CITY OF GLENDALE IGA AMENDMENT 3.PDF
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Contract No. C-22-17-028-3-03 Amendment No. 3 AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY ADMINISTERED BY ITS HUMAN SERVICES DEPARTMENT AND CITY OF GLENDALE I. Maricopa County (“County”) administered by its Human Services Department and the City of Glendale (“City”) entered into a financial Intergovernmental Agreement (“Agreement”) on or about January 12, 2017. The purpose of the Agreement is for the City to provide owner occupied housing rehabilitation and a single family housing construction program with homebuyer assistance. The County provided the City with $514,115 in 2016 HOME Investment Partnerships Program (HOME) funds from the U.S. Department of Housing and Urban Development (HUD). The County and the City may be referred to individually as “Party” or collectively as “Parties.” The Parties executed Amendment No. 1 on or about March 8, 2018 to add 2017 Work Statements (A&B) for owner occupied housing rehabilitation and a single family housing construction with homebuyer assistance programs. Through this Amendment, the County provided the City with $515,985 for HOME funded activities. The Amendment also extended the term of the Agreement from January 12, 2019 to September 30, 2021. All work performed or costs incurred or expended under 2017 Work Statements shall remain reimbursable through September 30, 2021.The total funding amount for the Agreement was increased to $1,030,100. The Parties executed Amendment No. 2 on or about March 27, 2019 to add 2018 Work Statements (A&B) for owner occupied housing rehabilitation and a single family housing construction with homebuyer assistance programs. Through this Amendment, the County provided the City with $718,852 for HOME funded activities. The Amendment also extended the term of the Agreement from January 12, 2019 to September 30, 2022. All work performed or costs incurred or expended under 2018 Work Statements shall remain reimbursable through September 30, 2022.The total funding amount for the Agreement was increased to $1,748,952. II. The Parties agree to enter into this Amendment No. 3 to the Agreement as follows: A. Extend the expenditure deadline for the HOME Program Year 2016 funds from September 30, 2019 to September 30, 2021. Extending the expenditure deadline will provide the City with additional time to complete the Work Statement identified in the original Agreement. The Parties agree that all work performed or costs incurred or expended shall remain reimbursable under the original terms and conditions. B. Extend the term of the Agreement from September 30, 2022 to September 30, 2023. C. The County shall provide the City with funding for Amendment No. 3, funding shall not exceed $669,968.56. The total funding amount for the Agreement shall be increased to $2,418,920.56. D. Add three (3) additional Work Statements to the Agreement: 1. 2019 Work Statement A: a. The County shall provide the City with $200,311.39 HOME 2019 Program Year Funding ($158,438.35 Entitlement funds and $41,873.04 Administration funds). Page 1 of 15 Contract No. C-22-17-028-3-03 Amendment No. 3 b. The City shall utilize $63,083.87 of HOME 2019 Program Year/Program Income funds towards the 2019 Work Statement activities. c. The City shall provide owner occupied housing rehabilitation or reconstruction activities. d. The expenditure deadline for the Work Statement shall expire on September 30, 2023. 2. 2019 Work Statement B: a. The County shall provide the City with $79,220 in 2019 HOME funds. b. The City shall acquire land, construct a single family home and provide homebuyer assistance. c. The expenditure deadline for the Work Statement shall expire on September 30, 2023. 3. 2019 Work Statement C a. The County shall provide the City with $390,437.17 in 2019 HOME funds. b. The City shall utilize funding for new construction of multi-family rental housing. c. The expenditure deadline for the Work Statement shall expire on September 30, 2023; and E. Section IV, Compensation, Subsection D, Reimbursement shall be amended to reference total funding of $2,418,920.56. III. The County shall reimburse the City on a Net 0 payment standard. IV. 