AMENDMENT 3 TO CONTRACT UNDER 220166 RFP WITH NEWTOWN CDC RE DPA.PDF
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Amendment No. 3
C-73-22-081-X-34
SERIAL 220166-RFP
AMENDMENT NO. 3
TO
SERIAL 220166-RFP, AFFORDABLE HOUSING DEVELOPMENT OPPORTUNITIES
BETWEEN
NEWTOWN COMMUNITY DEVELOPMENT CORPORATION
&
MARICOPA COUNTY
WHEREAS, Maricopa County, Arizona (“County”) and NEWTOWN COMMUNITY DEVELOPMENT
CORPORATION (“Contractor”) have entered into a Contract for the purchase of AFFORDABLE
HOUSING DEVELOPMENT OPPORTUNITIES dated May 18, 2022 (“Agreement”) County Contract No:
220166-RFP.
WHEREAS, County and Newtown Community Development Corporation agreed to further modify the Agreement
by changing certain terms and conditions in Amendment No. 1 dated May 24, 2023.
WHEREAS, County and Newtown Community Development Corporation agreed to further modify the Agreement
by changing certain terms and conditions in Amendment No. 2 dated January 24, 2024.
WHEREAS, County and Newtown Community Development Corporation have agreed to further modify the
Agreement by changing certain terms and conditions through this Amendment No. 3.
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.
This Amendment No. 3 is subject to and incorporates the provisions of A.R.S. § 38-511 and amends the
document to extend the expiration date from December 31, 2025, to December 31, 2026, throughout the
document, effective upon full execution by the Parties, in the following locations in the contract/sections:
•
Second paragraph of the contract in 1.0 - Contract Term such that the term of the contract is
extended from three years and seven months to four years and seven months. The expiration date
will be extended from June 30, 2024, to December 31, 2025.
•
In Exhibit C – Special Terms and Conditions to extend the Funding Completion Date from
December 31, 2025, to December 31, 2026.
2.
Amend Exhibit B Statement of Work, Attachment B3(a): Proposed Project Schedule - Scattered Sites, to
update the estimated completion dates.
Please see revisions following the signature page.
ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED
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IN WITNESS WHEREOF, the Contract Amendment is executed on the date set forth below and executed by
Maricopa County.
Newtown Community Development Corporation, an Arizona Non-Profit Corporation
__________________________________________________________________
AUTHORIZED SIGNATURE OF PRINCIPAL
__________________________________________________________________
PRINTED NAME AND TITLE
__________________________________________________________________
ADDRESS
____________________________
DATE
MARICOPA COUNTY
__________________________________________________________________
CHAIRMAN, BOARD OF SUPERVISORS
DATE
ATTESTED:
__________________________________________________________________
CLERK OF THE BOARD
DATE
APPROVED AS TO FORM:
__________________________________________________________________
DEPUTY COUNTY ATTORNEY
DATE
Amendment No. 3
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Revisions to contract in red.
AFFORDABLE HOUSING DEVELOPMENT OPPORTUNITIES
220166-RFP
This Contract is entered into this 18th day of May 2022 by and between Maricopa County (“County”), a political
subdivision of the State of Arizona, and Newtown Community Development Corporation, an Arizona non-profit
corporation (“Contractor” or “Developer”).
1.0
CONTRACT TERM
This Contract is for a term of two three four years and one seven months, beginning on the 18th day of May
2022 and ending the 30th 31st day of June December 2025 December 2026; 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 date not to extend beyond two years and four months December 31, 2026. 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: 15 years from the date of
completion.
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 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
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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 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 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
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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 shall be maintained, or an extended discovery
period shall 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.
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.
7.2.10
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
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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:
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
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Notice is given that, pursuant to A.R.S. § 38-511, the County may cancel any 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.
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.
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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 boycott prohibited by 50 U.S.C. § 4842 or a regulation issued pursuant to 50 U.S.C.
