TRELLIS-CITY OF AVONDALE AMENDMENT 2.PDF
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Page 1 of 3 AMENDMENT NO. 2 TO THE AGREEMENT BETWEEN MARICOPA COUNTY ADMINISTERED BY ITS HUMAN SERVICES DEPARTMENT AND TRELLIS COMMUNITY DEVELOPMENT A COMMUNITY HOUSING DEVELOPMENT ORGANIZATION AND CITY OF AVONDALE I. Maricopa County (“County”) administered by its Human Services Department, Trellis Community Development, a Community Housing Development Organization (“CHDO”), and the City of Avondale (“Administrator”) entered into a financial agreement (“Agreement”), which was fully executed on or about July 13, 2020. The purpose of the Agreement is for the CHDO, acting in the capacity of a developer, to construct one (1) single-family home for a low-income household in the City of Avondale. The County provided the CHDO with $155,000 in 2019 HOME Investment Partnerships Program (HOME) funds from the U.S. Department of Housing and Urban Development (HUD) under Assistance Listing Number (ALN) 14.191 HOME Investment Partnerships Program. The County, CHDO, and the Administrator collectively are referred to as the “Parties.” The Parties fully executed Amendment No. 1 on or about November 24, 2020. The Amendment added agreement required language specific to: Written Certification and Survival. The County provided the CHDO an increase in funding in the amount of $290,000 in PY20 HOME funds under ALN 14.191. The Amendment added one (1) Work Statement 2020 Work Statement which addressed the following: • 2020 Work Statement - the CHDO to construct the remaining two (2) of the three (3) new single-family homes on the interior lots (Lots 1 and 2). The project will create homeownership opportunities for two (2) low- to moderate-income households that is rated as a high priority in the Consolidated Plan. The County provided the CHDO with $290,000 in PY20 HOME funds. All work performed, or costs incurred or expensed shall be reimbursable through September 30, 2023. The Agreement funding amount increased to $445,000. II. The Parties agree to enter into this Amendment No. 2 to 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. The County shall provide an increase in HOME PY2019 funding under ALN 14.191, in the amount of $150,000. The Agreement shall be increase from $445,000 to a not-to-exceed amount of $595,000. Contract No. C-22-20-055-3-02 Amendment No. 2 Page 2 of 3 C. Revise Section 1 (General Provisions) to add the following: 54.0 UYGHUR FORCED LABOR PREVENTION ACT (UFLPA) 54.1 The CHDO and Administrator warrant and certify that they do not currently, and agrees for the duration of the agreement that they will not, use: 54.1.1 The forced labor of ethnic Uyghurs in the People’s Republic of China. 54.1.2 Any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China. 54.1.3 Any contractors, subcontractors or suppliers that use the forced labor or any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China. 54.2 If the CHDO and the Administrator become aware during the term of the Agreement that the CHDO or the Administrator is not in compliance with this paragraph, the CHDO or the Administrator shall notify the County within five business days after becoming aware of the noncompliance. Failure of the CHDO or the Administrator to provide a written certification that the CHDO or the Administrator has remedied the noncompliance within one hundred eighty (180) days after notifying the public entity of its noncompliance, this Agreement shall terminate unless the Term of this Agreement shall end prior to said one hundred eighty (180) day period. III. The Agreement is amended to incorporate the changes contained in this Amendment No. 2. All other terms and conditions of the Agreement and Amendment No. 1 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. 2, and it shall be effective upon approval and signature by both Parties. [Signatures contained on the following page] Contract No. C-22-20-055-3-02 Amendment No. 2 Page 3 of 3 IN WITNESS, the Parties have approved and signed this Amendment No. 2: APPROVED BY: MARICOPA COUNTY Chairman, Board of Supervisors Date APPROVED BY: CITY OF AVONDALE (Administrator) Ron Corbin Date City Manager Attested to: Juanita Garza Date Clerk of the Board Attested to: Marcella Carrillo Date City Clerk IN ACCORDANCE WITH A.R.S. §§ 11-201 AND 11-251, 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 OF GRANTED TO MARICOPA COUNTY UNDER THE LAWS OF THE STATE OF ARIZONA. Approved as to form: Deputy County Attorney Date IN ACCORDANCE WITH A.R.S. § 9-240, THIS AMENDMENT NO. 2 HAS BEEN REVIEWED BY THE UNDERSIGNED ATTORNEY WHO HAS DETERMINED II 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: Attorney for the City of Avondale Date APPROVED BY: TRELLIS COMMUNITY DEVELOPMENT, an Arizona nonprofit corporation (CHDO) Michael Trailor Date President, CEO, and Executive Director Contract No. C-22-20-055-3-02 Amendment No. 2