AMENDMENT NO. 1 CPLC PROJECT-PUEBLO APARTMENTS.PDF
Extracted text (via pymupdf)
66949 characters
Amendment No. 1
C-73-22-081-X-13
SERIAL 220166-RFP
AMENDMENT NO. 1
TO
SERIAL 220166-RFP, AFFORDABLE HOUSING DEVELOPMENT OPPORTUNITIES
BETWEEN
CHICANOS POR LA CAUSA, INC.
&
MARICOPA COUNTY
WHEREAS, Maricopa County, Arizona (“County”) and CHICANOS POR LA CAUSA, INC.
(“Contractor”) have entered into a Contract for the purchase of AFFORDABLE HOUSING
DEVELOPMENT OPPORTUNITIES dated June 22, 2022 (“Agreement”) County Contract No:
220166-RFP.
WHEREAS, County and Chicanos Por La Causa, Inc. have agreed to further modify the Agreement by
changing certain terms and conditions.
NOW, THEREFORE, in consideration of the foregoing, and for other good and valuable consideration,
receipt of which is hereby acknowledged, the parties hereto agree as follows:
1.
Approve Amendment No. 1 to the agreement RFP 220166-Affordable Housing
Development Opportunities, executed on June 22, 2022, between Chicanos Por La Causa,
Inc., and Maricopa County. The purpose of the Agreement is to increase the number
affordable housing units to address the affordable housing shortage.
2.
The purpose of the Amendment is to amend administrative portions of the agreement and
adjust the structure of the Agreement accordingly.
3.
Summary of changes:
Throughout the document, minor grammatical errors have been changed (e.g., articles,
etc.), and address the following:
-
Section 6.0 Department of Housing replaced with Human Services Department
-
Section 7.30.1.2.3 -Added “Proposed” to document title
-
Section 7.31 Updated Point of Contact
-
7.33 New Section: Administrative Change Orders
-
7.34 New Section: Forced Labor
-
Exhibit A - Updated contractor contact information and changed payment terms to
net 0
-
Exhibit B1 - Revised language
-
Exhibit B2 - Updated budget
-
Exhibit B3 - Added “Proposed” to document title
-
Exhibit C - Changed CFDA Number to Assistance Listing Number (ALN) and
removed DUNS Number and replaced with Unique Entity Identifier Number
(UEI)
-
Exhibit C - Section 17: Added “unless otherwise determined by the Human Services
Department but not to exceed a 5-year period per 2 CFR Part 200.330”
-
Exhibit D5 - Removed name of Assistant Director for Human Services Department
and added Housing and Community Development Manager’s title
Please see revisions following signature page
Amendment No. 1
C-73-22-081-X-13
SERIAL 220166-RFP
ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED
IN WITNESS WHEREOF, the Contract Amendment is executed on the date set forth below and executed
by Maricopa County.
Chicanos Por La Causa, Inc., LLC., an Arizona Non-Profit Corporation
AUTHORIZED SIGNATURE OF PRINCIPAL
PRINTED NAME AND TITLE
ADDRESS
DATE
MARICOPA COUNTY
CLINT HICKMAN, CHAIRMAN, BOARD OF SUPERVISORS
DATE
ATTESTED:
CLERK OF THE BOARD
DATE
APPROVED AS TO FORM:
DEPUTY COUNTY ATTORNEY
DATE
Amendment No. 1
C-73-22-081-X-13
SERIAL 220166-RFP
Revisions to contract in red. Only contract pages with revisions are included:
AFFORDABLE HOUSING DEVELOPMENT OPPORTUNITIES
220166-RFP
This Contract is entered into this 22nd day of June 2022 by and between Maricopa County
(“County”), a political subdivision of the State of Arizona, and Chicanos Por La Causa, Inc., an
Arizona non-profit corporation (“Contractor” or “Developer”).
1.0
CONTRACT TERM
This Contract is for a term of 2 years, beginning on the 22nd day of June 2022 and ending
the 30th day of June 2024; however, all applicable terms and conditions of this Contract,
and any Exhibits hereto, shall remain valid for the entire Affordability Period as defined in
Exhibit C, Special Terms and Conditions, attached hereto and made a part hereof.
(“Contractor” will be referred to in Exhibit C – Special Terms and Conditions, as
“Developer”).
2.0
OPTION TO RENEW
The County may, at its option and with the concurrence of the Contractor, renew the term
of this Contract up to a maximum of two years and six months. The Contractor shall be
notified in writing by the Office of Procurement Services of the County’s intention to renew
the Contract term at least 60 calendar days prior to the expiration of the original Contract
term.
3.0
SPECIAL TERMS AND CONDITIONS TERM
Special Terms and Conditions (Exhibit C) Developer’s Contract Termination Date: 30
years from the date of issue of Certificate of Occupancy.
4.0
CONTRACT COMPLETION
In preparation for Contract completion, the Contractor shall make all reasonable efforts for
an orderly transition of its duties and responsibilities to another provider and/or to the
County. This may include, but is not limited to, preparation of a transition plan and
cooperation with the County or other providers in the transition. The transition includes the
transfer of all records and other data in the possession, custody, or control of the
Contractor that are required to be provided to the County either by the terms of this
Amendment No. 1
C-73-22-081-X-13
SERIAL 220166-RFP
agreement or as a matter of law. The provisions of this clause shall survive the expiration
or termination of this agreement.
5.0
AVAILABILITY OF FUNDS
5.1
The provisions of this Contract relating to payment for services shall become
effective when funds assigned for the purpose of compensating the Contractor as
herein provided are actually available to County for disbursement. The County
shall be the sole judge and authority in determining the availability of funds under
this contract. County shall keep the Contractor fully informed as to the availability
of funds.
5.2
If any action is taken by, any State agency, Federal department, or any other
agency or instrumentality to suspend, decrease, or terminate its fiscal obligations
under, or in connection with, this contract, County may amend, suspend, decrease,
or terminate its obligations under, or in connection with, this contract. In the event
of termination, County shall be liable for payment only for services rendered prior
to the effective date of the termination, provided that such services are performed
in accordance with the provisions of this contract. County shall give written notice
of the effective date of any suspension, amendment, or termination under this
section, at least 10 days in advance.
6.0
DUTIES
The Contractor shall perform all duties stated in Exhibit B – Statement of Work, or as
otherwise directed in writing by the Department of Housing Human Services
Department, and the procurement officer (as applicable).
7.0
TERMS AND CONDITIONS
7.1
INDEMNIFICATION
7.1.1 To the fullest extent permitted by law, and to the extent that claims,
damages, losses, or expenses are not covered and paid by insurance
purchased by the Contractor, the Contractor shall defend, indemnify, and
hold harmless the County (as Owner), its agents, representatives, officers,
directors, officials, and employees from and against all claims, damages,
losses, and expenses (including, but not limited to attorneys' fees, court
costs, expert witness fees, and the costs and attorneys' fees for appellate
proceedings) arising out of, or alleged to have resulted from, the negligent
acts, errors, omissions, or mistakes of the Contractor, its agents,
representatives, employees, or subcontractors relating to the performance
of this Contract.