§ 4842.
7.17
UNIQUE
ENTITY
IDENTIFIER
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 Unique Entity Identifier (UEI)
through www.sam.gov . Contractor must also 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:
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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
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
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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 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
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
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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 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
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7.30.1.2
EXHIBIT B – STATEMENT OF WORK
7.30.1.2.1
Attachment B1 (a) : Project Description - Scattered sites
7.30.1.2.2
Attachment B2 (a): Budget - Scattered sites
7.30.1.2.3
Attachment B3 (a): Proposed Project Schedule - Scattered sites
7.30.1.2.4
Attachment B1 (b): Project Description - Casa del Sol
7.30.1.2.5
Attachment B2 (b): Budget - Casa del Sol
7.30.1.2.6
Attachment B3 (b): Proposed Project Schedule - Casa del Sol
7.30.1.2.7
Attachment B4: Budget Amendment Request Form
7.30.1.2.8
Attachment B5: HOME Income Limits
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: Request for Reimbursement Procedures
7.30.1.4.4
Attachment D4: Sample Request for Reimbursement Cover Letter
7.30.1.4.5
Attachment D5: Request for Reimbursement Form
7.30.1.4.6
Attachment D6: ARPA Progress Report
7.30.1.5
EXHIBIT E – SECURITY INSTRUMENTS
7.30.1.5.1
Attachment E1: Developer Deed of Trust; Promissory Note
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: Housing and Community Development Manager
Phone Number: 602-506-5813
AND
Maricopa County
Office of Procurement Services
160 S. 4th Avenue
Phoenix, Arizona 85003-1647
For Contractor:
Newtown Community Development Corporation
2106 E Apache Blvd, Suite 112
Tempe, AZ 85281
Attention: Stephanie Brewer, Executive Director
Phone: 480-517-1589
Email: Stephanie@newtowncdc.org
7.32
INQUIRIES
Amendment No. 3
C-73-22-081-X-34
SERIAL 220166-RFP
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
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
By submitting a bid for this solicitation and/or entering into a contract as a result
of this solicitation, 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.
7.35
PROVISIONS REQUIRED BY LAW
Each and every provision of law and any clause required by law to be in this Agreement will
be read and enforced as though it were included herein and, if through mistake or otherwise,
Amendment No. 3
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SERIAL 220166-RFP
any such provision is not inserted, or is not correctly inserted, then upon the application of
either party, this Agreement will promptly be physically amended to make such insertion or
correction.
7.36
RELIGIOUS ACTIVITIES
The contractor agrees that costs, planned or claimed, including costs incurred, shall not
include any expense for any religious activity.
7.37
POLITICAL ACTIVITY PROHIBITED
None of the funds, materials, property, or services contributed by the County or the contractor
under the agreement shall be used in the performance of this agreement for any partisan
political activity, or to further the election or defeat of any candidate for public office.
7.38
EQUAL EMPLOYMENT OPPORTUNITY
7.38.1
The contractor shall not discriminate against any employee or applicant for
employment because of race, age, disability, color, religion, sex, or national origin.
The contractor shall take affirmative action to ensure applicants are employed and
that employees are treated during employment without regard to their race, age,
disability, color, religion, sex, or national origin. Such action shall include but is not
limited to the following: employment, upgrading, demotion or transfer, recruitment,
or recruitment advertising, lay-off or termination, rates of pay or other forms of
compensation, and selection for training, including apprenticeship.
7.38.2
Contractor shall comply with the following provisions:
7.38.2.1 Title VI and VII of the Civil Rights Act of 1964, as amended (42 U.S.C. §§
2000a, et seq.);
7.38.2.2 The Rehabilitation Act of 1973, as amended (29 U.S.C. §§ 701, et seq.);
7.38.2.3 The Age Discrimination in Employment Act of 1967, as amended (29U.S.C.
§§ 621, et seq.);
7.38.2.4 The Americans With Disabilities Act of 1990 (42 U.S.C. §§ 12101, et seq.);
and Arizona Executive Order 2009-09, as amended, et seq. which mandates
that all persons shall have equal access to employment opportunities.
