CPLC PUEBLO SERIAL 220166 AMENDMENT 2.PDF
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Amendment No. 2
C-73-22-081-X-26
SERIAL 220166-RFP
AMENDMENT NO. 2
TO
SERIAL 220166-RFP, AFFORDABLE HOUSING DEVELOPMENT OPPORTUNITIES
BETWEEN
CHICANOS POR LA CAUSA, INC.
&
MARICOPA COUNTY
WHEREAS, Maricopa County, Arizona (“County”) and CHICANOS POR LA CAUSA, INC. (“Contractor”) have
entered into a Contract for the purchase of AFFORDABLE HOUSING DEVELOPMENT
OPPORTUNITIES dated June 22, 2022 (“Agreement”) County Contract No: 220166-RFP.
WHEREAS, County and Chicanos Por La Causa, Inc. have agreed to further modify the Agreement by changing
certain terms and conditions in Amendment No. 1 dated May 24, 2023.
WHEREAS, County and Chicanos Por La Causa, Inc have agreed to further modify the Agreement by changing
certain terms and conditions through this Amendment No. 2.
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.
The purpose of the Amendment is to amend portions of the Agreement and adjust the structure of
the Agreement accordingly. This Amendment No. 2 is subject to and incorporates the provisions
of A.R.S. § 38-511.
2.
Amend the following sections as indicated:
2.1
Amend Section 1.0- Contract Term such that the term of the contract is extended from two
years to three years and six months. The expiration date will extend from June 30, 2024, to
December 31, 2025.
2.2
Amend Section 2.0 Option to Renew such that the renewal term available will be revised
from “two years and six months” to indicate renewal terms of “up to a maximum-date not
to extend beyond December 31, 2026.”
2.3
Amend Section 7.17: DUNS Number And System for Award Management Registration
as follows:
2.3.1
Strike “DUNS Number” in Title and replace with “Unique Entity Identifier”
2.3.2
Strike “Data Universal Numbering System (DUNS) number through
http://fedgov.dnb.com/webform” and replace with “Unique Entity Identifier
(UEI) through www.sam.gov”.
2.3.3
Add language to indicate Contractor, all subcontractors, and all subrecipients are
required to have a valid Unique Entity Identifier (UEI) and the UEI must be
included in all Project files.
2.4
Amend to add the following new sections:
2.4.1
Section 7.35 - Provisions Required by Law
2.4.2
Section 7.36 - Religious Activities
2.4.3
Section 7.37 - Political Activities Prohibited
2.4.4
Section 7.38 - Equal Employment Opportunity
2.4.5
Section 7.39 - Certification Regarding Lobbying
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2.4.6
Section 7.40 - Clean Air Act & Clean Water Act
2.4.7
Section 7.41 - Energy Policy and Conservation Act
2.5
Amend Exhibit C – Special Terms and Conditions as follows:
2.5.1
Extend the Funding Completion Date above Section 1 from June 30, 2024, to
December 31, 2025.
2.5.2
Amend Section 15. to strike “June 30, 2024” and add “December 31, 2025” as
the final clam for reimbursement date, post issuance of the final certificate of
occupancy.
[Please see revisions following signature page]
Amendment No. 2
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IN WITNESS WHEREOF, the Contract Amendment is executed on the date set forth below and executed by
Maricopa County.
CHICANOS POR LA CAUSA, INC., LLC., an Arizona Non-Profit Corporation
AUTHORIZED SIGNATURE OF PRINCIPAL
PRINTED NAME AND TITLE
ADDRESS
DATE
MARICOPA COUNTY
JACK SELLERS, CHAIRMAN, BOARD OF SUPERVISORS
DATE
ATTESTED:
CLERK OF THE BOARD
DATE
APPROVED AS TO FORM:
DEPUTY COUNTY ATTORNEY
DATE
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Revisions to contract in Red.
AFFORDABLE HOUSING DEVELOPMENT OPPORTUNITIES
220166-RFP
This Contract is entered into this 22nd day of June 2022 by and between Maricopa County (“County”), a
political subdivision of the State of Arizona, and Chicanos Por La Causa, Inc., an Arizona non-profit
corporation (“Contractor” or “Developer”).
