AMENDMENT 1 TO AGREEMENT WITH ARM-CITY OF CHANDLER.PDF
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Contract No. C-22-19-023-3-01 Amendment No. 1 Page 1 of 5 AMENDMENT TO THE AGREEMENT FOR SERVICES BETWEEN MARICOPA COUNTY ADMINISTERED BY ITS HUMAN SERVICES DEPARTMENT AND AFFORDABLE RENTAL MOVEMENT (A.R.M.) OF SAVE THE FAMILY FOUNDATION OF ARIZONA A COMMUNITY HOUSING DEVELOPMENT ORGANIZATION AND THE CITY OF CHANDLER I. Maricopa County (“County”) administered by its Human Services Department and Affordable Rental Movement (A.R.M.) of Save the Family Foundation of Arizona, a Community Housing Development Organization (“CHDO”), and the City of Chandler (“City”) entered into a financial Agreement for services (“Agreement”) on or about April 29, 2019. The purpose of the Agreement is for the CHDO, acting in the capacity of a developer, to acquire and rehabilitate a single-family home in Chandler for CHDO’s scattered-site rental program. Completed homes are leased to eligible low-income individuals/families. The County provided the City and CHDO $225,000 in 2018 HOME Investment Partnerships Program (HOME) funds from the U.S. Department of Housing and Urban Development (HUD). The expendure timeframe for this activity shall be through September 30, 2022. The County, the City, and the CHDO may be referred to individually as “Party” or collectively as “Parties.” II. The Parties agree to amend the Agreement as follows (Amendment No. 1): A. Extend the term of the Agreement from September 30, 2022 to September 30, 2023. B. Add an additional Work Statement hereinafter referred to as “2019 Work Statement” for the CHDO to acquire, rehabilitate and rent a single family home for their scattered-site rental program. The expenditure term for this Work Statement shall expire on September 30, 2023. C. Provide funding for the 2019 Work Statement in an amount not-to-exceed $240,000. D. The funding amount for this Agreement shall be increased to $465,000. E. Section IV, Compensation, Subsection D, Reimbursement shall be amended to reference total funding of $465,000. III. The County shall reimburse the City on a Net 0 payment standard. This Agreement is subject to A.R.S. §38-511. The foregoing paragraphs contain all the changes made by this Amendment. All other terms and conditions of the original Agreement remain the same and in full force and effect as approved and amended. Contract No. C-22-19-023-3-01 Amendment No. 1 Page 2 of 5 IN WITNESS THEREOF, the Parties have signed this Amendment: APPROVED BY: CITY OF CHANDLER APPROVED BY: MARICOPA COUNTY ___________________________________ ____________________________________ Chairman, Board of Supervisors Date: __________________________ Date: __________________________ Attested To: ____________________________________ City Clerk Attested To: ____________________________________ Fran McCarroll, Clerk of the Board APPROVED BY: A.R.M. SAVE THE FAMILY FOUNDATION OF ARIZONA (CHDO) ___________________________________ Date: __________________________ IN ACCORDANCE WITH A.R.S. §§ 11-952, 11-201, AND 11-251, THIS AGREEMENT HAS BEEN REVIEWED BY THE UNDERSIGNED DEPUTY COUNTY ATTORNEY, AND, IN ACCORDANCE WITH A.R.S. § 11-952, THIS AGREEMENT HAS BEEN REVIEWED BY THE UNDERSIGNED ATTORNEY FOR CITY ON BEHALF OF CITY, AND, AS TO THEIR RESPECTIVE CLIENTS ONLY, EACH ATTORNEY HAS DETERMINED THAT THIS AGREEMENT IS IN PROPER FORM AND WITHIN THE POWER AND AUTHORITY GRANTED UNDER THE LAWS OF THE STATE OF ARIZONA. CITY OF CHANDLER BY: ______________________________ City Attorney MARICOPA COUNTY BY: ______________________________ Deputy County Attorney Date: __________________________ Date: __________________________ Contract No. C-22-19-023-3-01 Amendment No. 1 2019 Work Statement Page 3 of 5 MARICOPA COUNTY HOME Investment Partnerships Program Program Year 2019 Project: Rental Housing Type of Property: Single Family Residential Amount of Funding CHDO HOME AMOUNT CASH MATCH AMOUNT OTHER RESOURCES AMOUNT TOTAL BUDGET $240,000 $60,000.00 1.0 DETAILED SCOPE OF WORK Work Statement CHDO, acting in the capacity of a developer, will acquire and rehabilitate one (1) single-family home in Chandler and will target zip codes 85224, 85225, and 85226. The program is a scattered-site rental program. Once a property is identified and prior to acquisition, Parties will complete an environmental review and execute an Addendum. The Addendum will identify the individual property by street address for participation in ARM Rental Housing and will be executed before funding is made