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 and previous Amendments remain the same and in full force and effect as approved and amended. [Signatures on following page] Page 2 of 15 Contract No. C-22-17-028-3-03 Amendment No. 3 IN WITNESS THEREOF, the Parties have signed this Amendment: APPROVED BY: APPROVED BY: CITY OF GLENDALE MARICOPA COUNTY ___________________________________ ____________________________________ Chairman, Board of Supervisors Attested To: Attested To: ____________________________________ ____________________________________ City Clerk Date Fran McCarroll, Clerk of the Board Date IN ACCORDANCE WITH A.R.S. §§ 11-952, 11-201, AND 11-251, THIS AMENDMENT HAS BEEN REVIEWED BY THE UNDERSIGNED ATTORNEYS, AND, IN ACCORDANCE WITH A.R.S. § 11- 952, AND EACH ATTORNEY HAS DETERMINED THAT THIS AMENDMENT IS IN PROPER FORM AND WITHIN THE POWER AND AUTHORITY GRANTED UNDER THE LAWS OF THE STATE OF ARIZONA. CITY OF GLENDALE MARICOPA COUNTY BY: ______________________________ BY: ______________________________ City Attorney Date Deputy County Attorney Date Page 3 of 15 Contract No. C-22-17-028-3-03 Amendment No. 3 2019 Work Statement A MARICOPA COUNTY HOME Investment Partnerships Program Program Year 2019 Consortium Member: City of Glendale, Arizona Project: Housing Rehabilitation Program Year 2019 HOME Funds: $158,438.35 in Entitlement funds and $41,873.04 in Administration. Additional sources of funding not paid by the 2019 HOME Program Year: $63,083.87 in Program Income. Total funds: $263,395.26 Type of Property: Single-Family A. DETAILED SCOPE OF WORK: Include the following- 1. Consolidated Plan goals as it relates to this activity, include the priority rating i.e. High, Low High 2. Type of assistance/activity to be provided with HOME funds: Single Family Housing Rehabilitation and/or Replacement Housing 3. Methods and instruments used for ensuring affordability: The City will secure HOME funds with a Deed of Trust, Promissory Note or other appropriate lien instrument that will include a recapture provision. 4. Anticipated use of program income/project proceeds: The City will use program income and recaptured funds for activities eligible under 24 CFR 92. B. OBJECTIVES AND OUTCOMES: OUTCOMES AVAILABILITY/ AFFORDABILITY SUSTAINABILITY ACCESSIBILITY DECENT Single Family Housing Homebuyer Activities, Housing Activities in a HOUSING Rehab and Emergency Acquisition/Rehab of housing, targeted revitalization Rehab, Homebuyer Acquisition/New Construction of area Assistance housing. C. LOGIC MODEL: PERFORMANCE INDICATORS: INPUTS/ ACTIVITIES OUTPUTS OUTCOMES IMPACT RESOURCES In order to address Once When Long term changes: In order to accomplish the issue, the completed, completed, these proposed activities, the subrecipient will these activities activities will lead subrecipient will need conduct the will produce the to the following the following: following activities: following: changes: HOME funding Homeowner Owner Low to moderate Stable Rehab/Replacement occupied income families neighborhoods and Housing housing have safe and increased financial rehabilitation decent housing stability of LMI households Page 4 of 15 Contract No. C-22-17-028-3-03 Amendment No. 3 2019 Work Statement A D. PROPOSED BENEFICIARIES: Targeted Population by Number of Total Number Income Level Households of Units Households at or below 50% Households at or below 60% Households at or below 80% 3 3 TOTAL 3 3 E. PRIORITY POPULATIONS: Priority Populations No. of Units Elderly 0 Physically Disabled 0 Other Priority Populations: 0 Veterans F. PERFORMANCE REPORTING GOALS-TIMELINE OF ACTIVITIES: START COMPLETION MILESTONES DATE DATE HOME Contract signed by City Council 9/10/19 9/10/19 Qualify Low Income Homeowner 7/15/20 9/15/20 Scope of Work 10/15/20 10/30/20 Environmental Review 11/1/20 12/30/20 RFQ Issued 12/30/20 1/30/21 Contractor Selected 1/30/21 2/15/21 Rehab and/or Construction to commence 3/15/21 3/15/21 Rehab complete or Certificate of Occupancy 5/15/21 5/15/21 Unit Occupied by Low/Moderate Income Person/Family 5/15/21 5/15/21 Completion Report submitted by City 6/30/21 6/30/21 Any change to the Timeline will need to be submitted to and approved by Maricopa County. Page 5 of 15 Contract No. C-22-17-028-3-03 Amendment No. 3 2019 Work Statement A