TOWN OF GILBERT HOME AMENDMENT 1.PDF

Contract No. C-22-21-049-X-01 
 
Amendment No. 1 
Page 1 of 7 
Town of Gilbert 
AMENDMENT NO. 1 TO THE 
INTERGOVERNMENTAL AGREEMENT 
BETWEEN 
MARICOPA COUNTY 
ADMINISTERED BY ITS 
HUMAN SERVICES DEPARTMENT 
AND  
TOWN OF GILBERT 
 
I. 
Maricopa County (“County”) administered by its Human Services Department and the 
Town of Gilbert (“Town”) entered into a financial Intergovernmental Agreement 
(“Agreement”) on or about October 27, 2020. The purpose of the Agreement is for the 
Town to acquire and rehabilitate a single-family, affordable rental home. The County 
provided the Town with $274,650 in 2020 HOME Investment Partnerships Program 
(HOME) funds from the U.S. Department of Housing and Urban Development (HUD). All 
work performed or cost incurred or expended shall be reimbursable through September 
30, 2024. The County and the Town may be referred to individually as the “Party” and 
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 termination date from September 30, 2024 through 
September 30,2025. 
 
B. 
Add an additional Work Statement hereinafter referred to as “2021 Work 
Statement”, attached and incorporated into the Agreement. The 2021 Work 
Statement is for the Town to purchase and rehabilitate a single-family, affordable 
rental home. 
 
C. 
The County shall provide $280,368 for the Work Statement activities. The funding 
for Amendment No. 1 is provided by HOME Investment Partnerships Program 
(HOME) and U.S. Department of Housing and Urban Development (HUD) funds, 
CFDA No. 14.239. All work performed or costs incurred or expensed shall be 
reimbursable through September 30, 2025. 
 
D. 
The Agreement funding amount shall be increased from $274,650 to $555,018. 
 
E. 
Revise Section 1 (General Provisions) to address the following: 
1. 
Paragraph 
51.0 
(CONTRACTOR 
EMPLOYEE 
WHISTLEBLOWER 
RIGHTS AND REQUIREMENTS TO INFORM EMPLOYEES OF 
WHISTLEBLOWER RIGHTS), by deleting Subparagraph 51.3 and 
replacing it with the following: 
51.3 
The Town shall insert the substance of this clause, including this 
Subparagraph, in all Subcontracts over the simplified acquisition 
threshold ($250,000 as of June 2021). 
 
2. 
Add paragraph 54.0 (FORCE MAJEURE): 
54.1 
Neither Party shall be liable for failure of performance, nor incur any 
liability to the other Party on account of any loss or damage 
resulting from any delay or failure to perform all or any part of this 
Agreement if such delay or failure is caused by events,

Contract No. C-22-21-049-X-01 
 
Amendment No. 1 
Page 2 of 7 
Town of Gilbert 
occurrences, or causes beyond the reasonable control and without 
negligence of the Parties. Such events, occurrences, or causes will 
include Acts of God/Nature (including fire, flood, earthquake, storm, 
hurricane, or other natural disaster), war, invasion, act of foreign 
enemies, hostilities (whether war is declared or not), civil war, riots, 
rebellion, revolution, insurrection, military or usurped power or 
confiscation, 
terrorist 
activities, 
nationalization, 
government 
sanction, lockout, blockage, embargo, labor dispute, strike, 
pandemic, 
and 
interruption 
or 
failure 
of 
electricity 
or 
telecommunication service. 
54.2 
Each Party, as applicable, shall give the other Party notice of its 
inability to perform and particulars in reasonable detail of the cause 
of the inability. Each party must use best efforts to remedy the 
situation and remove, as soon as practicable, the cause of its 
inability to perform or comply. 
54.3 
The Party asserting Force Majeure as a cause for non-performance 
shall have the burden of proving that reasonable steps were taken 
to minimize delay or damages caused by foreseeable events, all 
non-excused obligations were substantially fulfilled, and the other 
Party was timely notified of the likelihood or actual occurrence that 
would justify such an assertion, so that other prudent precautions 
could be contemplated. 
 
