AMENDMENT 4 RE AFFORDABLE HOUSING WITH THE CITY OF AVONDALE.PDF
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Contract No. C-22-21-093-X-04 Amendment No. 4 Page 1 of 8 City of Avondale AMENDMENT NO. 4 TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY ADMINISTERED BY ITS HUMAN SERVICES DEPARTMENT AND CITY OF AVONDALE I. Maricopa County (“County”) administered by its Human Services Department and the City of Avondale (“City”) entered into a financial Intergovernmental Agreement (“Agreement”) on or about April 21, 2021. The purpose of the Agreement is for the City to provide down payment, closing costs, principal reduction, and other appropriate assistance to eligible first-time homebuyers. The County provided the City with $206,370 in Program Year (PY) 2020 HOME Investment Partnerships Program (HOME) funds from the U.S. Department of Housing and Urban Development (HUD). The Agreement term is March 10, 2021, through September 30, 2024. All work performed or cost incurred or expended shall be reimbursable through September 30, 2024. The County and the City may be referred to individually as the “Party” and collectively referred to as the “Parties.” The Parties fully executed Amendment No. 1 on or about February 9, 2022. The Amendment extended the Agreement termination date through September 30, 2025. The Amendment also added agreement required language specific to: Whistleblower Rights; Force Majeure; Administrative Change Orders; and Compensation. The County provided the City an increase in funding in the amount of $211,296 PY21 HUD HOME funds. The Agreement funding amount increased to $417,666. The Amendment added two (2) Work Statements 2021 Work Statement A, and 2021 Work Statement B which addressed the following: • 2021 Work Statement A - the City to provide single family, owner-occupied housing rehabilitation assistance to qualified low-income households. The County provided the City with $179,706 PY21 HOME funds. All work performed, or costs incurred or expensed shall be reimbursable through September 30, 2024. • 2021 Work Statement B - the City to provide down payment, closing costs, principal reduction, and other appropriate assistance to eligible first-time homebuyers. The County provided the City with $31,590 PY21 HOME funds. All work performed or costs incurred or expensed shall be reimbursable through September 30, 2025. The parties fully executed Amendment No.2 on or about December 20, 2023. The Amendment updated the County point of contact and added agreement required language. The County provided the City an increase in funding in the amount of $445,850 in PY22 and PY23 HUD HOME funds. The Amendment added two (2) Work Statements: 2022 TBRA Work Statement and 2023 Work Statements which addressed the following: • 2022 TBRA Work Statement - For the City to administer the Tenant Based Rental Assistance (TBRA) Program for qualified families in need. The County provided the City with $231,257 in PY22 HOME Investment Partnerships Program (HOME) funds under ALN 14.239. All work performed or cost incurred expenses shall be reimbursed through September 30, 2025. • 2023 Work Statement - For the City to provide assistance to eligible first- time homebuyers. The County provided the City with $214,593 in PY23 Contract No. C-22-21-093-X-04 Amendment No. 4 Page 2 of 8 City of Avondale HOME Investment Partnerships Program (HOME) funds under ALN 14.239. All work performed or cost incurred or expensed shall be reimbursable through September 30, 2025. The parties fully executed Amendment No.3 on or about March 27, 2025. The Amendment extended the Agreement termination date through September 30, 2027. The Amendment updated the County point of contact and added agreement required language. The 2022 TBRA Work Statement was revised in the Amendment. The Amendment added “2024 Work Statement” to the Agreement which addressed the following: • 2024 Work Statement- For the City to provide single family, owner- occupied housing rehabilitation assistance to qualified low-income households. The County shall provide the City with $199,777 for the Work Statement activities provided by PY24 HUD HOME Investment Partnerships Program (HOME) funds under ALN 