TOWN OF GILBERT HOME AMENDMENT 2.PDF
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Contract No. C-22-21-049-X-02 Amendment No. 2 Page 1 of 10 Town of Gilbert AMENDMENT NO. 2 TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY ADMINISTERED BY ITS HUMAN SERVICES DEPARTMENT AND TOWN OF GILBERT I. Maricopa County (“County”) administered by its Human Services Department and the Town of Gilbert (“Town”) entered into a financial Intergovernmental Agreement (“Agreement”) on or about October 27, 2020. The purpose of the Agreement is for the Town to acquire and rehabilitate a single-family, affordable rental home. The County provided the Town with $274,650 in 2020 HOME Investment Partnerships Program (HOME) Assistance Listing Number (ALN) 14.239 funds from the U.S. Department of Housing and Urban Development (HUD). The Agreement term is October 21, 2022, through September 30, 2024. All work performed or cost incurred or expended shall be reimbursable through September 30, 2024. The County and the Town 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 November 3, 2021. The Amendment extended the termination date from September 30, 2024, 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 Town an increase in funding in the amount of $280,368 PY21 HOME funds for the work statement activity. The 2021 Work Statement addressed the following: • The Town to purchase and rehabilitate a single-family, affordable rental home. The expenditure time frame is through September 30, 2025. • The Agreement funding amount increased to $555,018. II. The Parties agree to enter into this Amendment No. 2 to amend the Agreement as follows: A. Change Lead Agency Maricopa County Representative: Shawn Pierce, Deputy Director Human Services Department Phone: 602-506-5006 E-Mail: shawn.pierce@maricopa.gov Address: 234 North Central, 3rd Floor Phoenix AZ 85004 B. Revise Section 3 (Work Statement to address the following paragraphs: 1. Add an additional Work Statement hereinafter referred to as “2022 Work Statement” attached and incorporated into the Agreement. The 2022 Work Statement is for the Town to purchase and rehabilitate one (1) new permanent affordable rental home in the Town. If the Town has completed the required Environmental Review, expenditures may be retroactive to July 1, 2022. All work performed, or costs incurred expenses shall be reimbursable through September 30, 2025. The County shall provide the Town with $318,134 for the Work Statement activities. The funding for Work Statement is provided by PY22 HOME Investment Partnerships Contract No. C-22-21-049-X-02 Amendment No. 2 Page 2 of 10 Town of Gilbert Program (HOME) through the U.S. Department of Housing and Urban Development (HUD) funds, under ALN 14.239. 2. Add an additional Work Statement hereinafter referred to as “2021 HOME – ARP Work Statement” attached and incorporated into the Agreement. The HOME ARP Work Statement is for the Town to purchase and rehabilitate a minimum of two (2) new permanent affordable rental homes in the Town for qualifying populations. If the Town has completed the required Environmental Review, expenditures may be retroactive to July 1, 2022. All work performed, or costs incurred expenses shall be reimbursable through September 30, 2025. The County shall provide the Town with $1,174,917 for the Work Statement activities. The funding for this Work Statement is provided by HOME - ARP through the U.S. Department of Housing and Urban Development (HUD) funds. C. The Agreement funding amount shall be increased from $555,018 to $873,152 in HOME funds and $1,174,917 HOME ARP funds. III. Section II above contains all the changes made by this Amendment No. 2. All other terms and conditions of the Agreement and Amendment No. 1 shall remain the same and in full force and effect as approved. IV. The Parties have authorized the undersigned to execute this Amendment No. 2 on their behalf, and it shall be effective upon approval and signature by both Parties. (Signatures are contained on the following page) Contract No. C-22-21-049-X-02 Amendment No. 2 Page 3 of 10 Town of Gilbert IN WITNESS, the Parties have approved and signed this Amendment: NO. 2: FOR TOWN OF GILBERT: FOR MARICOPA COUNTY: __________________________________ Brigette Peterson Date Mayor ____________________________________ Bill Gates Date Chairman, Board of Supervisors Attestation: ___________________________________ Chaveli Herrera Date Town Clerk Attestation: ____________________________________ Juanita Garza Date Clerk of the Board IN ACCORDANCE WITH A.R.S. §§ 9-240 and 11-952, THIS AMENDMENT NO. 2 HAS BEEN REVIEWED BY THE UNDERSIGNED ATTORNEY WHO HAS DETERMINED IT IS