CHANDLER ARM AMENDMENT NO. 2.PDF

Contract No. C-22-19-023-3-02 Amendment No. 2
AMENDMENT TO THE
AGREEMENT FOR SERVICES AMONG
MARICOPA COUNTY
ADMINISTERED BY ITS
HUMAN SERVICES DEPARTMENT,
AFFORDABLE RENTAL MOVEMENT (A.R.M.) OF
SAVE THE FAMILY FOUNDATION OF ARIZONA
A COMMUNITY HOUSING DEVELOPMENT ORGANIZATION,
AND
THE CITY OF CHANDLER
I. Maricopa County (“County”) administered by its Human Services Department and
Affordable Rental Movement (A.R.M.) of Save the Family Foundation of Arizona, a
Community Housing Development Organization (“CHDO”), and the City of Chandler
(“City”) entered into a financial agreement for services (“Agreement”), which was fully
executed on April 29, 2019. The purpose of the Agreement is for the CHDO, acting in the
capacity of a developer, to acquire and rehabilitate a single-family home in Chandler for
the CHDO’s scattered-site rental program with completed homes to be leased to eligible
low-income individuals/families. The County provided the CHDO with $225,000 in 2018
HOME Investment Partnerships Program (HOME) funds from the U.S. Department of
Housing and Urban Development (HUD) with the expenditure timeframe for the activity
being through September 30, 2022. The County, CHDO, and City collectively are referred
to here as “Parties.”
The Parties fully executed Amendment No. 1 on June 24, 2020, to add a 2019 Work
Statement for the CHDO to acquire, rehabilitate, and rent an additional single-family home
in Chandler for CHDO’s scattered-site rental program. Through Amendment No. 1, the
County provided the CHDO with $240,000 in 2019 HOME funds with the expenditure term
for the 2019 Work Statement expiring on September 30, 2023. Amendment No. 1 also
extended the term of the Agreement from September 30, 2022, to September 30, 2024.
II. The Parties agree to amend the Agreement by this Amendment No. 2 as follows:
A. Add an additional Work Statement (“2020 Work Statement”) for the CHDO to
acquire, rehabilitate, and rent an additional single-family home for its scattered-
site rental program. The expenditure term for the 2020 Work Statement shall expire
on September 30, 2024.
B. The County shall provide the CHDO and the Administrator with funding for the
2020 Work Statement in an amount not-to-exceed $208,913.
C. Add to Section 1 (General Provisions) the following new paragraphs:
55.0 WRITTEN CERTIFICATION UNDER A.R.S. § 35-393.01
If the CHDO and the Administrator engage in for-profit activity and have 10
or more employees and, if this Agreement has a value of $100,000 or more,
then the CHDO and the Administrator certify they are not currently engaged
in and agree 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
boycott prohibited by 50 U.S.C. § 4842 or a regulation issued pursuant to
50 U.S.C. § 4842.
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Contract No. C-22-19-023-3-02 Amendment No. 2
56.0. SURVIVAL
The indemnification, hold harmless, defense, and non-liability provisions of
this Agreement shall have full force and effect notwithstanding any other
provisions in this Agreement and shall survive the termination or expiration
of this Agreement.
D. Revise Section II (Special Provisions), Paragraph 21.0 (General Conditions),
Subparagraph 21.4, by replacing it with the following:
21.4 Administrative Change Orders and Addenda – The Chairman of the Board
of Supervisors is authorized upon the recommendation of the Human
Services Department Director and Legal Counsel to: a.) make changes
within the general scope of the Agreement on behalf of the County through
Administrative Change Orders, and b.) identify the single-family properties
that are subject of Section III (Work Statement), Paragraph 1.0 (Detailed
Scope of Work) of this Agreement through Addenda. Both Administrative
Change Orders and Addenda shall be approved and fully executed by the
Chairman of the Board of Supervisors and the authorized representative
for the CHDO and the Administrator.
21.4.1 Administrative Change Orders may address any of the following
areas:
21.4.2.1 Modifications to the project timeline if the last day of
the project timeline is within the Agreement term;
21.4.2.2 Modifications to Budget line items if the Agreement
Amount remains unchanged;
21.4.2.3 Modifications required by federal, state, or County
regulations, ordinances, or policies;
21.4.2.4 Modifications to administrative requirements such as
changes in reporting periods, frequency of reports,
or report formats required by HUD or local
regulations, policies, or requirements; and
21.4.2.5 Modifications to Administrative requirements such
as changes in reporting periods, frequency of
reports, or report formats required by HUD or by
local regulations, policies, or requirements.
