.R.S. § 41-4401—IMMIGRATION LAWS AND E-
VERIFY REQUIREMENT ................................................................................................................................... 24
SECTION 42. INSURANCE .................................................................................................................................. 24
SECTION 43. PRIVACY CONSIDERATIONS ................................................................................................. 26
SECTION 44. NOTICES ......................................................................................................................................... 27
SECTION 45. REGISTRATION WITH SOCIAL SERVE ................................................................................ 27
SECTION 46. ADOH SIGNAGE .......................................................................................................................... 27
SECTION 47. PHOTOGRAPHS ........................................................................................................................... 27
SECTION 48. STATE OF ARIZONA ................................................................................................................... 27
SECTION 49. A.R.S. § 35-393.01. ........................................................................................................................... 28
SECTION 50. A.R.S. § 1-501 RELATING TO FEDERAL PROGRAMS ........................................................ 28
Contract 535-25
FUNDING AGREEMENT
with
ARIZONA DEPARTMENT OF HOUSING
Table of Contents
REV. 07.01.2024
iii
ATTACHMENTS
A
Scope of Work
B
Performance Report/Schedule of Completion
C
Budget
D
Request for Payment Form
E
Special Conditions of the Agreement (per Notice of Funding Application or other conditions)
F
Certification and Other Requirements Relating to Title I or Title II Assistance
G
Authorizing Resolution(s)
H
Additional Provisions of the 2013 HOME Final Rule (Effective August 23, 2013)
Contract 535-25
Funding Agreement with
State of Arizona, Department of Housing
REV. 07.01.2024
1
AGREEMENT NO.
535-25
TERMINATION DATE
06/30/2026
FUNDING AGREEMENT
BETWEEN THE ARIZONA DEPARTMENT OF HOUSING
AND
THE CITY OF CHANDLER
FOR
HTF CITY OF CHANDLER PREVENTING HOUSING INSECURITY FLEX FUNDS (PHIFF)
This Funding Agreement is made by and between:
The Arizona Department of Housing (“ADOH”), located at, 1110 West Washington Street, Suite
280, Phoenix, Arizona 85007, acting pursuant to A.R.S. § 41-3953 and (please select applicable
funding source):
Title I of the Housing and Community Development Act of 1974, as amended
(Community Development Block Grant) (“CDBG”).
Title II of the National Affordable Housing Act of 1990, as amended (HOME Investments
Partnerships Program) (“HOME”).
A.R.S. § 41-3955 (State Housing Trust Fund) (“HTF”).
A.R.S. § 41-3957 (State Housing Program Fund) (“HPF”).
S.B. 1720 Homeless Shelter and Services Fund (“HSSF”).
The AIDS Housing Opportunity Act of 1992, as amended, 42 U.S.C. Section 12902
(Housing Opportunities for Persons with HIV/AIDS) (“HOPWA”).
Title IV Part 578 of the McKinney-Vento Homeless Assistance Act of 1987, as amended,
42 USC. 11301 et seq. and the Continuum of Care Program regulations as amended by the
Homeless Emergency Assistance and Rapid Transition to Housing (HEARTH) Act of 2009
(Continuum of Care) (“COC”).
Title I of the Housing and Economic Recovery Act of 2008, Section 1338 (Public Law 110-
289). (National Housing Trust Fund) (“NHTF”).
Part A of the Energy and Conservation in Existing Buildings Act of 1976, as amended and
42 U.S.C. Section 6861 (Department of Energy Weatherization Assistance Program for
Low Income Persons) (“DOE WAP”).
Contract 535-25
Funding Agreement with
State of Arizona, Department of Housing
REV. 07.01.2024
2
Title IV Energy Conservation and Production Act (ECPA), as amended; and 42 U.S.C.
Section 6861, et. seq. including WAP regulations contained in 10 CFR 440, DOE Financial
Assistance Rules at 2 CFR 200 and the Bipartisan Infrastructure Law (Infrastructure
Investment and Jobs Act), Public Law 117-58. (“DOE WAP BIL”).
H.R 2471, the Consolidated Appropriations Act, 2022 establishing the Weatherization
Readiness Fund (“DOE WRF”).
Low Income Energy Assistance Act of 1981, as amended, 42 U.S.C. Section 8621-8630,
(Low Income Home Energy Assistance Program) (“LIHEAP WAP”).
Southwest Gas Corporation, Weatherization Assistance Program (“SWG WAP”).
Arizona Public Service, Weatherization Assistance Program (“APS WAP”).
Salt River Project, Weatherization Assistance Program (“SRP WAP”).
Section 8071 of the SUPPORT for Patients and Communities Act. Pub. L. 115-271,
approved October 24, 2018 referred to as Recovery Housing Program (“RHP”).
Coronavirus State and Local Fiscal Recovery Funds, established by the American Rescue
Plan at 31 CFR Part 35 (“SLFRF” or “SFRF”)
and
THE CITY OF CHANDLER
(Entity)
An Arizona City (“Recipient”) W-9 #86-6000238, located at
235 S. ARIZONA AVENUE
Street
CHANDLER, AZ 85225
City State Zip
In consideration of the mutual representations and obligations hereunder,
ADOH and Recipient agree as follows:
Section 1. FUNDS PROVIDED
ADOH agrees to provide $343,387.00 in the following type of funds to Recipient in
accordance with this Agreement. ADOH is entitled to change the funding sources as described
in this section, in its sole discretion, so long as the total amount of funds to be disbursed is not
affected thereby.
Contract 535-25
Funding Agreement with
State of Arizona, Department of Housing
REV. 07.01.2024
3
CDBG, CFDA # 14.228, FAIN #
Federal Fiscal Year
$
HOME, CFDA # 14.239, FAIN #
Federal Fiscal Year
$
HTF
State Fiscal Year 2024
$343,387.00
HPF
State Fiscal Year
$
HSSF
State Fiscal Year
$
HOPWA, CFDA # 14.241, FAIN #
Federal Fiscal Year
$
COC, CFDA # 14.267, FAIN #
Federal Fiscal Year
$
NHTF, CFDA # 14.275, FAIN #
Federal Fiscal Year
$
DOE WAP, CFDA # 81.042, FAIN #
Federal Fiscal Year
$
DOE WAP BIL, CFDA # 81.042, FAIN #
Federal Fiscal Year
$
DOE WRF, CFDA # 81.042, FAIN #
Federal Fiscal Year
$
Contract 535-25
Funding Agreement with
State of Arizona, Department of Housing
REV. 07.01.2024
4
LIHEAP WAP (through ISA with AzDES); CFDA # 93.568, FAIN #
Federal Fiscal Year
$
SWG WAP
State Fiscal Year
$
APS WAP
State Fiscal Year
$
SRP WAP
State Fiscal Year
$
RHP; CFDA #14.228, FAIN #
State Fiscal Year
$
SFRF (through ISA with Office of the Governor): CFDA # 21.027, FAIN #
State Fiscal Year
$
Section 2. OTHER FUNDS
If applicable, Recipient agrees to secure funding other than that listed in Section 1 for the
completion of this Agreement as indicated in the Budget attached hereto as Attachment C.
ADOH reserves the right to rescind some or all of the funding committed through this Agreement
if other funding sources become unavailable.
Section 3. ACCEPTANCE OF FUNDS
Recipient hereby accepts the award of funds under the terms of this Agreement and agrees
to execute and return this Agreement to ADOH within thirty (30) days of receipt unless Recipient
receives a written waiver of this requirement by ADOH.
Section 4. DURATION
This Agreement shall be effective beginning on the date of execution by ADOH and shall
remain in effect until 06/30/2026 unless sooner terminated, extended or otherwise amended in
accordance with the terms of this Agreement.
Contract 535-25
Funding Agreement with
State of Arizona, Department of Housing
REV. 07.01.2024
5
Section 5. INCORPORATION OF TERMS FOR COMPLIANCE WITH PROGRAM
REQUIREMENTS AND APPLICABLE STATE AND FEDERAL LAW
Recipient shall carry out each activity in compliance with all applicable State and Federal
laws, Federal regulations and other requirements including, but not limited to, the provisions
indicated as marked below and hereby incorporated into this Agreement, as if fully set forth
herein. Also incorporated into this Agreement as applicable, are the terms of any resolution
authorizing Recipient's application for funds, which is attached hereto as Attachment G,
Authorizing Resolution(s) and any Special Conditions of the Agreement attached hereto as
Attachment E.
CDBG funds require adherence to the following provisions as revised: (1) 24 CFR Part
570; (2) Certification and Other Requirements Relating to Title I Assistance attached hereto as
Attachment F; (3) the provisions contained in the State of Arizona Consolidated Plan; (4)
ADOH ERR Handbook; (5) ADOH Labor Standards Handbook; (6) CDBG Application
Handbook; (7) CDBG Grant Administration Handbook; and (8) CDBG Procurement, Contracts
and Acquisition Handbook (collectively “the Incorporated Documents”) as each may be
amended from time to time. In the event of a conflict between the terms of this Agreement
and the terms of the Incorporated Documents, the terms of this Agreement shall govern.
HOME funds require adherence to the following provisions as revised: (1) 24 CFR Part
92; (2) Certification and Other Requirements Relating to Title II Assistance attached hereto as
Attachment F; (3) the provisions contained in the State of Arizona Consolidated Plan; (4)
ADOH ERR Handbook; (5) ADOH Labor Standards Handbook; and (6) the State Housing Fund
Program Summary and Application Guide.
HTF funds require adherence to the State Housing Fund Program Summary and Application
Guide as revised.
HPF funds require adherence to the Special Needs Housing Manual as revised.
HSSF funds require adherence to S.B. 1720 and the Notice of Funds Available issued for
acceptance of applications for HSSF funding.
COC funds require adherence to the following provisions as revised: (1) 24 CFR Part
578; and (2) the Special Needs Housing Manual.
HOPWA funds require adherence to the following provisions as revised: (1) 24 CFR Part
574; and (2) the Special Needs Housing Manual.
NHTF requires adherence to the following provisions as revised: (1) 24 CFR Parts 91 and
93, Housing Trust Fund Interim Rule; (2) the provisions contained in the State of Arizona
Consolidated Plan; (3) State Housing Fund Program Summary and Application Guide; (4) State
of Arizona Qualified Allocation Plan; and (5) National Housing Trust Fund Allocation Plan.
Contract 535-25
Funding Agreement with
State of Arizona, Department of Housing
REV. 07.01.2024
6
DOE WAP, DOE WAP BIL and DOE WRF funds require adherence to the following
provisions as revised: (1) 10 CFR Part 440 as revised; (2) the Arizona Weatherization
Assistance Program State Plan (State Plan); (3) Health and Safety Plan (HSD Plan); (4) the
Arizona Weatherization Policies and Procedures Handbook; (5) Arizona Weatherization
Assistance Program Field Guide; (6) Standard Work Specifications; and (7) DOE WPN 22-4
Quality Work Plan.