14.239. All work performed or cost incurred or expensed shall be reimbursable through September 30, 2027. II. The Parties agree to enter into this Amendment No. 4 to amend the Agreement as follows: A. Extend the Agreement termination date through September 30, 2028. B. Revise Section III (Work Statement) to address the following: 1. Add an additional Work Statement hereinafter referred to as “2021 Home-ARP Work Statement” attached and incorporated into the Agreement. The 2021 Home-ARP Work Statement is for the City to deliver eligible supportive services to qualified residents. The County shall provide the City with $371,794 for the Work Statement activities provided by PY21 HUD HOME Investment Partnerships Program-American Rescue Plan Act (HOME-ARP) funds under ALN 14.239. All work performed or cost incurred or expensed shall be reimbursable through September 30, 2028. C. The Agreement funding amount shall be increased from $1,063,293 to $1,435,087. III. Section II above contains all the changes to the Agreement made by this Amendment No. 4. The Agreement is amended to incorporate the changes contained in this Amendment No. 4. All other terms and conditions of the Agreement remain in full force and effect as executed by the Parties. This Amendment No. 4 is subject to and incorporates the provisions of A.R.S. § 38-511. IV. The Parties have authorized the undersigned to execute this Amendment No. 4 on their behalf, and it shall be effective upon approval and signature by both Parties. Contract No. C-22-21-093-X-04 Amendment No. 4 Page 3 of 8 City of Avondale IN WITNESS, the Parties have approved and signed this Amendment: NO. 4: FOR CITY OF AVONDALE: FOR MARICOPA COUNTY: __________________________________ Mike Pineda, Mayor Date ____________________________________ Thomas Galvin Date Chairman, Board of Supervisors Attestation: ___________________________________ Marcella Sarmiento, City Clerk Date Attestation: ____________________________________ Juanita Garza Date Clerk of the Board IN ACCORDANCE WITH A.R.S. §§ 9-240 and 11-952, THIS AMENDMENT NO. 4 HAS BEEN REVIEWED BY THE UNDERSIGNED ATTORNEY WHO HAS DETERMINED IT IS PROPER IN FORM AND WITHIN THE POWERS AND AUTHORITY GRANTED TO THE CITY OF AVONDALE UNDER THE LAWS OF THE STATE OF ARIZONA. APPROVED AS TO FORM: ___________________________________ City Attorney Date IN ACCORDANCE WITH A.R.S. §§ 11-201, 11-251, AND 11-952, THIS AMENDMENT NO. 4 HAS BEEN REVIEWED BY THE UNDERSIGNED ATTORNEY WHO HAS DETERMINED IT IS PROPER IN FORM AND WITHIN THE POWERS AND AUTHORITY GRANTED TO MARICOPA COUNTY UNDER THE LAWS OF THE STATE OF ARIZONA. APPROVED AS TO FORM: ___________________________________ Deputy County Attorney Date Contract No. C-22-21-093-X-04 Amendment No. 4 Page 4 of 8 City of Avondale MARICOPA COUNTY Work Statement – HOME-ARP Supportive Services Program Year 2021 HOME Investment Partnerships Program – American Rescue Plan (PY21 HOME-ARP) Consortium Member: City of Avondale, Arizona UEI: GDTNM5BLN9Y4 FAIN: M-21-DP-04-0227 Federal Award Date: 09/20/2021 HOME-ARP Funds: $371,794.00 ($300,000.00 from entitlement and $71,794.00 from admin) Activity Type: Supportive Services Activity Name: Avondale HOME-ARP Supportive Services Program 1. FUNDING: HOME-ARP HOME-ARP ADMIN TOTAL $300,000.00 $71,794.00 $371,794.00 2. DETAILED SCOPE OF WORK: 1. Consolidated Plan Goal as it relates to this activity: High Priority 2. Type of assistance to be provided with HOME-ARP funds: the City of Avondale will expend all HOME-ARP funds on program administration and supportive services to benefit qualified populations in accordance with HUD CPD Notice CPD-21-10 (the “Notice”). These services may include all those identified as eligible in the Notice under Section VI.D.3.a (McKinney-Vento Supportive Services), Section VI.D.3.b (Homelessness Prevention Services) and Section VI.D.3.c (Housing Counselling Services). 