1.0
CONTRACT TERM
This Contract is for a term of 2 years 3 years and 6 months, beginning on the 22nd day of June
2022 and ending the 30th day of June 2024 31st day of December 2025; 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 of two years and six months date not to extend beyond 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: 30 years from
the date of issue of Certificate of Occupancy.
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.
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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 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 Department of Housing 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
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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 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 will be maintained,
or an extended discovery period will 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
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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.
7.2.9.2
Errors and Omissions/Professional Liability Insurance
Errors and Omissions (Professional Liability) insurance which will
insure and provide coverage for errors or omissions or professional
liability of the Contractor, with limits of no less than $2,000,000 for
each claim.
7.2.9.3
Builder’s Risk (Property) Insurance
Contractor shall purchase and maintain, on a replacement cost basis,
Builders’ Risk insurance and, if necessary, Commercial Umbrella
insurance in the amount of the initial Contract amount, as well as
subsequent modifications thereto for the entire work at the site. Such
Builders’ Risk insurance shall be maintained until final payment has
been made or until no person or entity other than County has an
insurable interest in the property required to be covered, whichever is
earlier. This insurance shall include interests of County, Contractor,
and all subcontractors and sub‐subcontractors in the work during the
life of the Contract and course of construction and shall continue until
the work is completed and accepted by County. For new construction
projects, Contractor agrees to assume full responsibility for loss or
damage to the work being performed and to the structures under
construction. For renovation construction projects, Contractor agrees
to assume responsibility for loss or damage to the work being
performed at least up to the full Contract amount, unless otherwise
required by the Contract documents or amendments thereto. Builders’
Risk insurance shall be on a special form and shall also cover false
work and temporary buildings and shall insure against risk of direct
physical loss or damage from external causes including debris
removal, and demolition occasioned by enforcement of any applicable
legal requirements, and shall cover reasonable compensation for
architect’s service and expenses required as a result of such insured
loss and other “soft costs” as required by the contract. Builders’ Risk
insurance must provide coverage from the time any covered property
comes under Contractor’s control and/or responsibility, and continue
without interruption during construction, renovation, or installation,
including any time during which the covered property is being
transported to the construction installation site and while on the
construction or installation site awaiting installation. The policy will
provide coverage while the covered premises or any part thereof are
occupied. Builders’ Risk insurance shall be primary, and any insurance
or self‐insurance maintained by the County is not contributory. If the
Contract requires testing of equipment or other similar operations, at
the option of County, Contractor will be responsible for providing
property insurance for these exposures under a Boiler and Machinery
insurance policy or the Builders’ Risk Insurance policy.
7.2.10 Certificates of Insurance
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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 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
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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
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
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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.
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.
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7.17
DUNS NUMBER UNIQUE ENTITY INDENTIFER 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
Data Universal Numbering System (DUNS) number through
http://fedgov.dnb.com/webform Unique Entity Identifier (UEI) through
www.sam.gov. Contractor must also be registered 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.
The Contractor and all subcontractors or subrecipients shall have a valid Unique
Entity Identifier (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.
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:
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.
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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
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).
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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 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.
Amendment No. 2
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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
7.30.1.2 EXHIBIT B – STATEMENT OF WORK
7.30.1.2.1 Attachment B1: Project Description
7.30.1.2.2 Attachment B2: Budget
7.30.1.2.3 Attachment B3: Proposed Project Schedule
7.30.1.2.4 Attachment B4: Budget Amendment Request Form
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7.30.1.2.5 Attachment B5: HOME Income and Rent Limits
7.30.1.2.6 Attachment B6: Utility Allowances
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: Prohibited Lease Provisions
7.30.1.4.4 Attachment D4: Request for Reimbursement Procedures
7.30.1.4.5 Attachment D5: Sample Request for Reimbursement Cover
Letter
7.30.1.4.6 Attachment D6: Request for Reimbursement Form
7.30.1.4.7 Attachment D7: ARPA Progress Report
7.30.1.4.8 Attachment D8: Annual Rental Compliance Report
7.30.1.5 EXHIBIT E – SECURITY INSTRUMENTS
7.30.1.5.1 Attachment E1: Sample Declaration and Assignment of
Affirmative Land Use; Deed of Trust; Promissory Note
7.30.1.5.2 Attachment E2: Sample ALTA / NSPS Land Title Survey
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: Rachel Milne, Assistant Director
Phone Number: 602-506-1528
Housing and Community Development Manager
Phone Number: 602-506-5813
AND
Maricopa County
Office of Procurement Services
301 W. Jefferson St. Suite 700
Phoenix, Arizona 85003-1647
For Contractor:
Chicanos Por La Causa, Inc
1112 E Buckeye Road
Phoenix, AZ 85034
Attention: Legal
Phone: 602-257-0700
Email: contracts@CPLC.org
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7.32
INQUIRIES
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 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
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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 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.