7.38.2.5 Contractor understands that the United States has the right to seek judicial
enforcement of this assurance.
7.39
CERTIFICATION REGARDING LOBBYING
7.39.1
Contractor certifies, to the best of their knowledge and belief, that:
7.39.1.1 No federal appropriated funds have been paid or will be paid, by or on behalf
of the contractor, to any person for influencing or attempting to influence an
officer or employee of any agency. This applies to a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any federal contract, the making of any
federal grant. Including the making of any federal, loan the entering into of
any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any federal contract, grant, loan, or
cooperative agreement.
Amendment No. 3
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7.39.1.2 If any funds other than federal appropriated funds, have been paid or will be
paid to any person for influencing or attempting to influence an officer or
employee of any agency, member of Congress, an officer or employee of
Congress, or an employee of a member of Congress in connection with this
federal contract, grant, loan, or cooperative agreement, the undersigned
shall complete and submit Standard Form-LLL, “Disclosure Form to Report
Lobbying,” in accordance with its instructions.
7.39.1.3 Contractor shall include Lobbying Certification language in the award
documents for all subcontractors (including sub-grants, and contract under
grants, loans, and cooperative agreements) and that all sub-recipients shall
certify and disclose accordingly.
7.39.1.4 The Lobbying Certification is a material representation of fact upon which
reliance was placed when this transaction is made or entered into.
Submission of this certification is prerequisite for making or entering into
this transaction imposed by section 1352, Title 31, U.S. Code. Any successful
proposer(s) who fail to file the required certification shall be subject to a civil
penalty of not less than $10,000.00 and not more than $100,000.00 for each
such failure.
7.40
CLEAN AIR ACT & CLEAN WATER ACT
Contractor must comply with all applicable standards, orders, or requirements issued under
section 306 of the Clean Air Act (42 U.S.C. 1857(h), section 508 of the Clean Water Act (33
U.S.C. 1368) Executive Order 11738, and Environmental Protection Agency regulations (40
CFR part 15).
7.41
ENERGY POLICY AND CONSERVATION ACT
Contractor must adhere to the standards and policies relating to energy efficiency, which are
contained in the State energy conservation plan issued in compliance with the Energy Policy
and Conservation Act (Pub. L. 94-163, 89 Stat.871).
[signature page follows]
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Amendment No. 3
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EXHIBIT B – STATEMENT OF WORK
Attachment B1(a): Project Description - Scattered Sites
Project Description:
The Project described herein as, Revolving Down Payment Assistance “DPA”, shall utilize ARPA funds to provide
down payment assistance to approximately 128 Owners throughout Maricopa County. The DPA will allow Owners
the ability to purchase single-family homes for homeownership at an affordable cost. DPA shall be available for
Owners earning at or below 120% of area median income “AMI” adjusted by household size.
The ARPA funds in the amount of $4,508,592 will be used for this project. DPA funds in the amount of approximately
$35,000 or an amount feasible to make the home affordable will be provided to each Owner.
In addition to being openly available, the Developer will work collaboratively with their own Community Land Trust
program and other non-profits providing affordable housing opportunities to extend the availability of DPA to their
clients.
The Developer shall execute a Deed of Trust and Promissory Note with the Owner naming the Developer the
beneficiary for the direct benefit amount of down payment assistance for a minimum Period of Affordability for 15
years. The Developer shall operate this Project as a revolving fund, tracking recaptured funds and ensuring funds are
revolved into additional down payment assistance for affordable housing. At minimum the developer shall provide
annual reporting for the Project to the County demonstrating the long-term benefits of the revolving fund.
