IGA AMENDMENT 3 RE AFFORDABLE HOUSING WITH AVONDALE.PDF

Maricopa County — Formal (2025-02-21)

Extracted text (via pymupdf) 19678 characters

Contract No. C-22-21-093-X-03
Amendment No. 3

Page 1 of 11
City of Avondale
AMENDMENT NO. 3 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.

Contract No. C-22-21-093-X-03
Amendment No. 3

Page 2 of 11
City of Avondale
•
2023 Work Statement - For the City to provide assistance to eligible first-
time homebuyers. The County provided the City with $214,593 in PY23
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.

II.
The Parties agree to enter into this Amendment No. 3 to amend the Agreement as follows:

A.
Extend the Agreement termination date from September 30, 2025, through
September 30, 2027.

B.
Change Lead Agency: Maricopa County Human Services Department
Representative: Jamie Macfarlane, Assistant Director, Housing and Community
Development
Phone: 602-506-5813
E-Mail: jamie.macfarlane@maricopa.gov
Address: 234 North Central, 3rd Floor Phoenix AZ 85004

C.
Revise Section II (Special Provisions), Paragraph 15 (Subcontracts and Vendors),
Subparagraph 15.2 (DUNS Number) and replace with the following:

15.2
UEI Number- All Subcontractors shall have a valid UEI number and an
active profile in the federal System for Award Management, or SAM.

D.
Revise Section II (Special Provisions), Paragraph 20 (General Conditions) and
replace with the following:

20.0
ADMINISTRATIVE CHANGE ORDERS
The Chairman of the Board of Supervisors is authorized, upon the
recommendation of the Human Services Department Director and Legal
Counsel, to review and execute administrative changes to the Agreement
on behalf of the County through Administrative Change Orders.
Administrative Change Orders will be effective upon execution by both
the Parties. Administrative Change Orders shall address any of the
following changes:
20.1 Modifications to the project timeline if the last day of the project
timeline is within the Agreement term;
20.2 Modifications to Budget line items if the Agreement amount remains
unchanged;
20.3 Modifications required by federal, state, or County regulations,
ordinances, or policies; and/or
20.4 Modifications to Administrative requirements such as changes in
reporting periods, frequency of reports, or report formats required by
federal, state, and local regulations, policies, or requirements.

E.
Revise Section III (Work Statement) to address the following:

1.
2021 Work Statement A -Extend expenditure and reimbursement
deadline to February 9, 2026.

Contract No. C-22-21-093-X-03
Amendment No. 3

Page 3 of 11
City of Avondale
2. Revise and replace 2022 TBRA Work Statement attached and incorporated
into the Agreement. All work performed or cost incurred or expended shall be
reimbursable through September 30, 2027.

3. Add an additional Work Statement hereinafter referred to as “2024 Work
Statement” attached and incorporated into the Agreement. The 2024 Work
Statement is 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.

F.
The Agreement funding amount shall be increased from $863,516 to $1,063,293
in HOME funds.

III.
Section II above contains all the changes made by this Amendment No. 3. All other terms
and conditions of the Agreement and all previously fully executed Amendments shall
remain the same and unchanged and in full force and effect as executed by the Parties.

IV.
The Parties have authorized the undersigned to execute this Amendment No. 3 on their
behalf, and it shall be effective upon approval and signature by both Parties.

Contract No. C-22-21-093-X-03
Amendment No. 3

Page 4 of 11
City of Avondale

IN WITNESS, the Parties have approved and signed this Amendment: NO. 3:

FOR CITY OF AVONDALE:

FOR MARICOPA COUNTY:

__________________________________
Mike Pineda, Mayor Date

____________________________________
Thomas Galvin Date
Chairman, Board of Supervisors

Attestation:

___________________________________
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. 3 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. 3 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-03
Amendment No. 3

Page 5 of 11
City of Avondale
MARICOPA COUNTY
Work Statement - TBRA
HOME Investment Partnerships Program
Program Year 2022

Consortium Member:
City of Avondale, Arizona
UEI:
GDTNM5BLN9Y4
FAIN:
M22-DC040227
Federal Award Date:
10-28-2022
Project:

Tenant Based Rental Assistance and HOME Administration
Funding:

PY 2022 $231,257 ($216,803 from EN and $14,454 AD)
Type of Property:

Rental

1.0
FUNDING:
PROGRAM
YEAR

ENTITLEMENT
(EN)

ADMINISTRATION
(AD)
PROGRAM
INCOME
(PI)
(non-reimbursable,
IDIS draw only)
TOTAL
BUDGET
PY 2022
$216,803
$14,454
$70,000
$301,257

2.0
DETAILED SCOPE OF WORK:
Include the following-
2.1
Consolidated Plan goals as it relates to this activity: High
2.2
Type of assistance/activity to be provided with HOME funds:
2.2.1 Tenant Based Rental Assistance: rental assistance, security deposits, and
utility deposit assistance
2.2.2 Administration
2.2.3 The maximum amount of a security deposit may not exceed an amount that
is equal to one plus one-half month’s rent. Utility deposits may only be
provided for electricity, gas, sewer, and trash. Payments will be made on
behalf of the tenant to the owner or utility provider.

