IGA AMENDMENT 4 WITH TOWN OF GILBERT RE HOME INVESTMENT PARTNERSHIP ACTIVITES.PDF
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Contract No. C-22-21-049-X-04 Amendment No. 4 Page 1 of 7 Town of Gilbert AMENDMENT NO. 4 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 following activity. The Amendment added a 2021 Work Statement which 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. The Parties fully executed Amendment No. 2 on or about January 11, 2023. The County provided the Town with an increase in funding in the amount of $318,134 in 2022 HOME funds and $1,174,917 in 2021 HOME-ARP funds. The Amendment added two (2) Work Statements: Work Statement 2022, and Work Statement 2021. The Work Statement activities listed below: • 2022 HOME Work Statement - The Town to purchase and rehabilitate a home and rent to eligible low-income family in the Town. The County provided the Town with $318,134 for the Work Statement activities. All work performed, or costs incurred expenses shall be reimbursable through September 30, 2025. • 2021 HOME-ARP Work Statement - The Town to purchase and rehabilitate a minimum of two homes in the Town and rent to eligible low-income families. The County provided the Town with $1,174,917 for the Work Statement activities. All work performed, or costs incurred expenses shall be reimbursable through September 30, 2025. • The Agreement funding increased from $555,018 to $873,152 in HOME funds and $1,174,917 HOME-ARP funds. The Parties fully executed Amendment No.3 on or about December 4, 2023. The County provided the Town with an increase in funding in the amount of $337,297 in PY2023 Contract No. C-22-21-049-X-04 Amendment No. 4 Page 2 of 7 Town of Gilbert HOME funds. Paragraph 36.0 (Insurance) was removed and replaced in its entirety and required contract language was added in Amendment No.3. The Amendment added a 2023 Work Statement which addressed the following: • The 2023 Work Statement is for the Town to purchase and rehabilitate a single- family home made available for rental to an eligible family. The County provided the Town with $337,297 for this activity. All work performed, or costs incurred expenses shall be reimbursable through September 30, 2025. • The total agreement funding amount increased to $2,385,366 II. The Parties agree to enter into this Amendment No. 4 to amend the Agreement as follows: A. Extend the Agreement termination date from September 30, 2025, through September 30, 2026. B. Revise and update the Lead Agency (County) Contact: Representative: Jamie Macfarlane, Assistant Director, Housing and Community Development Division Phone: 602-506-5813 Email: jamie.macfarlane@maricopa.gov Address: 234 N. Central Ave, 3rd Floor, Phoenix, AZ 85004 C. Add the following Paragraph to the Agreement: 56.0 PROVISIONS REQUIRED BY LAW Each and every provision of law and any clause required by law to be in this Agreement will be read and enforced as though it were included herein and, if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party, this Agreement will promptly be physically amended to make such insertion or correction. D. 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 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: 19.1.1 Modifications to the project timeline if the last day of the project timeline is within the Agreement term; 19.1.2 Modifications to Budget line items if the Agreement Amount remains unchanged; 19.1.3 Modifications required by federal, state, or County regulations, ordinances, or policies; and/or 19.1.4 Modifications to Administrative requirements such as changes in reporting periods, frequency of reports, or report Contract No. C-22-21-049-X-04 Amendment No. 4 Page 3 of 7 Town of Gilbert formats required by the U.S. Department of Treasury or local regulations, policies, or requirements. E. Revise Section 3 (Work Statement) to address the following paragraphs: 1. Add an additional Work Statement hereinafter referred to as “2024 Work Statement”, attached and incorporated into the Agreement. The Work Statement is for the Town to purchase and rehabilitate a single-family home made available for rental to an eligible family. The County shall provide the Town with $305,491 for this activity. The funding for Amendment No. 4 is provided by PY24 HOME HUD funds, under ALN 14.239. All work performed or costs incurred or expensed shall be reimbursable through September 30, 2025. F. The total Agreement funding amount is $2,690,857 and consists of the following fund sources: 1. $1,515,940 – HOME 2. $1,174,917 – HOME-ARP funds III. Section II above contains all the changes made by this Amendment No. 4. All other terms and conditions of the Agreement and previously approved 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. 4 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-04 Amendment No. 4 Page 4 of 7 Town of Gilbert IN WITNESS, the Parties have approved and signed this Amendment: NO. 4: FOR THE TOWN OF GILBERT: FOR MARICOPA COUNTY: ___________________________________ Brigette Peterson Date Mayor ____________________________________ Jack Sellers 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. 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 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. 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: ___________________________________ Attorney for the Town Date Deputy County Attorney Date Page 5 of 7 Town of Gilbert 2024 WORK STATEMENT MARICOPA COUNTY Work Statement - Acquisition and Rehabilitation of Rental Housing HOME Investment Partnerships Program Program Year 2024 Consortium Member: Town of Gilbert, Arizona Activity Type: Rental Project: Acquisition and Rehabilitation of Rental Housing Funding: PY 2024 $305,491 ($305,491 from EN) Type of Property: Single Family 1.0 FUNDING: PROGRAM YEAR ENTITLEMENT ADMINISTRATION TOTAL BUDGET PY 2024 $305,491 $0 $305,491 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 2- or 3-bedroom 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 22 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)): 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. Program Income means gross income received by the Town directly generated from the use of HOME funds. For purposes of this work statement, the gross income from the use or rental of real property that was acquired, rehabilitated, or constructed, with HOME funds or matching contributions, less costs incidental to generation of the income No Program Income is anticipated, but if any is earned it will be returned to the Town, and retained for future HOME eligible activities. All work performed or costs incurred or expensed shall be reimbursable through September 30, 2026. Page 6 of 7 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. Page 7 of 7 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 ESTIMATED COMPLETION DATE HOME Amendment signed by Town Council September 2024 Market Study January 2025 Underwriting February 2025 Secure Financing March 2025 Environmental Review March 2025 Obtain Site Control May 2025 Developer Selected and Signed Development Contract June 2025 Any change to the timeline will need to be approved by the County 8.0 ACTIVITY BUDGET SUMMARY: ACTIVITY PY 2024 HOME FUNDS OTHER RESOURCES (Table 9.0 & 10.0) TOTAL ACTIVITY BUDGET Acquisition/Rehabilitation $289,491 $31,421 $320,912 Developer Fees $16,000 $16,000 TOTALS $305,491 $31,421 $336,912 9.0 SOURCE AND AMOUNT OF OTHER RESOURCES: FUNDING AGENCY AMOUNT VOLUNTEER/IN-KIND AMOUNT Town of Gilbert PY23 HOME $31,421 Carry forward 10.0 ACTIVITY MATCH: AMOUNT FORM OF MATCH SOURCE $22,749.75 Federal Home Loan Bank ARM of Save the Family $53,623.00 In Kind – Property Tax ARM of Save the Family Match commitment must equal 25% of the HOME funds requested. Documentation is due at the time of each request for payment.