7.1.2 Contractor's duty to defend, indemnify, and hold harmless the County, its
agents, representatives, officers, directors, officials, and employees shall
arise in connection with any claim, damage, loss, or expense that is
attributable to bodily injury, sickness, disease, death, or injury to,
impairment of, or destruction of tangible property, including loss of use
resulting therefrom, caused by negligent acts, errors, omissions, or
mistakes in the performance of this contract, but only to the extent caused
Amendment No. 1
C-73-22-081-X-13
SERIAL 220166-RFP
by the negligent acts or omissions of the Contractor, a subcontractor,
anyone directly or indirectly employed by them, or anyone for whose acts
they may be liable, regardless of whether or not such claim, damage, loss,
or expense is caused in part by a party indemnified hereunder.
7.1.3 The amount and type of insurance coverage requirements set forth herein
will in no way be construed as limiting the scope of the indemnity in this
section.
7.1.4 The scope of this indemnification does not extend to the sole negligence of
County.
7.2
INSURANCE
7.2.1 Contractor, at Contractor’s own expense, shall purchase and maintain, at
a minimum, the herein stipulated insurance from a company or companies
duly licensed by the State of Arizona and possessing an AM Best, Inc.
category rating of B++. In lieu of State of Arizona licensing, the stipulated
insurance may be purchased from a company or companies, which are
authorized to do business in the State of Arizona, provided that said
insurance companies meet the approval of County. The form of any
insurance policies and forms must be acceptable to County.
7.2.2 All insurance required herein shall be maintained in full force and effect
until all work or service required to be performed under the terms of the
Contract is satisfactorily completed and formally accepted. Failure to do so
may, at the sole discretion of County, constitute a material breach of this
contract.
7.2.3 In the event that the insurance required is written on a claims-made basis,
Contractor warrants that any retroactive date under the policy shall precede
the effective date of this Contract and either continuous coverage will be
maintained, or an extended discovery period will be exercised for a period
of two years beginning at the time work under this Contract is completed.
7.2.4 Contractor’s insurance shall be primary insurance as respects County, and
any insurance or self-insurance maintained by County shall not contribute
to it.
7.2.5 Any failure to comply with the claim reporting provisions of the insurance
policies or any breach of an insurance policy warranty shall not affect the
County’s right to coverage afforded under the insurance policies.
7.2.6 The insurance policies may provide coverage that contains deductibles or
self-insured retentions. Such deductible and/or self-insured retentions shall
not be applicable with respect to the coverage provided to County under
such policies. Contractor shall be solely responsible for the deductible
and/or self-insured retention and County, at its option, may require
Contractor to secure payment of such deductibles or self-insured retentions
by a surety bond or an irrevocable and unconditional letter of credit.
Amendment No. 1
C-73-22-081-X-13
SERIAL 220166-RFP
7.2.7 The insurance policies required by this contract, except Workers’
Compensation and Errors and Omissions, shall name County, its agents,
representatives, officers, directors, officials, and employees as additional
insureds.
7.2.8 The policies required hereunder, except Errors and Omissions, shall
contain a waiver of transfer of rights of recovery (subrogation) against
County, its agents, representatives, officers, directors, officials, and
employees for any claims arising out of Contractor’s work or service.
7.2.9 If available, the insurance policies required by this Contract may be
combined with Commercial Umbrella Insurance policies to meet the
minimum limit requirements. If a Commercial Umbrella insurance policy is
utilized to meet insurance requirements, the Certificate of Insurance shall
indicate which lines the Commercial Umbrella Insurance covers.
7.2.9.1 Commercial General Liability
Commercial General Liability (CGL) insurance and, if necessary,
Commercial Umbrella insurance with a limit of not less than
$2,000,000 for each occurrence, $4,000,000
Products/Completed Operations Aggregate, and $4,000,000
General Aggregate Limit. The policy shall include coverage for
premises liability, bodily injury, broad form property damage,
personal injury, products and completed operations and blanket
contractual coverage, and shall not contain any provisions which
would serve to limit third party action over claims. There shall be
no endorsement or modifications of the CGL limiting the scope
of coverage for liability arising from explosion, collapse, or
underground property damage.
7.2.9.2 Errors and Omissions/Professional Liability Insurance
Errors and Omissions (Professional Liability) insurance which
will insure and provide coverage for errors or omissions or
professional liability of the Contractor, with limits of no less than
$2,000,000 for each claim.
7.2.9.3 Builder’s Risk (Property) Insurance
Contractor shall purchase and maintain, on a replacement cost
basis, Builders’ Risk insurance and, if necessary, Commercial
Umbrella insurance in the amount of the initial Contract amount,
as well as subsequent modifications thereto for the entire work
at the site. Such Builders’ Risk insurance shall be maintained
until final payment has been made or until no person or entity
other than County has an insurable interest in the property
required to be covered, whichever is earlier. This insurance shall
include interests of County, Contractor, and all subcontractors
and sub‐subcontractors in the work during the life of the
Contract and course of construction and shall continue until the
Amendment No. 1
C-73-22-081-X-13
SERIAL 220166-RFP
work is completed and accepted by County. For new
construction projects, Contractor agrees to assume full
responsibility for loss or damage to the work being performed
and to the structures under construction. For renovation
construction projects, Contractor agrees to assume
responsibility for loss or damage to the work being performed at
least up to the full Contract amount, unless otherwise required
by the Contract documents or amendments thereto. Builders’
Risk insurance shall be on a special form and shall also cover
false work and temporary buildings and shall insure against risk
of direct physical loss or damage from external causes including
debris removal, and demolition occasioned by enforcement of
any applicable legal requirements, and shall cover reasonable
compensation for architect’s service and expenses required as a
result of such insured loss and other “soft costs” as required by
the contract. Builders’ Risk insurance must provide coverage
from the time any covered property comes under Contractor’s
control and/or responsibility, and continue without interruption
during construction, renovation, or installation, including any
time during which the covered property is being transported to
the construction installation site and while on the construction or
installation site awaiting installation. The policy will provide
coverage while the covered premises or any part thereof are
occupied. Builders’ Risk insurance shall be primary, and any
insurance or self‐insurance maintained by the County is not
contributory. If the Contract requires testing of equipment or
other similar operations, at the option of County, Contractor will
be responsible for providing property insurance for these
exposures under a Boiler and Machinery insurance policy or the
Builders’ Risk Insurance policy.
7.2.10 Certificates of Insurance
7.2.10.1 Prior to Contract award, Contractor shall furnish the County with
valid and complete Certificates of Insurance, or formal
endorsements as required by the Contract in the form provided
by the County, issued by Contractor’s insurer(s), as evidence that
policies providing the required coverage, conditions and limits
required by this Contract are in full force and effect. Such
certificates shall identify this Contract number and title.
7.2.10.2 In the event any insurance policy(ies) required by this Contract is
(are) written on a claims-made basis, coverage shall extend for
two years past completion and acceptance of Contractor’s work
or services and as evidenced by annual certificates of insurance.
7.2.10.3 If a policy does expire during the life of the Contract, a renewal
certificate must be sent to County 15 calendar days prior to the
expiration date.
7.2.10.4 Certificate holder shall be identified as:
Amendment No. 1
C-73-22-081-X-13
SERIAL 220166-RFP
Maricopa County
c/o Risk Management
301 W Jefferson St., Suite 910
Phoenix, AZ 85003
7.2.11 Cancellation and Expiration Notice
Applicable to all insurance policies required within the insurance
requirements of this contract, Contractor’s insurance shall not be
permitted to expire, be suspended, be canceled, or be materially changed
for any reason without 30 days prior written notice to Maricopa County.
