CITY OF AVONDALE HOME AMENDMENT 1.PDF
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Contract No. C-22-21-093-X-01 Amendment No. 1 Page 1 of 11 City of Avondale AMENDMENT NO. 1 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 Town with $206,370 in 2020 HOME Investment Partnerships Program (HOME) funds from the U.S. Department of Housing and Urban Development (HUD). 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.” II. The Parties agree to enter into this Amendment No. 1 to amend the Agreement as follows: A. Extend the Agreement termination date from September 30, 2024 through September 30, 2025. B. Add two additional Work Statements: i. Add an additional Work Statement hereinafter referred to as “2021 Work Statement A”, attached and incorporated into the Agreement. The 2021 Work Statement A 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 $179,706 for the 2021 Work Statement A activities. All work performed or costs incurred or expensed shall be reimbursable through September 30, 2024. ii. Add an additional Work Statement hereinafter referred to as “2021 Work Statement B”, attached and incorporated into the Agreement. The 2021 Work Statement B is for the City to provide down payment, closing costs, principal reduction, and other appropriate assistance to eligible first-time homebuyers. The County shall provide the City with $31,590 for the Work Statement B activities. All work performed or costs incurred or expensed shall be reimbursable through September 30, 2025. C. The County shall provide the City with a total amount of $211,296 for the Work Statements 2021 A and 2021 B activities. The funding for this Amendment No. 1 is provided by (Program Year 2021 (PY21)) HOME Investment Partnerships Program (HOME) from the U.S. Department of Housing and Urban Development (HUD) funds, CFDA No. 14.239. D. The Agreement funding amount shall be increased from $206,370 to $417,666. E. Revise Section 1 (General Provisions) to address the following: 1. Paragraph 51.0 (CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENTS TO INFORM EMPLOYEES OF Contract No. C-22-21-093-X-01 Amendment No. 1 Page 2 of 11 City of Avondale WHISTLEBLOWER RIGHTS), by deleting Subparagraph 51.3 and replacing it with the following: 51.3 The City shall insert the substance of this clause, including this Subparagraph, in all Subcontracts over the simplified acquisition threshold ($250,000 as of June 2021). 2. Add paragraph 54.0 (FORCE MAJEURE): 54.1 Neither Party shall be liable for failure of performance, nor incur any liability to the other Party on account of any loss or damage resulting from any delay or failure to perform all or any part of this Agreement if such delay or failure is caused by events, occurrences, or causes beyond the reasonable control and without negligence of the Parties. Such events, occurrences, or causes will include Acts of God/Nature (including fire, flood, earthquake, storm, hurricane, or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, riots, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, lockout, blockage, embargo, labor dispute, strike, pandemic, and interruption or failure of electricity or telecommunication service. 54.2 Each Party, as applicable, shall give the other Party notice of its inability to perform and particulars in reasonable detail of the cause of the inability. Each party must use best efforts to remedy the situation and remove, as soon as practicable, the cause of its inability to perform or comply. 54.3 The Party asserting Force Majeure as a cause for non-performance shall have the burden of proving that reasonable steps were taken to minimize delay or damages caused by foreseeable events, all non-excused obligations were substantially fulfilled, and the other Party was timely notified of the likelihood or actual occurrence that would justify such an assertion, so that other prudent precautions could be contemplated. F. Revise Section 2 (Special Provisions) by deleting Paragraph 19.0 (General Conditions) and replacing it with the following: 19.0 GENERAL CONDITIONS 19.1 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 make changes within the general scope of the Agreement on behalf of the County through Administrative Change Orders. Administrative Change Orders shall be approved and fully executed by the Chairman of the Board of Supervisors and the City. 19.1.1 Administrative Change Orders may address any of the following areas: 19.1.1.1 Modifications to the project timeline if the last day of the project timeline is within the Agreement term; 19.1.1.2 Modifications to Budget line items if the Agreement Amount remains unchanged; Contract No. C-22-21-093-X-01 Amendment No. 1 Page 3 of 11 City of Avondale 19.1.1.3 Modifications required by federal, state, or County regulations, ordinances, or policies; and 19.1.1.4 Modifications to administrative requirements such as changes in reporting periods, frequency of reports, or report formats required by HUD or local regulations, policies, or requirements. 