AMENDMENT 1 TO AGREEMENT WITH ARM OF SAVE THE FAMILY RE AFFORDABLE RENTAL HOUSING.PDF
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Contract No. C-22-23-051-X-01 Amendment No. 1 A.R.M. of Save the Family CHDO Agreement Page 1 of 15 AMENDMENT NO. 1 TO THE DEVELOPER AGREEMENT BETWEEN MARICOPA COUNTY ADMINISTERED BY ITS HUMAN SERVICES DEPARTMENT AND A.R.M. OF SAVE THE FAMILY FOUNDATION OF ARIZONA A COMMUNITY HOUSING DEVELOPMENT ORGANIZATION (CHDO) I. Maricopa County (“County”) administered by its Human Services Department and the Affordable Rental Movement (A.R.M.) of Save the Family Foundation, a Community Housing Development Organization (“CHDO”) entered into a financial Agreement (“Agreement”) on or about December 13, 2022. The purpose of the Agreement is for the CHDO to provide affordable rental opportunities to eligible low-income families. The County provided the Developer with $276,482 in U.S. Department of Housing and Urban Development (HUD) HOME Investment Partnerships Program (HOME) Program Year 2022 funds under Assistance Listing Number (ALN) 14.239 to acquire and rehabilitate one (1) single-family home in Maricopa County’s Urban County within Mesa zip codes of 85205, 85207, 85208 and make available for rent to eligible families. The County also provided $1,875,000 in American Rescue Plan Act 2021 (ARPA) – State & Local Fiscal Recovery Funds (SLFRF) under ALN 21.027 to provide gap funding to acquire and rehabilitate at minimum of 9 single-family homes for rent in conjunction with HOME funds awarded to Maricopa County HOME Consortium Members: City of Scottsdale, City of Chandler, City of Gilbert and Maricopa County Urban County. The County shall provide the CHDO with total funding in the amount of $2,151,482 under the terms of the Agreement, which term shall be December 7, 2022, through September 30, 2025. The County and Developer are collectively referred to as the “Parties.” II. The Parties agree to enter into this Amendment No. 1 to amend the Agreement as follows: A. Extend the Agreement expiration date from September 30, 2025, through January 28, 2026, on page 1 of the Agreement. B. Incorporate Assistance Listing Number (ALN) 21.023 Emergency Rental Assistance 2.0 Program on Page 1 of the Agreement. C. Incorporate Federal Award Identification Number(s) (FAIN) and Award Date into the Agreement by adding the following to page 1: FAIN / AWARD DATE: 14.239 - M-24-DC0400227 awarded 9/26/2024 FAIN / AWARD DATE: 21.027: SLFRP0146 awarded 5/18/2021 FAIN / AWARD DATE 21.023: ERAE0249 awarded 5/17/2021 D. Revise Section 1 (GENERAL PROVISIONS) to address the following: 1. Paragraph 1.0 PURPOSE, revise and replace in entirety with the following: 1.0 PURPOSE The CHDO shall acquire and rehabilitate single family homes in scattered sites throughout the County and make available for rent to eligible families. The County shall provide the CHDO with U.S. Department of Housing and Urban Development (HUD) HOME Contract No. C-22-23-051-X-01 Amendment No. 1 A.R.M. of Save the Family CHDO Agreement Page 2 of 15 Investment Partnerships Program funds, American Rescue Plan Act 2021 – Coronavirus State & Local Fiscal Recovery Funds (CSLFRF), and Emergency Rental Assistance 2.0 Funds (ERA2) for the provision of activities identified in Section 3 (Work Statement). 2. Paragraph 4.0 AMENDMENTS, revise and replace with the following: The Agreement may be amended, provided the CDHO is in full compliance with all the terms and conditions of the Agreement as agreed to by the Parties. Amendments to this Agreement shall be in writing and signed by authorized signers for both Parties. 3. In Paragraph 7.0 DEFINITIONS, revise and replace in their entirety subparagraphs 7.2 and 7.5: 7.2 Assistant Director means the Assistant Director of the Housing and Community Development Division within the Human Services Department. 7.5 CHDO is a Community Housing Development Organization, a private non-profit organization, as named on Page 1 of this Agreement, which shall meet the requirements as set forth in 24 C.F.R. §§ 92.300-92.303. 