CITY OF AVONDALE HOME AMENDMENT 2.PDF
Extracted text (via pymupdf)
19398 characters
Contract No. C-22-21-093-X-02 Amendment No. 2 Page 1 of 11 City of Avondale AMENDMENT NO. 2 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 HOME funds. 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 Agreement funding amount increased to $417,666. 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 1 (General Provisions) to add the following paragraphs: 55.0 UYGHUR FORCED LABOR PREVENTION ACT (UFLPA) 55.1 The City warrants and certifies that it does not currently, and agrees Contract No. C-22-21-093-X-02 Amendment No. 2 Page 2 of 11 City of Avondale for the duration of the contract that it will not, use: 55.1.1 the forced labor of ethnic Uyghurs in the People's Republic of China. 55.1.2 any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China. 55.1.3 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. 55.2 If the City becomes aware during the term of the Contract that the Company is not in compliance with this paragraph, the City shall notify the County within five business days after becoming aware of the noncompliance. Failure of the City to provide a written certification that the City 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. 56.0 PROVISION 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. C. Revise Section 3 (Work Statement) to add two (2) additional Work Statements for HOME funded activities for the City to complete: 1. Add an additional Work Statement hereinafter referred to as “2023 Work Statement” attached and incorporated into the Agreement. The 2023 Work Statement is for the City to provide down-payment, closing cost, principal reduction, and other appropriate assistance to eligible first-time homebuyers. The County shall provide the City with $214,593 for the Work Statement activities. The funding for Work Statement is provided by PY23 HOME Investment Partnerships Program (HOME) through the U.S. Department of Housing and Urban Development (HUD) funds, under ALN 14.239. All work performed or cost incurred or expensed shall be reimbursable through September 30, 2025. 2. Add an additional Work Statement hereinafter referred to as “2022 TBRA Work Statement” attached and incorporated into the Agreement. The 2022 TBRA Work Statement is for the City to administer the Tenant Based Rental Assistance (TBRA) Program to help prevent homelessness by providing decent and affordable rental housing for families in need. The County shall provide the City with $231,257 for the Work Statement activities. The funding for Work Statement is provided by PY22 HOME Investment Partnerships Program (HOME) through the U.S. Department of Housing and Urban Development (HUD) funds, under ALN 14.239. All work Contract No. C-22-21-093-X-02 Amendment No. 2 Page 3 of 11 City of Avondale performed or cost incurred expenses shall be reimbursed through September 30, 2025. D. The Agreement funding amount shall be increased from $417,666 to $863,516 in HOME funds. III. Section II above contains all the changes made by this Amendment No. 2. 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. 2 on their behalf, and it shall be effective upon approval and signature by both Parties. IN WITNESS, the Parties have approved and signed this Amendment: NO. 2: FOR CITY OF AVONDALE: FOR MARICOPA COUNTY: __________________________________ City Manager Date ____________________________________ Clint Hickman 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. 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 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. 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: ___________________________________ Deputy County Attorney Date Contract No. C-22-21-093-X-02 Amendment No. 2 Page 4 of 11 City of Avondale MARICOPA COUNTY HOME Investment Partnerships Program Program Year 2023 Consortium Member: City of Avondale, Arizona Project: Homebuyer Assistance and HOME Administration Funding: PY 2023 $214,593 ($201,181 from EN and $13,412 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 2023 $201,181 $13,412 $55,900 $270,493 2.0 DETAILED SCOPE OF WORK: Include the following: 2.1 This activity supports the Consolidated Plan goal to expand affordable housing by providing direct financial assistance to income-qualified homebuyers. 2.2 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. 2.3 Methods and instruments used for ensuring affordability: The City will secure HOME funds with a Deed of Trust and Promissory Note. These documents will include a Recapture provision per the HOME regulations. The amount of Recaptured Proceeds will be based on a “co-investor model” of recapture. The co-investor model of recapture states that: “the amount or recaptured funds due to the City on sale or transfer, voluntary or involuntary, shall be calculated based on the percentage of the home assistance subsidy, as a percent of the initial purchase price, rounded to the nearest tenth. If the full amount of HOME recapture is not available from the proceeds of the sale, the amount will be reduced based on the proceeds available. 