19.1.2 It is the responsibility of the City to ensure the latest documents are consulted and followed. G. Revise Section 4 (Compensation) by deleting Paragraph 3.0 (Timeliness) and replacing it with the following: 3.0 TIMELINESS 3.1 The City shall submit the final reimbursement for each Work Statement not later than 15 calendar days after the reimbursable period ends. 3.2 The City shall submit to the County a Request for Reimbursement of all expenditures within the same fiscal year in which the expenditures are incurred. The fiscal year runs July 1st through June 30th and all Requests for Reimbursement shall be submitted no later than July 30th for the preceding fiscal year. 3.3 All requests for reimbursements shall be submitted to: HSDFINANCE@MARICOPA.GOV. III. Section II above contains all the changes made by this Amendment No. 1. All other terms and conditions of the Agreement 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. 1 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-22-21-093-X-01 Amendment No. 1 Page 4 of 11 City of Avondale IN WITNESS, the Parties have approved and signed this Amendment: NO. 1: FOR CITY OF AVONDALE: FOR MARICOPA COUNTY: __________________________________ Charles A. Montoya, City Manager Date ____________________________________ Chairman, Board of Supervisors Date Attestation: ___________________________________ Marcella Carrillo, City Clerk Date Attestation: ____________________________________ Clerk of the Board Date IN ACCORDANCE WITH A.R.S. §§ 9-240 and 11-952, THIS AMENDMENT NO. 1 HAS BEEN REVIEWED BY THE UNDERSIGNED ATTORNEY WHO HAS DETERMINED THIS AMENDMENT NO. 1 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: ___________________________________ IN ACCORDANCE WITH A.R.S. §§ 11-201, 11-251, AND 11-952, THIS AMENDMENT NO. 1 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: ___________________________________ City Attorney Date Deputy County Attorney Date Contract No. C-22-21-049-X-01 2021 Work Statement A Page 5 of 11 City of Avondale MARICOPA COUNTY HOME Investment Partnerships Program Program Year 2021 Work Statement A Consortium Member: City of Avondale, Arizona Project: Owner Occupied Housing Rehabilitation Type of Property: Single Family Residential Program Year: 2021 HOME Funds provided through this Amendment: $179,706, which includes $13,206 in Administrative Funds 1. Scope of Work: 1.1 This activity supports the Consolidated Plan goal. 1.2 Type of assistance/activity to be provided with HOME funds: 1.2.1 Single family housing rehabilitation (owner-occupied) – activities may include, but are not limited to program delivery, hazard testing and mitigation, and construction to benefit HOME-qualified low-income households. 1.3 The City will provide forgivable, non-amortizing loans to eligible owners of single- family housing for substantial housing rehabilitation activities. Assistance will include, but is not limited to costs associated with construction, hazard testing/mitigation, title work, and program delivery. 1.4 The City will secure HOME funds with a Deed of Trust and Promissory Note, or other appropriate lien document(s) approved by the City. 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. 2. Objectives and Outcomes: 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-22-21-049-X-01 2021 Work Statement A Page 6 of 11 City of Avondale 3. 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 The City will provide eligibility qualification, environmental review, title work, 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 4. 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% 0 0 0 Households at or below 60% 0 0 0 Households at or below 80% 3 3 0 TOTAL 3 3 0 5. Priority Populations: Priority Populations No. of Units Elderly 0 Physically Disabled 0 Other Priority Populations: Veterans 0 Contract No. C-22-21-049-X-01 2021 Work Statement A Page 7 of 11 City of Avondale 6. Performance Reporting Goals-Timeline of Activities: MILESTONES START DATE COMPLETION DATE Applicant eligibility 1/1/2022 9/30/2022 Scope of Work 1/31/2022 2/28/2022 Environmental reviews 3/1/2022 3/31/2022 RFQ issued 4/1/2022 4/30/2022 Contractors selected 5/15/2022 6/30/2022 Rehabilitation 7/1/2022 10/1/2022 Request for Reimbursement to County 12/31/2022 1/31/2022 Completion report submitted to County 1/31/2022 2/15/2022 Any change to the Timeline will need to be submitted to and approved by Maricopa County. 7. Activity Budget Summary: Activity PY 2021 HOME FUNDS PY 2021 Program Income Match* TOTAL COST Housing rehabilitation $166,500 $58,500 $41,625* $266,625 Administration $13,206 $6,500 $19,706 TOTAL $179,706 $65,000 $41,625 $286,331 *waived for draws in IDIS through 09/30/2022 per the CARES Act. 8. Source and Amount of Other Resources: SOURCE CASH AMOUNT VOLUNTEER/ IN-KIND AMOUNT City of Avondale General Funds $41,625 9. 