4. Paragraph 12.0 BUDGET ADJUSTMENTS, SUBPARAGRAPH 12.2 to revise and replace in entirety with the following: 12.2 The CHDO must receive prior written approval from the County to move funds from one budget activity line item to another. Budget adjustments that do not change the total Agreement amount may be documented through the process outlined in 19.1 by an Administrative Change Order reviewed by Legal Counsel and executed by the Chairman of the Board of Supervisors and the CHDO’s authorized Representative. If a budget adjustment is necessary that either increases or decreases the Agreement amount, then the County shall follow Section 1 (General Provisions), Paragraph 4.0 (Amendments) of this Agreement to amend the Agreement. 5. Paragraph 44.0 RETENTION OF RECORDS, subparagraph 44.2 to revise and replace in entirety with the following: 44.2 The CHDO shall retain all records relevant to this Agreement for six (6) years after completion of the project, including through the entire period of affordability listed in the security instruments, or until after the resolution of any audit questions, which could be more than six (6) years, whichever is longer, and the County, federal and state auditors, and any other persons duly authorized by the County, shall have full access to, and the right to examine, copy, and make use of any and all of the records. 6. Incorporate the following paragraphs into the Agreement: 57.0 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 any such Contract No. C-22-23-051-X-01 Amendment No. 1 A.R.M. of Save the Family CHDO Agreement Page 3 of 15 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. 58.0 ACRONYMS AND DEFINITIONS Acronyms and Definitions found under 2 C.F.R. §§ 200.0 & 200.1 are hereby incorporated by reference. E. Revise Section 2 (SPECIAL PROVISIONS) to address the following: 1. Paragraph 14.0 (REGARDING SUBCONTRACTORS AND VENDORS) to delete subparagraph 14.2 in its entirety and replace it with the following: 14.2 Unique Entity Identifier (UEI) and SYSTEM FOR AWARD MANAGEMENT – The CHDO and all Subcontractors shall have a valid UEI number and an active profile in the federal System for Award Management, or SAM.gov. Documentation of the UEI Number must be included in all project files. The CHDO and all Subcontractors must remain current with their registration throughout the term of the Agreement. THE CHDO and all Subcontractors will not receive a subaward until that entity has provided its UEI number. 2 C.F.R. § 25.300; Appendix A to 2 C.F.R. § 25. 2. Paragraph 19.0 GENERAL CONDITIONS, delete Subparagraph 19.1 Administrative change Orders and Addenda - in its entirety and replace with the following: 19.1 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.) review and execute administrative changes to the Agreement on behalf of the County through Administrative Change Orders, and b.) identify the single-family properties that are subject of Section 3 (Work Statement) of this Agreement through Addenda. The Administrative Change Orders and Addenda will be effective upon execution by both of the Parties. 19.1.1 Administrative Change Orders shall address any of the following changes: 19.1.1.1 Modifications to the Project timeline if the last day of the Project timeline is within the Agreement term; 19.1.1.2 Modifications to Budget line items if the Agreement Amount remains unchanged; 19.1.1.3 Modifications required by federal, state, or County regulations, ordinances, or policies; and/or 19.1.1.4 Modifications to administrative requirements such as changes in reporting periods, frequency of reports, or report formats required by federal, state or local regulations, policies, or requirements; and 19.1.2 Addenda: 19.1.2.1 The Developer and the Administrator shall submit to the County an Addendum when each property has been identified and will be acquired by the Contract No. C-22-23-051-X-01 Amendment No. 1 A.R.M. of Save the Family CHDO Agreement Page 4 of 15 Developer and the Administrator for rehabilitation activities under this Agreement; and 19.1.2.2 All Addenda shall be integrated into the Agreement. 