F. 
Revise Section 2 (Special Provisions) by deleting Paragraph 19.0 (General 
Conditions) and replacing it with the following: 
19.0 
GENERAL CONDITIONS 
19.1 
Administrative Change Orders - The Chairman of the Board of 
Supervisors is authorized upon the recommendation of the Human 
Services Department Director and Legal Counsel to make changes 
within the general scope of the Agreement on behalf of the County 
through Administrative Change Orders. Administrative Change 
Orders shall be approved and fully executed by the Chairman of the 
Board of Supervisors and the Town. 
19.1.1 Administrative Change Orders may address any of the 
following areas: 
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 
19.1.1.4 
Modifications to administrative requirements 
such as changes in reporting periods, 
frequency of reports, or report formats 
required by HUD or local regulations, 
policies, or requirements. 
19.1.2 It is the responsibility of the Town to ensure the latest 
documents are consulted and followed.

Contract No. C-22-21-049-X-01 
 
Amendment No. 1 
Page 3 of 7 
Town of Gilbert 
G. 
Revise Section 4 (Compensation) by deleting Paragraph 3.0 (Timeliness) and 
replacing it with the following: 
3.0 
TIMELINESS 
3.1 
The Town shall submit monthly requests for reimbursement by the 
15th calendar day of the month following the month close out. 
3.2 
The Town shall submit the final reimbursement for each Work 
Statement not later than 15 calendar days after the reimbursable 
period ends. 
3.3 
The Town shall submit to the County a Request for Reimbursement 
of all expenditures within the same fiscal year in which the 
expenditures are incurred. The fiscal year runs July 1st through 
June 30th and all Requests for Reimbursement shall be submitted 
no later than July 30th for the preceding fiscal year. 
3.4 
All requests for reimbursements shall be submitted to: 
HSDFINANCE@MARICOPA.GOV. 
 
III. 
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. 
 
IV. 
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 are contained on the following page)

Contract No. C-22-21-049-X-01 
 
Amendment No. 1 
Page 4 of 7 
Town of Gilbert 
IN WITNESS, the Parties have approved and signed this Amendment: NO. 1: 
 
FOR TOWN OF GILBERT: 
 
FOR MARICOPA COUNTY: 
 
__________________________________ 
Brigette Peterson                                Date 
Mayor 
 
 
 
____________________________________ 
Jack Sellers                                              Date 
Chairman, Board of Supervisors 
 
Attestation: 
 
___________________________________ 
Town Clerk                                             Date 
 
 
Attestation: 
 
____________________________________ 
Clerk of the Board                                    Date 
 
IN ACCORDANCE WITH A.R.S. §§ 9-240 
and 11-952, THIS AMENDMENT NO. 1 HAS 
BEEN REVIEWED BY THE UNDERSIGNED 
ATTORNEY WHO HAS DETERMINED THIS 
AMENDMENT NO. 1 IS PROPER IN FORM 
AND 
WITHIN 
THE 
POWERS 
AND 
AUTHORITY GRANTED TO THE TOWN OF 
GILBERT UNDER THE LAWS OF THE 
STATE OF ARIZONA. 
 
 
 
APPROVED AS TO FORM: 
 
 
 
___________________________________ 
 
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: 
 
 
 
___________________________________ 
Attorney for the Town                            Date 
Deputy County Attorney                       Date

Contract No. C-22-21-049-X-01 
 
2021 Work Statement 
Page 5 of 7 
Town of Gilbert 
MARICOPA COUNTY 
 
HOME Investment Partnerships Program 
Program Year 2021 
2021 Work Statement 
 
Consortium Member: Town of Gilbert, Arizona 
Project: Acquisition and Rehabilitation of Rental Housing 
HOME Funds: $280,368 
Type of Property: Single Family 
 
1.0 
SCOPE OF WORK 
1.1. 
Purchase and rehabilitate one (1) new permanent affordable rental home in the 
Town. A Subcontractor will utilize HOME funds for the purchase and minor 
rehabilitation of one home to be rented for income eligible residents. The 
contracting agency will ensure that eligible beneficiaries do not exceed the current 
Maricopa County HOME Income Limits. The Subcontractor will not exceed the 
annual HOME Rent Limits, including utilities.  
The Town currently has 13 permanent affordable rental homes. Affordable rental 
property is a high priority goal in the Town’s Consolidated Plan. 
 
1.2. 
Type of assistance/activity to be provided with HOME funds: Acquisition and 
Rehabilitation of Rental Housing and the creation of a permanent, affordable rental 
home. 
 
1.3. 
Methods and instruments used for ensuring affordability: Recapture provision. The 
HOME funds will be secured by a Deed of Trust and Promissory Note. 
The Town utilizes a recapture provision that will require the HOME funds to be 
repaid in full by either the Subcontractor or the Town if the unit is determined to be 
no longer eligible. Funds to be repaid will be based on the entire amount of HOME 
subsidy that was originally used to purchase and rehabilitate the unit. All units are 
secured by a Deed of Trust and Promissory Note. 
 