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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.
7.39.2 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.
7.39.3 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.
7.39.3.1 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).
Amendment No. 2
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EXHIBIT A-CONTRACTOR (DEVELOPER) INFORMATION
DUNS #
136249609
UNIQUE ENTITY ID
H4HTRFZTL683
FEDERAL TAX ID #
86-0227210
COMPANY NAME:
Chicanos Por La Causa, Inc.
DOING BUSINESS AS (dba):
MAILING ADDRESS:
1112 E. Buckeye Road, Phoenix 85034
REMIT TO ADDRESS:
Tim Johnson
TELPHONE NUMBER:
602-257-0700
FAX NUMBER:
WWW ADDRESS:
www.cplc.org
REPRESENTATIVE NAME:
Evelyn Guerrero
REPRESENTATIVE TELEPHONE NUMBER:
602-257-6727
REPRESENTATIVE EMAIL ADDRESS
Evelyn.Guerrero@cplc.org
contracts@cplc.org
YES
NO
REBATE
WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO
PURCHASE FROM THIS CONTRACT:
WILL ACCEPT PROCUREMENT CARD FOR PAYMENT:
FUEL COMPRISES (if applicable) % OF TOTAL BID AMOUNT
PAYMENT TERMS:
NET 30 0 DAYS
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EXHIBIT B – STATEMENT OF WORK
Attachment B1: Project Description
Project Description:
The Project as described herein as, Pueblo Apartments, shall utilize ARPA funds to construct a 161-unit
affordable rental housing community. The Project is located at 316 W Broadway Rd, Phoenix, AZ (the
“Property”), on approximately 4.2 acres of land. Pueblo Apartments shall consist of ten (10) studio units,
twenty-six (26) one-bedroom units, eighty-six (86) two-bedroom units, and thirty-nine (39) three-bedroom
units.
ARPA funds as well as 4% Low Income Housing Tax Credits (“LIHTC”), City of Phoenix Home Investment
Partnership Funds (“HOME”) and Federal Home Loan Bank Affordable Housing Program (“FHLB-AHP”)
shall be used to complete the Project. The fund shall be used to construct eight (8) ARPA-assisted
“floating” units at the Property (“ARPA-assisted units”). During the thirty (30) year Period of Affordability
(as defined in the Agreement), the eight (8) ARPA-assisted floating units shall consist of; (a) one (1)
studio-unit; (b) one (1) one-bedroom unit; (c) four (4) two-bedroom units; and (d) two (2) three-bedroom
units. The term “floating” in this Agreement shall be defined as set forth in 24 C.F.R. § 92.252(j). The
income restrictions on the ARPA-assisted units must be maintained during the entire Period of
Affordability.
ARPA funds in the amount of $1,600,000 are being sought to offset the eligible acquisition, hard
construction cost and site planning including Architectural and Engineering fees. All 161 Project units
shall be permanent affordable housing units targeted to serve households earning at or below 40%, 50%
and 60% area median income (“AMI”). The ARPA-assisted units shall be restricted to units serving at or
below 60% AMI.