3. Add the following new paragraphs incorporated into the Agreement: 22.0 PROHIBITED ACTIVITES AND FEES The CHDO shall comply with 24 C.F.R. § 92.214 regarding prohibited activities and fees, which shall include, but not be limited to prohibiting the CHDO from charging uncustomary fees. 23.0 PROPERTY STANDARDS The CHDO shall comply with 24 C.F.R. § 92.251 to ensure the project identified in Section 3 (Work Statement) shall meet the Property Standards requirements for HOME assisted acquisition and rehabilitation of rental housing units as described, including but not limited to, Health and Safety, Major systems (including useful life determination), Lead-based paint, Accessibility (as outlined in 24 CFR part 8), Disaster mitigation, State and Local codes, ordinances and zoning requirement, HUD Housing standards, construction documents and estimates, and frequency of and compliance with inspections as they relate to property conditions standards a) upon completion, b) upon lease-up and c) annually and thereafter during the period of affordability as identified in the Agreement. 24.0 QUALIFICATION AS AFFORDABLE HOUSING: RENTAL HOUSING The HOME-assisted units in a rental housing project must be occupied by households that are eligible as low- income families. The CHDO shall ensure that the project(s) identified in Section 3 meet the requirements of 24 C.F.R § 92.252 to qualify as affordable housing, including but not limited to, Rent and Income Limits, Period of Affordability requirements, and Tenant Income calculations and requirements. 25.0 TENANT PROTECTIONS AND SELECTION The CHDO, shall select and protect Tenants in accordance with 24 C.F.R.§ 92.253 and comply with all tenant protections and selection guidance as provided for in the requirements during the period of Affordability as identified in the Agreement. F. Revise Section 3 (WORK STATEMENT) to address the following: 1. Revise the PY2022 CHDO and ARPA 2021 SLFRF Work Statement to address the following: 1.0 SCOPE OF WORK, reduce the amount of funding by $1,227,982.87 in American Rescue Plan Act (ARPA) – State & Local Fiscal Recover Funds (SLFRF) for a new Work Statement Total Budget of $923,499.13, comprised on $276,482 in (HUD) Contract No. C-22-23-051-X-01 Amendment No. 1 A.R.M. of Save the Family CHDO Agreement Page 5 of 15 CHDO HOME funding and an ARPA funding amount of $647,017.13. 2.0 DETAILED SCOPE OF WORK, revise to address the following changes in 2.0: a. reduce the stated number of ARPA -assisted units by four (4), from nine (9) to five (5) single family homes shall be acquired and rehabilitated with ARPA funds. b. Add and incorporate the following paragraph into the Work Statement: The 2022 HOME Rent and Income Limits for Maricopa County are listed in Attachment 5. The limits are updated annually in accordance with 24 CFR 92.252 and updated limits can be found on the Maricopa County Notices and Documents website, https://www.maricopa.gov/3893/Notices-Documents or requested from Maricopa County Housing and Community Development Division. The CHDO must provide the County with a written request for approval of rent increases at least 90 days before rent increases would be effective, in accordance with 24 CFR 92.252 8.0 ACTIVITY BUDGET SUMMARY, revise to reflect ARPA 2021 SLFRF total Work Statement funding of $647,017.13 and Total Budget Activity of $993.999.13. 12.0 NOTICES, to revise and update (County)Point of contact: Lead Agency: Maricopa County Representative: Jamie Macfarlane Assistant Director, Housing and Community Development Division Human Services Department Phone: 602-506-5813 E-mail: jamie.macfarlane@maricopa.gov Address: 234 N. Central Avenue, Third Floor, Phoenix, AZ 85004 2. Add an additional Work Statement hereinafter referred to as “Program Year 2024 Work Statement” attached and incorporated into the Agreement. The CHDO, acting in the capacity as Developer shall acquire and rehabilitate 1 single-family home in Maricopa County’s Urban County Cities or County islands with specific Mesa zip codes, and will also use ARPA 2021 SLFRF in the amount of $1,227,982.87 and Emergency Rental Assistance 2.0 (ERA2) 2021 funds in the amount $3,234,175.00 to provide gap funding to acquire and rehabilitate at minimum of fourteen (14) 2–3-bedroom single- family homes in Maricopa County, exclusive of the City of Phoenix. The homes can be acquired and rehabilitated using a combination of all three funding sources. The funding for this Work Statement incorporated in Amendment No. 1 is provided by: • CHDO HOME PY24: $315,000 under ALN: 14.239 • ARPA 2021 SLFRF: $1,227,982.87 under ALN:21.027 • ERA2 2021: $3,234,175.00 under ALN: 21.023 o The expenditure period for the Work Statement activities identified above, for all work performed, or costs incurred Contract No. C-22-23-051-X-01 Amendment No. 1 A.R.M. of Save the Family CHDO Agreement Page 6 of 15 or expended, shall be retroactive to October 1, 2024, through January 28, 2026. o $1,227,982.87 in American Rescue Plan Act (ARPA) 2021 State and Local Fiscal Recovery Funds (SLFRF) is made available through reallocating funds from the PY2022 Work Statement in the Agreement to the PY2024 Work Statement. G. Revise Section 4 (BUDGET AND COMPENSATION) to address the following: 1. 