LIHEAP WAP funds require adherence to the following provisions: (1) 45 CFR Part 96 as
revised; (2) the Arizona Weatherization Assistance Program State Plan (State Plan); (3) Health
and Safety Plan (HSD Plan); (4) the Arizona Weatherization Policies and Procedures Handbook;
(5) Arizona Weatherization Assistance Program Field Guide; (6) Standard Work Specifications;
and (7) WAP Memorandum 15-10 Quality Management Plan.
SWG WAP, APS WAP or SRP WAP funds require adherence to the following provisions:
(1) the Arizona Weatherization Assistance Program State Plan (State Plan); (2) Health and Safety
Plan (HSD Plan); (3) the Arizona Weatherization Policies and Procedures Handbook; (4) Arizona
Weatherization Assistance Program Field Guide; (5) Standard Work Specifications; and (6) WAP
Memorandum 15-10 Quality Management Plan.
SFRF funds require adherence to the terms and conditions of the State Fiscal Recovery
Funds such that the following costs shall be paid to the Recipient for the protection of
homeless individuals and homeless families in the time of the COVID-19 crisis through
costs specifically outlined in the Scope of Work described in Section 6 below.
Section 6. SCOPE OF WORK
Recipient agrees to utilize all funds made available under this Agreement only for the
purpose of implementing the Scope of Work hereby incorporated into this Agreement and
described in Attachment A.
Revisions to Scope of Work. Recipient agrees to follow the procedures indicated as
marked below regarding changes to the Scope of Work.
Revisions to the Scope of Work that change the manner in which an activity is to be executed
or that change final outcome such as number of units, feet of utility line, number of households
served, square footage of building, etc. require written approval from ADOH. The following
substantial revisions to the Scope of Work require written amendment to this Agreement:
(a)
The purpose of the project changes;
(b)
The location of the project changes;
(c)
A project activity is added, deleted or altered such that it becomes a different
activity;
(d)
The beneficiary of any activity changes;
Contract 535-25
Funding Agreement with
State of Arizona, Department of Housing
REV. 07.01.2024
7
(e)
Recipient is requesting a change to the loan or grant terms. Recipient must submit
a written request for an Agreement amendment to ADOH, with a revised Scope of
Work attached;
(f)
The ownership entity changes; and
(g)
Any other changes that involve program requirements.
ADOH will respond to the written request within fourteen (14) business days.
Amendments may not be implemented until ADOH consents in writing and an amendment to
the Agreement has been executed.
Section 7. REPORTS
Recipient shall be responsible for providing various reports of all activities related to this
Agreement as identified below and as requested by ADOH or HUD. Recipient shall also provide
to ADOH any additional written information requested by ADOH in a timely manner and within
reasonable deadlines as shall be set by ADOH.
7.1
Performance Report. Recipient agrees to submit the ADOH Performance Report
respective of the types of projects indicated below and attached as Attachment B.
HOME, NHTF, HTF funded rental development projects (“Rental Projects”) or HPF
funded rapid rehousing projects: Recipient must submit a Bimonthly Performance Report
attached hereto as Attachment B. The Bimonthly Progress Report must be submitted to
ADOH on the 20th of January, March, May, July, September and November and address
activities of the preceding two (2) months (i.e. the January report covers the months of
November and December).
HOME, HTF and CDBG non-rental projects (“HOME, HTF and CDBG Non-Rental
Projects”). Recipient must submit a Monthly Progress Report attached hereto as Attachment
B. The Monthly Progress Report must be submitted to ADOH on the 20th of each month
and address activities of the preceding one (1) month (i.e. the July report covers the month
of June). Failure to submit timely Monthly Progress Reports will result in suspension of
payment reimbursement requests until such reports are brought current.
HSSF funded assistance for persons who are homeless (“Homeless Shelter and Services
Projects”). Recipient must submit a Quarterly Performance Report attached hereto as
Attachment B. The Quarterly Progress Report follows the state fiscal year from July 1
through June 30 and must be submitted to ADOH on the 20th day of October, January,
April and July and address activities of the preceding quarter (i.e. the October report
covers the months of July through September).
HOPWA funded rental assistance and services (“HOPWA Projects”). A Recipient of
HOPWA awarded funding shall administer said program in the contract term as set forth
in Section 4 and submit one (1) HUD Consolidated Annual Performance Evaluation Report
Contract 535-25
Funding Agreement with
State of Arizona, Department of Housing
REV. 07.01.2024
8
(CAPER) in accordance with the schedule set forth in Attachment B no later than sixty (60)
days following the end of Fiscal Year date which is June 30th annually.
COC funded assistance for persons who are homeless (“Homeless Projects”). ADOH is
required to administer the program during the contract term, which is synonymous with
the HUD grant term and as set forth in Section 4. Recipient must submit a Bimonthly
Performance Report attached hereto as Attachment B. The Bimonthly Progress Report must
be submitted to ADOH on the 20th of January, March, May, July, September and
November and address activities of the preceding two (2) months (i.e. the January report
covers the months of November and December). Recipient shall submit Annual Progress
Report (APR) data from HMIS to ADOH, no later than thirty (30) days following the
contract termination date listed on Page 1 of the Agreement.
DOE WAP, DOE WAP BIL, DOE WRF, LIHEAP WAP, SWG WAP, APS WAP and SRP
WAP funded projects (“Weatherization Projects”). Recipient must submit a Monthly
Performance Report attached hereto as Attachment B. The Monthly Performance Report
must be submitted to ADOH on the 30th (for the month of February, the last calendar day
of the month) of each month and address activities of the preceding month (i.e. the
January 30th report covers the month of December).
SFRF funded projects (“SFRF Projects”). Recipient must submit a Monthly Performance
Report attached hereto as Attachment B. The Monthly Performance Report must be
submitted to ADOH on the 30th of each month and address activities of the preceding
month (i.e. the April report covers the month of March).
7.2
Contract Closeout—Completion Reports and Post-Funding Audits. Recipient's
obligation to ADOH under this Agreement shall not end until all closeout requirements described
in this paragraph are completed. ADOH will notify Recipient in writing that a Completion Report
is due to ADOH within sixty (60) days of one (1) of the following occurrences:
(a)
The funds have been expended;
(b)
The Scope of Work has been completed;
(c)
The contract period set forth in this Agreement has expired; or
(d)
The Agreement has been otherwise terminated.
The Completion Report shall contain the information identified in the notice.
Following the receipt and approval of the Completion Report, ADOH will notify
Recipient in writing that the Agreement is administratively closed.
After the project is administratively closed, Recipient must submit all required audits to
ADOH. All audits for fiscal years in which Recipient received funds from ADOH must be
received, reviewed and found to be satisfactory by ADOH. In the event that ADOH determines
that any project costs described in a post-funding audit are unjustified or describe ineligible
activities, Recipient will be required to refund such monies back to ADOH.
Contract 535-25
Funding Agreement with
State of Arizona, Department of Housing
REV. 07.01.2024
9
Section 8. SCHEDULE OF COMPLETION
Recipient agrees to make progress with the Scope of Work in accordance with the Schedule
of Completion hereby incorporated into this Agreement and described in Attachment B.
Revisions to the Schedule of Completion. Recipient agrees to follow the procedures
indicated as marked below regarding changes to the Schedule of Completion.
Rental Projects funded with HOME or HTF. Recipient must notify ADOH of revisions
to the Schedule of Completion using the Bimonthly Performance Report, attached hereto as
Attachment B. To the extent that the changes cause the schedule timeline to be extended,
Recipient must submit a written request for a contract amendment to ADOH with a
revised Schedule of Completion attached. Contract amendment requests must be received
by ADOH a minimum of thirty (30) days prior to the contract expiration date. ADOH will
respond to the written request within fourteen (14) business days. Amendments may not
be implemented until ADOH consents in writing and an amendment to the Agreement
has been executed.
Non-Rental Projects funded with HOME, HTF and CDBG. Recipient must notify
ADOH of revisions to the Schedule of Completion using the Monthly Performance Report,
attached hereto as Attachment B. To the extent that the changes cause the schedule
timeline to be extended, Recipient must submit a written request for a contract
amendment to ADOH with a revised Schedule of Completion attached. Contract
amendment requests must be received by ADOH a minimum of thirty (30) days prior to
the contract expiration date. ADOH will respond to the written request within fourteen
(14) business days. Amendments may not be implemented until ADOH consents in
writing and an amendment to the Agreement has been executed.
Homeless Projects funded with HTF, HPF, HSSF or COC. To the extent that the changes
cause the schedule timeline to be extended, Recipient must submit a written request for a
contract amendment to ADOH with a revised Schedule of Completion and Performance Report
attached. Contract amendment requests must be received by ADOH a minimum of thirty
(30) days prior to the contract expiration date. ADOH will respond to the written request
within fourteen (14) business days. Amendments may not be implemented until ADOH
consents in writing and an amendment to the Agreement has been executed.
Weatherization. Projects funded with DOE WAP, DOE WAP BIL, DOE WRF, LIHEAP,
SWG WAP APS WAP and/or SRP WAP. Recipients will have twelve (12) months to
complete the Scope of Work with no extensions. ADOH may, based on a review of the
progress of Recipient completed units and expenditures, move funds from a non or under-
performing Recipient to a Recipient meeting or exceeding their performance goals.
ADOH will review the performance of the Recipient on a monthly basis. The first re-
Contract 535-25
Funding Agreement with
State of Arizona, Department of Housing
REV. 07.01.2024
10
allocation of funds if applicable would occur at approximately four (4) months with
additional re-allocations made on an as needed basis.
SFRF Projects. To the extent that the changes cause the schedule timeline to be extended,
Recipient must submit a written request for a contract amendment to ADOH with a
revised Schedule of Completion and Performance Report attached. Contract amendment
requests must be received by ADOH a minimum of thirty (30) days prior to the contract
expiration date. ADOH will respond to the written request within fourteen (14) business
days. Amendments may not be implemented until ADOH consents in writing and an
amendment to the Agreement has been executed.
Section 9. BUDGET
Recipient agrees to use the funds provided pursuant to this Agreement in accordance with
the Budget that is attached as Attachment C. Recipient further agrees that any project costs,
unless otherwise specified, exceeding the Budget shall be the sole responsibility of Recipient.