3.0
OBJECTIVES AND OUTCOMES (Check appropriate box below.):

OBJECTIVE
OUTCOMES
AVAILABILITY/
ACCESSIBILITY
AFFORDABILITY
SUSTAINABILITY
DECENT
HOUSING

Single Family
Housing Rehab and
Emergency Rehab

Homebuyer Activities,
Acquisition/Rehab of rental
housing, Acquisition/New
Construction of rental housing,
TBRA, Expansion of assisted rental
units

Housing Activities in
a targeted
revitalization area

4.0
PERFORMANCE INDICATORS:
The City of Avondale Housing and Community Division will administer a rental assistance,
security deposit and utility deposit program under the HOME Tenant-Based Rental
Assistance Program (TBRA). This activity will result in increased housing stabilization for
low-income families and allow individual households to obtain permanent housing.

Contract No. C-22-21-093-X-03
Amendment No. 3

Page 6 of 11
City of Avondale
5.0
LOGIC MODEL: PERFORMANCE INDICATORS:

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:
HOME funding
Provide rental
assistance &
deposits for eligible
low-income
households.
Low-income
households will
be provided
with tenant
based rental
assistance to
access
affordable
rental housing
opportunities.
Low-income
families will be
provided with a
more stable
living situation
leading to self-
sufficiency.
Stable
neighborhoods;
Access to
affordable
housing. Self-
sufficiency.

6.0
PROPOSED BENEFICIARIES:
Targeted Population
by Income Level
Number of
Households
PY 2022
Total
Number of
Units
Number of
HOME
Assisted Units
in program (if
rental)
Households at or below
50%

Households at or below
60%
100
100
100
Households at or below
80%

TOTAL
100
100
100

7.0
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
PY 2022
Total
Elderly

Physically Disabled

Other Priority
Populations: Veterans

Homeless

*City of Avondale will not be prioritizing populations.

Contract No. C-22-21-093-X-03
Amendment No. 3

Page 7 of 11
City of Avondale
8.0
PERFORMANCE REPORTING GOALS-TIMELINE OF ACTIVITIES:
TBRA MILESTONES
START
DATE
COMPLETION

DATE
HOME Contract Amendment signed by City Council
12/04/2023
12/04/2023
Signed MOA between City of Avondale
Neighborhood and Family Services and non-profit
housing provider

n/a
n/a

Environmental Program Clearance
7/15/2020
7/15/2020
Application Intake-Certification of Income Eligibility
Ongoing
program
Ongoing
program
Application Review
Ongoing
program
Ongoing
program
Initial HQS Property Inspection
Prior to
assistance
Prior to
assistance
Home Set up Report to County

02/15/2025
02/15/2025
Unit Occupied by Low/Moderate Income
Person/Family
Throughout
Contract Term
Throughout
Contract Term
Completion Report submitted to City
09/30/2027
09/30/2027
Any change to the Timeline will need to be submitted to and approved by Maricopa County.
The expenditure deadline for this scope of work is 9/30/2027.

9.0
ACTIVITY BUDGET SUMMARY:
TBRA ACTIVITIES
2022
HOME
FUNDS
Additional
Sources
(defined in
Table 9
below)
TOTAL
COST
Security Deposits; Utility
Deposits; TBRA Program
Delivery
$216,803
$124,201
$341,004
HOME ADMINISTRATION
$14,454
$0.00
$14,454
TOTAL
$231,257
$124,201
$355,458
Administration (AD) funds to be expended by the City of Avondale for overall HOME program
administration.

10.0
SOURCE AND AMOUNT OF OTHER RESOURCES:
FUNDING AGENCY
CASH AMOUNT
VOLUNTEER/
IN-KIND AMOUNT
City of Avondale General Funds
$54,201

HOME Program Income
$70,000

Contract No. C-22-21-093-X-03
Amendment No. 3

Page 8 of 11
City of Avondale
11.0
MATCH:
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.
TYPE
SOURCE/FUNDING
AGENCY
General Fund
TOTAL
Cash or cash equivalents from
a non-federal source
General Funds
$54,201

Contract No. C-22-21-093-X-03
Amendment No. 3

Page 9 of 11
City of Avondale
MARICOPA COUNTY
Work Statement - OOHR
HOME Investment Partnerships Program
Program Year 2024

Consortium Member:
City of Avondale, Arizona
UEI:

GDTNM5BLN9Y4
FAIN:

M-24-DC-04-0227
Federal Award Date:
9/26/2024
Project:

Owner Occupied Housing Rehabilitation and HOME
Administration
Funding:
PY 2024 $199,777 ($187,291.00 from EN and $12,486.00 AD)
Type of Property:
Single Family Residential

1.0
FUNDING:
PROGRAM
YEAR

ENTITLEMENT
(EN)

ADMINISTRATION
(AD)
PROGRAM
INCOME
(PI)
(non-reimbursable,
IDIS draw only)
TOTAL
BUDGET
PY 2024
$187,291.00
$12,486.00
$3,321.02
$203,098.02

2.0
DETAILED SCOPE OF WORK:
Include the following-
2.1
Consolidated Plan goals as it relates to this activity: High
2.2
Type of assistance/activity to be provided with HOME funds:
2.2.1 Single family housing rehabilitation (owner-occupied) – activities may
include, but are not limited to program delivery, environmental reviews,
hazard testing and mitigation, title searches, and construction to benefit
HOME-qualified low-income households.
2.3
The City will provide forgivable, non-amortizing loans to eligible owners of single-
family housing for housing rehabilitation activities.
2.4
The City will secure HOME funds with a Deed of Trust and Promissory Note. These
documents will include a recapture provision with loan funds payable to the City
should the borrower sell, refinance with cash out or no longer occupy the property
as their primary residence. The amount of funds recaptured will be prorated on a
yearly basis over the term of the loan. At the end of the term, the loan will be fully
forgivable.

3.0
OBJECTIVES AND OUTCOMES (Check appropriate box below):

OBJECTIVE
OUTCOMES
AVAILABILITY/
ACCESSIBILITY
AFFORDABILITY
SUSTAINABILITY
DECENT
HOUSING

Single Family
Housing Rehab
and Emergency
Rehab, Homebuyer
Assistance

Homebuyer Activities,
Acquisition/Rehab of rental
housing, Acquisition/New
Construction of rental housing,

Housing Activities
in a targeted
revitalization area

Contract No. C-22-21-093-X-03
Amendment No. 3

Page 10 of 11
City of Avondale

4.0
LOGIC MODEL AND PERFORMANCE INDICATORS:

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:
HOME funding
The City will provide
eligibility qualification,
environmental review, title
searches, property
inspections, hazard testing,
project scoping/bidding/
construction management,
lien document
preparation/recording,
coordination, financial
management, reporting
and file retention.
Owner
occupied
rehabilitated
housing
Low to moderate
income families
will have decent,
safe, and sanitary
housing free of
code violations
and adverse
health and safety
conditions.
Stable
neighbor-
hoods;
improved
safety and
quality of
life of
occupants

5.0
PROPOSED BENEFICIARIES:
Targeted Population by
Income Level
Number of
Households
Total
Number
of Units
Households at or below 50%

Households at or below 60%

Households at or below 80%
5
5
TOTAL
5
5

6.0
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
PY 2024
Total
Elderly

Physically Disabled

Other Priority Populations:
Veterans

Contract No. C-22-21-093-X-03
Amendment No. 3

Page 11 of 11
City of Avondale

7.0
PERFORMANCE REPORTING GOALS – TIMELINE OF ACTIVITIES:
MILESTONES
START
DATE
COMPLETION
DATE
Applicant eligibility
09/2025
ongoing
Scope of Work
09/2025
ongoing
Environmental reviews
09/2025
ongoing
RFQ issued
09/2025
ongoing
Contractors selected
09/2025
ongoing
Rehabilitation
09/2025
ongoing
Request for Reimbursement to County
quarterly
quarterly
Completion report submitted to County
9/30/2027
9/30/2027
Any change to the Timeline will need to be submitted to and approved by Maricopa County.
The expenditure deadline for this scope of work is 9/30/2027.

8.0
ACTIVITY BUDGET SUMMARY:

Activity
2024
HOME FUNDS
Additional
Sources
(defined in
Table 9 below)

TOTAL COST
Housing Rehabilitation
$187,291.00
$49,811.67
$237,102.67
HOME Administration
$12,486.00
$332.10
$12,818.10
TOTAL
$199,777.00
$50,143.77
$249,920.77
Administration (AD) funds to be expended by the City of Avondale for overall HOME program
administration.

9.0
SOURCES AND AMOUNT OF OTHER RESOURCES:
FUNDING AGENCY
CASH AMOUNT
VOLUNTEER/
IN-KIND AMOUNT
City of Avondale
$46,822.75
0
HOME Program Income
$3,321.02
0
Total
$50,143.77

10.0
MATCH:
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.

TYPE
SOURCE/FUNDING
AGENCY
TOTAL
Cash or cash equivalents from a non-
federal source
General Funds
$46,822.75
TOTAL
$46,822.75