Contractor must provide to Maricopa County, within two business days of
receipt, if they receive notice of a policy that has been or will be
suspended, canceled, materially changed for any reason, has expired, or
will be expiring. Such notice shall be sent directly to Maricopa County
Office of Procurement Services and shall be mailed, or hand delivered to
160 S. 4th Avenue, Phoenix, AZ 85003, or emailed to the procurement
officer noted in the solicitation.
7.3
TERMINATION FOR CONVENIENCE
Maricopa County may terminate the resultant Contract for convenience by
providing 60 calendar days advance notice to the Contractor.
7.4
TERMINATION FOR DEFAULT
7.4.1 The County may, by written Notice of Default to the Contractor, terminate
this Contract in whole or in part if the Contractor fails to:
7.4.1.1 perform the services within the time specified in this Contract or
any extension;
7.4.1.2 make progress, so as to endanger performance of this contract;
or
7.4.1.3 perform any of the other provisions of this contract.
7.4.2 The County’s right to terminate this Contract under these subparagraphs
may be exercised if the Contractor does not cure such failure after receipt
of a Notice to Cure from the procurement officer specifying the failure and
time frame allowed in which to remedy.
7.5
PERFORMANCE
It shall be the Contractor’s responsibility to meet the proposed performance
requirements.
7.6
STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF INTEREST
Notice is given that, pursuant to A.R.S. § 38-511, the County may cancel any
Amendment No. 1
C-73-22-081-X-13
SERIAL 220166-RFP
Contract without penalty or further obligation within three years after execution of
the contract, if any person significantly involved in initiating, negotiating, securing,
drafting, or creating the Contract on behalf of the County is at any time, while the
Contract or any extension of the Contract is in effect, an employee or agent of
any other party to the Contract in any capacity or consultant to any other party of
the Contract with respect to the subject matter of the contract. Additionally,
pursuant to A.R.S. § 38-511, the County may recoup any fee or commission paid
or due to any person significantly involved in initiating, negotiating, securing,
drafting, or creating the Contract on behalf of the County from any other party to
the Contract arising as the result of the contract.
7.7
ASSIGNMENT
The Contractor may not assign to another party for performance of the terms and
conditions hereof without the written consent of the County. All correspondence
authorizing assignment must reference the Contract serial number and identify
the job or project.
7.8
AMENDMENTS
All amendments to this Contract shall be in writing and approved/signed by both
parties. Maricopa County Board of Supervisors shall be responsible for approving
all amendments for Maricopa County.
7.9
RIGHTS IN DATA
7.9.1 The County shall have the use of data and reports resulting from a Contract
without additional cost or other restriction except as may be established by
law or applicable regulation. Each party shall supply to the other party,
upon request, any available information that is relevant to a Contract and
to the performance thereunder.
7.9.2 Data, records, reports, and all other information generated for the County
by a third party as the result of a Contract are the property of the County
and shall be provided in a format designated by the County or shall be and
remain accessible to the County into perpetuity.
7.10
ACCESS TO AND RETENTION OF RECORDS FOR THE PURPOSE OF AUDIT
AND/OR OTHER REVIEW
7.10.1 In accordance with Section MC1-373 of the Maricopa County Procurement
Code, the Contractor agrees to retain (physical or digital copies of) all
books, records, accounts, statements, reports, files, and other records and
back-up documentation relevant to this Contract for six years after final
payment or until after the resolution of any audit questions, which could be
more than six years, whichever is longest. The County, Federal or State
auditors and any other persons duly authorized by the department shall
have full access to and the right to examine, copy, and make use of, any
and all said materials.
Amendment No. 1
C-73-22-081-X-13
SERIAL 220166-RFP
7.10.2 If the Contractor’s books, records, accounts, statements, reports, files, and
other records and back-up documentation relevant to this Contract are not
sufficient to support and document that requested services were provided,
the Contractor shall reimburse Maricopa County for the services not so
adequately supported and documented.
7.11
AUDIT DISALLOWANCES
If at any time it is determined by the County that a cost for which payment has
been made is a disallowed cost, the County shall notify the Contractor in writing
of the disallowance. The course of action to address the disallowance shall be at
sole discretion of the County, and may include either an adjustment to future
invoices, request for credit, request for a check, or a deduction from current
invoices submitted by the Contractor equal to the amount of the disallowance, or
to require reimbursement forthwith of the disallowed amount by the Contractor by
issuing a check payable to Maricopa County.
7.12
STRICT COMPLIANCE
Acceptance by County of a performance that is not in strict compliance with the
terms of the Contract shall not be deemed to be a waiver of strict compliance
with respect to all other terms of the contract.
7.13
VALIDITY
The invalidity, in whole or in part, of any provision of this Contract shall not void
or affect the validity of any other provision of the contract.
7.14
SEVERABILITY
The removal, in whole or in part, of any provision of this Contract shall not void or
affect the validity of any other provision of this contract.
7.15
NON-DISCRIMINATION
Contractor agrees to comply with all provisions and requirements of Arizona
Executive Order 2009-09, including flow down of all provisions and requirements
to any subcontractors. Executive Order 2009-09 supersedes Executive Order 99-
4 and amends Executive Order 75-5 and is hereby incorporated into this Contract
as if set forth in full herein. During the performance of this contract, Contractor
shall not discriminate against any employee, client, or any other individual in any
way because of that person’s age, race, creed, color, religion, sex, disability, or
national origin. (Arizona Executive Order 2009-09 can be downloaded from the
Arizona Memory Project at
http://azmemory.azlibrary.gov/cdm/singleitem/collection/execorders/id/680/rec/1.)
7.16
WRITTEN CERTIFICATION PURSUANT to A.R.S. § 35-393.01
If Contractor or any subcontractor employed for the work engages in for-profit
activity and has 10 or more employees, Contractor certifies it is not currently
engaged in, and agrees for the duration of this agreement to not engage in, a
boycott of goods or services from Israel. This certification does not apply to a
Amendment No. 1
C-73-22-081-X-13
SERIAL 220166-RFP
boycott prohibited by 50 U.S.C. § 4842 or a regulation issued pursuant to 50
U.S.C. § 4842.
7.17
DUNS NUMBER AND SYSTEM FOR AWARD MANAGEMENT REGISTRATION
Funding for activities under this Contract are provided through under the
American Rescue Plan Act – Coronavirus State and Local Fiscal Recovery
Funds Assistance Listing Number (ALN) 21.027. All Contractors that receive
Federal funding must obtain a Data Universal Numbering System (DUNS)
number through http://fedgov.dnb.com/webform. Contractor must also be
registered and remain current with the System for Award Management (SAM) at
www.sam.gov, a database of basic business information for Contractors that
receive Federal funds.