The Project shall incorporate design features that respect the surrounding neighborhood. In order to
buffer the residential properties to the north of the site, residential style frontages and landscaping along
Pueblo Avenue is proposed. Along with this, to create a less drastic transition from one story single-family
residential neighborhood, the Project shall incorporate building heights starting at two stories on Pueblo
Avenue and increasing toward Broadway Rd. The Project amenities shall include a business center,
clubhouse, central laundry, outdoor fitness equipment, picnic areas, playground, splash pad, on-site
management, service coordinators and free WIFI in common areas. Security shall be provided via limited
access intercom buzzer, perimeter fencing and video surveillance. The Project shall also offer 161 off-
street parking spaces free for the tenants. Pueblo Apartments shall include Studios, one-, two- and three-
bedroom apartments. The square footage for each unit type is comfortable ten (10) Studio units at 450
square-feet, twenty-six (26) one-bedrooms units at 603 square-feet, eight-six (86) two-bedroom units at
869 square-feet and thirty-nine (39) three-bedroom units at 1,130 square-feet. The unit amenities include
blinds, ceiling fans, walk-in closets and central A/C. Appliances shall include dishwasher, garbage
disposal, microwaves, refrigerator and range/oven.
Although funding for supportive services is not included in this agreement, Chicano Por La Causa, Inc’s
(“CPLC”) service delivery and program offerings shall extend to the residents of Pueblo Apartments.
Residents shall have access to CPLS’s 40 programs located throughout Maricopa County. CPLC shall
also work with local nonprofits and community organizations to support the residents' varied interests and
needs.
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.
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Occupancy Requirements – The Project staff shall determine and verify income eligibility of tenants 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 at or below 60% AMI (very low income) throughout the Period of
Affordability; see Exhibit B, Attachment B5: HOME Income and Rent Limits. The Project shall define
“Annual Income” as it is defined at 24 C.F.R. Part 92 and shall document sources of income and examine
eligibility on an annual basis in order to meet requirements of HOME regulations at 24 C.F.R. Part
92.203. Additional guidance and resources are outlined in Exhibit D, Attachment D2: Occupancy
Restrictions and Project Unit Characteristics.
Rental Requirements - The ARPA-assisted units shall be designated as Low HOME units, which are
outlined in Exhibit B, Attachment B5: HOME Income and Rent Limits. Utility Allowances are outlined
in Exhibit B, Attachment B6: Utility Allowances. The Low HOME rent limit is the maximum rent
allowed for a ARPA-assisted unit; the maximum rent amount includes the utility allowance. Any increase
in the lesser of these rent limits must be approved by HUD and the State of Arizona Department of
Housing. The Developer shall provide to us a written request for the increase in rent limits and supporting
documentation for the justification of this request.
Affordability Period – The Developer shall ensure all housing assisted under this Agreement meets the
affordability requirements of 24 C.F.R. § 92.254 or § 92.252, as applicable.
Deliverables
Beneficiaries
Number of households (units)
8
Number of people (approximate)
18
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.
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EXHIBIT B – STATEMENT OF WORK
Attachment B2: Budget
FUND SOURCES
Sources
Total
Bank Debt
$16,646,000.00
4% Low Income Housing Tax Credit Tax Equity
$14,517,675.00
Federal Home Loan Bank - AHP
$471,810.00
City of Phoenix HOME
$1,000,000.00
Maricopa County ARPA Funds
$1,600,000.00
Total
$34,235,485
