AMENDMENT 1 NEWTON CHDO- CHANDLER.PDF

Contract No. C-22-13-016-3-01 Amendment #1
AMENDMENT NO. 1 TO THE
GRANT AGREEMENT
BETWEEN
MARICOPA COUNTY
ADMINISTERED BY ITS
HUMAN SERVICES DEPARTMENT
NEWTOWN COMMUNITY DEVELOPMENT CORPORATION
AND
CITY OF CHANDLER
THIS AMENDMENT NO. 1 (this “Amendment”) to that Grant Agreement designated as contract
number C-22-13-016-3-00 (the “Agreement”) is made and entered into between and among Newtown
Community Development Corporation, a non-profit Community Housing Development Organization
(“CHDO”), the City of Chandler, an Arizona municipal corporation (“Administrator”), and Maricopa
County, administered by its Human Services Department (“County”), who are collectively referred to herein
as the “Parties” and individually as a “Party.”
I. The Parties desire and intend to enter into this Amendment for the purpose of: (a) extending the term
of the Agreement; (b) adjusting the scope of work to ensure compliance with Final 2013 HOME
Investment Partnership Program Rules adopted by the U.S. Department of Housing and Urban
Development (“HUD”), as found at 24 CFR 92 (the “2013 Rules”); and assuring compliance with
current federal laws concerning whistleblowers.
II. The Agreement shall be modified as follows:
A. The contract termination date is extended from June 30, 2014 to June 30, 2015.
B. Because HUD requires that HOME funds which were reserved prior to August 23, 2013, but not
committed to a specific project until after August 23, 2013, must comply with the 2013 Rules, the
Agreement is amended as follows:
1. The reference to “Scattered Site-to be determined” contained on the line designated
Activity Address found on page 55 Section III Work Statement of the Agreement is
replaced with the following:
a. 98 W. Ivanhoe Place, Chandler AZ 85225,
b. 946 W. Gary Drive, Chandler AZ 85224, and
c. 3620 E. Fairview Lane, Chandler AZ 85226 (collectively, the “NewTown Projects”).
2. The following provision is added to the Agreement: “Prior to committing funds to
CHDO for the NewTown Projects, Administrator will have satisfactorily completed all
assessments required by the 2013 Rules, including, but not limited to: environmental
review, underwriting review, assessed developer capacity, fiscal soundness and
neighborhood market conditions. Thereafter, Administrator shall use its best efforts to
help ensure the successful completion of the acquisition and rehabilitation of the
NewTown Projects.”
C. On page 62 Section IV Compensation, the encumbrance dates of September 30, 2013 and April
30, 2013, and the draw down date of June 30, 2014, are all deleted and the following shall be
inserted:
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Contract No. C-22-13-016-3-01 Amendment #1
1. The encumbrance date for CHDO funds is September 30, 2014. All funds shall be
drawn from the Maricopa County letter of credit by June 30, 2015.
D. Remove the FF. Insurance paragraph in the General Provisions in its entirety and replace with the
following:
FF. INSURANCE
Contractor, at Contractor’s own expense shall purchase and maintain the herein stipulated
minimum insurance from a company or companies duly licensed by the State of
Arizona and possessing a current A.M. Best, Inc. rating of A+. In lieu of State of
Arizona licensing, the stipulated insurance m a y 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.
Contractor shall have in effect at all times during the term of this Agreement insurance that is
adequate to protect the County, its officers and employees, participants, and equipment funded
under this Agreement against the losses set forth below. Contractor shall name the County as
an additional insured party. Contractor shall provide the Department with documentation of
insurance coverage by furnishing the Contract Administrator a certificate of insurance or a
certified copy of the insurance policy or other documentation that is required by the Contract
Administrator.
Contractor’s insurance shall be primary insurance as respects County, and any
insurance or self-insurance maintained by County shall not contribute to it.
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.
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.
County reserves the right to request and to receive, within 10 working days, certified
copies of any or all of the herein required insurance certificates. County shall not be
obligated to review policies and/or endorsements or to advise Contractor of any
deficiencies in such policies and endorsements, and such receipt shall not relieve
Contractor from, or be deemed a waiver of County’s right to insist on strict fulfillment
of Contractor’s obligations under this Contract.
The insurance policies required by this Contract, except Workers’ Compensation, shall
name County, its agents, representatives, officers, directors, officials and employees as
Additional Insured’s.
The policies required hereunder, except Workers’ Compensation, 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.