7.18
CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
7.18.1 The undersigned (authorized official signing on behalf of the Contractor)
certifies to the best of his or her knowledge and belief that the Contractor,
its current officers, and directors:
7.18.1.1 are not presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from being awarded
any Contract or grant by any United States department or agency
or any state, or local jurisdiction;
7.18.1.2 have not within a three-year period preceding this contract:
7.18.1.2.1 been convicted of fraud or any criminal offense in
connection with obtaining, attempting to obtain, or as
the result of performing a government entity (Federal,
State or local) transaction or contract; or
7.18.1.2.2 been convicted of violation of any Federal or State
antitrust statutes or conviction for embezzlement,
theft, forgery, bribery, falsification or destruction of
records, making false statements, or receiving stolen
property regarding a government entity transaction or
contract;
7.18.1.2.3 are not presently indicted or criminally charged by a
government entity (Federal, State or local) with
commission of any criminal offenses in connection
with obtaining, attempting to obtain, or as the result of
performing a government entity public (Federal, State
or local) transaction or contract;
7.18.1.3 are not presently facing any civil charges from any governmental
entity regarding obtaining, attempting to obtain, or from
performing any governmental entity Contract or other transaction;
and
Amendment No. 1
C-73-22-081-X-13
SERIAL 220166-RFP
7.18.1.4 have not within a three-year period preceding this Contract had
any public transaction (Federal, State or local) terminated for
cause or default.
7.18.2 If any of the above circumstances described in the paragraph are
applicable to the entity submitting a bid for this requirement, include with
your bid an explanation of the matter including any final resolution.
7.18.3 The Contractor shall include, without modification, this clause in all lower
tier covered transactions (i.e. transactions with subcontractors or sub-
subcontractors) and in all solicitations for lower tier covered transactions
related to this contract. If this clause is applicable to a subcontractor or sub-
subcontractor, the Contractor shall include the information required by this
clause with their bid.
7.19
VERIFICATION REGARDING COMPLIANCE WITH A.R.S. § 41-4401 AND
FEDERAL IMMIGRATION LAWS AND REGULATIONS
7.19.1 By entering into the contract, the Contractor warrants compliance with the
Immigration and Nationality Act (INA using E-Verify) and all other Federal
immigration laws and regulations related to the immigration status of its
employees and A.R.S. § 23-214(A). The Contractor shall obtain statements
from its subcontractors certifying compliance and shall furnish the
statements to the procurement officer upon request. These warranties shall
remain in effect through the term of the contract. The Contractor and its
subcontractors shall also maintain Employment Eligibility Verification forms
(I-9) as required by the Immigration Reform and Control Act of 1986, as
amended from time to time, for all employees performing work under the
Contract and verify employee compliance using the E-Verify system and
shall keep a record of the verification for the duration of the employee’s
employment or at least three years, whichever is longer. I-9 forms are
available for download at www.uscis.gov.
7.19.2 The County retains the legal right to inspect documents of Contractor and
subcontractor employees performing work under this Contract to verify
compliance with paragraph 7.19.1 of this section. Contractor and
subcontractor shall be given reasonable notice of the County’s intent to
inspect and shall make the documents available at the time and date
specified. Should the County suspect or find that the Contractor or any of
its subcontractors are not in compliance, the County will consider this a
material breach of the Contract and may pursue any and all remedies
allowed by law, including, but not limited to: suspension of work,
termination of the Contract for default, and suspension and/or debarment
of the Contractor. All costs necessary to verify compliance are the
responsibility of the Contractor.
7.20
CONTRACTOR Employee Whistleblower Rights and Requirement To INFORM
EMPLOYEES of Whistleblower Rights
7.20.1 The parties agree that this Contract and employees working on this
Contract will be subject to the Contractor employee whistleblower
Amendment No. 1
C-73-22-081-X-13
SERIAL 220166-RFP
protections established by Title 41 U.S.C. § 4712 and Section 3.908 of the
Federal Acquisition Regulation.
7.20.2 Contractor shall inform its employees in writing, in the predominant
language of the workforce, of employee whistleblower rights and
protections under 41 U.S.C. § 4712, as described in Section 3.908 of the
Federal Acquisition Regulation. Documentation of such employee
notification must be kept on file by Contractor and copies provided to
County upon request.
7.20.3 Contractor shall insert the substance of this clause, including this
paragraph, in all subcontracts over the simplified acquisition threshold
($250,000 as of fiscal year 2018).
7.21
CONTRACTOR LICENSE REQUIREMENT
The Contractor shall procure all permits, insurance, and licenses, and pay the
charges and fees necessary and incidental to the lawful conduct of his/her
business, and as necessary complete any requirements, by any and all
governmental or non-governmental entities as mandated to maintain compliance
with and remain in good standing. The Contractor shall keep fully informed of
existing and future trade or industry requirements, and Federal, State, and local
laws, ordinances, and regulations which in any manner affect the fulfillment of a
Contract and shall comply with the same. Contractor shall immediately notify
both Office of Procurement Services and the department of any and all changes
concerning permits, insurance, or licenses.
7.22
INFLUENCE
7.22.1 As prescribed in MC1-1203 of the Maricopa County Procurement Code,
any effort to influence an employee or agent to breach the Maricopa County
Ethical Code of Conduct or any ethical conduct, may be grounds for
disbarment or suspension under MC1-902.
7.22.2 An attempt to influence includes, but is not limited to:
7.22.2.1 A person offering or providing a gratuity, gift, tip, present,
donation, money, entertainment or educational passes or tickets,
or any type of valuable contribution or subsidy that is offered or
given with the intent to influence a decision, obtain a contract,
garner favorable treatment, or gain favorable consideration of any
kind.
7.22.3 If a person attempts to influence any employee or agent of Maricopa
County, the chief procurement officer, or his designee, reserves the right
to seek any remedy provided by the Maricopa County Procurement Code,
any remedy in equity or in the law, or any remedy provided by this contract.
7.23
CONFIDENTIAL INFORMATION
Amendment No. 1
C-73-22-081-X-13
SERIAL 220166-RFP
7.23.1 Any information obtained in the course of performing this Contract may
include information that is proprietary or confidential to the County. This
provision establishes the Contractor’s obligation regarding such
information.
7.23.2 The Contractor shall establish and maintain procedures and controls that
are adequate to assure that no information contained in its records and/or
obtained from the County or from others in carrying out its functions
(services) under the Contract shall be used by or disclosed by it, its agents,
officers, or employees, except as required to efficiently perform duties
under the contract. The Contractor’s procedures and controls, at a
minimum, must be the same procedures and controls it uses to protect its
own proprietary or confidential information. If, at any time during the
duration of the contract, the County determines that the procedures and
controls in place are not adequate, the Contractor shall institute any new
and/or additional measures requested by the County within 15 business
days of the written request to do so.
7.23.3 Any requests to the Contractor for County proprietary or confidential
information shall be referred to the County for review and approval, prior to
any dissemination.
7.24
PUBLIC RECORDS
Under Arizona law, all offers submitted and opened are public records and must
be retained by the County at the Maricopa County Office of Procurement
Services. Offers shall be open to public inspection and copying after Contract
award and execution, except for such offers or sections thereof determined to
contain proprietary or confidential information by the Office of Procurement
Services. If an offeror believes that information in its offer or any resulting
Contract should not be released in response to a public record request, under
Arizona law, the offeror shall indicate the specific information deemed
confidential or proprietary and submit a statement with its offer detailing the
reasons that the information should not be disclosed. Such reasons shall include
the specific harm or prejudice which may arise from disclosure. The records
manager of the Office of Procurement Services shall determine whether the
identified information is confidential pursuant to the Maricopa County
Procurement Code.
