Item Text

50. AGREEMENT WITH NEWTOWN COMMUNITY DEVELOPMENT CORPORATION Approve financial Amendment No. 1 to the Intergovernmental Agreement between Newtown Community Development Corporation (Developer), a Community Housing Development Organization and Maricopa County administered by its Human Services Department. The purpose of the Agreement is for the Developer to acquire and rehabilitate two (2) single-family houses in Chandler. The completed homes will be sold to eligible low-income homebuyers as part of Newtown-Chandler Community Land Trust Program which will ensure the homes remain affordable in perpetuity. The Developer and County shall be referred to as the “Parties.” The purpose of the Amendment is to address the following: A. Extend the termination of the Agreement from August 31, 2024 through September 30, 2025. B. Add an additional Work Statement (“2021 Work Statement”) for Newtown to acquire and rehabilitate an additional three (3) single-family houses in Maricopa County’s Urban County cities or County islands. The expenditure term for this Work Statement shall All work performed, or costs incurred or expended for this Work Statement, shall be reimbursable through September 30, 2025. C. The County shall provide Newtown with funding for the 2021 Work Statement activity a not to exceed amount of $334,213.26. D. Revise Section 1 (General Provisions) to address the following paragraphs: 1. Paragraph 36.0 (INSURANCE) to address the Insurance process. 2. Paragraph 39.0 (NONDISCRIMINATION) to address the Nondiscrimination, Equal Opportunity, and Equal Access process. 3. Paragraph 47.0 (PROPERTY) to address the Property process. 4. Paragraph 50.0 (EMPLOYMENT DISCLAIMER) to address the Employment Disclaimer process. 5. Paragraph 51.0 (CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION) to address the Debarment process. 6. Paragraph 52.0 (CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS) to address the Whistleblower process. 7. Add the following new paragraph – 55.0 FORCE MAJEURE E. Revise Section 2 (Special Provisions) to address the following paragraphs: 1. Paragraph 11.0 (ADMINISTRATIVE REQUIREMENTS) to address the Administrative Requirements process. 2. Paragraph 14.0 (SUBCONTRACTS AND VENDORS) to address the Subcontracts and Vendors process. 3. Paragraph 18.0 (GENERAL CONDITIONS) to address the General Conditions process. F. Revise Section 4 (Compensation) to address the following paragraph: 1. Paragraph 4.0 (REIMBURSEMENT) to address the Reimbursement process. All other terms and conditions of the Agreement shall remain the same and unchanged and in full force and effect as executed by the Parties. FY 2021: $334,213.26 Expenditures. Supervisor District: All (C-22-21-035-X-01)

Attachments (1)

Item Text

69. AMENDMENT TO THE AGREEMENT WITH NEWTOWN COMMUNITY DEVELOPMENT CORPORATION Approve financial Amendment No. 2 to the Developer Agreement between Newtown Community Development Corporation (Developer), a Community Housing Development Organization and Maricopa County administered by its Human Services Department. The purpose of the Agreement is for the Developer to acquire and rehabilitate single-family houses in Maricopa County’s Urban County or County Islands and make them available for rent to eligible families. The completed homes will be sold to eligible low-income first-time homebuyers as part of Newtown Community Land Trust Program which will ensure the homes remain affordable in perpetuity. The Developer and County shall be referred to as the “Parties.” The purpose of the Amendment is to address the following: A. Change Lead Agency Point of Contact. B. Revise Section 1 (General Provisions) to add the following paragraphs: 56.0 SYSTEM FOR AWARD MANAGEMENT 57.0 UYGHUR FORCED LABOR PREVENTION ACT (UFLPA) C. Revise Section 2 (Special Provisions), Paragraph 14.0 (Subcontracts and Vendors) to delete and replace Subparagraph 14.2 D. Add 2022 Work Statement: Developer to acquire and rehabilitate single-family houses in Maricopa County’s Urban County cities or County islands and make available for homeownership for eligible families. The Developer shall also provide down payment assistance for homeownership to eligible families. The expenditure term for this Work Statement shall be for all work performed, or costs incurred or expended reimbursable through September 30, 2025. E. The County shall provide the Developer with $2,065,257.95 for the Work Statement activities. The funding for Amendment No. 2 is provided by: 1. $785,257.95 HOME Investment Partnerships Program (HOME) funds under ALN 14.239: (PY19: $250,000; PI-PY22: $176,481.95; PY22: $358,776) to acquire and rehabilitate five (5) single-family houses in Maricopa County’s Urban County Cities or County Islands. 2. $500,000 HOME Investment Partnerships Program (HOME) funds under ALN 14.239 (PY21) to provide down payment assistance to, at minimum, (10) single-family homes participating in the CLT program in conjunction with HOME funds awarded by Maricopa County HOME Consortium Members and Maricopa County Urban County. 3. $780,000 American Rescue Plan Act (ARPA) Coronavirus State and Local Fiscal Recovery Funds (CSLFRF) under ALN 21.027 provide gap funding to acquire and rehabilitate, at minimum, (4) single-family homes in conjunction with HOME funds awarded by Maricopa County HOME Consortium Members and Maricopa County Urban County. F. The Agreement funding amount shall be increased from $874,213.26 to $2,159,471.21 in HOME funds and $780,000 ARPA funds for an Agreement total of $2,939,471.21. G. Revise Section 4 (Compensation), Paragraph 4.0 (Reimbursement), to address increasing the Reimbursement amount. The Agreement is amended to incorporate the changes contained in Amendment No. 2. All other terms and conditions of the Agreement shall remain the same and unchanged and in full force and effect as executed by the Parties. This Amendment No. 2 shall be effective upon approval and signature by both Parties. FY 2023: $2,065,257.95 Expenditures Supervisor District: All (C-22-21-035-X-02)

Attachments (1)