BUDGET SUMMARY
Name of Activity: Pueblo Apartments
ARPA Funds
Additional Sources
TOTAL COST
Acquisition Costs
Land
$ 800,000
$ 500,000
$
1,300,000
Building Acquisition
$ -
$ -
$ -
Other: taxes, title, recording
$ -
$ -
$ -
General Development Costs
Construction Hard Costs- Residential
$
100,000
$ 22,205,198
$ 22,305,198
Construction Costs- Nonresidential
$ -
$ -
$ -
Contractor OH, Profit, and Gen. Conditions
$ -
$ 2,539,461
$
2,539,461
Hard Costs Contingency
$ -
$ 1,058,109
$
1,058,109
Environmental- inspection and remediation
$ -
$ 10,000
$
10,000
Archeological reports
$ -
$ 53,142
$
53,142
Site Planning
$ 85,196
$ 59,436
$
144,632
Architect Fees
$
394,914
$ -
$
394,914
Engineering Fees
$
219,890
$ -
$
219,890
Survey, Permit, Tests
$ -
$ 130,100
$
130,100
Legal Fees
$ -
$ 250,000
$
250,000
Other Professional Fees
$ -
$ 30,000
$
30,000
Accounting and Cost Certification
$ -
$ 22,500
$
22,500
Title and Recording
$ -
$ 25,000
$
25,000
Market Study/Appraisal
$ -
$ 25,000
$
25,000
Real Estate Taxes
$ -
$ -
$ -
Insurance
$ -
$ 85,021
$
85,021
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Construction Period Interest
$ -
$ 1,596,926
$
1,596,926
Construction Perm Financing Fees
$ -
$ 371,880
$
371,880
Marketing Expense
$ -
$ 26,605
$
26,605
Reserves
$ -
$ 303,297
$
303,297
Soft Cost Contingency
$ -
$ -
Other: Bond financing, LIHTC fees
$ -
$ 1,405,950
$
1,405,950
Developer’s Fee
Developer’s Fee
$ -
$ 1,937,860
$
1,937,860
Homeownership Counseling
Counseling fee
$ -
$ -
$ -
Program Administration Costs*
Program Management Services
$ -
$ -
$ -
Staff
$ -
$ -
$ -
Supportive Services
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
TOTALS
$
1,600,000
$ 32,635,485
$34,235,485
FUND SOURCES
Sources
Total
Maricopa County ARPA Funds
$1,600,000.00
Total
$1,600,000.00
BUDGET SUMMARY
Name of Activity: Pueblo Apartments
ARPA Funds
Acquisition Costs
Land
$ 800,000
General Development Costs
Construction Hard Costs- Residential
$ 100,000
Site Planning
$ 85,196
Architect Fees
$ 394,914
Engineering Fees
$ 219,890
TOTALS
$ 1,600,000
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BUDGET CHANGE SUMMARY
Chicanos Por La Casa, Inc. Pueblo Apartments
Cost Description
Contract
Amount
Modification
Revised
Budget
Acquisition Cost
Land
800,000
-800,000
0
General Development Costs
Construction Hard Costs- Residentia
100,000
+618,067
718,067
Site Planning
85,196
-85,196
0
Architect Fees
394,914
+281,238
676,152
Engineering Fees
219,890
-219,890
0
Permits and Fees Paid for by Developer
0
+205,781
205,781
TOTAL
1,600,000
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EXHIBIT B – STATEMENT OF WORK
Attachment B3: Proposed Project Schedule
Project Milestone
Estimated
Completion
Date
Comments
Site Acquisition
6-14-2018
Construction Loan (Closing Date)
09/01/2022
Partnership Closing (Closing
Date)
10/01/2022
Permanent Loan Commitment
09/01/2022
Forward commitment
Permanent Loan Closing
06/30/2024
Other Funds Firm Commitment
8/31/2022
Source: HOME
Other Funds Firm Commitment
Source:
Environmental Review
Completion
8/31/2022
City of Phoenix
Authority to Use Grant Funds
Zoning Entitlements
07/01/2020
Plans Submitted to the
Municipality
01/01/2022
Civil Permits Issued
08/01/2022
Building Permits Issued
09/01/2022
Contractors Notice to Proceed
Issued
10/01/2022
Construction Mobilization
11/01/2022
25% Completion
03/01/2023
50% Completion
06/01/2023
75% Completion
11/01/2023
Certificate of Occupancy
1/30/2024
ARPA-Assisted Units Occupied
02/28/2024
100% Occupancy
06/30/2024
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EXHIBIT C – SPECIAL TERMS AND CONDITIONS
Funding Completion Date:
June 30, 2024 December 31, 2025
Developer:
Chicanos Por La Causa, Inc.
CFDA ALN Number:
CFDA ALN 21.027 American Rescue Plan Act Coronavirus State and
Local Fiscal Recovery Funds
DUNS UEI Number:
136249609 H4HTRFZTL683
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
Pueblo Apartments.