7.25
INTEGRATION
This Contract represents the entire and integrated agreement between the
parties and supersedes all prior negotiations, proposals, communications,
understandings, representations, or agreements, whether oral or written,
expressed, or implied.
7.26
UNIFORM ADMINISTRATIVE REQUIREMENTS
By entering into this contract, the Contractor agrees to comply with all applicable
provisions of Title 2, Subtitle A, Chapter II, Part 200—UNIFORM
ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT
Amendment No. 1
C-73-22-081-X-13
SERIAL 220166-RFP
REQUIREMENTS FOR FEDERAL AWARDS contained in Title 2 C.F.R. § 200 et
seq.
7.27
GOVERNING LAW
This Contract shall be governed by the laws of the State of Arizona. Venue for
any actions or lawsuits involving this Contract will be in Maricopa County
Superior Court, Phoenix, Arizona.
7.28
SPECIAL TERMS AND CONDITIONS AGREEMENT
Special terms and conditions can be found in Exhibit C – SPECIAL TERMS AND
CONDITIONS which are incorporated herein and made a part hereof.
7.29
ORDER OF PRECEDENCE
If there is any conflict between the terms of this Contract and any exhibit to this
Contract, unless otherwise specified, the terms of this Contract shall prevail.
7.30
INCORPORATION OF DOCUMENTS
7.30.1 The following are to be attached to and made part of this Contract:
7.30.1.1 EXHIBIT A – CONTRACTOR INFORMATION
7.30.1.2 EXHIBIT B – STATEMENT OF WORK
7.30.1.2.1 Attachment B1: Project Description
7.30.1.2.2 Attachment B2: Budget
7.30.1.2.3 Attachment B3: Proposed Project Schedule
7.30.1.2.4 Attachment B4: Budget Amendment Request Form
7.30.1.2.5 Attachment B5: HOME Income and Rent Limits
7.30.1.2.6 Attachment B6: Utility Allowances
7.30.1.3 EXHIBIT C – SPECIAL TERMS AND CONDITIONS
7.30.1.4 EXHIBIT D – ADDITIONAL PROCEDURES/FORMS
7.30.1.4.1 Attachment D1: Affirmative Marketing and Fair
Housing Policies and Procedures
7.30.1.4.2 Attachment D2: Occupancy Restrictions and Project
Unit Characteristics
7.30.1.4.3 Attachment D3: Prohibited Lease Provisions
7.30.1.4.4 Attachment
D4:
Request
for
Reimbursement
Procedures
7.30.1.4.5 Attachment D5: Sample Request for Reimbursement
Cover Letter
7.30.1.4.6 Attachment D6: Request for Reimbursement Form
7.30.1.4.7 Attachment D7: ARPA Progress Report
7.30.1.4.8 Attachment D8: Annual Rental Compliance Report
7.30.1.5 EXHIBIT E – SECURITY INSTRUMENTS
Amendment No. 1
C-73-22-081-X-13
SERIAL 220166-RFP
7.30.1.5.1 Attachment E1: Sample Declaration and Assignment
of Affirmative Land Use; Deed of Trust; Promissory
Note
7.30.1.5.2 Attachment E2: Sample ALTA / NSPS Land Title
Survey
7.31
NOTICES
All notices given pursuant to the terms of this Contract shall be addressed to:
For County:
Maricopa County Human Services Department
Housing and Community Development
234 N. Central Ave., Third Floor,
Phoenix, AZ 85004
Attention: Rachel Milne, Assistant Director
Phone Number: 602-506-1528
Housing and Community Development Manager
Phone Number: 602-506-5813
AND
Maricopa County
Office of Procurement Services
301 W. Jefferson St. Suite 700
Phoenix, Arizona 85003-1647
For Contractor:
Chicanos Por La Causa, Inc
1112 E Buckeye Road
Phoenix, AZ 85034
Attention: Legal
Phone: 602-257-0700
Email: contracts@CPLC.org
7.32
INQUIRIES
7.32.1 Administrative telephone/email inquiries shall be addressed to:
ELIZABETH KUTTNER, PROCUREMENT OFFICER
TELEPHONE: (602) 506-0099
elizabeth.kuttner@maricopa.gov
7.32.2 Inquiries may be submitted by telephone but must be followed up in writing.
No oral communication is binding on Maricopa County.
7.33
ADMINISTRATIVE CHANGE ORDERS
Amendment No. 1
C-73-22-081-X-13
SERIAL 220166-RFP
The Chairman of the Board of Supervisors is authorized upon the
recommendation of the Human Services Department Director and the
County Attorney to make changes within the general scope of the contract
on behalf of the County through Administrative Change Orders.
Administrative Change shall be approved and fully executed by the
Chairman of the Board of Supervisors and the Contractor. Administrative
Change Orders may address any of the following areas:
7.33.1 Modifications to the project timeline if the last day of the project
timeline is within the Agreement term;
7.33.2 Modifications to Budget line items if the Agreement Amount
remains unchanged;
7.33.3 Modifications required by federal, state, or County regulations,
ordinances, or policies; and
7.33.4 Modifications to Administrative requirements such as changes in
reporting periods, frequency of reports, or report formats required
by local regulations, policies or requirements.
7.34
FORCED LABOR
7.34.1 Contractor agrees to comply with all applicable portions of
Arizona
Revised
Statutes
Section
35-394. Contracting;
procurement;
prohibition;
written
certification;
remedy;
termination; exception; definitions.
7.34.2 Contractor certifies that it does not currently, and agrees for the
duration of the contract, that it will not use:
7.34.2.1
The forced labor of ethnic Uyghurs in the
People’s Republic of China.
7.34.2.2
Any goods or services produced by the forced
labor of ethnic Uyghurs in the People’s Republic of
China.
7.34.2.3
Any contractors, subcontractors or suppliers
that use the forced labor or any good or services
produced by the forced labor of ethnic Uyghurs in the
People’s Republic of China.
7.34.3 If contractor becomes aware during the term of the agreement
that contractor is not in compliance with this paragraph, the
contractor shall notify the County within five business days after
becoming aware of the noncompliance. If the contractor fails to
provide a written certification to the County that the contractor
has remedied the noncompliance within 180 days after notifying
the County of its noncompliance, then the agreement terminates,
except that if the agreement termination date occurs before the
end the 180 day period, the agreement terminates on the
agreement termination date.
Amendment No. 1
C-73-22-081-X-13
SERIAL 220166-RFP
EXHIBIT A-CONTRACTOR (DEVELOPER) INFORMATION
DUNS #
136249609
UNIQUE ENTITY ID
H4HTRFZTL683
FEDERAL TAX ID #
86-0227210
COMPANY NAME:
Chicanos Por La Causa, Inc.