1.4. 
Anticipated use of Program Income: No Program Income is anticipated. 
 
2.0 
OBJECTIVES AND OUTCOMES: 
OBJECTIVE 
OUTCOMES 
AVAILABILITY/ 
ACCESSIBILITY 
AFFORDABILITY 
SUSTAINABILITY 
DECENT 
HOUSING 
 
Single-Family 
Housing Rehab 
and Emergency 
Rehab, 
Homebuyer 
Assistance 
 
Homebuyer Activities, 
Acquisition/Rehab of rental 
housing, acquisition/New 
Construction of rental 
housing, Expansion of 
assisted rental units in the 
private marketplace 
 
Housing Activities in a 
targeted revitalization 
area

Contract No. C-22-21-049-X-01 
 
2021 Work Statement 
Page 6 of 7 
Town of Gilbert 
 
3.0 
LOGIC MODEL: PERFORMANCE INDICATORS: 
 
 
 
 
INPUTS/RESOUR
CES 
In order to 
accomplish 
proposed 
activities, the 
Subrecipient will 
need the following: 
ACTIVITIES 
In order to 
address the 
issue, the 
Subrecipient will 
conduct the 
following 
activities: 
OUTPUTS 
Once completed, 
these activities will 
produce the 
following: 
OUTCOMES 
When 
completed, 
these activities 
will lead to the 
following 
changes: 
IMPACT 
Long term 
changes: 
HOME funding 
Purchase and 
rehabilitate one 
single family unit 
home for a 
household at or 
below 60% of 
the Area Median 
Income 
Expand affordable 
housing 
opportunities 
Safe and 
decent housing 
for a low-
income 
household. 
Stable 
neighborhoods 
 
4.0 
PROPOSED BENEFICIARIES: 
Targeted Population by 
Income Level 
Number of 
Households 
Total Number 
of Units 
Number of HOME 
Assisted Units in 
program (if rental)  
Households at or below 50% 
 
 
 
Households at or below 60% 
1 
1 
1 
Households at or below 80% 
 
 
 
TOTAL 
1 
1 
1 
 
5.0 
PRIORITY POPULATION: 
Priority Populations 
No. of Units 
Elderly 
 
Physically Disabled 
 
Other Priority Populations: Veterans, Homeless 
 
 
 
6.0 
PERFORMANCE REPORTING GOALS/TIMELINE OF ACTIVITIES: 
MILESTONES 
COMPLETION 
DATE 
MILESTONES 
COMPLETION 
DATE 
HOME Amendment signed 
by Town Council 
10/19/2021 
HOME Amendment signed 
by Town Council 
10/19/2021 
Market Study 
2/1/2022 
Market Study 
2/1/2022 
Underwriting 
4/15/2022 
Underwriting 
4/15/2022 
Secure Financing 
5/15/2022 
Secure Financing 
5/15/2022 
Environmental Review 
6/1/2022 
Environmental Review 
6/1/2022 
Obtain Site Control 
7/15/2022 
Obtain Site Control 
7/15/2022 
Developer Selected and 
Signed Development 
Contract 
8/1/2022 
Developer Selected and 
Signed Development 
Contract 
8/1/2022 
Any change to the Timeline will need to be approved by the County

Contract No. C-22-21-049-X-01 
 
2021 Work Statement 
Page 7 of 7 
Town of Gilbert 
 
7.0 
ACTIVITY BUDGET SUMMARY: 
ACTIVITY 
PY 2021 
HOME 
FUNDS 
CASH 
MATCH 
OTHER 
RESOURCES 
(9.0) 
TOTAL 
ACTIVITY 
BUDGET 
Acquisition/Rehabilitation  
$264,368 
0 
0 
$264,368 
Developer Fees 
$16,000 
0 
0 
$16,000 
 TOTALS 
$280,368 
0 
0 
$280,368 
Cash match dedicated to this Project only 
 
8.0 
SOURCE AND AMOUNT OF OTHER RESOURCES: 
FUNDING AGENCY 
AMOUNT 
VOLUNTEER/IN-KIND 
AMOUNT 
Name 
 
 
 
9.0 
ACTIVITY MATCH: 
TYPE 
SOUCE/FUNDING AGENCY 
Federal Home Loan Bank (FHLB) funds from non-
federal source – Maricopa County 
$70,092 
Match commitment must equal 25% of the HOME funds requested. Documentation is due at the 
time of each request for payment