2.4 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. Contract No. C-22-21-093-X-02 Amendment No. 2 Page 5 of 11 City of Avondale 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 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 service provider 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 for County approval. Expand affordable housing opportunities. Low-income family becomes first time homebuyer. Stable neighborhoods. Contract No. C-22-21-093-X-02 Amendment No. 2 Page 6 of 11 City of Avondale 5.0 PROPOSED BENEFICIARIES: Targeted Population by Income Level Number of Households PY 2023 Total Number of Units Households at or below 50% Households at or below 60% Households at or below 80% 7 7 TOTAL 7 7 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 2023 Total Elderly Physically Disabled Other Priority Populations: Veterans Homeless *City of Avondale will not be prioritizing populations. 7.0 PERFORMANCE REPORTING GOALS-TIMELINE OF ACTIVITIES: MILESTONES START DATE COMPLETION DATE HOME Contract Amendment signed by City Council 12/04/2023 12/04/2023 Applicant Eligibility 01/01/2024 09/30/2025 Environmental Program Clearance 01/01/2024 09/30/2025 Unit passes HQS inspection 01/01/2024 09/30/2025 Underwriting and private financing secured 01/01/2024 09/30/2025 Close of escrow 01/01/2024 09/30/2025 Project funding drawdown 01/01/2024 09/30/2025 Unit Occupied by Low/Moderate Income Person/Family 01/01/2024 09/30/2025 Final Completion Reports submitted to City 09/01/2025 09/30/2025 Any change to the Timeline will need to be submitted to and approved by Maricopa County. Contract No. C-22-21-093-X-02 Amendment No. 2 Page 7 of 11 City of Avondale 8.0 ACTIVITY BUDGET SUMMARY: ACTIVITIES Down Payment Assistance 2023 HOME Entitlement FUNDS Additional Sources (defined in Table 9 below) TOTAL COST Direct financial assistance for acquisition $201,181 $201,181 Direct financial assistance for acquisition $55,900 $55,900 Direct financial assistance for acquisition $50,296 $50,296 HOME ADMINISTRATION $13,412 $13,412 TOTAL $214,593 $106,196 $320,789 Administration (AD) funds to be expended by the City of Avondale for overall HOME program administration. 9.0 SOURCE AND AMOUNT OF OTHER RESOURCES: FUNDING AGENCY AMOUNT VOLUNTEER/ IN-KIND AMOUNT 2023 Program Income $55,900 General fund (match) $50,296 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 annual by June 30th of each year. TYPE SOURCE/FUNDING AGENCY General Fund TOTAL Cash or cash equivalents from a non-federal source General Funds $50,296 Contract No. C-22-21-093-X-02 Amendment No. 2 Page 8 of 11 City of Avondale MARICOPA COUNTY Work Statement - TBRA HOME Investment Partnerships Program Program Year 2022 Consortium Member: City of Avondale, Arizona 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 $0 $231,257 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-security and utility deposit assistance only 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 security and utility deposit program under the HOME Tenant Based Rental Assistance Program. 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-02 Amendment No. 2 Page 9 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 security and utility deposits for eligible low- income households. Low-income households will be provided with move-in assistance to access to affordable rental housing opportunities. Low-income families will be provided 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% 75 75 75 Households at or below 80% TOTAL 75 75 75 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-02 Amendment No. 2 Page 10 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 01/01/2025 01/01/2025 Environmental Program Clearance n/a n/a 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 Unit Occupied by Low/Moderate Income Person/Family Throughout Contract Term Throughout Contract Term Completion Report submitted to City 09/30/2025 09/30/2025 Any change to the Timeline will need to be submitted to and approved by Maricopa County. 9.0 ACTIVITY BUDGET SUMMARY: TBRA ACTIVITIES 2022 HOME FUNDS Additional Sources (defined in Table 9 below) TOTAL COST Security Deposits; Utility Deposits; Program Delivery $216,803 $54,201 $271,004 HOME ADMINISTRATION $14,454 0 $14,454 TOTAL $231,257 $54,201 $285,458 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 Contract No. C-22-21-093-X-02 Amendment No. 2 Page 11 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