DOING BUSINESS AS (dba):
MAILING ADDRESS:
1112 E. Buckeye Road, Phoenix 85034
REMIT TO ADDRESS:
Tim Johnson
TELPHONE NUMBER:
602-257-0700
FAX NUMBER:
WWW ADDRESS:
www.cplc.org
REPRESENTATIVE NAME:
Evelyn Guerrero
REPRESENTATIVE TELEPHONE
NUMBER:
602-257-6727
REPRESENTATIVE EMAIL ADDRESS
Evelyn.Guerrero@cplc.org
contracts@cplc.org
YES
NO
REBATE
WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO
PURCHASE FROM THIS CONTRACT:
WILL ACCEPT PROCUREMENT CARD FOR
PAYMENT:
FUEL COMPRISES (if applicable) % OF TOTAL BID AMOUNT
PAYMENT TERMS:
NET 30 0 DAYS
Amendment No. 1
C-73-22-081-X-13
SERIAL 220166-RFP
EXHIBIT B – STATEMENT OF WORK
Attachment B1: Project Description
Project Description:
The Project as described herein as, Pueblo Apartments, shall utilize ARPA funds to construct a
161-unit affordable rental housing community. The Project is located at 316 W Broadway Rd,
Phoenix, AZ (the “Property”), on approximately 4.2 acres of land. Pueblo Apartments shall
consist of ten (10) studio units, twenty-six (26) one-bedroom units, eighty-six (86) two-bedroom
units, and thirty-nine (39) three-bedroom units.
ARPA funds as well as 4% Low Income Housing Tax Credits (“LIHTC”), City of Phoenix Home
Investment Partnership Funds (“HOME”) and Federal Home Loan Bank Affordable Housing
Program (“FHLB-AHP”) shall be used to complete the Project. The fund shall be used to
construct eight (8) ARPA-assisted “floating” units at the Property (“ARPA-assisted units”).
During the thirty (30) year Period of Affordability (as defined in the Agreement), the eight (8)
ARPA-assisted floating units shall consist of; (a) one (1) studio-unit; (b) one (1) one-bedroom
unit; (c) four (4) two-bedroom units; and (d) two (2) three-bedroom units. The term “floating” in
this Agreement shall be defined as set forth in 24 C.F.R. § 92.252(j). The income restrictions on
the ARPA-assisted units must be maintained during the entire Period of Affordability.
ARPA funds in the amount of $1,600,000 are being sought to offset the eligible acquisition, hard
construction cost and site planning including Architectural and Engineering fees. All 161 Project
units shall be permanent affordable housing units targeted to serve households earning at or
below 40%, 50% and 60% area median income (“AMI”). The ARPA-assisted units shall be
restricted to units serving at or below 60% AMI.
The Project shall incorporate design features that respect the surrounding neighborhood. In
order to buffer the residential properties to the north of the site, residential style frontages and
landscaping along Pueblo Avenue is proposed. Along with this, to create a less drastic transition
from one story single-family residential neighborhood, the Project shall incorporate building
heights starting at two stories on Pueblo Avenue and increasing toward Broadway Rd. The
Project amenities shall include a business center, clubhouse, central laundry, outdoor fitness
equipment, picnic areas, playground, splash pad, on-site management, service coordinators
and free WIFI in common areas. Security shall be provided via limited access intercom buzzer,
perimeter fencing and video surveillance. The Project shall also offer 161 off-street parking
spaces free for the tenants. Pueblo Apartments shall include Studios, one-, two- and three-
bedroom apartments. The square footage for each unit type is comfortable ten (10) Studio units
at 450 square-feet, twenty-six (26) one-bedrooms units at 603 square-feet, eight-six (86) two-
bedroom units at 869 square-feet and thirty-nine (39) three-bedroom units at 1,130 square-feet.
The unit amenities include blinds, ceiling fans, walk-in closets and central A/C. Appliances shall
include dishwasher, garbage disposal, microwaves, refrigerator and range/oven.
Although funding for supportive services is not included in this agreement, Chicano Por La
Causa, Inc’s (“CPLC”) service delivery and program offerings shall extend to the residents of
Pueblo Apartments. Residents shall have access to CPLS’s 40 programs located throughout
Maricopa County. CPLC shall also work with local nonprofits and community organizations to
support the residents' varied interests and needs.
Project Eligibility:
Property Standards - Housing that is constructed or rehabilitated with ARPA funds must meet all
applicable local codes, rehabilitation and construction standards, ordinances, and zoning
Amendment No. 1
C-73-22-081-X-13
SERIAL 220166-RFP
ordinances, including Section 504 of the Rehabilitation Act of 1973 and Fair Housing Act, as
amended, at the time of project completion. All work shall meet decent, safe and sanitary
housing standards consistent with HOME regulations including HUD Housing Quality Standards
and Maricopa County Housing Rehabilitation Standards. These standards are available on the
Maricopa County website under Housing & Community Development or upon request.
Occupancy Requirements – The Project staff shall determine and verify income eligibility of
tenants for the ARPA assisted-units prior to occupancy of a unit. The occupancy of the ARPA-
assisted units must be by households whose income is at or below 60% AMI (very low income)
throughout the Period of Affordability; see Exhibit B, Attachment B5: HOME Income and
Rent Limits. The Project shall define “Annual Income” as it is defined at 24 C.F.R. Part 92 and
shall document sources of income and examine eligibility on an annual basis in order to meet
requirements of HOME regulations at 24 C.F.R. Part 92.203. Additional guidance and resources
are outlined in Exhibit D, Attachment D2: Occupancy Restrictions and Project Unit
Characteristics.
Rental Requirements - The ARPA-assisted units shall be designated as Low HOME units, which
are outlined in Exhibit B, Attachment B5: HOME Income and Rent Limits. Utility Allowances
are outlined in Exhibit B, Attachment B6: Utility Allowances. The Low HOME rent limit is the
maximum rent allowed for a ARPA-assisted unit; the maximum rent amount includes the utility
allowance. Any increase in the lesser of these rent limits must be approved by HUD and the
State of Arizona Department of Housing. The Developer shall provide to us a written request for
the increase in rent limits and supporting documentation for the justification of this request.
Affordability Period – The Developer shall ensure all housing assisted under this Agreement meets
the affordability requirements of 24 C.F.R. § 92.254 or § 92.252, as applicable.
Deliverables
Beneficiaries
Number of households (units)
8
Number of people (approximate)
18
Use of ARPA Funds - The ARPA funds provided under this Agreement shall be used for the
cost detailed in the budget found in Attachment B2.
