CITY OF TEMPE IGA HOME AMENDMENT 2.PDF
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Contract No. C-22-17-045-3-02 Amendment No. 2 AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY ADMINISTERED BY ITS HUMAN SERVICES DEPARTMENT AND CITY OF TEMPE I. Maricopa County (“County”) administered by its Human Services Department and the City of Tempe (“City”) entered into a financial Intergovernmental Agreement (“Agreement”) on or about May 4, 2017. The purpose of the Agreement is for the City to provide single family homebuyer assistance (down payment and closing costs assistance). The County provided the City with $321,086 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 February 13, 2018 to add 2017 Work Statements for homebuyer assistance and tenant based rental assistance programs and provide $331,711 for the 2017 Work Statements. Upon approval of Amendment No. 1, the Agreement funding amount increased to $652,797. II. The Parties wish to amend the Agreement as follows (Amendment): A. Add additional Work Statement hereinafter referred to as “2018 Work Statement A” for the City to provide homebuyer assistance. The County will provide the City with $155,490 in 2018 HOME funds. The expenditure term for this Work Statement shall expire on September 30, 2022. B. Add additional Work Statement hereinafter referred to as “2018 Work Statement B” for the City to provide tenant based rental assistance. The County will provide the City with .$309,390 in 2018 HOME funds. The expenditure term for this Work Statement shall expire on September 30, 2022. C. Funding amount for the 2018 Work Statements shall not exceed $464,880. D. All work performed or costs incurred or expended under the previously approved 2016 Work Statements in the amount of $321,086 shall remain reimbursable under the terms of the original Agreement through September 30, 2019. All work performed or costs incurred or expended under the previously approved 2017 Work Statements in the amount of $331,711 shall remain reimbursable through September 30, 2021. E. Upon approval of Amendment No. 2, the Agreement funding amount shall be increased to $1,117,677. F. Section IV, Compensation, Subsection D, Reimbursement shall be amended to reference total funding of $1,117,677. III. This Agreement is subject to A.R.S. §38-511. The foregoing paragraphs contain all the changes made by this Amendment. All other terms and conditions of the original Agreement remain the same and in full force and effect as approved and amended. Contract No. C-22-17-045-3-02 Amendment No. 2 IN WITNESS THEREOF, the Parties have signed this Amendment: APPROVED BY: APPROVED BY: CITY OF TEMPE MARICOPA COUNTY ___________________________________ ____________________________________ Chairman, Board of Supervisors Date: __________________________ Date: __________________________ Attested To: Attested To: ____________________________________ ____________________________________ City Clerk Fran McCarroll, Clerk of the Board IN ACCORDANCE WITH A.R.S. §§ 11-952, 11-201, AND 11-251, THIS AGREEMENT HAS BEEN REVIEWED BY THE UNDERSIGNED DEPUTY COUNTY ATTORNEY, AND, IN ACCORDANCE WITH A.R.S. § 11-952, THIS AGREEMENT HAS BEEN REVIEWED BY THE UNDERSIGNED ATTORNEY FOR CITY ON BEHALF OF CITY, AND, AS TO THEIR RESPECTIVE CLIENTS ONLY, EACH ATTORNEY HAS DETERMINED THAT THIS AGREEMENT IS IN PROPER FORM AND WITHIN THE POWER AND AUTHORITY GRANTED UNDER THE LAWS OF THE STATE OF ARIZONA. CITY OF TEMPE MARICOPA COUNTY BY: ______________________________ BY: ______________________________ City Attorney Deputy County Attorney Date: __________________________ Date: __________________________ Contract No. C-22-17-045-3-02 2018 Work Statement A MARICOPA COUNTY HOME Investment Partnerships Program Program Year 2018 Consortium Member: City of Tempe, Arizona Project: Homebuyer Assistance (CAMP) Program Year 2018 HOME Funds: $155,490 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 This activity supports the Consolidated Plan goal to expand affordable housing by providing direct financial assistance to income-qualified homebuyers. This is a High Priority. 