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Contract No. C-22-13-016-3-01 Amendment #1
1. Commercial General Liability:
Commercial General Liability insurance and, if necessary, Commercial Umbrella
insurance with a limit of not less than $2,000,000 for each occurrence, $2,000,000
Products/Completed Operations Aggregate, and $4,000,000 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, and shall not contain any provision which would serve to limit third party
action over claims. There shall be no endorsement or modification of the CGL
limiting the scope of coverage for liability arising from explosion, collapse, or
underground property damage.
2. Automobile Liability:
Commercial/Business Automobile Liability insurance and, if necessary, Commercial
Umbrella insurance with a combined single limit for bodily injury and property
damage of not less than $2,000,000 each occurrence with respect to any of the
Contractor’s owned, hired, and non-owned vehicles assigned to or used in
performance of the Contractor’s work or services under this Contract.
3. Workers’ Compensation:
Workers’ Compensation insurance to cover obligations imposed by federal and state
statutes having jurisdiction of Contractor’s employees engaged in the performance of
the work or services under this Contract; and Employer’s Liability insurance of not
less than $1,000,000 for each accident, $1,000,000 disease for each employee, and
$1,000,000 disease policy limit.
Contractor waives all rights against County and its agents, officers, directors and
employees for recovery of damages to the extent these damages are covered by the
Workers’ Compensation and Employer’s Liability or commercial umbrella liability
insurance obtained by Contractor pursuant to this Contract.
4. Certificates of Insurance
Prior to commencing work or services under this Contract, Contractor shall have
insurance in effect 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 be made available to the County upon ten (10)
business days. BY SIGNING THE AGREEMENT PAGE THE CONTRACTOR
AGREES TO THIS REQUIREMENT AND FAILURE TO MEET THIS
REQUIREMENT WILL RESULT IN CANCELLATION OF CONTRACT.
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.
If a policy does expire during the life of the Contract, a renewal certificate must be
sent to County fifteen (15) days prior to the expiration date.
5. Cancellation and Expiration Notice.
Insurance required herein shall not be permitted to expire, be canceled, or
materially changed without thirty (30) days prior written notice to the County.
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Contract No. C-22-13-016-3-01 Amendment #1
If the Contractor provides professional or semi-professional personal services under this
agreement for which malpractice or professional liability coverage is available, such as
medical, psychiatric, or legal services, Contractor shall carry minimum liability coverage of
$2,000,000 each occurrence and provide the Department with proof of coverage.
None of the provisions of this subsection FF, shall apply to Administrator, who is a self-
insured public entity, provided Administrator provides a Certificate of Self-Insurance.
E. Add to the General Provisions:
WW. CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND
REQUIREMENT TO INFORM EMPLOYEES OF WHISTLERBLOWER RIGHTS
1. The Parties agree that this Contract and employees working on this Contract will be
subject to the whistleblower rights and remedies in the pilot program on contractor
employee whistleblower protections established at 41 U.S.C. § 4712 by section 828 of
the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112–239) and
section 3.908 of the Federal Acquisition Regulation;
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; and
3. Contractor shall insert the substance of this clause, including this paragraph (3), in all
subcontracts over the simplified acquisition threshold ($150,000 as of September 2013).
III. The foregoing paragraph contains all the changes made by this Amendment. To the extent that the
terms of the original agreement are inconsistent herewith, the terms of this Amendment shall control.
All other terms and conditions of the original agreement remain the same and in full force and effect.
IN WITNESS THEREOF, the Parties have signed this agreement:
APPROVED BY: APPROVED BY:
CITY OF CHANDLER MARICOPA COUNTY
___________________________________ ____________________________________
Authorized Signature Denny Barney
Chairman of the Board Signature
Date: __________________________ Date: __________________________
Attested To: Attested To:
____________________________________ ____________________________________
City Clerk Fran McCarroll, Clerk of the Board
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Contract No. C-22-13-016-3-01 Amendment #1
IN ACCORDANCE WITH A.R.S. § 11-952, THIS AGREEMENT HAS BEEN REVIEWED BY THE
UNDERSIGNED WHO HAVE DETERMINED THAT THIS AGREEMENT IS IN PROPER FORM
AND WITHIN THE POWER AND AUTHORITY GRANTED UNDER THE LAWS OF THE STATE
OF ARIZONA.
CITY OF CHANDLER MARICOPA COUNTY
BY: ______________________________ BY: ______________________________
Attorney for the City of Chandler Legal Counsel for Maricopa County
Date: __________________________ Date: __________________________
APPROVED BY:
NEWTOWN COMMUNITY DEVELOPMENT
CORPORATION CHDO
___________________________________
Authorized Signature
Date: __________________________
pg. 5