G. ACTIVITY BUDGET SUMMARY: HOME Funds Additional Sources* ACTIVITIES TOTAL COST PY 2019 (defined in Table H.) ACQUISITION Land $ - Buildings $ - Closing Costs $ - Legal Fees $ - TOTAL $ - $ - $ - SITE & DEMOLITION $ - Site Work $ - Demolition $ 10,000.00 $ 10,000.00 TOTAL $ - $ 10,000.00 $ 10,000.00 REHABILITATION $ - Construction Costs-Materials $158,438.35 $ 46,083.87 $ 204,522.22 Builder Overhead $ - Builder Profit $ - General Requirements $ - Consultant/Specialist $ 2,000.00 $ 2,000.00 Permits & Fees $ 5,000.00 $ 5,000.00 Construction Contingency $ - Sales Tax $ - Other-Infrastructure $ - TOTAL $ 158,438.35 $ 53,083.87 $ 211,522.22 ARCHITECTURAL FEES $ - Design $ - $ - $ - Supervision $ - Other $ - TOTAL $ - $ - $ - CONSTRUCTION INTEREST & $ - FEES & LEGAL FEES Construction Interest $ - Bond Premium $ - Title & recording $ - Insurance $ - Legal Fees $ - Other $ - TOTAL $ - $ - ADMINISTRATION COSTS $ - Program Income Administration $ - Administration $ 41,873.04 $ 41,873.04 Volunteer Labor $ - TOTAL $ 41,873.04 $ - $ 41,873.04 GRAND TOTAL $ 200,311.39 $ 63,083.87 $ 263,395.26 Page 6 of 15 Contract No. C-22-17-028-3-03 Amendment No. 3 2019 Work Statement A H. SOURCE AND AMOUNT OF OTHER RESOURCES: VOLUNTEER/ FUNDING AGENCY CASH AMOUNT IN-KIND AMOUNT Program Income $63,083.84 TOTALS $63,083.87 $0 I. MATCH: Identify match sources and amounts that have been committed to the project. Match commitment must equal 25% of the HOME funds requested. Documentation is due at the time of request for payment(s). Match Logs must be submitted annually by June 30th of each year. SOURCE/FUNDING TYPE TOTAL AGENCY Cash or cash equivalents from a City of Glendale General $39,610 non-federal source Fund Value of waived taxes, fees or charges associated with HOME projects Value of donated land or real property Cost of infrastructure improvements associated with HOME projects Percentage of proceeds from single- or multi-family state housing bonds Value of donated materials, equipment, labor and professional services Sweat equity TOTAL $39,610 Page 7 of 15 Contract No. C-22-17-028-3-03 Amendment No. 3 2019 Work Statement B MARICOPA COUNTY HOME Investment Partnerships Program Program Year 2019 Consortium Member: City of Glendale, Arizona Project: Acquisition of Land and Construction of New Housing Program Year 2019 HOME Funds: $79,220 in Entitlement funds for construction of new housing and homebuyer assistance. Type of Property: Single Family A. DETAILED SCOPE OF WORK: Include the following- 1. Consolidated Plan goals as it relates to this activity, include the priority rating i.e. High, Low High 2. Type of assistance/activity to be provided with HOME funds: Acquisition of Land and Construction of New Housing Methods and instruments used for ensuring affordability: The City will secure HOME funds with a Deed of Trust, Promissory Note or other appropriate lien instrument that will include a recapture provision. 3. Anticipated use of program income/project proceeds: The City will use program income and recaptured funds for activities eligible under 24 CFR 92. B. OBJECTIVES AND OUTCOMES: OUTCOMES AVAILABILITY/ AFFORDABILITY SUSTAINABILITY ACCESSIBILITY Single Family DECENT Housing Rehab and Homebuyer Activities, Housing Activities in a HOUSING Emergency Rehab, Acquisition/Rehab of housing, targeted revitalization Acquisition/New Construction of Homebuyer area housing. Assistance C. LOGIC MODEL: PERFORMANCE INDICATORS: INPUTS/ ACTIVITIES OUTPUTS OUTCOMES IMPACT RESOURCES In order to address the Once completed, When Long term changes: In order to accomplish issue, the subrecipient these activities will completed, these proposed activities, will conduct the produce the activities will lead the subrecipient will following activities: following: to the following need the following: changes: HOME funding New Construction of Expand affordable Low to moderate Stable Single Family Housing. housing income families neighborhoods and opportunities become first time increased financial homebuyers stability of LMI households Page 8 of 15 Contract No. C-22-17-028-3-03 Amendment No. 3 2019 Work Statement B D. PROPOSED BENEFICIARIES: Targeted Population by Number of Total Number Income Level Households of Units Households at or below 50% 0 0 