Availability of funding under this Agreement is contingent on final review and approval
of the Budget. Budgetary considerations for specific programs are described below:
CDBG Revisions to the Budget. Recipient must obtain written approval from ADOH to
move funds from one Budget Activity Line Item to another. The following substantial
revisions to the Budget require a contract amendment:
(a)
Funds are moved from one Budget Activity Line Item to another and the change in
the Budget Activity Line from which it is moved or to which it is being moved
exceeds fifty percent (50%), unless the move is from administration to a non-
administration activity, in which case only written notice without a contract
amendment is required;
(b)
Additional funding sources are added to the Project;
(c)
Recipient is requesting a change to the grant terms.
HOME, HOPWA, HPF, NHTF and HTF Revisions to the Budget. Recipient must obtain
prior written approval from ADOH to move funds from one Budget Activity Line Item to
another. ADOH will only approve changes to the Budget for eligible costs as outlined in
the State Housing Fund program. The following substantial revisions to the Budget
require a contract amendment:
(a)
Additional funding sources are added to the project which require a project to be re-
underwritten to determine gap;
(b)
Recipient is requesting a change to the loan terms.
Contract 535-25
Funding Agreement with
State of Arizona, Department of Housing
REV. 07.01.2024
11
HSSF and SFRF Revisions to the Budget. Recipient must obtain written approval from
ADOH to move funds from one Budget Activity Line Item to another. ADOH will only
approve changes to the Budget for eligible costs.
WEATHERIZATION Revisions to the Budget. Recipient must obtain written approval
from ADOH to move funds from one Budget Activity Line Item to another. ADOH will
only approve changes to the Budget for eligible costs. Administration, Technical
Assistance and Health and Safety line items cannot be increased unless the overall award
of funds increases.
See Section 10 for changes that affect the Budget.
Recipient shall not retain any funds that are drawn down in excess of immediate cash
needs (to be utilized within fifteen (15) days of draw down) to cover subsequent requests for
reimbursement and must return them to ADOH within thirty (30) days of receipt. Recipient must
also return to ADOH any interest that is earned on these funds that are drawn down and not
expended for eligible costs within fifteen (15) days of draw down.
Section 10. AMENDMENTS AND MODIFICATIONS
ADOH may consent to amendment or modification of this Agreement upon written
request of Recipient. All amendments or modifications to this Agreement shall be by mutual
consent of the parties in writing.
Requests for amendments or modifications that result in changes to the Budget must be
supported by a revised Budget that is otherwise consistent with Section 9.
ADOH will respond to the request for amendment or modification to this Agreement
within fourteen (14) business days.
Section 11. ENVIRONMENTAL REVIEW CONDITIONS
In accordance with 24 CFR 50 and 24 CFR 58 (“Environmental Review”), the
environmental effects of each activity carried out with federal funds must be assessed. Local
government entities are responsible for conducting environmental reviews and requesting a
release of funds from ADOH. Non-profits and other non-governmental entities are responsible
for conducting Environmental Reviews before ADOH requests a release of funds from HUD.
Completion of the Environmental Review Record (“ERR”) is mandatory before taking any
physical action on a site or entering into contracts. Only exempt activities such as architecture,
engineering and administration may be undertaken and reimbursed by ADOH prior to receiving
a written release of funds. Exempt activities described in 24 CFR 58.34(a)(1)-(11) are activities
that generally have no physical impact on the environment. If federal funds are involved in a
project, neither federal nor non-federal funds may be expended or committed by contract
(conditional or not) for property acquisition, rehabilitation, conversion, lease, repair or
Contract 535-25
Funding Agreement with
State of Arizona, Department of Housing
REV. 07.01.2024
12
construction activities, until HUD or ADOH has provided written authorization based on
approval of an ERR.
An option agreement (to purchase land) on a proposed site or property is allowable prior
to the completion of the Environmental Review if the option agreement is contingent upon an
ADOH or HUD authorization to use funds based on a completed ERR. The cost of the option
must be a nominal portion of the purchase price.
Projects funded solely with Housing Trust Funds do not require an ERR but are required
to meet the requirements of the State Historic Preservation Act by consulting with the State
Historic Preservation Office (SHPO). For State Housing Funded projects, Phase I Environmental
Assessments are required to be completed on properties for which new construction/change in
use is proposed, regardless of whether federal or state funds are the source of funding.
Expenditures incurred or obligated by construction contract prior to ADOH’s release of funds or
consultation with SHPO will not be reimbursed by ADOH.
Recipients who had committed or expended non-federal funds to begin a project before
receiving the authorization from ADOH or HUD may still be eligible to use federal funds on the
project under the following circumstances:
(a)
Recipients started the project without the intention of using federal assistance (i.e.
as evidenced by other anticipated funding, the original project budget, etc.);
(b)
All work on the project ceases once an application for federal funds is made and an
ERR is begun on all activities (i.e. acquisition, construction, etc.). ADOH or HUD
provides authorization to proceed based on the completed ERR.
WEATHERIZATION (DOE WAP, DOE WAP BIL, DOE WRF, LIHEAP WAP). DOE has
made a final NEPA determination for all activities under this Funding Agreement that are
listed in the State Plan formally approved by DOE and incorporated into this Funding
Agreement. Recipients are responsible for compliance with Section 106 pursuant to 36
CFR Part 800.2 (c)(4).
Section 12. APPLICATION AND OTHER PRE-AWARD COSTS
Recipient may use a portion of the funds provided hereunder to reimburse itself for
exempt activities pursuant to 24 CFR 58.34(a)(1)-(11) such as architecture, engineering, testing
and sampling of asbestos and capital needs assessments and environmental reviews.
CDBG. If Recipient is receiving funding under this Agreement from the CDBG program,
in accordance with federal procedures, Recipient may use funds provided hereunder to
reimburse it or to pay for costs incurred in preparing the application. In no event shall
such compensation exceed eighteen percent (18%) of the total funding provided to
Recipient by ADOH.
Contract 535-25
Funding Agreement with
State of Arizona, Department of Housing
REV. 07.01.2024
13
Section 13. COMPENSATION AND METHOD OF PAYMENT
Subject to availability of and receipt of funds from the State’s Unclaimed Property Fund
(for state HTF funds) and/or the United States Treasury (for HOME, CDBG, COC, NHTF
HOPWA, HSSF, DOE WAP, DOE WAP BIL, DOE WRF and LIHEAP WAP funds) and the
commitment of other required funding as indicated in Recipient's application, ADOH agrees to
reimburse or advance Recipient for authorized expenditures according to the Budget in
Attachment C.
Recipient must maintain invoices and other similar documentation to support payment
expenses under those generally accepted accounting principles and procedures approved by
ADOH and outlined in 2 CFR 200 as applicable; 24 CFR Parts 44, 92 and 570 as applicable; and 10
CFR 440 and 600 as applicable.
Recipient may request funds only after the date of the executed Agreement and other legal
documents as applicable, provided Recipient has satisfied ADOH funding contingencies and
federal Environmental Review conditions. Requests for reimbursement must be made using the
ADOH Request for Payment form hereby incorporated into this Agreement and attached as
Attachment D. For construction projects, Release of Lien documents must be attached to the
Request for Payment in amounts proportionate to contractor reimbursement requests.
Recipient must maintain proof of said expenditures including checks, payrolls, time
records, invoices, contracts, vouchers, orders and other accounting documents evidencing in
proper detail the nature and propriety of the respective charges as may be required by applicable
federal rules and regulations, including requirements by the Federal Office of Management and
Budget, and as may be otherwise reasonably required to permit ADOH to determine or confirm
that any such expenditures are prudent and within the Scope of Work.
Recipient’s right to incur expenses under this Agreement shall cease upon expiration of
this Agreement. All requests for reimbursement on expenditures made prior to expiration of this
Agreement must be requested within sixty (60) days after expiration. Unless expressly
authorized by ADOH in writing, expenditures not requested within the sixty (60) day period after
expiration of this Agreement shall be disallowed and all funds shall be reclaimed by ADOH.
Section 14. FUNDS RECOUPED BY RECIPIENT, INTEREST AND PROGRAM INCOME
14.1
Definitions. For purposes of this section, the following definitions shall apply:
“Funds Recouped by Recipient” means funds initially provided by ADOH to Recipient
under this Agreement and any matching contributions that are recouped by Recipient when: (1)
the funds provided by ADOH under this Agreement or matching contributions or the proceeds
of funds provided by ADOH (including, but not limited to, equipment or housing) do not
continue to be used for an approved purpose or eligible activity, as described in applicable law
Contract 535-25
Funding Agreement with
State of Arizona, Department of Housing
REV. 07.01.2024
14
or regulations, for the full period of affordability required by this Agreement; or (2) when a State-
assisted homeownership housing does not continue to be the principal residence of the assisted
homebuyer for the full affordability period required by this Agreement. Funds Recouped by
Recipient are subject to all the requirements of Program Income described below with the
exception that Recipient shall not use Funds Recouped by Recipient for administrative purposes.
For this reason, Recipient must separately account for all Funds Recouped by Recipient.
“Interest” means any compensation paid or to be paid for the use or deposit of the funds
provided by ADOH to Recipient under this Agreement.
“Program Income” means gross income received by Recipient directly generated from the
use of funds provided by ADOH under this Agreement. When Program Income is generated by
housing that is only partially assisted with funds provided by ADOH under this Agreement or
matching contributions, the income shall be prorated to reflect the percentage of funds provided
by ADOH under this Agreement. Program Income includes, but is not limited to, the following:
(1) proceeds from the disposition by sale or long-term lease of real property purchased or
improved with funds provided by ADOH under this Agreement; (2) gross income from the use
or rental of real or personal property acquired by Recipient with funds provided by ADOH under
this Agreement, less costs incidental to generation of the income; (3) payments of principal and
interest on loans made using funds provided by ADOH under this Agreement or matching
contributions; (4) proceeds from the sale of loans made with funds provided by ADOH under
this Agreement or matching contributions; (5) proceeds from sale of obligations secured by loans
made with funds provided by ADOH under this Agreement or matching contributions; (6)
Interest earned on Program Income pending its disposition; (7) proceeds from the disposition of
equipment purchased with CDBG funds; (8) gross income from the use or rental of real property,
owned by Recipient, that was constructed or improved with funds provided by ADOH under
this Agreement, less costs incidental to generation of the income; (9) if the funds provided by
ADOH under this Agreement are from the CDBG Program, funds collected through special
assessments made against properties owned and occupied by households not of low and
moderate income, where the assessments are used to recover all or part of the CDBG portion of a
public improvement; and (10) if the funds provided by ADOH under this Agreement are from
the HOME Program, any other interest or return on the investment permitted under 24 C.F.R.
Part 92.205(b) of HOME funds or matching contributions.
14.2
Use of Program Income and Funds Recouped by Recipient.