3. ACTIVITY GOALS: Activity Goal ACTIVITY GOALS Development of Affordable Rental Housing Supportive Services Acquisition and Development of Non-Congregate Shelters Tenant Based Rental Assistance Estimated Number of New Units/ Beds Developed NA 0 NA NA Estimated Number of Households to Benefit NA 55 NA NA 4. LOGIC MODEL: PERFORMANCE INDICATORS: Contract No. C-22-21-093-X-04 Amendment No. 4 Page 5 of 8 City of Avondale INPUTS/RESOURCES In order to accomplish proposed activities, the subrecipient will need the following: ACTIVITIES In order to address the issue, the subrecipient will conduct the following activities: OUTPUTS Once completed, these activities will produce the following: OUTCOMES When completed, these activities will lead to the following changes: IMPACT Long term changes: Case management, navigation services and housing case management. Ability to verify homelessness. Comprehensive homelessness response to include supportive services allowable under HUD CPD Notice 21-10. Approximately 55 households/ families will be provided with services determined on a case-specific basis. Comprehensive services and case management will result in lower levels of homelessness and increased levels of self- sufficiency for clients. Reduction in levels of homelessnes s and an increases in household self- sufficiency. 5. QUALIFIED POPULATIONS OF PROPOSED BENEFICIARIES Qualified Populations Number Individuals Number of Families Homeless 25 At Risk of Homelessness 30 Fleeing, or Attempting to Flee, Domestic Violence, Dating Violence, Sexual Assault, Stalking, or Human Trafficking Other Populations: (1) Other Families Requiring Services or Housing Assistance to Prevent Homelessness Other Populations: (2) At Greatest Risk of Housing Instability Veterans and Families that include a Veteran Family Member (that meet one of the preceding populations) TOTAL 0 55 (Only required for Development of Affordable Housing) HOME-ARP Rental Housing Occupancy Requirements Number of Units Total Number of Units Percentage of Units HOME-ARP Units assisted based on status as qualifying household (Minimum 70%) NA NA NA HOME-ARP Units assisted based on income eligibility (not to exceed 30%) NA NA NA TOTAL NA NA NA Contract No. C-22-21-093-X-04 Amendment No. 4 Page 6 of 8 City of Avondale 6. PREFERENCES AMONG QUALIFYING POPULATIONS, REFERRAL METHODS, AND SUBPOPULATIONS: 1. Identify the intent to give preference to one or more qualifying populations or a subpopulation within one or more qualifying populations for any eligible activity or project: Subrecipient shall provide (1) one full-time personnel, a Family Housing Support Navigator (hereinafter as “Navigator”). The Navigator will coordinate services and resources for families (households with at least one minor dependent) experiencing homelessness or at Risk of Homelessness in Avondale. 2. Referral Methods for Project or Activity: Referrals to the program will come from Avondale Schools and or Avondale Resource Center. Families that are currently experiencing homelessness or at risk of homelessness will be eligible for services. The program will utilize the McKinney Vento definition of homelessness, those meeting HUD’s Definition of Literally Homeless will be prioritized for services. 3. Waitlist Procedures: If referrals exceed program capacity the program will maintain a waitlist internally sorted by date of referral and current living situation. 7. PERFORMANCE REPORTING GOALS-TIMELINE OF ACTIVITIES: MILESTONES START DATE COMPLETION DATE City Council Approval of IGA Amendment with Maricopa County 06/02/2025 Maricopa County Board of Supervisors approval of IGA Amendment 06/11/2025 Environmental Review Completed 10/26/2022 Subrecipient agreement/contract executed 06/2025 25% expenditure of funds 06/30/2025 50% expenditure of funds 06/30/2026 75% expenditure of funds 06/30/2027 100% expenditure of funds 06/30/2028 Final reporting/project completion 08/15/2028 Any change to the Timeline shall need to be submitted to and approved by Maricopa County. The expenditure deadline for this scope of work will be 9/30/2028. 8. ACTIVITY BUDGET SUMMARY: COSTS HOME-ARP FUNDS HOME-ARP ADMIN Additional Sources* (defined in Table 9) TOTAL COST Supportive Services – $300,000.00 $0.00 $0.00 $300,000.00 Administration – $0.00 $71,794.00 $0.00 $71,794.00 TOTAL $300,000.00 $71,794.00 $0.00 $371,794.00 9. SOURCE AND AMOUNT OF OTHER RESOURCES: Contract No. C-22-21-093-X-04 Amendment No. 4 Page 7 of 8 City of Avondale FUNDING AGENCY CASH AMOUNT VOLUNTEER/ IN-KIND AMOUNT $0 $0 $0 $0 $0 $0 TOTAL $0 $0 10. MATCH: Matching Contribution Requirements: The requirements of 24 CFR 92.218 through 24 CFR 92.222 and any other requirements for matching contributions in 24 CFR part 92 shall not apply to HOME-ARP funds, as subsection (c)(1) of ARP states that the underlying statutory requirement at section 220 of NAHA (42 U.S.C. 12750) does not apply to HOME-ARP funds. 