Amendment No. 1
C-73-22-081-X-13
SERIAL 220166-RFP
EXHIBIT B – STATEMENT OF WORK
Attachment B2: Budget
FUND SOURCES
Sources
Total
Bank Debt
$16,646,000.00
4% Low Income Housing Tax Credit Tax Equity
$14,517,675.00
Federal Home Loan Bank - AHP
$471,810.00
City of Phoenix HOME
$1,000,000.00
Maricopa County ARPA Funds
$1,600,000.00
Total
$34,235,485
BUDGET SUMMARY
Name of Activity: Pueblo Apartments
ARPA Funds
Additional
Sources
TOTAL
COST
Acquisition Costs
Land
$
800,000
$
500,000
$
1,300,000
Building Acquisition
$ - $ -
$
-
Other: taxes, title, recording
$ - $ -
$
-
General Development Costs
Construction Hard Costs- Residential
$
100,000
$
22,205,198
$ 22,305,198
Construction Costs- Nonresidential
$ - $ -
$
-
Contractor OH, Profit, and Gen. Conditions
$ -
$
2,539,461
$
2,539,461
Hard Costs Contingency
$ -
$
1,058,109
$
1,058,109
Environmental- inspection and remediation
$ -
$
10,000
$
10,000
Archeological reports
$ -
$
53,142
$
53,142
Site Planning
$
85,196
$
59,436
$
144,632
Architect Fees
$
394,914
$ -
$
394,914
Engineering Fees
$
219,890
$ -
$
219,890
Survey, Permit, Tests
$ -
$
130,100
$
130,100
Legal Fees
$ -
$
250,000
$
250,000
Other Professional Fees
$ -
$
30,000
$
30,000
Accounting and Cost Certification
$ - $
$
Amendment No. 1
C-73-22-081-X-13
SERIAL 220166-RFP
22,500
22,500
Title and Recording
$ -
$
25,000
$
25,000
Market Study/Appraisal
$ -
$
25,000
$
25,000
Real Estate Taxes
$ - $ -
$
-
Insurance
$ -
$
85,021
$
85,021
Construction Period Interest
$ -
$
1,596,926
$
1,596,926
Construction Perm Financing Fees
$ -
$
371,880
$
371,880
Marketing Expense
$ -
$
26,605
$
26,605
Reserves
$ -
$
303,297
$
303,297
Soft Cost Contingency
$ -
$
-
Other: Bond financing, LIHTC fees
$ -
$
1,405,950
$
1,405,950
Developer’s Fee
Developer’s Fee
$ -
$
1,937,860
$
1,937,860
Homeownership Counseling
Counseling fee
$ - $ -
$
-
Program Administration Costs*
Program Management Services
$ - $ -
$
-
Staff
$ - $ -
$
-
Supportive Services
$ - $ -
$
-
$ - $ -
$
-
$ - $ -
$
-
$ - $ -
$
-
TOTALS
$
1,600,000
$
32,635,485
$34,235,485
FUND SOURCES
Amendment No. 1
C-73-22-081-X-13
SERIAL 220166-RFP
Sources
Total
Maricopa County ARPA Funds
$1,600,000.00
Total
$1,600,000.00
BUDGET SUMMARY
Name of Activity: Pueblo Apartments
ARPA Funds
Acquisition Costs
Land
$ 800,000
General Development Costs
Construction Hard Costs- Residential
$ 100,000
Site Planning
$ 85,196
Architect Fees
$ 394,914
Engineering Fees
$ 219,890
TOTALS $ 1,600,000
Amendment No. 1
C-73-22-081-X-13
SERIAL 220166-RFP
EXHIBIT B – STATEMENT OF WORK
Attachment B3: Proposed Project Schedule
Project Milestone
Estimated
Completion
Date
Comments
Site Acquisition
6-14-2018
Construction Loan (Closing
Date)
09/01/2022
Partnership Closing (Closing
Date)
10/01/2022
Permanent Loan Commitment
09/01/2022 Forward commitment
Permanent Loan Closing
06/30/2024
Other Funds Firm
Commitment
8/31/2022
Source: HOME
Other Funds Firm
Commitment
Source:
Environmental Review
Completion
8/31/2022
City of Phoenix
Authority to Use Grant Funds
Zoning Entitlements
07/01/2020
Plans Submitted to the
Municipality
01/01/2022
Civil Permits Issued
08/01/2022
Building Permits Issued
09/01/2022
Contractors Notice to Proceed
Issued
10/01/2022
Construction Mobilization
11/01/2022
25% Completion
03/01/2023
50% Completion
06/01/2023
75% Completion
11/01/2023
Certificate of Occupancy
1/30/2024
ARPA-Assisted Units
Occupied
02/28/2024
100% Occupancy
06/30/2024
Amendment No. 1
C-73-22-081-X-13
SERIAL 220166-RFP
EXHIBIT C – SPECIAL TERMS AND CONDITIONS
Funding Completion Date:
June 30, 2024
Developer:
Chicanos Por La Causa, Inc.
CFDA ALN Number:
CFDA ALN 21.027 American Rescue Plan Act Coronavirus State
and Local Fiscal Recovery Funds
DUNS UEI Number:
136249609 H4HTRFZTL683
These Special Terms and Conditions are attached to and made part of the Contract -
AFFORDABLE HOUSING DEVELOPMENT OPPORTUNITIES 220166-RFP.
1.
The County is the recipient of funds from the United States of America pursuant to
the American Rescue Plan Act of 2021 (ARPA).
2.
On December 9, 2021, County did solicit proposals from developers seeking to
obtain ARPA funds for projects that are to include affordable housing within the County.
3.
Developer, in response to said solicitation, did submit a proposal for a project
known as Pueblo Apartments.
4.
County has reviewed Developer’s proposal and has determined that said proposal
is eligible for funding pursuant to the criteria established by the County.
5.
The purpose of these Special Terms and Conditions is to set forth the basis
pursuant to which the County will provide to Developer money from the allocation of ARPA funds
made available to HSD, and to establish that the failure of Developer to abide by or perform any
of these term or condition shall result in the breach of the Contract.
6.
The following words and phrases shall have the definitions set forth when used in
this Agreement:
a. “Claim for reimbursement” means the process and procedures the Developer must
use to obtain the disbursal of the funds being provided pursuant to the Contract.
b. “Declaration” means a document executed by Developer and recorded in the office
of the Maricopa County recorder against the Project Property restricting units, or
some of them, in the Project as available only to residents who income qualify for
a period that is not shorter than thirty (30) years.
c. “Deed of Trust” means a security instrument executed by Developer and recorded
in the office of the Maricopa County Recorder that secures the repayment of the
funds advanced to the Developer under certain conditions set forth in the
document.
d. “Obligations Secured” means the Promissory Note, the Contract and the
Declaration to be executed and, as appropriate, recorded in connection with
securing the repayment of the funds to Developer under certain conditions set forth
in those documents.
e. “Period of Affordability” means a term of thirty (30) years, commencing on the date
any certificate of occupancy is issued to the Project, during which all housing
Amendment No. 1
C-73-22-081-X-13
SERIAL 220166-RFP
assisted under the Contract shall satisfy the requirements set forth on Exhibit D,
attachment D2 to the Contract.
f. “Project” means Pueblo Apartments, all as submitted to the County by Developer
in response to the solicitation by the County on January 11, 2022.
g. “Promissory Note” means a document evidencing Developer’s promise to repay
the funds advanced under certain conditions set forth in the document.
h. “Work” shall mean the acquisition of the property, the designing of the Project, the
obtaining of all necessary permits, approvals and land rights for the Project, the
overseeing of management of the Project, the completion of leases to qualified
tenants who shall reside in the Project and eligible on-site supportive services.
7.
Developer shall complete all Work as described on Exhibit B to the Contract.
8.
County will provide funding to Developer, subject to the availability of funds, and
all terms and conditions of the Obligations Secured, in the amount of $1,600,000, which funding
shall be used exclusively for Work. In no event will any funding be provided as reimbursement for
monies paid for Work performed prior to the effective date of the Contract. Failure to meet the
obligations of the Contract may result in a demand for repayment of the funds.
9.
Funding is contingent upon all housing in the Project complying with the
affordability requirements, that are further described on Exhibit D to the Contract. Failure to
comply with the affordability requirements is a material breach of the Contract and these Special
Terms and Conditions, and Developer shall repay the County any and all funds disbursed for any
purpose other than funding compliant housing unit(s).