Recipient is not authorized by ADOH to retain and reuse Program Income, Funds
Recouped by Recipient or accrued Interest as described in the following paragraph(s) except as
authorized by ADOH through a written agreement.
Recipient must return all Program Income, Funds Recouped by Recipient and Interest to
ADOH within thirty (30) days of receipt.
Contract 535-25
Funding Agreement with
State of Arizona, Department of Housing
REV. 07.01.2024
15
Recipient must remit to ADOH any Program Income, Funds Recouped by Recipient or
Interest on hand at the time of expiration, cancellation, or termination of this Agreement or
subsequently received by Recipient within thirty (30) days of receipt by Recipient.
Section 15. DE-OBLIGATION, RECAPTURE AND REPAYMENT OF FUNDS
15.1
De-obligation. ADOH may reduce funds from the funding award evidenced by
this Agreement without regard to the source of funding, under the following circumstances: (1)
Recipient has completed performance under the Scope of Work (Attachment A) without using all
of the funds provided by ADOH under this Agreement; (2) this Agreement expires and not all
funds have been expended; (3) ADOH’s original allocation was a loan and Recipient or Sub-
recipient paid the loan; (4) Recipient, with the consent of ADOH, cancelled or changed an activity
required under the Scope of Work for reasons other than non-performance; or (5) Recipient receives
Program Income that has not been included in the budget or set forth in the Scope of Work; and (6)
this Agreement has otherwise been terminated. ADOH may de-obligate funds under this
Agreement under the foregoing circumstances upon written notice to Recipient.
15.2
Reallocation of De-obligated HOME or State HTF Funds. If the funds provided
by ADOH under this Agreement are from the State HTF or the HOME Program, ADOH may
reallocate funds that it has de-obligated under this Agreement as it determines in its sole
discretion.
15.3
Reallocation of De-obligated CDBG Funds. If the funds provided by ADOH
under this Agreement are from the CDBG Program, ADOH may reallocate funds that it has de-
obligated under this Agreement to Recipient from which the funds were de-obligated for use
under an existing or new funding contract of the same funding year if Recipient can immediately
commit the reallocated funds to a project and execute a new or amended funding contract within
sixty (60) calendar days of the reallocation. If ADOH is not able to reallocate funds that it has de-
obligated under this Agreement in accordance with the foregoing sentence of this subsection,
ADOH may reallocate those funds as it determines in its sole discretion.
15.4
Recapture. ADOH may reduce funds from the amount of the funding award
evidenced by this Agreement, without regard to the source of funding, under the following
circumstances: (1) ADOH determines that Recipient has failed to use the funds provided by
ADOH under this Agreement in compliance with the terms of this Agreement or the
requirements of applicable laws and regulations (non-compliance); or (2) Recipient fails to
perform in accordance with the performance obligations set forth in the Scope of Work (Attachment
A ) and the Schedule of Completion (Attachment B) or the terms of this Agreement. ADOH may
recapture funds under this Agreement under the foregoing circumstances upon written notice to
Recipient.
15.5
Reallocation of Recaptured Funds. ADOH may reallocate funds that it has
recaptured under this Agreement, without regard to the source of funding, as it determines in its
sole discretion.
Contract 535-25
Funding Agreement with
State of Arizona, Department of Housing
REV. 07.01.2024
16
15.6
Repayment of Funds. Recipient agrees to repay funds provided under this
contract if ADOH determines that Recipient has failed to use the funds provided by ADOH under
this Agreement in compliance with the terms of this Agreement or the requirements of applicable
laws and regulations. ADOH 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 180 days following the written determination of non-compliance by
ADOH.
Section 16. REVERSION OF ASSETS
16.1
Funds Remaining at Expiration. Upon expiration of this Agreement, Recipient
shall transfer to ADOH any unexpended funds advanced to Recipient by ADOH under this
Agreement.
16.2
Real Property Acquired or Improved with CDBG Funds. Upon expiration of this
Agreement, any real property under Recipient's control that was acquired or improved in whole
or in part with CDBG funds, for non-owner occupied use, provided to Recipient by ADOH under
this Agreement (including CDBG funds provided to Recipient in the form of a loan) in excess of
$25,000, shall either: (1) be used to meet one of the national objectives in 24 CFR Part 570.208 until
five (5) years after expiration of this Agreement, or for such longer period of time as determined
to be appropriate by Recipient; or (2) not be used in accordance with 24 CFR Part 570.503(b)(8)(i),
in which event Recipient shall pay to ADOH an amount equal to the current market value of the
property less any portion of the value attributable to expenditures of non-CDBG funds for the
acquisition of, or improvement to, the property. No payment is required after the period of time
specified in 24 CFR Part 570.503 (b)(8)(i).
16.3
Real Property Acquired or Improved with HOME Funds. Upon expiration of
this Agreement, any real property under Recipient's control that was acquired or improved in
whole or in part with HOME funds, for non-owner occupied uses, provided to Recipient by
ADOH under this Agreement (including funds provided to Recipient in the form of a loan), must
be occupied only by households that are eligible as low-income families and must meet the
requirements to qualify as affordable housing and is subject to encumbrances and obligations
described in any applicable Declaration of Conditions, Covenants and Restrictions (“CC&Rs”)
for the period of affordability set forth in 24 CFR Part 92.252.
16.4
Real Property Acquired or Improved with State Housing Trust Funds. Upon
expiration of this Agreement, any real property under Recipient's control that was acquired or
improved in whole or in part with state HTF funds, for non-owner occupied uses, provided to
Recipient by ADOH under this Agreement (including funds provided to Recipient in the form of
a loan), must be occupied only by households that are eligible as low-income families and must
meet the requirements to qualify as affordable housing and is subject to encumbrances and
obligations described in any applicable Declaration of CC&Rs for the period of affordability set
forth in the CC&Rs.
Contract 535-25
Funding Agreement with
State of Arizona, Department of Housing
REV. 07.01.2024
17
Section 17. DEPARTMENT OF HOUSING RESPONSIBILITIES
ADOH shall monitor and evaluate Recipient to determine compliance with and
performance under this Agreement. A summary of discrepancies noted by ADOH during
monitoring visits will be specified in writing. Appropriate time for correction of discrepancies
will be specified in the written report to Recipient. ADOH shall follow up on discrepancies to
ensure that they have been corrected in a timely manner. The failure of ADOH to require timely
performance of any provision of this Agreement shall in no way affect the right of ADOH
thereafter to enforce such provision nor shall the waiver of any succeeding breach of such
provision act as waiver of the provision itself.
ADOH shall provide reasonable technical assistance to assist Recipient to comply with
program requirements for the provision of services under this Agreement. However, this in no
way relieves Recipient of full responsibility for its acts or omissions in the performance of
activities required by this Agreement.
Section 18. SUBCONTRACTING
Recipient shall not disburse any funds received under this Agreement without fully
completed written agreements with subcontractors requiring they follow all provisions of this
Agreement and a completed Environmental Review pursuant to Section 11 of this Agreement.
The use of subcontractors does not relieve Recipient of responsibility for ensuring the
administration of the provided funds in accordance with all applicable program requirements.
Recipient is responsible for determining the adequacy of performance under subcontractor
agreements and procurement contracts and for taking appropriate action when performance
issues arise.
Section 19. FAILURE TO MAKE PROGRESS
Failure of Recipient to make progress according to the Schedule of Completion, attached
hereto as Attachment B may result in contract termination, de-obligation of funds or recapture of
funds. Recipient agrees to meet with ADOH at the site in which the funded activity is taking
place to discuss progress and allow ADOH to provide technical assistance if:
(a)
Recipient fails to begin work on its Environmental Review pursuant to Section 11
within the sixty (60) calendar days from the date ADOH executes this Agreement;
(b)
Recipient fails to expend any funds in performance of and in accordance with the
terms of this Agreement within ninety (90) calendar days from the inception date of
this Agreement.
ADOH will terminate any Agreement and recapture funds from the same Agreement in which
Recipient does not commence any of the activities described in the Scope of Work (Attachment A)
Contract 535-25
Funding Agreement with
State of Arizona, Department of Housing
REV. 07.01.2024
18
or fails to expend any funds in accordance with the Budget (Attachment C) within 180 calendar
days from the full execution date of this Agreement. ADOH may in its sole discretion, forgo
providing technical assistance and recapture funds as outlined in this Agreement under Section
15.4 hereof and/or terminate this Agreement for cause pursuant to Section 20 of this Agreement.
Section 20. TERMINATION FOR CAUSE
ADOH may terminate this Agreement in whole or in part at any time whenever it
determines that Recipient has failed to comply with the conditions hereof including, but not
limited to the Scope of Work set forth in Attachment A, Schedule of Completion set forth in
Attachment B and Budget set forth in Attachment C to this Agreement. If ADOH so determines,
it shall notify Recipient in writing by certified mail, return receipt requested, of such termination
for cause with such notification to include the reason(s) for the termination and the effective date
of termination. If ADOH terminates this Agreement pursuant to this Section, ADOH shall
recapture all funds allocated to Recipient under this Agreement pursuant to Section 15.4 hereof
and obtain repayment of funds expended pursuant to Section 15.6, hereof.
Section 21. TERMINATION FOR CONVENIENCE
ADOH or Recipient may terminate this Agreement in whole or part (one (1) or more
activities) if either party believes that continuation will not produce beneficial results. If ADOH
so determines, it shall notify Recipient in writing by certified mail, return receipt requested, of
such termination for convenience and the effective date of termination. If Recipient so
determines, it shall notify ADOH in writing by certified mail, return receipt requested, of such
termination for convenience and the effective date of termination. If ADOH terminates this
Agreement pursuant to this Section, ADOH shall de-obligate, recapture or receive repayment, as
applicable, all funds allocated to Recipient under this Agreement pursuant to Section 15 hereof.
Section 22. ENFORCEMENT
22.1
Remedies for Noncompliance. If Recipient materially fails to comply with any
term of this Agreement or applicable law, ADOH may take one or more of the following actions,
as appropriate in the circumstances:
(a)
Temporarily withhold cash payments pending correction of the deficiency by
Recipient or more severe enforcement action by the awarding agency;
(b)
Disallow (that is, deny both use of funds and matching credit for) all or part of the
cost of the activity or action not in compliance;
(c)
Wholly or partly suspend or terminate the award evidenced by this Agreement;
(d)
Withhold further awards to Recipient’s project funded by the award evidenced by
this Agreement;
(e)
Recapture funds and terminate contract;
(f)
Withhold future ADOH grant awards from all sources; or
(g)
Take other remedies that may be legally available.