21.4.2 Addenda:
21.4.2.1 The CHDO and the Administrator shall submit to the
County, an Addendum when each property has
been identified and will be acquired by the CHDO
and the Administrator for rehabilitation activities
under this Agreement; and
21.4.2.2 All Addenda shall be integrated into the Agreement.
E. Revise Section IV (Compensation), Paragraph 3.0 (Timeliness), by replacing it with
the following:
3.1 A Request for Reimbursement shall be submitted by the CHDO and
Administrator by the 15th calendar day of the month following the month
close out in which the expenditure occurred.
3.2 All requests for reimbursement of expenditures must be submitted within
the same fiscal year in which the expenditures are incurred. The fiscal year
runs July 1st through June 30th, and all Requests for Reimbursement shall
be submitted by the CHDO and Administrator no later than July 30th for the
preceding fiscal year.
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Contract No. C-22-19-023-3-02 Amendment No. 2
3.3 All requests for reimbursements shall be submitted by the CHDO and
Administrator to:
HSDFINANCE@MARICOPA.GOV
F. Revise Section IV (Compensation), Paragraph 4.0 (Reimbursement), by replacing
it with the following:
The County shall increase the Agreement funding amount to total not to exceed
$673,913 subject to the terms of this Agreement and availability of funds.
III. Section II above contains all the changes made by this Amendment No. 2. All other terms
and conditions of the original Agreement and Amendment No. 1 remain the same and in
full force and effect as approved and amended.
IV. The parties have authorized the undersigned to execute this Amendment No. 2 on their
behalf.
[Signatures on the following page]
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Contract No. C-22-19-023-3-02 Amendment No. 2
IN WITNESS, the Parties have approved and signed this Amendment No. 2:
APPROVED BY: APPROVED BY:
CITY OF CHANDLER MARICOPA COUNTY
___________________________________ ____________________________________
Signature Date Chairman, Board of Supervisors Date
Name: _____________________________
Title: _______________________________
Attested To: Attested To:
___________________________________ ____________________________________
City Clerk Date
Clerk of the Board Date
IN ACCORDANCE WITH A.R.S. § 9-240, IN ACCORDANCE WITH A.R.S. §§ 11-201
THIS AMENDMENT NO. 2 HAS BEEN AND 11-251, THIS AMENDMENT NO. 2 HAS
REVIEWED BY THE UNDERSIGNED BEEN REVIEWED BY THE UNDERSIGNED
ATTORNEY WHO HAS DETERMINED IT IS ATTORNEY WHO HAS DETERMINED IT IS
PROPER IN FORM AND WITHIN THE PROPER IN FORM AND WITHIN THE
POWERS AND AUTHORITY GRANTED TO POWERS AND AUTHORITY GRANTED TO
THE CITY OF CHANDLER UNDER THE MARICOPA COUNTY UNDER THE LAWS
LAWS OF THE STATE OF ARIZONA. OF THE STATE OF ARIZONA.
APPROVED AS TO FORM: APPROVED AS TO FORM:
___________________________________ ____________________________________
Attorney for the City of Chandler Date Deputy County Attorney Date
APPROVED BY:
AFFORDABLE RENTAL MOVEMENT
(A.R.M.) OF SAVE THE FAMILY
FOUNDATION OF ARIZONA (CHDO)
Jacki Taylor Date
Chief Executive Officer
Signature and execution authorized by
corporate resolution number __________
dated _______________
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Contract No. C-22-19-023-3-02 Amendment No. 2
2020 Work Statement
MARICOPA COUNTY
HOME Investment Partnerships Program
Program Year 2020
Project: Rental Housing
Type of Property: Single Family Residential
Amount of Funding
OTHER
CHDO HOME CASH MATCH TOTAL
RESOURCES
AMOUNT AMOUNT BUDGET
AMOUNT
$208,913 $208,913
1.0 DETAILED SCOPE OF WORK
Work Statement
The CHDO, acting in the capacity of a developer, will acquire and rehabilitate one (1)
single-family home in Chandler and will target zip codes 85224, 85225, and 85226. The
program is a scattered-site rental program. Once a property is identified and prior to
acquisition, Parties will complete an environmental review and execute an Addendum.
The Addendum will identify the individual property by street address for participation in
ARM Rental Housing and will be executed before funding is made available. Funds will be
paid to the CHDO only after the CHDO has met the commitment requirements as set forth
in 24 C.F.R. § 92.
Funds for rehabilitation are obligated by completing a detailed set of plans and
specifications (work write-up) and a detailed rehabilitation cost estimate based upon those
specifications. The property will have an estimated value after rehabilitation that does not
exceed 95 percent of the median purchase price for the area as described in 24 C.F.R. §
92.254(a)(2)(iii). Cost estimates may include a contingency for construction change orders
of up to 15% for rehabilitation. The Administrator must inspect the property prior to
occupancy and at project completion to ensure compliance with applicable standards and
codes. The property must be free from any defects that pose a danger to the health and
safety of occupants, and it must meet written rehabilitation standards and local codes and
ordinances at project completion. Copies of the final inspection must be retained in the
project files and submitted to the County upon submitting completion report. The allocated
CHDO HOME funds will be used to purchase one or more single family units with the
combination of other CHDO funds from multiple years, if available.