Households at or below 60% 0 0 Households at or below 80% 1 1 TOTAL 1 1 E. PRIORITY POPULATIONS: Complete the table below only if the Activity will specifically set-aside units for a priority population. Set-asides will be enforced through contract provisions. Priority Populations No. of Units Elderly 0 Physically Disabled 0 Other Priority Populations: 0 Veterans F. PERFORMANCE REPORTING GOALS-TIMELINE OF ACTIVITIES: START COMPLETION MILESTONES DATE DATE HOME Amendment executed by City 9/10/19 9/10/19 Market Study 6/30//20 8/15/20 Underwriting 6/30/20 8/15/20 Environmental Review 8/15/20 9/15/20 Obtain Site Control 9/15/20 12/30/20 Developer Selected and Signed Development Contract 4/1/20 5/1/20 Acquisition and/or Construction to commence 3/15/21 9/15/21 Certificate of Occupancy 10/15/21 10/15/21 Unit Occupied by Low/Moderate Income Person/Family 11/1/21 11/1/21 Completion Report submitted to County 12/30/21 12/30/21 Any change to the Timeline will need to be submitted to and approved by Maricopa County. Page 9 of 15 Contract No. C-22-17-028-3-03 Amendment No. 3 2019 Work Statement B G. ACTIVITY BUDGET SUMMARY: HOME Funds Additional Sources* ACTIVITIES TOTAL COST PY 2019 (defined in Table H.) ACQUISITION Land $ 33,000.00 $ 33,000.00 Buildings $ - Closing Costs $ - Legal Fees $ - TOTAL $ - $ 33,000.00 $ 33,000.00 SITE & DEMOLITION Site Work $ 8,000.00 $ 8,000.00 Demolition $ 8,000.00 $ 8,000.00 TOTAL $ - $ 16,000.00 $ 16,000.00 CONSTRUCTION $ - Construction Costs-Materials $ 69,220.00 $ 10,000.00 $ 79,220.00 Builder Overhead $ - Builder Profit $ - General Requirements $ - Consultant/Specialist $ - Permits & Fees $ - $ 10,000.00 $ 10,000.00 Construction Contingency $ - Sales Tax $ - Other-Infrastructure - Developer Fees $ - TOTAL $ 69,220.00 $ 20,000.00 $ 89,220.00 ARCHITECTURAL FEES $ - Design $ - Supervision $ - Other $ - TOTAL $ - $ - $ - HOMEBUYER ASSISTANCE, $ - INTEREST, FEES Homebuyer Assistance $ 10,000.00 $ 5,000.0 $ 15,000.00 Interest $ - Fees $ 2,000.00 $ 2,000.00 Insurance $ - Legal Fees $ - Other $ - TOTAL $ 10,000.00 $ 7,000.00 $ 17,000.00 ADMINISTRATION COSTS $ - Administration $ 7,000.00 $ 7,000.00 Volunteer Labor $ 40,000.00 $ 40,000.00 TOTAL $ - $ 47,000.00 $ 47,000.00 GRAND TOTAL $ 79,220.00 $ 123,000.00 $ 202,220.00 Page 10 of 15 Contract No. C-22-17-028-3-03 Amendment No. 3 2019 Work Statement B H. SOURCE AND AMOUNT OF OTHER RESOURCES: VOLUNTEER/ FUNDING AGENCY CASH AMOUNT IN-KIND AMOUNT TOTAL Home Sponsorships $0 Volunteer Labor $40,000 $40,000 General Funds $0 TOTALS $0 $40,000 $40,000 I. MATCH: Identify match sources and amounts that have been committed to the project. Match commitment must equal 25% of the HOME funds requested. Documentation is due at the time of request for payment(s). Match Logs must be submitted annually by June 30th of each year. SOURCE/FUNDING TYPE TOTAL AGENCY Cash or cash equivalents from a non-federal source Value of waived taxes, fees or charges associated with HOME projects Value of donated land or real property Cost of infrastructure improvements associated with HOME projects Percentage of proceeds from single- or multi-family state housing bonds Value of donated materials, equipment, labor and professional Habitat for Humanity $40,000 services Sweat equity TOTAL $40,000 Page 11 of 15 Contract No. C-22-17-028-3-03 Amendment No. 3 2019 Work Statement C MARICOPA COUNTY HOME Investment Partnerships Program Program Year 2019 Consortium Member: City of Glendale, Arizona Project: New Construction of Rental Housing Program Year 2019 HOME Funds: $390,437.17 in Entitlement funds. Type of Property: Multi-Family A. DETAILED SCOPE OF WORK: Include the following- 1. Consolidated Plan goals as it relates to this activity, include the priority rating i.e. High, Low High 2. Type of assistance/activity to be provided with HOME funds: Single Family Housing Rehabilitation/or Replacement Housing 3. Methods and instruments used for ensuring affordability: The City will secure HOME funds with a Deed of Trust, Promissory Note or other appropriate lien instrument that will include a recapture provision. 