1.0 COMPENSATION, revise and replace subparagraphs 1.1 and 1.2 by deleting in entirety and replacing with the following: 1.1 This Agreement is funded by the following fund sources under Assistance Listing Numbers (ANL): 1.1.1 14.239 HUD HOME Investment Partnerships Program PY22 $276,482. 1.1.2 14.239 HUD CHDO HOME Investment Partnerships Program PY24 $315,000. 1.1.3 21.027 American Rescue Plan Act 2021 State and Local Fiscal Recovery funds (ARPA SLFRF) $1,875,000. 1.1.4 21.023 Emergency Rental Assistance Program (ERA 2.0) 2021 $3,234,175.00. 1.2 The CHDO will only utilize HOME funds to pay for eligible activities and costs of those activities permitted in 24 C.F.R. § 92.300 and other funding requirements listed in the Scope of Work and not specifically prohibited under 24 C.F.R. § 92.214 (Prohibited Activities and Fees. 2. 2.0 METHOD OF PAYMENT, to revise and replace in its entirety with the following: 2.0 METHOD OF PAYMENT 2.1 The CHDO shall submit reimbursement requests utilizing the approved Reimbursement Request Form to the County, along with the Match Log Certification Form. The CHDO may request funds only after the CHDO has satisfied the funding contingencies and federal Environmental Review conditions and have a written agreement in place for Project activities. Requests for reimbursement must be made using the request for payment incorporated in this Agreement, or another form provided by the County. 2.2 The CHDO may not request disbursement of funds under this Agreement until the funds are needed for payment of eligible costs. The amount of each request must be limited to the amount needed. Program income must be disbursed before the CHDO requests funds from the County. The County agrees to reimburse the CHDO for actual allowable costs incurred, upon certification of HUD Environmental Release of Funds and submittal by the CHDO of an itemized statement of actual expenditures incurred, supported by appropriate documentation. Reimbursement by the County is not to be construed as final in the event that HUD disallows reimbursement for the Program or any portion Contract No. C-22-23-051-X-01 Amendment No. 1 A.R.M. of Save the Family CHDO Agreement Page 7 of 15 thereof. This project is presumptively eligible as a use of ARPA funds as it meets the requirements of the HOME program (SLFRF Final Rule FAQs 2.14) and is being held to the HOME eligible project cost requirements. Per HUD CPD Notice 15-11 Section VII.D, HOME developers and owners may financially benefit from HOME-assisted projects, including via the use of reasonable developer fees. Developer fees “are charged by the Developer as a part of the project cost to compensate for the risk, time, and effort to build and sell or lease the property.” As such, agreed- upon Developer fees are an eligible project cost, and may be included in a claim for reimbursement. The Developer Fees will be paid out based on the amount of work completed or funds expended on the project. 2.3 The County shall reimburse the CHDO on a Net 0 payment standard. H. Revise section 5 (ATTACHMENTS & FORMS) to incorporate the following Attachments into the Agreement: 1. Attachment 5 - Program Year 2022 HOME Income limits and HOME Rent Limits 2. Attachment 6 - Program Year 2024 HOME Income limits and HOME Rent Limits I. The Agreement funding shall hereby increase by $3,549,175, for a new Agreement total of $5,700,657.00, comprised of the following: 1. HUD HOME funds $591,482.00 under ALN 14.239 2. ARPA 2021 SLFRF funds $1,875,000 under ALN: 21.027 3. ERA2 2021 funds $3,234,175.00 under ALN: 21.023 III. Under A.R.S. §38-511, the Parties may cancel this Agreement without penalty of further obligation within three years after