The Developer is a HUD-approved housing counseling agency and has adopted the National Standards for
Homeownership Education and Counseling. Certified counselors help clients resolve credit issues, find sources of
down payment assistance, and provide assistance throughout the home buying purchase process. Eligible CLT buyers
are required to meet with a housing counselor, attend an orientation, and complete a homebuyer education class before
they are able to finalize the purchase.
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 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 Owners 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 initially at or below 120% AMI (low to moderate income); see Exhibit B, Attachment B5: HOME Income
Limits. The Project shall define “Annual Income” as it is defined at 24 C.F.R. Part 92 Additional guidance and
resources are outlined in Exhibit D, Attachment D2: Occupancy Restrictions and Project Unit Characteristics.
Deliverables
Beneficiaries
Number of households (units)
128
Number of people (approximate)
300
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(a).
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EXHIBIT B – STATEMENT OF WORK
Attachment B2(a): Budget - Scattered Sites
FUND SOURCES
Sources
Total
MCHSD ARPA Funds
Grant
$4,508,592
Total
$4,508,592
BUDGET SUMMARY
Name of Activity: Alta Vista Scattered Sites
ARPA Funds
Additional Sources
TOTAL COST
Acquisition Costs
Land
$ -
$
$
Building Acquisition
$ 4,503.592
$
$ 4,503,592
Other: taxes, title, recording
$
$
$
General Development Costs
Construction Hard Costs- Residential
$ -
$ -
$ -
Construction Costs- Nonresidential
$ -
$ -
$ -
Contractor OH, Profit, and Gen. Conditions
$ -
$ -
$ -
Hard Costs Contingency
$ -
$ -
$ -
Environmental- inspection and remediation
$ -
$ -
Demolition
$ -
$ -
$ -
Site Planning
$ -
$ -
$ -
Architect Fees
$ -
$ -
$ -
Engineering Fees
$ -
$ -
$ -
Survey, Permit, Tests
$ -
$ -
$ -
Legal Fees
$ -
$ -
$ -
Other Professional Fees
$ -
$ -
$ -
Accounting and Cost Certification
$ -
$ -
$ -
Title and Recording
$ -
$ -
$ -
Market Study/Appraisal
$ -
$ -
$ -
Real Estate Taxes
$ -
$ -
$ -
Insurance
$ -
$ -
$ -
Construction Period Interest
$ -
$ -
$ -
Construction Financing Fees
$ -
$ -
$ -
Marketing Expense
$ 5,000 $ -
$ 5,000
Reserves
$ -
$ -
$ -
Soft Cost Contingency
$ -
$ -
$ -
Other: Realtor Fees
$ -
$ -
$ -
Developer’s Fee
Developer’s Fee
$ -
$
$
Homeownership Counseling
Counseling fee
$-
$
$
Amendment No. 3
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SERIAL 220166-RFP
Program Administration Costs*
Program Management Services
$ -
$ -
$ -
Staff
$ -
$ -
$ -
Supportive Services
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
TOTALS
$ 4,508,592
$
$ 4,508,592
EXHIBIT B – STATEMENT OF WORK
Attachment B3(a): Proposed Project Schedule - Scattered Sites
Project Milestones
Estimated
Completion Date
Comments
Execute Contract
5/18/22
Start Marketing Campaign
6/1/22
Homeownership Counseling/Program
Underwriting
12/30/2022 6/30/2023
32 Households
Homeownership Counseling/Program
Underwriting
06/30/2023 6/30/2024
32 Households
Homeownership Counseling/Program
Underwriting
12/30/2023 2/28/2025
32 Households
Homeownership Counseling/Program
Underwriting
06/30/2024 6/30/2025
32 Households
Final Closeout/Project Completion
06/30/2024 6/30/2025
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EXHIBIT B – STATEMENT OF WORK
Attachment B1(b): Project Description - Casa del Sol
Project Description:
The Project described herein as, Revolving Down Payment Assistance “DPA”, shall utilize $1,248,920 ARPA
funds to provide down payment assistance to approximately 16 Homebuyers throughout Maricopa County,
with priority given to homebuyers in the Casa del Sol ARPA Project, which is an FSL Holdings affordable
housing homebuyer development in Wickenburg. The DPA will allow households the ability to purchase single-
family homes at an affordable cost. DPA shall be available for households earning at or below 120% of Area
Median Income “AMI” adjusted by household size. The Developer will work collaboratively with other non-
profits providing affordable housing opportunities to extend the availability of DPA to their clients.