2. Type of assistance/activity to be provided with HOME funds: Homebuyer Assistance 3. Methods and instruments used for ensuring affordability: Recapture provision (funds are secured with a Deed of Trust and Promissory Note. Should the home be sold, refinanced with cash to borrower or no longer the homeowner’s primary residence within the 10 period of affordability, the funds will be recaptured from the net proceeds of the sale and reused for the next income eligible family. 4. Anticipated use of program income/project proceeds: Program income/recaptured funds will be used for administration and additional HOME-eligible projects per 24 CFR 92. B. OBJECTIVES AND OUTCOMES (Check appropriate box below.): OUTCOMES AVAILABILITY/ AFFORDABILITY SUSTAINABILITY ACCESSIBILITY Homebuyer Activities, Single Family Acquisition/Rehab of rental housing, DECENT Housing Rehab and Acquisition/New Construction of rental Housing Activities in a HOUSING Emergency Rehab, housing, Preservation of existing public targeted revitalization Homebuyer housing units and TBRA, Expansion of area Assistance assisted rental units in the private marketplace Contract No. C-22-17-045-3-02 2018 Work Statement A C. LOGIC MODEL: PERFORMANCE INDICATORS: INPUTS/ ACTIVITIES OUTPUTS OUTCOMES IMPACT RESOURCES In order to address the Once completed, When Long term In order to issue, the subrecipient these activities will completed, these changes: accomplish will conduct the produce the activities will lead proposed activities, following activities: following: to the following the subrecipient will changes: need the following: HOME funding A non-profit Subrecipient Expand affordable Low to moderate Increase of will provide: eligibility housing opportunities income families Affordable qualification (including Homeownership income), housing counseling/homebuyer education, property inspections, purchase contract review, lien documentation preparation, coordination with lenders, title companies, buyers, realtors. The City will complete environmental reviews. D. PROPOSED BENEFICIARIES: Targeted Population by Number of Total Number Number of Income Level Households of Units HOME Assisted Units in program (if rental) Households at or below 50% Households at or below 60% Households at or below 80% 5 5 TOTAL 5 5 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 0 Populations: Contract No. C-22-17-045-3-02 2018 Work Statement A F. PERFORMANCE REPORTING GOALS-TIMELINE OF ACTIVITIES: START COMPLETION MILESTONES DATE DATE Subrecipient Agreement amended 10/1/18 10/31/18 Applicant eligibility and underwriting On-going On-going Environmental Reviews On-going On-going Units passes HQS inspection On-going On-going Underwriting & private financing secured On-going On-going Close of escrow & occupancy by LMI households On-going On-going Project funding drawdown and Completion Reports On-going On-going submitted to County Project funding drawdown and Completion Reports On-going 7/31/19 submitted to County Any change to the Timeline will need to be submitted to and approved by Maricopa County. Contract No. C-22-17-045-3-02 2018 Work Statement A G. ACTIVITY BUDGET SUMMARY: HOME Funds Additional Sources* ACTIVITIES TOTAL COST PY 2018 (defined in Table H.) ACQUISITION Land $ - Buildings $ - DPA and Closing Costs $ 155,490.00 $ 155,490.00 Legal Fees $ - TOTAL $ 155,490.00 $ - $ 155,490.00 SITE & DEMOLITION $ - Site Work $ - Demolition $ - TOTAL $ - $ - $ - NEW CONSTRUCTION or REHAB $ - Construction Costs-Materials $ - Builder Overhead $ - Builder Profit $ - General Requirements $ - Consultant/Specialist $ - Permits & Fees $ - Construction Contingency $ - Sales Tax $ - Other-Infrastructure $ - TOTAL $ - $ - $ - 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 $ - TOTAL $0.00 $0.00 $ - GRAND TOTAL $155,490.00 $0.00 $ 155,490.00 Contract No. C-22-17-045-3-02 2018 Work Statement A H. SOURCE AND AMOUNT OF OTHER RESOURCES: VOLUNTEER/ FUNDING AGENCY CASH AMOUNT IN-KIND AMOUNT Private Lenders Program Income Program Income Admin. TOTALS 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 Newtown $38,873 housing bonds Value of donated materials, equipment, labor and professional services Sweat equity TOTAL $38,873 Contract No. C-22-17-045-3-02 2018 Work Statement B MARICOPA COUNTY HOME Investment Partnerships Program Program Year 2018 Consortium Member: City of Tempe, Arizona Project: Tenant Based Rental Assistance Program Year 2018 HOME Funds: $280,335 from Entitlement (EN) annual allocation; $29,055 Administration (AD); $252,000 in program income (PI); and $28,000 in program income administration (PA) 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: Tenant Based Rental Assistance 3. Methods and instruments used for ensuring affordability: Not applicable to this activity. 4. Anticipated use of program income/project proceeds: This activity does not generate program income. B. OBJECTIVES AND OUTCOMES (Check appropriate box below.): OUTCOMES OBJECTIVE AVAILABILITY/ AFFORDABILITY SUSTAINABILITY ACCESSIBILITY Homebuyer Activities, Single Family Acquisition/Rehab of rental housing, DECENT Housing Rehab and Acquisition/New Construction of rental Housing Activities in a HOUSING Emergency Rehab, housing, Preservation of existing public targeted revitalization Homebuyer housing units and TBRA, Expansion of area Assistance assisted rental units in the private marketplace C. LOGIC MODEL: PERFORMANCE INDICATORS: INPUTS/ ACTIVITIES OUTPUTS OUTCOMES IMPACT RESOURCES In order to address the Once completed, When Long term In order to accomplish issue, the subrecipient these activities will completed, these changes: proposed activities, will conduct the produce the activities will lead the subrecipient will following activities: following: to the following need the following: changes: Contract No. C-22-17-045-3-02 2018 Work Statement B HOME funding TBRA Rental Assistance Affordable Affordable Rental Assistance Rental Assistance D. PROPOSED BENEFICIARIES: Targeted Population by Number of Total Number Number of Income Level Households of Units HOME Assisted Units in program (if rental) Households at or below 50% 30 30 30 Households at or below 60% 0 0 0 Households at or below 80% TOTAL 30 30 30 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 Physically Disabled Other Priority 10 Populations: Homeless F. PERFORMANCE REPORTING GOALS-TIMELINE OF ACTIVITIES: START COMPLETION MILESTONES DATE DATE HOME Contract Amendment signed by Board of 10/10/18 10/31/18 Supervisors Environmental Program Clearance On-going On-going Application Intake-Certification of Income Eligibility On-going On-going Application Review On-going On-going Initial HQS Property Inspection On-going On-going Home Set up Report to County On-going On-going Unit Occupied by Low/Moderate Income Person/Family On-going On-going Completion Report submitted to County On-going 7/31/19 Any change to the Timeline will need to be submitted to and approved by Maricopa County. G. ACTIVITY BUDGET SUMMARY: TBRA ACTIVITIES 2018 Additional TOTAL HOME Sources* COST FUNDS (defined in Table H) RENTAL COSTS Monthly Rent; Utility Costs; Sec. Dep; $280,335 $252,000 $532,335 Utility Deposit TOTAL Contract No. C-22-17-045-3-02 2018 Work Statement B HOME ADMINISTRATION Administration (City of Tempe) $29,055* $28,000 Administration (AD) funds to be expended by the City of Tempe for overall HOME program administration. H. SOURCE AND AMOUNT OF OTHER RESOURCES: VOLUNTEER/ FUNDING AGENCY CASH AMOUNT IN-KIND AMOUNT City of Tempe Program Income $252,000 City of Tempe Program Income Administration $28,000 TOTAL $280,000 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 Newtown $70,084 housing bonds Value of donated materials, equipment, labor and professional services Sweat equity TOTAL $70,084