execution of this Agreement if any person significantly involved in initiating, negotiating, securing, drafting, or creating this Agreement on behalf of the County is, at any time while this Agreement or any extension is in effect, an employee or agent of any other party to the Agreement in any capacity or consultant to any other party of this Agreement with respect to the subject matter of this Agreement IV. Section II above contains all the changes made by this Amendment No. 1. All other terms and conditions of the Agreement shall remain the same and in full force and effect as approved and amended. V. The Parties have authorized the undersigned to execute this Amendment No. 1 on their behalf, and it shall be effective upon approval and signature by both Parties. [Signatures contained in the following page] Contract No. C-22-23-051-X-01 Amendment No. 1 A.R.M. of Save the Family CHDO Agreement Page 8 of 15 IN WITNESS THEREOF, the Parties have signed this Amendment No. 1: APPROVED BY: MARICOPA COUNTY Jack Sellers Date Chairman, Board of Supervisors APPROVED BY: ARM OF SAVE THE FAMILY FOUNDATION OF ARIZONA (CHDO) Robyn Julien, CE Date Chief Executive Officer Attested to: _ Juanita Garza Date Clerk of the Board IN ACCORDANCE WITH A.R.S. §§ 11-201 11- 251, AND 11-952, THIS AMENDMENT NO. 1 HAS BEEN REVIEWED BY THE UNDERSIGNED ATTORNEY WHO HAS DETERMINED IT IS PROPER IN FORM AND WITHIN THE POWERS AND AUTHORITY GRANTED TO MARICOPA COUNTY UNDER THE LAWS OF THE STATE OF ARIZONA. Approved as to form: Deputy County Attorney Date Approved as to form: Attorney for CHDO Date Contract No. C-22-23-051-X-01 Amendment No. 1 2024 Work Statement A.R.M. of Save the Family CHDO Agreement Page 9 of 15 WORK STATEMENT HOME Investment Partnerships Program Program Year 2024 CHDO, American Rescue Plan Act 2021 – State & Local Fiscal Recovery Funds, and Emergency Rental Assistance 2.0 Funds 1.0 SCOPE OF WORK Project: Rental Housing Funding: $4,777,157.87 Type of Property: Single Family Residential AMOUNT OF FUNDING CHDO HOME AMOUNT AMERICAN RESCUE PLAN ACT 2021 (ARPA) – STATE & LOCAL FISCAL RECOVERY FUNDS (SLFRF) EMERGENCY RENTAL ASSISTANCE 2.0 FUNDS (ERA2) TOTAL FUNDING $315,000.00 $1,227,982.87 $3,234,175.00 $4,777,157.87 2.0 DETAILED SCOPE OF WORK Work Statement The CHDO, acting in the capacity of a developer, will use HOME CHDO PY24 funds in the amount of $315,000 acquire and rehabilitate one (1) single-family home in Maricopa County’s Urban County within Mesa zip codes of 85205, 85207, 85208; and will use ARPA SLFRF in the amount of $1,227,982.87 and ERA2 funds in the amount $3,234,175.00 to provide gap funding to acquire and rehabilitate at minimum of 14 2-3 bedroom single- family homes in Maricopa County, exclusive of the City of Phoenix. The homes can be purchased and rehabilitated using a combination of all three sources of funding. All units must be rented to eligible households at or below 50% of the Area Median Income, and all tenants will pay low HOME rents. The current HOME Rent and Income Limits for Maricopa County are listed in Attachment 6. The limits are updated annually in accordance with 24 CFR 92.252 and updated limits can be found on the Maricopa County Notices and Documents website, https://www.maricopa.gov/3893/Notices-Documents or requested from Maricopa County Housing and Community Development Division. The CHDO must provide the County with a written request for approval of rent increases at least 90 days before rent increases would be effective, in accordance with 24 CFR 92.252. ERA2 funding must follow all HOME rules and requirements, including Maximum Subsidy limits, Rent and Income Limits, housing quality standards, periods of affordability, environmental review requirements, and other requirements listed in 24 CFR Part 92, 2 CFR Part 200, and any other federal cross-cutting requirements HOME is subject to. The exception is that ERA2 funds do not require match funding. ARPA funding is not subject to max subsidy requirements, and as such can be utilized to fill the gap on expenditures for the HOME- and ERA2-assisted units. ERA2 funding used for the purpose of constructing, rehabilitating, or preserving affordable rental housing projects serving very low-income families, grantees must comply with the requirements set forth