10.
Prior to any funds being disbursed, Developer shall deliver to the County a fully
authorized and executed Declaration and Assignment of Affirmative Land Use, and a Deed of
Trust, which documents shall be recorded in the Maricopa County Recorder’s Office, to attach to
the Project. The forms for such documents are attached to the Contract as Exhibit E, attachment
E1. Declaration and Assignment of Affirmative Land Use shall bind the property of the Project to
provide affordable housing to the tenants who are to reside in the Project during the entirety of
the Affordability Period. In no event shall said Declaration be removed of record or modified in
any manner without the prior written consent of the County.
11.
Prior to any funds being disbursed, Developer shall deliver to the County a copy
of all proposed forms of lease that will be required to be executed by prospective residents of the
Project. No funds will be disbursed unless and until the County approves all proposed forms of
lease.
12.
Funds will be disbursed as repayment of costs for Work performed on or after the
effective date of the Contract. At the discretion of the Maricopa County Board of Supervisors, this
date may be extended, but in no event will this date be extended beyond December 31, 2026, or
such other date as may be established by the United States Government. To obtain such
repayment costs, Developer shall:
a. Submit a claim for reimbursement to hsdfinance@maricopa.gov. The payment
procedures and sample forms for a properly executed claim are shown on Exhibit
D, attachments D4-D6 of the Contract.
b. Submit a request for inspection of the Work performed.
Amendment No. 1
C-73-22-081-X-13
SERIAL 220166-RFP
c. Not submit a claim for reimbursement until the funds are needed for payment
related to Work.
d. Submit its initial claim for reimbursement not later than 180 days from the effective
date of the Contract.
e. Not submit more than one claim for reimbursement in the same calendar month.
13.
Upon receipt of a claim for reimbursement from the Developer, the County will:
a. Review the claim for reimbursement to ensure compliance with applicable
requirements pursuant to the Contract. The approval of payment based on a claim
for reimbursement is at the County’s discretion.
b. Notify the Developer of any deficiencies in the claim for reimbursement and itemize
what additional information, if any, is need.
c. Conduct, if, in the opinion of the County it is necessary, an inspection of the Project.
d. Disburse all funds for which and to the extent of approval of the submitted claim
for reimbursement in the manner, amount, increment, and timeframe determined
at County’s discretion.
14.
Funding is contingent upon the availability of funds. If any action is taken by any
State agency, federal department or any other agency or instrumentality to suspend, decrease or
terminate its fiscal obligation under, or in connection with the Contract, the County may amend,
suspend, decrease or terminate its obligations under or in connection with the Contract. In the
event of termination, the County will, subject to the provisions of paragraphs 9, 10, 11, 12, 13 and
15 hereof, disburse funds for Work performed prior to the effective date of the termination. The
County will give written notice of the effective date of any suspension, amendment, or termination
under this Section at least 10 calendar days in advance.
15.
Prior to occupancy of the Project the total sum of all claims for reimbursement shall
not exceed ninety-five percent (95%) of total funding to Developer by the County pursuant to the
Contract. Developer shall submit all claims for reimbursement, including the final claim for
reimbursement post issuance of the final certificate of occupancy, not later than June 30, 2024,
unless extended pursuant to paragraph 14 hereof. The term “occupancy” for purposes of
obtaining the balance of funding for the Project will be as defined on Exhibit D, attachment D2
attached hereto and made a part hereof. However, in no event will the balance of funds be
released to Developer unless and until all project beneficiaries are named and income qualified.
16.
The County will not be liable for any contracts entered into by Developer in
anticipation of receiving payments under the Contract.
17.
Not later than July 30 of each year and continuing until the expiration of the
Affordability Period, unless otherwise determined by the Human Services Department but
not to exceed a 5-year period per 2 CFR Part 200.330, Developer shall provide to the County:
a. A copy of the then current rent rolls.
b. Proof that all residents of the Project are qualified by income to reside in the
Project.
Amendment No. 1
C-73-22-081-X-13
SERIAL 220166-RFP
c. A copy of the then current forms of lease required to be executed by residents of
the Project.
d. Such other information as, in the sole discretion of the County, is necessary to
demonstrate to the County that all requirements with respect to affordability are
satisfied.
e. Schedule with the County an inspection to allow the County to ensure all units are
in compliance with Housing Quality Standards (HQS).
18.
Notwithstanding any reporting obligations set forth herein, Developer shall provide
any and all progress reports attached to ARPA funding by the federal government, the State of
Arizona and/or the County. Furthermore, until “occupancy” of the Project as defined on Exhibit D,
attachment D2 attached hereto and made a part hereof, Developer shall provide County with
progress reports not less frequently than 15 days after the end of each calendar quarter, providing
the information required by and on the form attached hereto as Exhibit D, attachment D7. In
addition to the obligations set forth herein, Developer shall, simultaneously with the reporting
obligation of the receiving entity, provide County with a copy of all reports and filings made with
the federal government and/or the State of Arizona and/or any municipality, with respect to the
Project.
19.
Developer shall comply with any and all federal, state and local statutes,
ordinances, resolution, regulations and rules, and any violation of any such law shall be deemed
to be a material breach of the Contract. Specifically, Developer shall comply with all applicable
provisions of American Rescue Plan Act 2021 and the Coronavirus State and Local Fiscal
Recovery Funds.
20.
Developer must receive prior written approval from the County for all Project
amendments involving changes in the scope of the work, completion dates of project phases,
location of approved activities, or budget.
21.
The parties shall execute and deliver all such documents and perform all such acts
as reasonably may be requested by the other party in order to conduct the activities described
herein and to enforce the applicable affordability requirements.
22.
Developer shall acknowledge the contribution of the County in all related
publications during the Term of the Contract. Developer shall not use the name of Maricopa
County in any other manner without prior written consent. Developer shall not use the County of
Maricopa logo in any publications, marketing, or any other type of media without prior written
authorization.
Amendment No. 1
C-73-22-081-X-13
SERIAL 220166-RFP
EXHIBIT D- ADDITIONAL PROCEDURES/FORMS
Attachment D5: Sample Request for Reimbursement Cover Letter
AGENCY LETTERHEAD
Date
Rachel Milne, Assistant Director
Housing and Community Development Manager
Maricopa County Human Services Department
234 North Central Avenue
Phoenix, AZ 85004
Re: Project Name:
Quarterly Report Enclosed _____
Contract Number: ________________ Payment Request Number: _________
Dear _________________:
This letter certifies that ( Agency Name )(“Project Name”) has complied with the requirements
of the Department of Housing and Urban Development, Maricopa County, the ARPA Program
and our agreement for reasonable and necessary costs of construction. The Project additionally
certifies the files, including project management documentation files, and financial
documentation of expenditures incurred in accordance with the program rules and regulations
for eligible costs.
Therefore, the Project respectfully requests reimbursement of funds in the amount of
$_________________ as established by the attached itemized expenditure invoice, other
invoices, current project status report, proof of payment and other supporting documentation. If
you have any questions, please contact me at _____________________.
Sincerely,
Signature: __________________________
Printed Name: _______________________
Title: _______________________________
Enclosure