TOWN OF GILBERT HOME AMENDMENT 3.PDF
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Contract No. C-22-21-049-X-03 Amendment No. 3 Page 1 of 6 Town of Gilbert AMENDMENT NO. 3 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. Contract No. C-22-21-049-X-03 Amendment No. 3 Page 2 of 6 Town of Gilbert II. The Parties agree to enter into this Amendment No. 3 to amend the Agreement as follows: A. Revise Section 1 (General Provisions) 36.0 INSURANCE , delete in its entirety and replace with the following: 36.0 INSURANCE The Subrecipient shall provide the County a Certificate of Self-Insurance equal to: General Aggregate $3,000,000 Each Occurrence Limit $1,000,000 B. Revise Section 1 (General Provisions) to add the following paragraph: 55.0 UYGHUR FORCED LABOR PREVENTION ACT (UFLPA) 55.1 The Subrecipient warrants and certifies that it does not currently, and agrees for the duration of the agreement 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 Subrecipient becomes aware during the term of the Agreement that the Subrecipient is not in compliance with this paragraph, the Subrecipient shall notify the County within five business days after becoming aware of the noncompliance. Failure of the Subrecipient to provide a written certification that the Subrecipient has remedied the noncompliance within one hundred eighty (180) days after notifying the County of its noncompliance, this Agreement shall terminate unless the Term of this Agreement shall end prior to said one hundred eighty (180) day period. C. Revise Section 3 (Work Statement) to address the following paragraphs: 1. Add an additional Work Statement hereinafter referred to as “2023 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 $337,297 for this activity. The funding for Amendment No. 3 is provided by PY23 HOME HUD funds, under ALN 14.239. All work performed or costs incurred or expensed shall be reimbursable through September 30, 2025. D. The total Agreement funding amount is $2,385,366 and consisted of the following fund sources: 1. $1,210,449 – HOME 2. $1,174,917 – HOME-ARP funds III. Section II above contains all the changes made by this Amendment No. 3. 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. Contract No. C-22-21-049-X-03 Amendment No. 3 Page 3 of 6 Town of Gilbert IV. The Parties have authorized the undersigned to execute this Amendment No. 3 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. 3: FOR TOWN OF GILBERT: FOR MARICOPA COUNTY: __________________________________ Brigette Peterson Date Mayor ____________________________________ Clint Hickman 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. 3 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. 3 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-03 Amendment No. 3 Page 4 of 6 Town of Gilbert 2023 WORK STATEMENT MARICOPA COUNTY Work Statement - Acquisition and Rehabilitation of Rental Housing HOME Investment Partnerships Program Program Year 2023 Consortium Member: Town of Gilbert, Arizona Activity Type: Homebuyer Project: Acquisition and Rehabilitation of Rental Housing Funding: PY 2023 $337,297 ($337,297 from EN) Type of Property: Single Family 1.0 FUNDING: PROGRAM YEAR ENTITLEMENT ADMINISTRATION TOTAL BUDGET PY 2023 $337,297 $0 $337,297 2.0 SCOPE OF WORK 2.1 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 20 permanent affordable rental homes. Affordable rental property is a high priority goal in Town’s Consolidated Plan. 2.2 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. 2.3 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. 2.4 Anticipated use of Program Income: No Program Income is anticipated. Contract No. C-22-21-049-X-03 Amendment No. 3 Page 5 of 6 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 Contract No. C-22-21-049-X-03 Amendment No. 3 Page 6 of 6 Town of Gilbert 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. 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 October 24, 2023 Market Study January 2024 Underwriting February 2024 Secure Financing March 2024 Environmental Review March 2024 Obtain Site Control May 2024 Developer Selected and Signed Development Contract July 2024 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 $321,297 Developer Fees $16,000 Match $84,324 TOTALS $337,297 $84,324 $421,621 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 $61,574.25 Federal Home Loan Bank ARM of Save the Family $22,749.75 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.