in the Uniform Relocation Assistance and Real Property Acquisition Policies Act (URA) at 42 U.S.C. 4601 et seq. and its implementing regulations at 49 CFR Part 24, including the standard for appraisals for real property being acquired with federal financial assistance at 49 CFR § Contract No. C-22-23-051-X-01 Amendment No. 1 2024 Work Statement A.R.M. of Save the Family CHDO Agreement Page 10 of 15 24.2(a)(3). Additional guidance and requirements can also be found at the U.S. Treasury Department’s Emergency Rental Assistance Program FAQs, including FAQ 46. In this project, if a unit will utilize CHDO or ERA2 funds, an environmental review process must be completed. If a unit has CHDO funding, normal ER steps apply. ERA2 funding requires that the CHDO take all steps necessary to prepare and apply for environmental review approval before any choice limiting actions are taken. However, units with only ERA2 or ARPA funds in them will not receive a formal release of funds from HUD or the Treasury. Instead, for ERA2 funds, the County will provide a letter stating that the environmental review documentation has been found satisfactory and the CHDO may proceed with the project. Any units that only have ARPA funds in them will not require an environmental review. All environmental review process documentation should be maintained in the project files. The Parties agree to execute an addendum at the time a property is identified. An Addendum to this Agreement identifying individual properties by street address for participation in the ARM’s Rental Housing Program will be executed before funding is made available regarding each property. Funds will be paid to the CHDO only after it has met the commitment requirements as set forth in 24 C.F.R. § 92.2 (1) and (2), respectively, and is prepared to commence rehabilitation within twelve months. All units are considered to be fixed units based on the addresses in the addendum. 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. 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, Promissory Note, and Land Use Restriction provided by the Administrator and naming the County as Beneficiary in order to secure the use of the property for the term of the affordability period. The security instruments will be used to ensure compliance with the period of affordability as required by HUD at 24 C.F.R. § 92.252 of the HOME regulations, and ARPA and ERA2 program requirements. 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. Contract No. C-22-23-051-X-01 Amendment No. 1 2024 Work Statement A.R.M. of Save the Family CHDO Agreement Page 11 of 15 3.0 OBJECTIVES AND OUTCOMES: OBJECTIVE OUTCOMES AVAILABILITY/ ACCESSIBILITY AFFORDABILITY SUSTAINABILITY DECENT HOUSING Single-Family Housing Rehab and Emergency Rehab, Homebuyer Assistance Homebuyer Activities, Acq/Rehab of rental housing, Acq/New Construction of rental housing, Expansion of assisted rental units in the private marketplace Housing Activities in a targeted revitalization area 4.0 LOGIC MODEL: PERFORMANCE INDICATORS OUTPUTS INPUTS/ RESOURCES ACTIVITIES PARTICIPATION OUTCOMES OBJECTIVES CHDO staff, Funding, Contractors Acquire and rehabilitate one unit of Affordable Housing. 1 household in Urban County and; 14 households in Maricopa County, exclusive of the City of Phoenix. Increased affordable housing for low mod income families. Increase in homeownership, improved neighborhoods, improved quality of life. Decent housing. 5.0 SITE INFORMATION Scattered sites in Urban County within Mesa targeting zip codes, 85205, 85207, 85208 and; scattered sites in Maricopa County, exclusive of the City of Phoenix. The Parties will execute addenda to this Agreement when specific parcels are identified. 6.0 PERFORMANCE REPORTING GOALS: TIMELINE OF ACTIVITIES MILESTONE ESTIMATED COMPLETION Execute CHDO Agreement with Maricopa County 11/6/2024 Acquisition, Rehab, and Rental of first 5 units to Eligible Tenants 2/15/2025 Acquisition, Rehab, and Rental of second 5 units to Eligible Tenants 7/1/2025 Acquisition, Rehab, and Rental of last 4 units to Eligible Tenants 10/15/2025 Final Expenditure 1/15/2026 Final Close-out /Project Completion Form 1/15/2026 Any change to the Timeline will need to be approved by the County. Contract No. C-22-23-051-X-01 Amendment No. 1 2024 Work Statement A.R.M. of Save the Family CHDO Agreement Page 12 of 15 7.0 ACTIVITY FOLLOW-UP AND LONG-TERM COMMITMENT: The period of affordability is based on the total amount of HOME funds invested in the housing, and the requirements of the ERA2 and ARPA program. The Project will be monitored annually, and the units will be verified annually during the period of affordability. 