PROPER IN FORM AND WITHIN THE POWERS AND AUTHORITY GRANTED TO THE TOWN OF GILBERT UNDER THE LAWS OF THE STATE OF ARIZONA. APPROVED AS TO FORM: ___________________________________ IN ACCORDANCE WITH A.R.S. §§ 11-201, 11-251, AND 11-952, THIS AMENDMENT NO. 2 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: ___________________________________ Attorney for the Town Date Deputy County Attorney Date Contract No. C-22-21-049-X-02 Amendment No. 2 2022 Work Statement Page 4 of 10 Town of Gilbert 2022 WORK STATEMENT MARICOPA COUNTY Work Statement - Acquisition and Rehabilitation of Rental Housing HOME Investment Partnerships Program Program Year 2022 Consortium Member: Town of Gilbert, Arizona Activity Type: Homebuyer Project: Acquisition and Rehabilitation of Rental Housing Funding: PY 2022 $318,134 ($318,134 from EN) Type of Property: Single Family 1.0 FUNDING: PROGRAM YEAR ENTITLEMENT ADMINISTRATION TOTAL BUDGET PY 2022 $318,134 $0 $318,134 2.0 SCOPE OF WORK 1. Purchase and rehabilitate one (1) new permanent affordable rental home in the Town. A Subcontractor will utilize HOME funds for the purchase and minor rehabilitation of one home to be rented for income eligible residents. The contracting agency will ensure that eligible beneficiaries do not exceed the current Maricopa County HOME Income Limits. The Subcontractor will not exceed the annual HOME Rent Limits, including utilities. The Town currently has 18 permanent affordable rental homes. Affordable rental property is a high priority goal in Town’s Consolidated Plan. 2. Type of assistance/activity to be provided with HOME funds: Acquisition and Rehabilitation of Rental Housing and the creation of a permanent, affordable rental home. 3. Methods and instruments used for ensuring affordability (24 CFR 92.254(a)(5)): Recapture provision. The HOME funds will be secured by a Deed of Trust and Promissory Note. The Town utilizes a recapture provision that will require the HOME funds to be repaid in full by either the Subcontractor or the Town if the unit is determined to be no longer eligible. Funds to be repaid will be based on the entire amount of HOME subsidy that was originally used to purchase and rehabilitate the unit. All units are secured by a Deed of Trust and Promissory Note. 4. Anticipated use of Program Income: No Program Income is anticipated. Contract No. C-22-21-049-X-02 Amendment No. 2 2022 Work Statement Page 5 of 10 Town of Gilbert 3.0 OBJECTIVES AND OUTCOMES: 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, Expansion of assisted rental units in the private marketplace Housing Activities in a targeted revitalization area 4.0 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 Purchase and rehabilitate one single family unit home for a household at or below 60% of the Area Median Income Expand affordable housing opportunities Safe and decent housing for a low- income household. Stable neighborhoods 5.0 PROPOSED BENEFICIARIES: Targeted Population by Income Level Number of Households Total Number of Units Number of HOME Assisted Units in program (if rental) Households at or below 50% Households at or below 60% 1 1 1 Households at or below 80% TOTAL 1 1 1 6.0 PRIORITY POPULATION: 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. Contract No. C-22-21-049-X-02 Amendment No. 2 2022 Work Statement Page 6 of 10 Town of Gilbert Priority Populations No. of Units Elderly Physically Disabled Other Priority Populations: Veterans Homeless 7.0 PERFORMANCE REPORTING GOALS/TIMELINE OF ACTIVITIES: MILESTONES COMPLETION DATE HOME Amendment signed by Town Council November 15, 2022 Market Study July 1, 2023 Underwriting August 1, 2023 Secure Financing August 15, 2023 Environmental Review September 15, 2023 Obtain Site Control October 1, 2023 Developer Selected and Signed Development Contract October 15, 2023 Any change to the Timeline will need to be approved by the County 8.0 ACTIVITY BUDGET SUMMARY: ACTIVITY PY 2022 HOME FUNDS OTHER RESOURCES (Table 9.0 & 10.0) TOTAL ACTIVITY BUDGET Acquisition/Rehabilitation $302,134 0 $302,134 Developer Fees $16,000 0 $16,000 Match $79,533.50 TOTALS $318,134 $79,533.50 $397,667.50 9.0 SOURCE AND AMOUNT OF OTHER RESOURCES: FUNDING AGENCY AMOUNT VOLUNTEER/IN-KIND AMOUNT No other sources 10.0 ACTIVITY MATCH: AMOUNT FORM OF MATCH SOURCE $79,533.50 Cash ARM Save the Family Match commitment must equal 25% of the HOME funds requested. Documentation is due at the time of each request for payment Contract No. C-22-21-049-X-02 Amendment No. 2 2021 HOME – ARP Work Statement Page 7 of 10 Town of Gilbert 2021 HOME – ARP WORK STATEMENT MARICOPA COUNTY HOME Investment Partnerships Program – American Rescue Plan Program Year 2021 