4. Anticipated use of program income/project proceeds: The City will use program income and recaptured funds for activities eligible under 24 CFR 92.. B. OBJECTIVES AND OUTCOMES: OUTCOMES AVAILABILITY/ AFFORDABILITY SUSTAINABILITY ACCESSIBILITY DECENT Single Family Housing Homebuyer Activities, Housing Activities in a HOUSING Rehab and Emergency Acquisition/Rehab of housing, targeted revitalization Rehab, Homebuyer Acquisition/New Construction of area Assistance housing. C. LOGIC MODEL: PERFORMANCE INDICATORS: INPUTS/RESOURCES ACTIVITIES OUTPUTS OUTCOMES IMPACT In order to accomplish In order to address Once When completed, Long term proposed activities, the the issue, the completed, these activities will changes: subrecipient will need the subrecipient will these activities lead to the following: conduct the will produce the following changes: following following: activities: HOME funding New construction Renter- LMI renters will Increase in of rental housing occupied multi- have safe, decent, supply of family sanitary and affordable affordable units affordable housing rental units Page 12 of 15 Contract No. C-22-17-028-3-03 Amendment No. 3 2019 Work Statement C D. PROPOSED BENEFICIARIES: Targeted Population by Number of Total Number Income Level Households of Units Households at or below 30% Households at or below 50% Households at or below 60% 2 2 Households at or below 80% TOTAL 2 2 E. PRIORITY POPULATIONS: Complete the table below only if the Activity will specifically set-aside units for a priority population. Set-asides will be enforced through contract provisions. Priority Populations No. of Units Elderly 0 Physically Disabled 0 Other Priority Populations: 0 Veterans F. PERFORMANCE REPORTING GOALS-TIMELINE OF ACTIVITIES: START COMPLETION MILESTONES DATE DATE HOME Amendment executed by City 9/10/19 9/10/19 Market Study 6/30//20 8/15/20 Underwriting 6/30/20 8/15/20 Environmental Review 8/15/20 9/15/20 Obtain Site Control 9/15/20 12/30/20 Developer Selected and Signed Development Contract 4/1/20 5/1/20 Acquisition and/or Construction to commence 3/15/21 9/15/21 Certificate of Occupancy 10/15/21 10/15/21 Unit Occupied by Low/Moderate Income 11/1/21 11/1/21 Person/Family Any change to the Timeline will need to be submitted to and approved by Maricopa County. Page 13 of 15 Contract No. C-22-17-028-3-03 Amendment No. 3 2019 Work Statement C G. ACTIVITY BUDGET SUMMARY: HOME Funds Additional Sources* ACTIVITIES TOTAL COST PY 2019 (defined in Table H.) ACQUISITION Land $ - Buildings $ - Closing Costs $ - Legal Fees $ - TOTAL $ - $ - $ - SITE & DEMOLITION $ - Site Work $ - Demolition $ - TOTAL $ - $ - $ - Construction $ - Construction Costs-Materials $ 390,437.17 $ 12,504,815.00 $ 12,895,252.17 Builder Overhead $ - Builder Profit $ - General Requirements $ 155,150.00 $ 155,150.00 Consultant/Specialist $ - Permits & Fees $ 150,000.00 $ 150,000.00 Construction Contingency $ - Sales Tax $ - Other-Infrastructure $ - TOTAL $ 390,437.17 $ 12,809,965.00 $ 13,200,402.17 ARCHITECTURAL FEES $ - Design $ - $ 504,000.0 $ 504,000.00 Supervision $ - Other $ - TOTAL $ - $ 504,000.0 $ 504,000.00 CONSTRUCTION INTEREST & FEES $ - & LEGAL FEES Construction Interest $ - Bond Premium $ - Title & recording $ - Insurance $ - Legal Fees $ - Other $ - TOTAL $ - $ - ADMINISTRATION COSTS $ - Program Income Administration $ - Administration $ - Volunteer Labor $ - TOTAL $ - $ - $ - GRAND TOTAL $ 390,437.17 $ 13,313,965.00 $ 13,704,402.17 Page 14 of 15 Contract No. C-22-17-028-3-03 Amendment No. 3 2019 Work Statement C H. SOURCE AND AMOUNT OF OTHER RESOURCES: VOLUNTEER/ FUNDING AGENCY CASH AMOUNT IN-KIND AMOUNT ADOH LIHTC funds $13,313,965 0 TOTALS $13,313,965 $0 I. MATCH: Identify match sources and amounts that have been committed to the project. Match commitment must equal 25% of the HOME funds requested. Documentation is due at the time of request for payment(s). Match Logs must be submitted annually by June 30th of each year. SOURCE/FUNDING TYPE TOTAL AGENCY Cash or cash equivalents from a City of Glendale General $97,610 non-federal source Fund Value of waived taxes, fees or charges associated with HOME projects Value of donated land or real property Cost of infrastructure improvements associated with HOME projects Percentage of proceeds from single- or multi-family state housing bonds Value of donated materials, equipment, labor and professional services Sweat equity TOTAL $97,610 Page 15 of 15