The Developer shall execute a Deed of Trust and Promissory Note with the Owner naming the Developer the
beneficiary for the direct benefit amount of down payment assistance for a minimum Period of Affordability
for 15 years. The loan will require 1/3 of the total DPA received to be repayable when the property is sold or
transferred. The remaining 2/3 of the total DPA received will be deferred and forgivable after 15 years. If the
home is sold or otherwise transferred before 15 years, the forgivable repayment amount will be prorated, based
on the number of years remaining in the loan. The Developer shall operate this Project as a revolving fund,
tracking recaptured funds and ensuring funds are revolved into additional down payment assistance for
affordable housing. At minimum the developer shall provide annual reporting for the Project to the County
demonstrating the long-term benefits of the revolving fund.
The Developer is a HUD-approved housing counseling agency and has adopted the National Standards for
Homeownership Education and Counseling. Certified counselors help clients resolve credit issues, find sources
of down payment assistance, and provide assistance throughout the home buying purchase process. ARPA-
assisted buyers are required to meet with a housing counselor, attend an orientation, and complete a homebuyer
education class before they are able to finalize the purchase.
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 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 Owners 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 initially at or below 120% AMI (low to moderate income); see Exhibit B,
Attachment B5: HOME Income Limits. The Project shall define “Annual Income” as it is defined at 24 C.F.R.
Part 92 Additional guidance and resources are outlined in Exhibit D, Attachment D2: Occupancy Restrictions
and Project Unit Characteristics.
Deliverables
Beneficiaries
Number of households (units)
16
Number of people (approximate)
48
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(b).
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EXHIBIT B – STATEMENT OF WORK
Attachment B2(b): Budget - Casa del Sol
FUND SOURCES
Sources
Total
MCHSD ARPA Funds
Grant
$1,248,920
Total
$1,248,920
BUDGET SUMMARY
Name of Activity: Casa Del Sol DPA
ARPA Funds
Additional Sources
TOTAL COST
DPA- Homeowner Acquisition
$ 1,248,920
$ 0
$ 1,248,920
TOTAL
$ 1,248,920
$ 0
$ 1,248,920
EXHIBIT B – STATEMENT OF WORK
Attachment B3(b): Proposed Project Schedule - Casa del Sol
Project Milestones
Estimated
Completion Date
Comments
Execute Contract
1/10/2024
Start Marketing Campaign
4/15/2024
Start Homeownership Counseling/Program
Underwriting
5/15/2024
Final Closeout/Project Completion
12/30/2025
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EXHIBIT C – SPECIAL TERMS AND CONDITIONS
Funding Completion Date: June 30, 2024 December 31, 2025 December 31, 2026
Developer: Newtown Community Development Corporation
CFDA ALN Number: CFDA ALN 21.027 American Rescue Plan Act Coronavirus State and Local Fiscal Recovery
Funds
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 Revolving
Down Payment Assistance.
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 naming the Developer as the Beneficiary executed by
the Owner and recorded in the office of the Maricopa County Recorder that secures the repayment
of funds advanced to the beneficiary under certain conditions.
d. “Obligations Secured” means the Promissory Note, the Contract and the Deed of Trust 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.
“Owner” means the purchaser from the Developer of a property within the project subject to a Period
of Affordability.
f.