8.0 ACTIVITY BUDGET SUMMARY: ACTIVITY HOME CHDO PY2024 ARPA SLFRF ERA2 OTHER SOURCES as detailed in Tables 9 and 10 below TOTAL ACTIVITY BUDGET Acquisition and Rehab $300,000.00 $1,227,982.87 $2,914,175.00 $840,775.00 $5,282,932.87 Developer Fee $15,000.00 $0.00 $320,000.00 $45,000.00 $380,000.00 TOTALS $315,000 $1,227,982.87 $3,234,175.00 $885,775.00 $5,662,932.87 9.0 ADDITIONAL SOURCES: AMOUNT SOURCE $327,293.00 Gilbert HOME funds $558,482.00 Chandler HOME funds $885,775.00 Total Other Sources 10.0 ACTIVITY MATCH: AMOUNT SOURCE $78,750 WISH ARPA and ERA2 funds do not require match, but CHDO funds require a 25% match. 11.0 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. 12.0 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 HOME Period of Affordability, which shall be for a period of 15years in accordance with HOME program requirements. ERA2 and ARPA funding requires a 20-year Period of Affordability. All households served with this project must earn at or below 50% AMI. Contract No. C-22-23-051-X-01 Amendment No. 1 2024 Work Statement A.R.M. of Save the Family CHDO Agreement Page 13 of 15 13.0 COMPLIANCE WITH REQUIREMENTS REGARDING EMERGENCY RENTAL ASSISTANCE 2.0 The CHDO shall also comply with Federal regulations applicable to this award to include, without limitation, the following: 13.1 The US Department of Treasury Emergency Rental Assistance FAQ 46 states that ERA2 funded affordable rental housing projects must be aligned with and meet the requirements of a qualified affordable housing program such as HOME. The ERA2 funding in this project is being held to HOME requirements. Per HUD CPD Notice 15-11 Section VII.D, HOME developers and owners may financially benefit from HOME-assisted projects, including via the use of reasonable developer fees. Developer fees “are charged by the Developer as a part of the project cost to compensate for the risk, time, and effort to build and sell or lease the property.” As such, agreed-upon Developer fees are an eligible project cost, and may be included in a claim for reimbursement. The Developer Fees will be paid out based on the amount of work completed or funds expended on the project. 13.2 Recipient Integrity and Performance Matters: Pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference. 13.3 Publications: Any publications produced with ERA2 funds must display the following language: “This project [is being] [was] supported, in whole or in part, by federal award number [enter project FAIN] awarded to [name of CHDO /Recipient] by the U.S. Department of the Treasury 13.4 Subaward and Executive Compensation Information reporting: The CHDO is responsible for reporting subaward and executive compensation information under 2 C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. part 170 is hereby incorporated by reference. 14.0 NOTICES Written notices under this Agreement shall be given by personal delivery, mail or email to the persons listed below. Lead Agency: Maricopa County Representative: Jamie Macfarlane Assistant Director, Housing and Community Development Division Human Services Department Phone: 602-506-5813 E-mail: jamie.macfarlane@maricopa.gov Address: 234 N. Central Avenue, Third Floor, Phoenix, AZ 85004 CHDO: ARM of Save the Family of Arizona Representative: Allisia Fiorini Phone: 480-466-7664 E-mail: allisia.fiorini@savethefamily.org Address: 125 E University Drive, Mesa, Arizona 85201 Contract No. C-22-23-051-X-01 Amendment No. 1 2024 Work Statement A.R.M. of Save the Family CHDO Agreement Page 14 of 15 Attachment 5 (Program Year 2022 HOME Income Limits and HOME Rent Limits)* *to be incorporated in the PY2022 Work Statement Contract No. C-22-23-051-X-01 Amendment No. 1 2024 Work Statement A.R.M. of Save the Family CHDO Agreement Page 15 of 15 Attachment 6 (Program Year 2024 HOME Income Limits and HOME Rent Limits)* * as referenced in the PY2024 Work Statement