In addition, the CHDO will execute a Deed of Trust and Note provided by the Administrator
and naming the City as Beneficiary in order to secure any funds provided to the CHDO as
reimbursement for acquisition costs.
Recapture provisions will be used to ensure compliance with the period of affordability of
fifteen (15) years as required by HUD at 24 C.F.R. § 92.252 of the HOME regulations.
After the property is rehabilitated, the home will be leased to an eligible low-income
individual or family. Tenant income eligibility will be verified by CHDO staff and will comply
with 24 C.F.R. § 92.203.
Consolidated Plan – The Project will increase homeownership opportunities for low- and
moderate-income households. This activity is rated as a high priority in the Consolidated
Plan.
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Contract No. C-22-19-023-3-02 Amendment No. 2
2020 Work Statement
2.0 OBJECTIVES AND OUTCOMES:
OUTCOMES
OBJECTIVE AVAILABILITY/
AFFORDABILITY SUSTAINABILITY
ACCESSIBILITY
Homebuyer Activities,
Acq/Rehab of rental
DECENT Single-Family Housing housing, Acq/New Housing Activities in a
HOUSING Rehab and Emergency Construction of rental targeted revitalization
Rehab, Homebuyer housing, Expansion of area
Assistance assisted rental units in the
private marketplace
3.0 LOGIC MODEL: PERFORMANCE INDICATORS
OUTPUTS
INPUTS/RE ACTIVITIES PARTICIPATION OUTCOMES OBJECTIVES
SOURCES
CHDO staff, Acquire and One household Increased affordable Decent
Funding, rehabilitate one housing for low mod housing.
Contractors unit of Affordable income families.
Housing. Increase in home-
ownership, improved
neighborhoods,
improved quality of
life.
4.0 SITE INFORMATION: Scattered sites in Chandler targeting zip codes, 85224, 85225, and
85226. The Parties will execute addenda to this Agreement when specific parcels are
identified.
5.0 PERFORMANCE REPORTING GOALS TIMELINE OF ACTIVITIES
START COMPLETION
MILESTONES: Tasks to be Performed DATE
DATE
Application/market study 01/01/2022 12/01/2019
Execute Agreement 04/22/2021 07/15/21
Site selection 07/01/2022 10/31/2022
Environmental review to City of Chandler 11/01/2022 11/15/2022
Acquisition 11/01/2022 01/15/2023
Work write-ups and bid selection 01/15/2023 02/15/2023
Rehabilitation 03/01/2023 05/15/2023
Final Close-out /Project Completion Form 5/15/2023 6/30/2024
Any change to the Timeline will need to be approved by the County.
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Contract No. C-22-19-023-3-02 Amendment No. 2
2020 Work Statement
6.0 ACTIVITY FOLLOW-UP AND LONG TERM COMMITMENT:
The period of affordability is based on the total amount of HOME funds invested in the
housing. The Project will be monitored annually and the units will be verified annually
during the period of affordability.
7.0 ACTIVITY BUDGET SUMMARY:
TOTAL
2020
ACTIVITY HOME FUNDS ACTIVITY
BUDGET
Acquisition and
Rehabilitation $198,468.00 $198,468.00
Relocation
Development Costs
Staff Costs
Services
Administration Costs
Development Fees $10,445.00 $10,445.00
Other (Specify)
TOTALS $208,913.00 $208,913.00
8.0 ACTIVITY MATCH:
AMOUNT SOURCE
Federal Home
$52,228
Loan Bank
9.0 CHDO PROJECT PROCEEDS:
All proceeds generated from CHDO development activities shall be considered Project
proceeds and subject to the Project proceeds requirements set forth in HOME Program
regulations. Project proceeds shall be tracked by the CHDO. Documentation supporting
the amount of Project proceeds received and expended shall be submitted on the periodic
progress report, if requested by the County. Project proceeds shall be retained and
expended by the CHDO for acquisition and/or rehabilitation of additional properties under
this Agreement, or for other HOME eligible activities with prior approval from the
Administrator.
10.0 AFFORDABILITY REQUIREMENTS:
The housing that is acquired with HOME funds must be single-family housing. The family
or individual leasing the housing must qualify as Low-Income and maintain the housing as
the principal residence throughout the Period of Affordability, which shall be for a period
of 15 years in accordance with HOME program requirements.
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