11. ADDITIONAL PROJECT OR ACTIVITY INFORMATION: 1. All HOME-ARP activities will comply with the guidance provided in Notice CPD-21-10: Requirements for Use of Funds in the HOME-ARP Program, as amended. 2. Eligible expenses include costs associated with the following: a. Costs under either of the McKinney Vento Supportive Services and Homelessness Prevention Services categories include costs associated with the following services: i. child care; education services; employment assistance and job training; food; housing search and counseling services; legal services; life skills training; mental health services; outpatient health services; outreach services; substance abuse treatment services; transportation; case management; mediation; credit repair; landlord/tenant liaison services; services for special populations (i.e. victim services or other services eligible under the Notice); financial assistance costs; and; short and medium term financial assistance for rent. b. Costs associated with housing counseling services as defined at 24 CFR 5.100 and 5.111 are eligible under HOME-ARP. Eligible costs are those associated with the services listed in 24 CFR 214 and include, but are not limited to: i. Staff salaries and overhead costs of HUD-certified housing counseling agencies related to directly providing eligible housing counseling services to HOME-ARP program participants; development of a housing counseling workplan ; marketing and outreach; intake; financial and housing affordability analysis; action plans that outline what the housing counseling agency and the client will do to meet the client’s housing goals and that address the client’s housing problem(s); and; follow-up communication with program participants. 3. Oversight of eligible costs: All supportive service costs paid for by HOME-ARP must comply with the requirements of this Notice, including requirements in 2 CFR part 200, subpart E, Cost Principles that require costs be necessary and reasonable. Contract No. C-22-21-093-X-04 Amendment No. 4 Page 8 of 8 City of Avondale 4. Termination of assistance to program participants: The PJ may terminate assistance to a program participant who violates program requirements or conditions of occupancy or no longer needs the services as determined by the PJ. Termination under this section does not bar the PJ from providing further assistance at a later date to the same individual or family under this Notice. a. Due process: The PJ must establish policies and procedures for termination of assistance to program participants. In terminating assistance to a program participant, the PJ must provide a formal process that recognizes the rights of individuals receiving assistance under the due process of law. This process, at a minimum, must consist of: i. Providing the program participant with a written copy of the program rules and the termination process before the participant begins to receive assistance; ii. Written notice to the program participant containing a clear statement of the reasons for termination; iii. A review of the decision, in which the program participant is given the opportunity to present written or oral objections before a person other than the person (or a subordinate of that person) who made or approved the termination decision; and iv. Prompt written notice of the final decision to the program participant. During this process, the PJ must provide effective communication and accessibility for individuals with disabilities, including the provision of reasonable accommodations. Similarly, the PJ must provide meaningful access to persons with LEP. 5. Methods and instruments used for ensuring affordability: Not applicable. The City of Avondale will not undertake any activities with HOME-ARP funds that require compliance with a period of affordability.