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 with each Request for Reimbursement and annually by June 30th of each year. TYPE SOURCE/FUNDING AGENCY TOTAL Cash or cash equivalents from a non- federal source City of Avondale General Funds $41,625 Value of donated materials, equipment, labor, and professional services Sweat equity TOTAL $41,625 *Per CARES Act waiver the City will not be obligated to match HOME funds expended in IDIS by September 30, 2022. Contract No. C-22-21-049-X-01 2021 Work Statement B Page 8 of 11 City of Avondale MARICOPA COUNTY HOME Investment Partnerships Program Program Year 2021 Work Statement B Consortium Member: City of Avondale, Arizona Project: Homebuyer Assistance PY2021 HOME Funds: $31,590 Type of Property: Single-Family 1. Detailed Scope of Work: 1.1. This activity supports the Consolidated Plan goal to expand affordable housing by providing direct financial assistance to income-qualified homebuyers. 1.2. Type of assistance/activity to be provided with HOME funds: The City will provide down payment, closing cost, principal reduction and other appropriate assistance to eligible first-time homebuyers who wish to purchase a single-family property in the City. 1.3. Methods and instruments used for ensuring affordability: The City will secure HOME funds with a Deed of Trust and Promissory Note, or other appropriate lien document(s) approve by the City. These documents will include a Recapture provision per the HOME regulations. The amount of Recaptured Proceeds will be prorated over the term of the loan, and as such, be payable in full the City should the borrower sell, refinance with cash out or no longer occupy the property as their primary residence within the Period of Affordability. 1.4. Anticipated use of Recaptured Funds: Recaptured Proceeds—10% will be used for administration and the remaining funds will be used for additional HOME- eligible projects per the HOME regulations. 2. Objectives and Outcomes: 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, Preservation of existing public housing units and TBRA, Expansion of assisted rental units in the private marketplace Housing Activities in a targeted revitalization area Contract No. C-22-21-049-X-01 2021 Work Statement B Page 9 of 11 City of Avondale 3. 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 A non-profit Subrecipient will provide eligibility qualification (including income), housing counseling/homebuyer education, property inspections, purchase contract review, lien documentation and preparation, and coordination with lenders, title companies, buyers, and Realtors. The City will complete the environmental review. Expand affordable housing opportunities. Low-income family becomes first time homebuyer. Stable neighborhoods. 4. 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% Households at or below 80% 1 1 TOTAL 1 1 5. Priority Populations: Priority Populations No. of Units Elderly Physically Disabled Other Priority Populations: Veterans Contract No. C-22-21-049-X-01 2021 Work Statement B Page 10 of 11 City of Avondale 6. Performance Reporting Goals-Timeline of Activities: MILESTONES START DATE COMPLETION DATE Applicant eligibility 7/1/2021 6/30/2022 Environmental Reviews 10/1/2021 6/30/2022 Units passes HQS inspection 11/1/2021 6/30/2022 Underwriting & private financing secured 11/30/2021 6/30/2022 Close of escrow & occupancy by LMI households 12/31/2021 6/30/2022 Project funding drawdown and Completion Reports submitted to County 5/1/2022 6/30/2022 Changes to the Timeline will need to be submitted to and approved by Maricopa County. 7. Activity Budget Summary: RENTAL COSTS PY 2021 HOME FUNDS Additional Sources* (defined in Table 8) TOTAL COST Down payment assistance $31,590 $31,590 Private Loans $200,000 $200,000 Buyer’s Contribution $2,000 $2,000 TOTAL $31,590 $202,000 $233,590 8. Source and Amount of Other Resources: FUNDING AGENCY CASH AMOUNT VOLUNTEER/ IN-KIND AMOUNT Local lenders $200,000 Buyer’s Contribution $2,000 TOTAL $202,000 Contract No. C-22-21-049-X-01 2021 Work Statement B Page 11 of 11 City of Avondale 9. 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 with each Request for Reimbursement and annually by June 30th of each year. TYPE SOURCE/FUNDING AGENCY TOTAL Cash or cash equivalents from a non-federal source City of Avondale General funds $7,898 Value of waived taxes, fees or charges associated with HOME projects Value of waived taxes, fees or charges associated with Affordable Housing Development 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 $7,898 *Per CARES Act waiver the City will not be obligated to match HOME funds expended in IDIS by September 30, 2022.