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 executed by Developer and recorded in the
office of the Maricopa County Recorder that secures the repayment of the funds advanced
to the Developer under certain conditions set forth in the document.
d. “Obligations Secured” means the Promissory Note, the Contract and the Declaration 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. “Period of Affordability” means a term of thirty (30) years, commencing on the date any
certificate of occupancy is issued to the Project, during which all housing assisted under
the Contract shall satisfy the requirements set forth on Exhibit D, attachment D2 to the
Contract.
f.
“Project” means Pueblo Apartments, all as submitted to the County by Developer in
response to the solicitation by the County on January 11, 2022.
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g. “Promissory Note” means a document evidencing Developer’s promise to repay the funds
advanced under certain conditions set forth in the document.
h. “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, the completion of leases to qualified tenants who shall reside
in the Project and eligible on-site supportive services.
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 $1,600,000, 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 fully authorized
and executed Declaration and Assignment of Affirmative Land Use, and a Deed of Trust, which documents
shall be recorded in the Maricopa County Recorder’s Office, to attach to the Project. The forms for such
documents are attached to the Contract as Exhibit E, attachment E1. Declaration and Assignment of
Affirmative Land Use shall bind the property of the Project to provide affordable housing to the tenants who
are to reside in the Project during the entirety of the Affordability Period. In no event shall said Declaration
be removed of record or modified in any manner without the prior written consent of the County.
11.
Prior to any funds being disbursed, Developer shall deliver to the County a copy of all
proposed forms of lease that will be required to be executed by prospective residents of the Project. No
funds will be disbursed unless and until the County approves all proposed forms of lease.
12.
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. The payment procedures
and sample forms for a properly executed claim are shown on Exhibit D, attachments D4-
D6 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.
13.
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
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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.
14.
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 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.
15.
Prior to occupancy 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 submit all claims for reimbursement, including the final claim for reimbursement post
issuance of the final certificate of occupancy, not later than June 30, 2024 December 31, 2025, unless
extended pursuant to paragraph 14 hereof. The term “occupancy” for purposes of obtaining the balance of
funding for the Project will be as defined on Exhibit D, attachment D2 attached hereto and made a part
hereof. However, in no event will the balance of funds be released to Developer unless and until all project
beneficiaries are named and income qualified.
16.
The County will not be liable for any contracts entered into by Developer in anticipation of
receiving payments under the Contract.
17.
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. A copy of the then current rent rolls.
b. Proof that all residents of the Project are qualified by income to reside in the Project.
c. A copy of the then current forms of lease required to be executed by residents of the
Project.
d. 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.
e. Schedule with the County an inspection to allow the County to ensure all units are in
compliance with Housing Quality Standards (HQS).
18.
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 “occupancy” of the Project as defined on Exhibit D, attachment D2 attached
hereto and made a part hereof, 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.
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19.
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.
20.
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.
21.
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.
22.
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.
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EXHIBIT D- ADDITIONAL PROCEDURES/FORMS
Attachment D5: Sample Request for Reimbursement Cover Letter
AGENCY LETTERHEAD
Date
Rachel Milne, Assistant Director
Housing and Community Development Manager
Maricopa County Human Services Department
234 North Central Avenue
Phoenix, AZ 85004
Re:
Project Name:
Quarterly Report Enclosed _____
Contract Number: ________________ Payment Request Number: _________
Dear _________________:
This letter certifies that ( Agency Name )(“Project Name”) has complied with the requirements of the
Department of Housing and Urban Development, Maricopa County, the ARPA Program and our
agreement for reasonable and necessary costs of construction. The Project additionally certifies the files,
including project management documentation files, and financial documentation of expenditures incurred
in accordance with the program rules and regulations for eligible costs.
Therefore, the Project respectfully requests reimbursement of funds in the amount of
$_________________ as established by the attached itemized expenditure invoice, other invoices,
current project status report, proof of payment and other supporting documentation. If you have any
questions, please contact me at _____________________.
Sincerely,
Signature: __________________________
Printed Name: _______________________
Title: _______________________________
Enclosure