HOME-ARP Consortium Member: Town of Gilbert, Arizona HOME-ARP Funds: $1,174,917 ($1,079,653 from entitlement and $95,264 from admin) Activity Type: Development of Affordable Rental Housing Activity Name: Acquisition and Rehabilitation of Single-Family Rental Housing 1. FUNDING: HOME-ARP HOME-ARP ADMIN TOTAL $1,079,653 $95,264 $1,174,917 2. DETAILED SCOPE OF WORK: 1. Purchase and rehabilitate at least (2) new permanent affordable rental home in the Town for qualifying populations. A Subcontractor will utilize HOME ARP funds for the purchase and minor rehabilitation of at least 2 homes to be rented by a qualifying population. The contracting agency will ensure that eligible beneficiaries meet the qualifying populations and do not exceed the current Maricopa County HOME Income Limits. The Subcontractor will not exceed the annual HOME Rent Limits, including utilities. The Town currently has 18 permanent affordable rental homes. Affordable rental property is a high priority goal in Town’s Consolidated Plan. 2. Type of assistance/activity to be provided with HOME ARP funds: Acquisition and Rehabilitation of Rental Housing and the creation of a permanent, affordable rental home. 3. Methods and instruments used for ensuring affordability (24 CFR 92.254(a)(5)): Recapture provision. The HOME ARP funds will be secured by a Deed of Trust and Promissory Note. The Town utilizes a recapture provision that will require the HOME ARP funds to be repaid in full by either the Subcontractor or the Town if the unit is determined to be no longer eligible. Funds to be repaid will be based on the entire amount of HOME ARP subsidy that was originally used to purchase and rehabilitate the unit. All units are secured by a Deed of Trust and Promissory Note. 4. Anticipated use of Program Income: No Program Income is anticipated. 5. All HOME-ARP activities will follow the guidance provided in Notice CPD-21-10: Requirements for Use of Funds in the HOME-ARP Program. Contract No. C-22-21-049-X-02 Amendment No. 2 2021 HOME – ARP Work Statement Page 8 of 10 Town of Gilbert 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 2 Estimated Number of Households to Benefit 2 4. 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 ARP Funding Purchase and rehabilitate at least 2 single family unit homes for a qualifying population Expand affordable housing opportunities Safe and decent housing for a low- income household Stable neighborhoods 5. QUALIFIED POPULATIONS OF PROPOSED BENEFICIARIES: Qualified Populations Number Individuals Number of Families Homeless At Risk of Homelessness 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) No Preference established, the Town will ensure that individuals and households from all QPs are admitted to projects or activities chronologically in order of their application. 2 Contract No. C-22-21-049-X-02 Amendment No. 2 2021 HOME – ARP Work Statement Page 9 of 10 Town of Gilbert (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%) 2 2 100% HOME-ARP Units assisted based on income eligibility (not to exceed 30%) TOTAL 2 2 100% 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: No preferences have been established. The Town will ensure that individuals and households from all QPs are admitted to projects or activities chronologically in order of their application. 2. Referral Methods for Project or Activity: Project will be marketed to the Gilbert community and open to all qualifying applicants. Referrals will be received and will be placed in chronological order along with all other qualifying applicants. 3. Waitlist Procedures: Applications will be accepted on a first come first served basis and will be screened for eligibility. Waitlist will be capped at 15 applications. 7. PERFORMANCE REPORTING GOALS-TIMELINE OF ACTIVITIES: MILESTONES START DATE COMPLETION DATE HOME ARP Agreement signed by Council TBD November 2022 Request for Qualifications (RFQ) TBD January 2023 Developer Selected TBD March 2023 Market Study TBD TBD Underwriting TBD TBD Secure Financing TBD TBD Environmental Review TBD TBD Obtain Site Control TBD TBD Any change to the Timeline will need to be submitted to and approved by Maricopa County. 8. ACTIVITY BUDGET SUMMARY: COSTS HOME-ARP FUNDS HOME-ARP ADMIN Additional Sources* (defined in Table 9) TOTAL COST Acquisition/Rehabilitation $1,079,653 $95,264 $0 $1,174,917 TOTAL $1,079,653 $95,264 $0 $1,174,917 Contract No. C-22-21-049-X-02 Amendment No. 2 2021 HOME – ARP Work Statement Page 10 of 10 Town of Gilbert 9. SOURCE AND AMOUNT OF OTHER RESOURCES: FUNDING AGENCY CASH AMOUNT VOLUNTEER/ IN-KIND AMOUNT No other sources TOTAL 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.