“Period of Affordability” means a minimum term of fifteen (15) years, commencing on the date the
individual property in the project is sold to Owner.
g. “Project” means Alta Vista Scattered Sites, as submitted to the County by Developer in response
to the solicitation by the County on January 11, 2022, and Casa del Sol, as added by Amendment
#2 by this amendment action.
h. “Promissory Note” means a document evidencing the Owner’s promise to repay to the Developer
the funds advanced under certain conditions set forth in the document.
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i.
“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, and the completion of Project’s individual properties to be sold to Owner who shall reside
in the Project.
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 $4,508,592.00 $5,757,512, 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 copy of all proposed
forms of security instruments that will be required to be executed by prospective Owner of the property within the
Project. No funds will be disbursed unless and until the County approves all proposed forms of security instruments.
11.
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 and hcd@maricopa.gov. The
payment procedures and sample forms for a properly executed claim are shown on Exhibit D,
attachments D3-D5 of the Contract.
b. Submit a request for inspection of the Work performed.
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.
12.
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.
13.
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
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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.
14.
Prior to completion 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 not
submit the final claim for reimbursement unless and until the Project has received the final certificate of occupancy
or title transfer to an Owner or other proof of completion satisfactory to Maricopa County, Developer shall submit all
claims for reimbursement not later than June 30, 2024, unless extended pursuant to paragraph 14 hereof.
15.
The County will not be liable for any contracts entered into by Developer in anticipation of receiving
payments under the Contract.
16.
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.
Record of any ARPA funds recaptured or proceeds and the projects the funds were applied to.
b. Proof recaptured or proceed ARPA funds were used on projects benefiting an income qualified
Owner.
c.
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.
17.
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 sale or transfer of all of the Project’s properties to qualified Beneficiaries, the 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.
18.
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.
19.
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.
20.
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.
21.
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. 3
C-73-22-081-X-34
SERIAL 220166-RFP
EXHIBIT D- ADDITIONAL PROCEDURES/FORMS
Attachment D2: Occupancy Restrictions and Project Unit Characteristics
This Attachment describes the specific affordability requirements and occupancy restrictions for the Project required
by the applicable program regulations and the project characteristics as described and represented to the County. The
Project shall be operated and maintained according to the unit mix and with the amenities described herein.
1. Project Properties: The Developer acknowledges that the Project shall provide down payment assistance for
approximately 128 144 Owners to purchase housing at an affordable cost.
2. Owner Income Restrictions: The ARPA-Assisted Units shall be transferred or sold to income qualified Owners
earning at or below 120 percent of the area median income adjusted by household size.
a) Source Documentation – The ARPA fund will defer to The HOME regulations in 24 C.F.R. 92.203 for the income
eligibility of applicants to be determined by examining source documentation which provides evidence of annual
income. Verification of household income must be verified by the developer in accordance with 24 CFR 92.203.
The project shall obtain and keep as part of its records the required documentation from the applicant for all
ARPA-assisted units on an annual basis.
3. Benefit Type: The County considers the Work to be a direct benefit to the Owner. The Developer is using ARPA
funds to provide down payment assistance to create affordable units.
4. Security Instruments for Affordability: The Developer shall execute a Deed of Trust and Promissory Note with
the Owner naming the Developer the beneficiary for the direct benefit amount of down payment assistance for a
minimum Period of Affordability for 15 years. The Developer shall operate this Project as a revolving fund, tracking
recaptured funds and ensuring funds are revolved into additional down payment assistance for affordable housing. At
minimum the developer shall provide annual reporting for the Project to the County demonstrating the long-term
benefits of the revolving fund.
5. Sale Price: The Developer shall not sell a property included in the Project for more than the appraised value.
6. Recaptured Funds: Any direct benefit funds recaptured by the Developer due to the sale or transfer of the property
by the Owner shall be used directly for affordable housing.
7. Proceeds: Any proceeds the Developer received from the project shall be tracked and used directly for affordable
housing.
8. Supportive Services: The Developer shall provide Housing Counseling Courses to all Owners prior to the sale of
the property.