Contract 535-25
Funding Agreement with
State of Arizona, Department of Housing
REV. 07.01.2024
19
22.2
Appealable Agency Action. Enforcement action taken under this section is an
appealable agency action pursuant to A.R.S., Title 41, Chapter 6, Article 10.
22.3
Effects of suspension and termination. Costs incurred by Recipient resulting
from obligations incurred by Recipient during a suspension or after termination of an award are
not allowable unless ADOH expressly authorizes them in the notice of suspension or termination
or subsequently.
22.4
Relationship to debarment and suspension. The enforcement remedies
identified in this section, including suspension and termination, do not preclude Recipient from
being subject to “Debarment and Suspension” under the United States President’s Executive
Order 12549.
Section 23. CANCELLATION
Pursuant to A.R.S. § 38-511, either party may, within three (3) years after its execution,
cancel this Agreement, without penalty or further obligation, if any person significantly involved
in initiating, negotiating, securing, drafting or creating this Agreement on behalf of the parties, 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 a consultant to any
party of this Agreement with respect to the subject matter of the contract. A cancellation notice
made pursuant to this provision shall be effective when Recipient receives written notice of the
cancellation unless the notice specifies a later time.
Section 24. RECORDS RETENTION
Pursuant to A.R.S. § 35-214, Recipient shall retain and require that its subcontractors retain
for inspection and audit by ADOH, all books, accounts, reports, files including information
regarding actual beneficiaries of the fund, and other records relating to the bidding and
performance of this Agreement for a period of five (5) years following the date of the letter
informing Recipient of the Administrative Closeout or termination.
CDBG funded projects only: All CDBG records must be retained for at least three (3)
years after the grant agreement close out between HUD and ADOH has been approved
by HUD. ADOH will notify recipients of the records retention date of expiration for
CDBG funded projects.
WEATHERIZATION projects only: All records must be retained for at least three (3)
years after the grant agreement close out between DOE or SWG and ADOH has been
approved. ADOH will notify recipients of the records retention date of expiration for
Weatherization projects.
Contract 535-25
Funding Agreement with
State of Arizona, Department of Housing
REV. 07.01.2024
20
Upon request by ADOH, Recipient shall produce a legible copy of all such records at the
Administrative Office of ADOH or at the Office of the Auditor General. The original records shall
be available and produced for inspection and audit when required by ADOH or the Auditor
General.
Recipient shall maintain records that adequately identify the source and application of the
funds provided under this Agreement (including Program Income and Recaptured Funds) as
part of the financial transactions of their funding program, consistent with generally accepted
accounting principles and the requirements of 2 CFR 200. Recipient will provide reports
regarding the capture and reuse of Program Income and Recaptured Funds as requested by
ADOH from time to time.
In addition, in the event that the project resulted in Recipient holding any liens or notes
as a result of this funding, Recipient must retain all pertinent records for five (5) years beyond the
expiration or release of such liens or notes.
Section 25. NO OBLIGATION OF STATE GENERAL APPROPRIATIONS FUNDS
Nothing herein shall be construed as obligating state general appropriation funds,
excepting HTF funds or HSSF funds per S.B. 1720, for payment of any debt or liability of any
nature arising hereunder. The parties expressly recognize that all payments to be made by ADOH
are from federal funds, HTF and HSSF funds made available to ADOH for this purpose.
Section 26. AVAILABILITY OF FUNDS
Payments under this Agreement are subject to the availability of the federal funds
provided to the ADOH for the HOME, CDBG, HOPWA, COC, NHTF, DOE WAP, DOE WAP
BIL, DOE WRF, LIHEAP, CCSNF and SFRF programs, the availability of state funds provided for
the state HTF, HPF and HSSF Programs and the availability of private funds provided for the
SWG WAP, APS WAP and SRP WAP programs. Every payment obligation of ADOH under this
Agreement is conditioned upon the availability of funds appropriated or allocated for the
payment of such obligation. If funds are not allocated and available for the continuance of this
Agreement, this Agreement may be terminated by ADOH at the end of the period for which
funds are available. No liability shall accrue to ADOH in the event this provision is exercised,
and ADOH shall not be obligated or liable for any future payments or for any damages as a result
of termination under this paragraph.
Section 27. APPLICABLE LAW AND ARBITRATION
This Agreement shall be governed and interpreted by the laws of the State of Arizona.
The parties to this Agreement agree to resolve all disputes arising out of or relating to this
Agreement through arbitration, after exhausting applicable administrative review, to the extent
required by A.R.S. § 12-1518 except as may be required by other applicable statutes.
Contract 535-25
Funding Agreement with
State of Arizona, Department of Housing
REV. 07.01.2024
21
Section 28. INDEMNIFICATION
To the extent permitted by law, each party (as ‘indemnitor’) agrees to indemnify, defend,
and hold harmless the other party (as ‘indemnitee’) from and against any and all claims, losses,
liability, costs, or expenses (including reasonable attorney's fees) (hereinafter collectively referred
to as ‘claims’) arising out of bodily injury of any person (including death) or property damage,
but only to the extent that such claims, which result in vicarious/derivative liability to the
indemnitee, are caused by the act, omission, negligence, misconduct, or other fault of the
indemnitor, its officers, officials, agents, employees, or volunteers. Each party’s obligations and
liabilities under this paragraph survive the expiration or termination of this Agreement.
Section 29. FEDERAL GOVERNMENT LIABILITY
It is agreed by all parties that the Federal Government and particularly the U.S.
Department of Housing and Urban Development (“HUD”) and the U.S. Department of Energy
(DOE) is not a party to this Agreement and that no legal liability on the part of the Federal
Government is inferred or implied under the terms of this Agreement.
Section 30. AUDIT
If federal funds are paid to Recipient through this Agreement, Recipient shall comply with
the audit requirements set forth in 2 CFR 200. Recipient shall comply with A.R.S. § 35-181.03 if
any state funds are paid through this Agreement. Recipient agrees to rectify issues identified in
audits within ADOH prescribed time periods. Failure to comply shall result in withholding of
all present and future ADOH provided funds.
Section 31. AUDIT EXCEPTIONS
If federal or state audit exceptions are made relating to this Agreement, Recipient shall
reimburse all costs incurred by the State of Arizona and ADOH associated with defending against
the audit exception or performing an audit or follow-up audit including but not limited to: audit
fees, court costs, attorney's fees based upon a reasonable hourly amount for attorneys in the
community, travel costs, penalty assessments and all other costs of whatever nature.
Immediately upon notification from ADOH, Recipient shall reimburse the amount of the
audit exception and any other related costs directly to ADOH as specified by ADOH in the
notification.
Section 32. UNALLOWABLE USE OF FUNDS
Recipient, its officers, employees and agents, shall not utilize any of the federal funds or
HTF provided under this Agreement to solicit or influence, or attempt to solicit or influence,
directly or indirectly, any member of Congress regarding pending or prospective legislation.
Contract 535-25
Funding Agreement with
State of Arizona, Department of Housing
REV. 07.01.2024
22
Section 33. INTEREST OF MEMBERS OF DEPARTMENT OF HOUSING AND OTHERS
No officer or employee of ADOH and no public official, employee or member of the
governing body of Recipient who exercises any functions or responsibilities in review or approval
of the undertaking or carrying out of this Agreement shall participate in any decision relating to
this Agreement which affects their personal interest or the interest of any corporation, partnership
or association in which they are directly or indirectly interested, or have any interest, direct or
indirect, in this Agreement or its proceeds.
Section 34. ACCESS TO RECORDS, PARTICIPANTS AND STAFF
Recipient agrees to provide ADOH and its representatives access at any reasonable time
to all participants and staff involved in this Agreement and to all records and reports involving
this Agreement.
Section 35. IDENTIFICATION OF DOCUMENTS
All materials used for public outreach and for informational purposes as a part of this
Agreement, other than documents exclusively for internal use by ADOH, shall identify the source
of federal (CDBG, HOME, NHTF, COC, HOPWA, DOE WAP, DOE WAP BIL, DOE WRF,
LIHEAP WAP, CCSNF, SFRF) or state (HTF, HPF, HSSF) funds or private funds (APS, SRP, SWG)
used as part of this Agreement as well as acknowledgement of support from ADOH.
Section 36. COPYRIGHT
Reports, maps or other documents produced in whole or in part under this Agreement
are works for hire and shall not be the subject of any application for copyright by or on behalf of
Recipient, by any employee or subcontractor of Recipient. Recipient shall advise ADOH or its
designee at the time of delivery of any copyrighted or copyrightable work furnished under this
Agreement, or any adversely held copyrighted or copyrightable material incorporated in any
such work and of any invasion of the right of privacy therein contained.
Section 37. RIGHTS IN DATA
ADOH may duplicate, use and disclose in any manner and for any purpose whatsoever,
within the limits established by federal and state laws and regulations, all information relating to
this Agreement.
Section 38. FUNDING CONDITIONS
ADOH will make the funding assistance available to Recipient upon execution of this
Agreement by the parties. The obligation and utilization of the funding assistance provided
through this Agreement are subject to the proper observation of the requirements incorporated
Contract 535-25
Funding Agreement with
State of Arizona, Department of Housing
REV. 07.01.2024
23
by reference. Recipient shall require any subcontracting entities to observe and follow all
provisions of this Agreement.
Section 39. NON-DISCRIMINATION
(a)
Recipient shall comply with A.R.S. § 41-1463 and Executive Orders 99-4 and 2009-
09, which prohibit Recipient from discriminating against persons, or depriving or
tending to deprive any individual of employment opportunities or otherwise
adversely affecting the individual's status as an employee on the basis of race, color,
religion, sex, age, national origin, disability or political affiliation and require
Recipient to take action to ensure that applicants are employed and that employees
are treated during employment without regard to race, color, religion, sex, age,
national origin, disability, or political affiliation. Recipient shall comply with all of
the other requirements of Executive Order 2009-09.
(b)
Recipient agrees to comply with Title VII of the Civil Rights Act of 1964, as amended.
Recipient shall also comply with applicable federal regulations that prohibit
discrimination in the employment or advancement in employment of qualified
persons with disabilities. Recipient shall comply with all applicable federal
regulations regarding equal employment opportunity and relevant orders issued by
the U.S. Secretary of Labor. Recipient agrees to comply, and will require any
subcontractor(s) to comply with applicable federal nondiscrimination requirements,
which may include: Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
§3789(d)); the Victims of Crime Act (42 U.S.C. §10604(e)); the Juvenile Justice and
Delinquency Prevention Act of 2002 (42 U.S.C. §5672(b)); the Civil Rights Act of 1964
(42 U.S.C. §2000(d)); Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §794);
Title II of the Americans with Disabilities Act of 1990 (42 U.S.C. §§12132); Title IX of
the Education Amendments of 1972 (20 U.S.C. §1681); the Age Discrimination Act
of 1975 (42 U.S.C. §6102); 28 C.F.R. pt. 35 (DOJ Regulations- Nondiscrimination on
the Basis of Disability in State and Local Government Services); 28 C.F.R. pt. 42 (DOJ
Regulations- Nondiscrimination; Equal Employment Opportunity; Policies and
Procedures); Executive Order 13279 (equal protection of the laws for faith-based and
community organizations); and 28 C.F.R. pt. 38 (DOJ Regulations- Equal Treatment
for Faith-Based Organizations).