available. Funds will be paid to CHDO only after the CHDO has met the commitment requirements as set forth in 24 CFR 92. Funds for rehabilitation are obligated by completing a detailed set of plans and specifications (work write-up) and a detailed rehabilitation cost estimate based upon those specifications. The property will have an estimated value after rehabilitation that does not exceed 95 percent of the median purchase price for the area as described in 24 CFR 92.254(a)(2)(iii). Cost estimates may include a contingency for construction change orders of up to 15% for rehabilitation. The Administrator must inspect the property prior to occupancy and at project completion to ensure compliance with applicable standards and codes. The property must be free from any defects that pose a danger to the health and safety of occupants, and 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, CHDO will execute a Deed of Trust and Note provided by the Administrator and naming the City as Beneficiary in order to secure any funds provided to CHDO as reimbursement for acquisition costs. Recapture provisions will be used to ensure compliance with the period of affordability of fifteen (15) years as required by HUD at 24 CFR 92.252 of the HOME regulations. After the property is rehabilitated, the home will be leased to an eligible low-income individual or family. Tenant income eligibility will be verified by CHDO staff and will comply with 24 CFR 92.203. Consolidated Plan – Project will increase homeownership opportunities for low and moderate income households. High priority rated in the Consolidated Plan. Contract No. C-22-19-023-3-01 Amendment No. 1 2019 Work Statement Page 4 of 5 2.0 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 3.0 LOGIC MODEL: PERFORMANCE INDICATORS OUTPUTS INPUTS/RESOURCES ACTIVITIES PARTICIPATION OUTCOMES OBJECTIVES CHDO staff, Funding, Contractors Acquire and rehabilitate one unit of Affordable Housing. One household Increased affordable housing for low mod income families. Increase in home-ownership, improved neighborhoods, improved quality of life. Decent housing. 4.0 SITE INFORMATION: Scattered sites in Chandler targeting zip codes, 85224, 85225, and 85226. Parties will execute addenda to this Agreement when specific parcels are identified. 5.0 PERFORMANCE REPORTING GOALS TIMELINE OF ACTIVITIES MILESTONES: Tasks to be Performed START DATE COMPLETION DATE Application/market study 10/1/2019 10/1/2019 Execute Agreement 1/15/2020 1/15/2020 Site selection 8/1/2020 8/1/2020 Environmental review to City of Chandler 8/15/2021 8/30/2021 Acquisition 9/15/2021 10/15/2021 Work write-ups and bid selection 10/30/2021 10/15/2021 Rehabilitation 10/30/2021 10/30/2021 Final Close-out /Project Completion Form 11/20/2021 11/20/2021 Any change to the Timeline will need to be approved by the County. 6.0 ACTIVITY FOLLOW-UP AND LONG TERM COMMITMENT: Contract No. C-22-19-023-3-01 Amendment No. 1 2019 Work Statement Page 5 of 5 The period of affordability is based on the total amount of HOME funds invested in the housing. The Project will be monitored annually and the units will be verified annually during the period of affordability. 7.0 ACTIVITY BUDGET SUMMARY: ACTIVITY 2019 HOME FUNDS TOTAL ACTIVITY BUDGET Acquisition 210,000.00 210,000.00 Rehabilitation 15,000.00 15,000.00 Relocation Development Costs Staff Costs Services Administration Costs Development Fees 15,000.00 15,000.00 Other (Specify) TOTALS $240,000.00 $240,000.00 8.0 ACTIVITY MATCH: AMOUNT SOURCE $60,000.00 Federal Home Loan Bank 9.0 CHDO PROJECT PROCEEDS: All proceeds generated from CHDO development activities shall be considered Project proceeds and subject to the Project proceeds requirements set forth in HOME Program regulations. Project proceeds shall be tracked by the CHDO. Documentation supporting the amount of Project proceeds received and expended shall be submitted on the periodic progress report, if requested by the County. Project proceeds shall be retained and expended by the CHDO for acquisition and/or rehabilitation of additional properties under this Agreement, or for other HOME eligible activities with prior approval from the Administrator. 10.0 AFFORDABILITY REQUIREMENTS: The housing that is acquired with HOME funds must be single family housing. The family or individual leasing the housing must qualify as Low Income and maintain the housing as the principal residence throughout the Period of Affordability, which shall be for a period of 15 years in accordance with HOME program requirements.