Section 40. THIRD PARTY ANTITRUST VIOLATIONS
Recipient assigns to the State of Arizona any claim for overcharges resulting from antitrust
violations to the extent that such violations concern materials or services supplied by third parties
to Recipient toward fulfillment of this Agreement.
Contract 535-25
Funding Agreement with
State of Arizona, Department of Housing
REV. 07.01.2024
24
Section 41. COMPLIANCE REQUIREMENTS FOR A.R.S. § 41-4401—IMMIGRATION
LAWS AND E-VERIFY REQUIREMENT
(a)
Recipient warrants compliance with all Federal immigration laws and regulations
relating to employees and warrants its compliance with Section A.R.S. § 23-214,
Subsection A. (That subsection reads: “After December 31, 2007, every employer,
after hiring an employee, shall verify the employment eligibility of the employee
through the E-Verify program.”)
(b)
A breach of a warranty regarding compliance with immigration laws and
regulations shall be deemed a material breach of the contract and Recipient may be
subject to penalties up to and including termination of this Agreement.
(c)
The ADOH retains the legal right to inspect the papers of any employee who works
on this Agreement to ensure that Recipient or Recipient’s subcontractor is
complying with the warranty under paragraph (a).
Section 42. INSURANCE
During the contract period, Recipient shall purchase and maintain in full force the
following insurance. All certifications of insurance must provide for a thirty (30) day notice to
ADOH of cancellation, non-renewal or material change. Proof of insurance from Recipient shall
be provided to ADOH prior to execution of this contract and periodic certifications must be
furnished at the request of the Program Specialist.
Recipient and its subcontractors, at Recipient’s and subcontractors’ own expense, shall
purchase and maintain the herein stipulated minimum insurance with companies duly licensed,
possessing a current A.M. Best, Inc. Rating of A-, 7, local government insurance pools formed
pursuant to ARS 11-952.01 or other as approved by ADOH and licensed in the State of Arizona
with policies and forms satisfactory to ADOH.
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 this Agreement is completed satisfactorily
and formally accepted; failure to do so may, at the sole discretion of ADOH, constitute a material
breach of this Agreement.
Recipient’s insurance shall be primary insurance as respects ADOH and any insurance or
self-insurance maintained by ADOH shall not contribute to it.
Recipient shall not fail to comply with the claim reporting provisions of the insurance
policies or cause any breach of an insurance policy warranty, which would affect coverage
afforded under insurance policies to protect ADOH.
The insurance policies, except Worker’s Compensation, shall contain a waiver of transfer
of rights of recovery (subrogation) against ADOH, its agents, representatives, directors, officers
Contract 535-25
Funding Agreement with
State of Arizona, Department of Housing
REV. 07.01.2024
25
and employees for any claims arising out of Recipient’s acts, errors, mistakes, omissions, work or
service.
The insurance policies may provide coverage, which contain deductibles or self-insured
retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to
the coverage provided to ADOH under such policies. Recipient shall be solely responsible for
the deductible and/or self-insured retention, and ADOH, at its option, may require Recipient to
secure payment of such deductibles or self-insured retentions by a Surety Bond listing ADOH as
the Obligee or co-Obligee or an irrevocable and unconditional letter of credit.
ADOH reserves the right to request and to receive, within ten (10) working days, certified
copies of any or all of the herein required insurance policies and/or endorsements. ADOH shall
not be obligated, however, to review same or to advise Recipient of any deficiencies in such
policies and endorsements, and such receipt shall not relieve Recipient from, or be deemed a
waiver of ADOH’s right to insist on, strict fulfillment of Recipient’s obligations under this
Agreement.
The insurance policies, except Worker’s Compensation and Professional Liability,
required by this Agreement, shall name ADOH, its agents, representatives, officers, directors,
officials and employees as additionally insured.
42.1
Required Coverage
Commercial General Liability. Recipient shall maintain Commercial General Liability
insurance with a limit of not less than $1,000,000 for each occurrence with a $2,000,000
Products/Completed Operations Aggregate and a $2,000,000 General Aggregate Limit. The
policy shall include coverage for bodily injury, broad form property damage, personal injury,
products and completed operations and blanket contractual coverage. Coverage will be at least
as broad as Insurance Service Office, Inc. Policy Form CG 00011093 or any replacements thereof.
Such policy shall contain a severability of interest provision and shall not contain a sunset
provision or commutation clause, nor any provision that would serve to limit third party action
over claims. The Commercial General Liability additional insured endorsement shall be at least
as broad as the Insurance Service Office, Inc. Additional Insured, Form B, CG 20101185, and shall
include coverage for Recipient’s operations and products and completed operations.
Automobile Liability. Recipient shall maintain Commercial/Business Automobile
Liability insurance with a combined single limit for bodily injury and property damage of not
less than $1,000,000 each occurrence with respect to Recipient’s any auto, all owned autos,
scheduled autos, hired autos, non-owned autos assigned to or used in performance of Recipient’s
work. Coverage will be at least as broad as coverage code 1, “any auto”, (Insurance Service Office,
Inc. Policy Form CA 00011293, or any replacements thereof).
Worker’s Compensation. Recipient shall carry Worker’s Compensation insurance to
cover obligations imposed by federal and state statutes having jurisdiction of Recipient’s
Contract 535-25
Funding Agreement with
State of Arizona, Department of Housing
REV. 07.01.2024
26
employees engaged in the performance of the work or services; and Employer’s Liability
insurance of not less than $100,000 for each accident, $100,000 disease for each employee and
$500,000 disease policy limit.
In case any work is subcontracted, Recipient will require the subcontractor to provide
Worker’s Compensation and Employer’s Liability to at least the same extent as required of
Recipient.
42.2
Certificates of Insurance
Prior to commencing work or services under this Agreement, Recipient shall furnish
ADOH with Certificates of Insurance, or formal endorsements as required by this Agreement,
issued by Recipient’s insurer(s), as evidence that policies providing the required coverage,
conditions and limits required by this Agreement are in full force and effect.
In the event any insurance policy(s) required by this contract is (are) written on a “claims
made” basis, coverage shall extend for two (2) years past completion and acceptance of
Recipient’s work or services and as evidenced by annual Certificates of Insurance.
If a policy does expire during the life of this Agreement, a renewal certificate must be sent
to ADOH fifteen (15) days prior to the expiration date.
42.3
Cancellation and Expiration Notice
Insurance required herein shall not expire, be canceled, or materially changed without
thirty (30) days written notice to ADOH.
42.4
Self Insurance
The parties acknowledge that Recipient is self-insured and that such self-insurance
satisfies the requirements of this Section 42.
Section 43. PRIVACY CONSIDERATIONS
Recipients of federal funds (for the purpose of this section “federal funds” means funding
from the CDBG, HOME, HOPWA and COC programs; see Section 1, above) from ADOH warrant
and represent that commencing from the effective date of this Agreement and until the latest
expiration or termination date of any promissory note, deed of trust, declaration or other
agreement that secures the federal funds that are the subject of this Agreement, Recipient and
Recipient’s contractors shall comply with the requirements of the federal Privacy Act, 5 U.S.C. §
552a. Recipient warrants and represents that it has read and understands the requirements of the
Federal Privacy Act and requires the same of its contractors and subcontractors.
Contract 535-25
Funding Agreement with
State of Arizona, Department of Housing
REV. 07.01.2024
27
Section 44. NOTICES
When routine reports or correspondence is required to be sent to ADOH, it shall be
addressed to Arizona Department of Housing, to the attention of the assigned Program Specialist
at 1110 West Washington Street, Suite 280, Phoenix, Arizona 85007. Notices or correspondence
regarding material changes to the contract or requests for amendment shall be addressed to the
same. All correspondence regarding this Agreement must be identified by its ADOH Agreement
number (which is located on the top left hand corner of the first page of this Agreement).
When notice or correspondence is required to be sent to Recipient, it shall be addressed
to:
THE CITY OF CHANDLER
Entity
RIANN BALCH, COMMUNITY RESOURCES SENIOR MANAGER
Attention (if applicable)
MAIL STOP 600, P.O. BOX 4008,
Mailing Address
CHANDLER, AZ, 85244-4008
City State Zip
Section 45. REGISTRATION WITH SOCIAL SERVE
For new construction or rehabilitation of rental projects, Recipient agrees to register the
project with socialserve.com and keep the project listed with socialserve.com for the duration of the
period of affordability as indicated in the Conditions, Covenants and Restrictions.
Section 46. ADOH SIGNAGE
For new construction and rehabilitation projects, Recipient must erect a sign at the project
site indicating that the project is funded through the Arizona Department of Housing and indicate
the sources of funds. The sign must be a minimum size of twenty-four (24) inches high by thirty-
six (36) inches wide, include a minimum five (5) inch high ADOH logo and text printed at a
minimum seventy-two (72) point font. An individual ADOH sign does not have to be provided
if Recipient incorporates ADOH information into a larger group sign.
Section 47. PHOTOGRAPHS
For new construction and rehabilitation projects, Recipient is required to provide to
ADOH before and after photographs of the project in digital or film format.
Section 48. STATE OF ARIZONA
This Agreement shall be construed in accordance with the laws of the State of Arizona.
Contract 535-25
Funding Agreement with
State of Arizona, Department of Housing
REV. 07.01.2024
28
Section 49. WRITTEN CERTIFICATION UNDER A.R.S. § 35-393.01.
If the [Recipient] engages in for-profit activity and has ten (10) or more employees, and
if this Agreement has a value of $100,000 or more, then the [Recipient] certifies it is not
currently engaged in, and agrees for the durations 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.
Section 50. A.R.S. § 1-501 Relating to Federal Programs
Notwithstanding any other state law and to the extent permitted by federal law, any
person who applies for a federal public benefit that is administered by this state or a
political subdivision of this state and that requires participants to be citizens of the
United States, legal residents of the United States or otherwise lawfully present in the
United States shall submit required documentation to the entity that administers the
federal public benefit demonstrating lawful presence in the United States.
AGREED, effective as of the later date of the signatures of the duly authorized representatives
subscribed below:
THE STATE OF ARIZONA,
ARIZONA DEPARTMENT OF HOUSING
THE CITY OF CHANDLER,
RECIPIENT
BY:
BY:
Joan Serviss
Kevin Hartke
TITLE:
Director
TITLE:
Mayor
DATE:
DATE:
Contract 535-25
Approved as to Form:
By: ___________________________
City Attorney
Funding Agreement with
State of Arizona, Department of Housing
30
ATTACHMENT A
The City of Chandler
HTF City of Chandler Preventing Housing Insecurity Flex Funds (PHIFF)
ADOH Contract 535-25
Scope of Work
Summary:
The Arizona Department of Housing (ADOH) has set aside approximately $5 million in State
Housing Trust Funds (HTF) as flexible funding to further the reach of existing housing stability
and homelessness prevention under its Preventing Housing Insecurity Notice of Funding
Availability (NOFA). The goal of this program is to expand prevention activities, including
flexible funding, to qualified households (defined below) ‘at risk’ of homelessness but who are
able to demonstrate the ability to maintain housing after the one-time assistance.
The City of Chandler, Recipient, has been awarded $343,387.00 in HTF to administer this
Preventing Housing Insecurity Flexible Funds (PHIFF) program, in the City of Chandler,
Arizona, and surrounding areas in Maricopa County. This flexible funding program will allow
the City of Chandler to expand their existing housing stabilization and permanency programs.
These funds will be dedicated to direct financial assistance for eligible households. At minimum,
125 eligible individuals at or below 80% AMI will be served through this funding during the
period of performance.
Financial assistance must be for the purpose of participants obtaining or retaining housing and/or
eliminate barriers in obtaining or retaining housing. Verification of existing housing status is
required and must be documented appropriately. Recipient must use progressive engagement
to ensure that the least amount of funds possible are being used to prevent the household from
losing their housing. Recipient will assess and triage need and other eligible resources using
these flexible funds as an option of last resort. The use of these funds is limited to a one-time
payment per household of no more than $3,000 paid on behalf of the program participant to the
landlord, utility company, etc., and are not be used for ongoing assistance.
Recipient will provide case management components in its program design. These voluntary
services can include education, coaching, negotiation with vendors (landlords), budgeting and
financial management, legal referrals. Recipient will provide post-funding follow up at 3, 6, and
12 months via text, in person, virtual, and/or telephonic to determine the client’s housing status,
the impact of the funding and the need for additional connection to other programs.
Term:
The term of this Agreement shall be for one year, unless otherwise amended in accordance with
the terms of this Agreement, beginning July 01, 2024 and ending June 30, 2026.
Contract 535-25
Funding Agreement with
State of Arizona, Department of Housing
31
Target Population and Eligible Activities:
Qualified households are defined as households with a maximum income of 80% (eighty
percent) of Area Median Income (AMI). Verification of housing status and income required.
Program eligibility assessment should be completed to determine the type and amount of
financial assistance provided. Financial assistance provided through this funding is to be used
as an option of last resort or meets an immediate need that other funding sources are unable to
cover, and that the household is able to maintain housing after assistance.
Examples of eligible activities include:
● Past due or future rent (i.e., up to 1 month of rent)
● Past due and/or future utilities, utility deposits
● Move in assistance (movers, furniture, kitchenware, welcome boxes); rental
application fees, inspection/processing/admin fees, security/rental deposits, storage costs
● Pet deposits; one-time pet fees
● Legal fees/expenses, prior judgments
● Car repair, car payment
● Insurance payment
● ID costs/expenses
● Relocation to another community (pending confirmed housing opportunity)
● Clothing, including work uniforms and work supplies
● Employment-related expenses (starting job costs)
● Housing search/placement
● Air conditioning (repair/replace)
● Legal aid, credit repair
● Landlord engagement/mediation
Services include information and referral, financial assistance, and other non-financial case
management services including housing assistance, crisis management services, referrals to
legal aid, budgeting and financial management education materials.
Program Design:
•
Financial assistance must be for the purpose of clients obtaining or retaining housing
and/or eliminate barriers in obtaining or retaining housing.
o Verification of existing housing status required.
•
Implementing organization(s) should assess and triage for all available and eligible
resources and programs and connect the household to those resources thus enabling the
financial assistance provided through this flexible funds program to be used as an
option of last resort.
Contract 535-25
Funding Agreement with
State of Arizona, Department of Housing
32
•
Organizations must require that clients demonstrate that the flexible fund is the option
of last resort or meets an immediate need that other funding sources are unable to cover,
and that they are able to maintain housing after the assistance.
o Proper documentation should support this assistance.
•
Organizations must have and share, upon award, established policies and procedures
that are in place for outreach, coordination and service delivery.
•
Organizations must have, or establish upon award, defined processes and financial
controls to allow timely and accurate disbursement and documentation of financial
assistance with appropriate documentation.
•
Implementing organization(s) will provide case management components in its program
design. This can include education, coaching, negotiation with vendors (landlords),
budgeting and financial management, legal referrals.
•
Implementing organization(s) will provide post-funding follow up at 3, 6, or 12 months
via text, in person, virtual, and/or telephonic to determine the client’s housing status, the
impact of the funding and the need for additional connection to other programs.
Expenditure Rate:
Recipient shall submit for reimbursement of costs incurred during the contract period through
monthly Request for Payments (RFPs), Attachment D, for the preceding month’s expenses. All
RFPs must be accompanied by the appropriate supporting documentation (i.e. invoices, receipts,
payroll, rent roll/rosters, ledgers, etc.) or delays may occur. RFPs and supporting attachments are
to be sent through the Special Needs Portal (see note below).
Recipient acknowledges that late or inaccurate documents and expending less than ninety-five
percent (95%) of awarded contract funds may result in recapture or reallocation of funds.
Reporting:
ADOH will require that prevention providers track their performance quarterly on the
following measures.
o Demographics. Confirm distribution is consistent with at-risk population
o Quarterly reports should include the following quantitative data:
# of households (unduplicated) applied
# of households assisted
# (total) of people assisted (broken out by adults, children, and total)
Amount of assistance provided
Average dollars per household
Uses of the funds by category
Housing stability rate after 3 months, 6 months and 1 year
o Of the households presenting for assistance, the percentage that maintained
housing or were successfully prevented from housing instability;
Contract 535-25
Funding Agreement with
State of Arizona, Department of Housing
33
o Percentage of households that seek or return to emergency shelter within six
months after receiving prevention assistance;
o Percentage of households that require financial assistance to maintain housing
or to prevent housing instability.
o Qualitative Narrative Report: a brief description of activities performed,
including but not limited to, occurrences that caused variation from schedule,
changes to plans, unforeseen circumstances, program progress, successes and/or
barriers experienced, etc.
● Voluntary participation in future evaluation processes that are beginning to take place within
the housing community, led by Arizona’s philanthropic community, thus supporting the
learning of what effective prevention practices are.
A Note on Submitting Documents to ADOH Special Needs:
All documents submitted to ADOH Special Needs must be uploaded using the Special Needs
Portal located on the ADOH webpage. Documents should have a name that clearly identifies the
ADOH contract number, Project Name, and description of document (i.e. 510-21 CBI Gila County
PSH_July Payment Request_w_backup). Failure to do so could result in a delay as items may get lost
or are unable to be identified.
Certification:
By the signing of this contract, Recipient is certifying that the agency is not presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered
transactions by any Federal or state debarment agency.
Contract 535-25
HTF City of Chandler Preventing Housing Insecurity (PHIFF)
ATTACHMENT B
ADOH PERFORMANCE REPORT/SCHEDULE OF COMPLETION
Page 1of 2
Recipient
Submission Date mm/dd/yyyy
Contract No 535-25
Contract Period:
07/01/2024 - 06/30/2026
Reporting Month MM
Activity
Recipient Address
City Chandler
Contact Person
Zip Code 85225
Phone
Email
County Maricopa
Program Specialist
Email
Indicate adherence to contract or schedule changes Quarterly. Due by the 20th of the month following the Quarter end. See Below.
Contract Schedule
Contract Date
Complete Yes/No Modification Date (or N/A)
Program Start Date
7/1/2024
Submission of FY25 Quarter 1 Report
10/20/2024
Submission of FY25 Quarter 2 Report
1/20/2025
Submission of FY25 Quarter 3 Report
4/20/2025
Submission of FY25 Quarter 4 Report
7/20/2025
Submission of FY26 Quarter 1 Report
10/20/2025
Submission of FY26 Quarter 2 Report
1/20/2024
Submission of FY26 Quarter 3 Report
4/20/2026
Submission of FY26 Quarter 4 Report
7/20/2026
Project Complete - Contract Expires
6/30/2026
Project Final Request for Reimbursement and Close Out Reports Due
7/31/2026
Quarterly report:
Variations of this report can be generated and submitted for approval through your ADOH Housing Programs Contract Specialist.
Reports should include the following data:
Demographics. Confirm distribution is consistent with at-risk population.
Adults
Children
Total
3 months
6 months
1 year
Qualitative Narrative Report:
Recipient Authorized Signature
Date
# of households (unduplicated) applied for assistance
# of households assisted
# (total) of people assisted (broken out by adults, children, and total)
Amount of assistance provided
Printed Name & Title
Give a brief description of activities performed, including but not limited to, occurrences that caused variation from schedule, changes to plans, unforeseen circumstances, program
progress, successes and/or barriers experienced, etc. Describe how this flexible funding program is successfully maintaining housing stability, identifying housing opportunities, or
transitioning households into stable housing solutions. Share best practices and new learnings as well.
Average dollars per household
Uses of the funds by category
Housing Stability rate after 3 months, 6 months, and 1 year
Of the households presenting for assistance, the percentage that maintained housing or were successfully prevented from housing instability
Percentage of households that seek or return to emergency shelter within six months after receiving prevention assistance
Percentage of households that require financial assistance to maintain housing or to prevent housing instability
City of Chandler
HTF PHIFF Direct Assistance
235 S. Arizona Avenue
480-782-4316
Connie Howell
dylan.raymond@chandleraz.gov
connie.howell@azhousing.gov
Dylan Raymond – Senior Management Analyst
Budget
HTF City of Chandler Preventing Housing Insecurity (PHIFF)
BUDGET
Recipient City of Chandler
Date
Contract No 535-24
Contract Term: 07/01/2024 - 06/30/2026
Initial or Revision #
Initial
Activity
Recipient Address
City Chandler
Recipient Contact Person
ZIP 85225
Phone
Email
Fax
ADOH Program Specialist
Email
County Maricopa
b
c
d
e
f
g
h
Budget Line Item
HTF
Activity
2024
01 Administration
-
$
02 Direct Assistance
343,387.00
$
Total
343,387.00
$
-
$
Total Contract Amount:
343,387.00
$
Special Needs: 08.2024
Attachment C
HTF PHIFF Direct Assistance
dylan.raymond@chandleraz.gov
a
HDS
235 S. Arizona Avenue
Dylan Raymond – Senior Management Analyst
480-782-4316
Connie Howell
connie.howell@azhousing.gov
RFP
HTF City of Chandler Preventing Housing Insecurity (PHIFF)
Recipient
Date
XX/XX/XXXX
Contract No 535-25
Contract Term:
Pay Req. No/Mo/Yr
#XX MM/YY
Activity
Direct Wire Deposit
Yes No
Recipient Address
City Chandler
Recipient Contact Person
ZIP 85244-4008
Phone
Email
Fax
ADOH Program Specialist
Email
County Maricopa
b
c
d
e
f
g
h
Budget Line Item or
HTF
Total
Total Amount
Balance in
Amount of this
New
Activity No.
2024
Contract
Req. to Date
Account
Request
Balance
01 Administration
-
$
-
$
-
$
-
$
-
$
-
$
02 Direct Assistance
343,387.00
$
343,387.00
$
-
$
343,387.00
$
-
$
343,387.00
$
343,387.00
$
343,387.00
$
-
$
343,387.00
$
-
$
343,387.00
$
Recipient Authorized Signature (above)
Date
Current
Not Current
ADOH Program Specialist Approval
Date
Date
REV for SN: 07.2024
a
HDS
Total
Recipient Authorized Signature certifies that all activities undertaken by the contractor with funds provided under this contract have been carried out in accordance with the contract.
Submit via the Special Needs Portal no later than the 20th each month for the previous month's billing. Please allow up to 3 - 4 weeks for processing.
Contact Information if different from noted above:
Itemized Backup Statement (Sheet 2 of 2) must accompany this form. Include copies of invoices, receipts, cashed checks, and all other applicable backup documentation. Payment Requests must be signed (e-
sgnatures are permitted) prior to processing.
Attachment D
City of Chandler
dylan.raymond@chandleraz.gov
connie.howell@azhousing.gov
Connie Howell
480-782-4316
07/01/2024 - 06/30/2026
ARIZONA DEPARTMENT OF HOUSING REQUEST FOR PAYMENT SUMMARY SHEET PAGE 1 OF 2
HTF PHIFF Direct Assistance
Mail Stop 600, P.O. Box 4008
Dylan Raymond – Senior Management Analyst
For ADOH Use
Only
Printed Name & Title
Email:
Phone:
Performance Reports
ADOH Program Administrator Approval
HTF City of Chandler Preventing Housing Insecurity (PHIFF)
ARIZONA DEPARTMENT OF HOUSING REQUEST FOR PAYMENT - ITEMIZED PAYMENT STATEMENT PAGE 2 OF 2
Recipient
Date
XX/XX/XXXX
Contract No 535-25
Contract Term: 07/01/2024 - 06/30/2026
Pay Req. No
#XX MM/YY
Budget Line
Description of
Paid (or Payable) to
Date
Check #
Invoice
Balance
Name of Other
Item or
Expense (List in
Paid
Invoice
Amount
paid by
Source
Activity No
chronological order
PO
Charged to
Other
according to activity type)
HTF
Source
-
$
-
$
TOTALS:
-
$
-
$
City of Chandler
Direct Assistance
SUBTOTAL:
Page 1 of 2
form HUD-2992 (3/98)
Certification A: Certification Regarding Debarment, Suspension, and
Other Responsibility Matters - Primary Covered Transactions
1. The prospective primary participant certifies to the best of its knowl-
edge and belief that its principals;
a. Are not presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from covered transactions
by any Federal debarment or agency;
b. Have not within a three-year period preceding this proposal,
been convicted of or had a civil judgment rendered against them for
commission of fraud or a criminal offense in connection with obtain-
ing, attempting to obtain, or performing a public (Federal, State, or
local) transaction or contract under a public transaction; violation of
Federal or State antitrust statutes or commission of embezzlement, theft,
forgery, bribery, falsification, or destruction of records, making false
statements, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly
charged by a governmental entity (Federal, State, or local) with
commission of any of the offenses enumerated in paragraph (1)(b) of
this certification; and
d. Have not within a three-year period preceding this application/
proposal had one or more public transactions (Federal, State, or local)
terminated for cause or default.
2. Where the prospective primary participant is unable to certify to
any of the statements in this certification, such prospective participant
shall attach an explanation to this proposal.
Instructions for Certification (A)
1. By signing and submitting this proposal, the prospective primary
participant is providing the certification set out below.
2. The inability of a person to provide the certification required below
will not necessarily result in denial of participation in this covered
transaction. The prospective participant shall submit an explanation
of why it cannot provide the certification set out below. The certifi-
cation or explanation will be considered in connection with the
department or agency’s determination whether to enter into this
transaction. However, failure of the prospective primary participant to
furnish a certification or an explanation shall disqualify such person
from participation in this transaction.
3. The certification in this clause is a material representation of fact
upon which reliance was place when the department or agency deter-
mined to enter into this transaction. If it is later determined that the
prospective primary participant knowingly rendered an erroneous
certification, in addition to other remedies available to the Federal
Government, the department or agency may terminate this transaction
for cause of default.
4. The prospective primary participant shall provide immediate writ-
ten notice to the department or agency to whom this proposal is
submitted if at any time the prospective primary participant learns that
its certification was erroneous when submitted or has become errone-
ous by reason of changed circumstances.
5. The terms covered transaction, debarred, suspended, ineligible,
lower tier covered transaction, participant, person, primary cov-
ered transaction, principal, proposal, and voluntarily excluded, as
used in this clause, have the meanings set out in the Definitions and
Coverage sections of the rules implementing Executive Order 12549.
You may contact the department or agency to which this proposal is
being submitted for assistance in obtaining a copy of these regulations.
6. The prospective primary participant agrees by submitting this
proposal that, should the proposed covered transaction be entered into,
it shall not knowingly enter into any lower tier covered transaction
with a person who is debarred, suspended, declared ineligible, or
voluntarily excluded from participation in this covered transaction,
unless authorized by the department or agency entering into this
transaction.
7. The prospective primary participant further agrees by submitting
this proposal that it will include the clause titled “Certification
Regarding Debarment, Suspension, Ineligibility and Voluntary Exclu-
sion - Lower Tier Covered Transaction,” provided by the department
or agency entering into this covered transaction, without modification,
in all lower tier covered transactions and in all solicitations for lower
tier covered transactions.
8. A participant in a covered transaction may rely upon a certification
of a prospective participant in a lower tier covered transaction that it
is not debarred, suspended, ineligible, or voluntarily excluded from the
covered transaction, unless it knows that the certification is erroneous.
A participant may decide the method and frequency by which it
determines this eligibility of its principals. Each participant may, but
is not required to, check the Nonprocurement List.
9. Nothing contained in the foregoing shall be construed to require
establishment of a system of records in order to render in good faith the
certification required by this clause. The knowledge and information
of a participant is not required to exceed that which is normally
possessed by a prudent person in the ordinary course of business
dealings.
10.
Except for transactions authorized under paragraph (6) of these
instructions, if a participant in a covered transaction knowingly enters
into a lower tier covered transaction with a person who is suspended,
debarred, ineligible, or voluntarily excluded from participation in this
transaction, in addition to other remedies available to the Federal
Government, the department or agency may terminate this transaction
for cause of default.
Certification Regarding
Debarment and Suspension
U.S. Department of Housing
and Urban Development
Contract 535-25
Page 2 of 2
form HUD-2992 (3/98)
Certification B: Certification Regarding Debarment, Suspension, Ineli-
gibility and Voluntary Exclusion - Lower Tier Covered Transactions
1. The prospective lower tier participant certifies, by submission of
this proposal, that neither it nor its principals is presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation in this transaction by any Federal depart-
ment or agency.
2. Where the prospective lower tier participant is unable to certify to
any of the statements in this certification, such prospective participant
shall attach an explanation to this proposal.
Instructions for Certification (B)
1. By signing and submitting this proposal, the prospective lower tier
participant is providing the certification set out below.
2. The certification in this clause is a material representation of fact
upon which reliance was placed when this transaction was entered into.
If it is later determined that the prospective lower tier participant
knowingly rendered an erroneous certification, in addition to other
remedies available to the Federal Government, the department or
agency with which this transaction originated may pursue available
remedies, including suspension and/or debarment.
3. The prospective lower tier participant shall provide immediate
written notice to the person to which this proposal is submitted if at any
time the prospective lower tier participant learns that its certification
was erroneous when submitted or has become erroneous by reason of
changed circumstances.
4. The terms covered transaction, debarred, suspended, ineligible,
lower tier covered transaction, participant, person, primary cov-
ered transaction, principal, proposal, and voluntarily excluded, as
used in this clause, have the meanings set out in the Definitions and
Coverage sections of rules implementing Executive Order 12549. You
may contact the person to which this proposal is submitted for assis-
tance in obtaining a copy of these regulations.
5. The prospective lower tier participant agrees by submitting this
proposal that, should the proposed covered transaction be entered into,
it shall not knowingly enter into any lower tier covered transaction
with a person who is debarred, suspended, declared ineligible, or
voluntarily excluded from participation in this covered transaction,
unless authorized by the department or agency with which this trans-
action originated.
6. The prospective lower tier participant further agrees by submitting
this proposal that it will include this clause titled “Certification
Regarding Debarment, Suspension, Ineligibility and Voluntary Exclu-
sion - Lower Tier Covered Transaction,” without modification, in all
lower tier covered transactions and in all solicitations for lower tier
covered transactions.
7. A participant in a covered transaction may rely upon a certification
of a prospective participant in a lower tier covered transaction that it
is not debarred, suspended, ineligible, or voluntarily excluded from the
covered transaction, unless it knows that the certification is erroneous.
A participant may decide the method and frequency by which it
determines the eligibility of its principals. Each participant may, but
is not required to, check the Nonprocurement List.
8. Nothing contained in the foregoing shall be construed to require
establishment of a system of records in order to render in good faith the
certification required by this clause. The knowledge and information
of a participant is not required to exceed that which is normally
possessed by a prudent person in the ordinary course of business
dealings.
9. Except for transactions authorized under paragraph (5) of these
instructions, if a participant in a lower covered transaction knowingly
enters into a lower tier covered transaction with a person who is
suspended, debarred, ineligible, or voluntarily excluded from partici-
pation in this transaction, in addition to other remedies available to the
Federal Government, the department or agency with which this trans-
action originated may pursue available remedies including suspension
and/or debarment.
Applicant
Date
Signature of Authorized Certifying Official
Title
Contract 535-25