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Contract No. C-22-17-045-3-03 Amendment No. 3 AMENDMENT No. 3 TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY ADMINISTERED BY ITS HUMAN SERVICES DEPARTMENT AND CITY OF TEMPE I. Maricopa County (“County”) administered by its Human Services Department and the City of Tempe (“City”) entered into a financial Intergovernmental Agreement (“Agreement”) on or about May 4, 2017. The purpose of the Agreement is for the City to provide single family homebuyer assistance (down payment and closing costs assistance). The County provided the City with $321,086 in 2016 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, 2019. The County and the City may be referred to individually as the “Party” and collectively referred to as the “Parties.” The Parties executed Amendment No. 1 on or about February 13, 2018 which addressed the following: A. Added 2017a Work Statement for the City’s Homebuyers Assistance Program. The County provided HOME funds in the amount of $155,490 for closing costs and down payment assistance to low-income homebuyers. The expenditure term for this Work Statement shall expire on September 30, 2021. B. Added 2017b Work Statement for the City to provide Tenant Based Rental Assistance (TBRA) and administration costs which increased the number of households assisted by 30. The County provided HOME funds in the amount of $176,221 for Work Statement activities. The expenditure term for this Work Statement shall expire on September 30, 2021. C. Removed the original Work Statement for homebuyer’s assistance and replace with a new Work Statement, referred to as “2016a Work Statement”, which addressed the following: 1. 2016a Work Statement funding amount shall be $160,509, from the original Agreement; 2. The number of low-income homebuyers assisted shall be five; and 3. The expenditure term for this work statement shall expire on September 30, 2019. D. Added a “2016b Work Statement” for Tenant Based Rental Assistance Funds and addressed the following: 1. 2016b Work Statement shall be $160,577 to provide rental assistance for 30 persons/families, from the original Agreement. 2. The expenditure term for this Work Statement shall expire on September 30, 2019. E. The Agreement amount increased to $652,797. The Parties executed Amendment No. 2 on or about October 18, 2018 to address the following: A. Add “2018 Work Statement A” for the City to provide homebuyer assistance. The County provided the City with $155,490 in 2018 HOME funds. The expenditure term for this Work Statement shall expire on September 30, 2022. B. Add “2018 Work Statement B” for the City to provide tenant based rental assistance. The County provided the City with $309,390 in 2018 HOME funds. The expenditure term for this Work Statement shall expire on September 30, 2022. Page 1 of 11 Contract No. C-22-17-045-3-03 Amendment No. 3 C. Funding amount for the 2018 Work Statements shall not exceed $464,880. D. The Agreement funding amount increased to $1,117,677. II. The Parties agree to enter into this Amendment No. 3 to the Agreement to amend the Agreement as follows: A. Add additional Work Statements hereinafter referred to as “2019 Work Statements A” for the City to provide homebuyer assistance. The County shall provide the City with $144,288.10 for this Work Statement activities. All work performed or cost incurred or expended shall be reimbursable through September 30, 2023. B. Add additional Work Statements hereinafter referred to as “2019 Work Statements B” for the City to provide Tenant Based Rental Assistance. The County shall provide the City with $308,285.87 for this Work Statement activities. The City shall contribute $267,379 in program income for the Work Statement activities. All work performed or cost incurred or expended shall be reimbursable through September 30, 2023. C. The County will provide the City with $452,573.97 for the 2019 Work Statement activities. D. Upon approval of Amendment No. 3, the Agreement funding amount shall be increased to $1,570,250.97. E. Section IV, Compensation, Subsection D, Reimbursement shall be amended to reference total funding of $1,570,250.97. III. The County shall reimburse the City on a Net 0 payment standard. This Agreement is subject to A.R.S. §38-511. The foregoing paragraphs contain all the changes made by this Amendment. All other terms and conditions of the original Agreement remain the same and in full force and effect as approved and amended. [Signatures on the following page] Page 2 of 11 Contract No. C-22-17-045-3-03 Amendment No. 3 IN WITNESS THEREOF, the Parties have signed this Amendment: APPROVED BY: APPROVED BY: CITY OF TEMPE MARICOPA COUNTY ___________________________________ ____________________________________ Chairman, Board of Supervisors Date: __________________________ Date: __________________________ Attested To: Attested To: ____________________________________ ____________________________________ City Clerk Fran McCarroll, Clerk of the Board IN ACCORDANCE WITH A.R.S. §§ 11-952, 11-201, AND 11-251, THIS AGREEMENT HAS BEEN REVIEWED BY THE UNDERSIGNED DEPUTY COUNTY ATTORNEY, AND, IN ACCORDANCE WITH A.R.S. § 11-952, THIS AGREEMENT HAS BEEN REVIEWED BY THE UNDERSIGNED ATTORNEY FOR CITY ON BEHALF OF CITY, AND, AS TO THEIR RESPECTIVE CLIENTS ONLY, EACH ATTORNEY HAS DETERMINED THAT THIS AGREEMENT IS IN PROPER FORM AND WITHIN THE POWER AND AUTHORITY GRANTED UNDER THE LAWS OF THE STATE OF ARIZONA. CITY OF TEMPE MARICOPA COUNTY BY: ______________________________ BY: ______________________________ City Attorney Deputy County Attorney Date: __________________________ Date: __________________________ Page 3 of 11 Contract No. C-22-17-045-3-03 Amendment No. 3 2019 Work Statement A SCOPE OF WORK MARICOPA COUNTY HOME Investment Partnerships Program 2019 Work Statement A Consortium Member: City of Tempe, Arizona Project: Homebuyer Assistance (CAMP) Program Year 2019 HOME Funds: $144,288.10 Type of Property: Single-Family 1. DETAILED SCOPE OF WORK: 1.1 Consolidated Plan goals as it relates to this activity, include the priority rating i.e. High, Low This activity supports the Consolidated Plan goal to expand affordable housing by providing direct financial assistance to income-qualified homebuyers. This is a High Priority. 1.2 Type of assistance/activity to be provided with HOME funds: Homebuyer Assistance 1.3 Methods and instruments used for ensuring affordability: Recapture provision (funds are secured with a Deed of Trust and Promissory Note. Should the home be sold, refinanced with cash to borrower or no longer the homeowner’s primary residence within the 10 year period of affordability, the funds will be recaptured from the net proceeds of the sale and reused for the next income eligible family. 1.4 Anticipated use of program income/project proceeds: Program income/recaptured funds--10% will be used for administration and the remaining funds will be used for additional HOME-eligible projects per 24 CFR 92. 2. OBJECTIVES AND OUTCOMES (Check appropriate box below.): OUTCOMES AVAILABILITY/ AFFORDABILITY SUSTAINABILITY ACCESSIBILITY Homebuyer Activities, Single Family Acquisition/Rehab of rental housing, DECENT Housing Rehab and Acquisition/New Construction of rental Housing Activities in a HOUSING Emergency Rehab, housing, Preservation of existing public targeted revitalization Homebuyer housing units and TBRA, Expansion of area Assistance assisted rental units in the private marketplace Page 4 of 11 Contract No. C-22-17-045-3-03 Amendment No. 3 2019 Work Statement A 3. LOGIC MODEL: PERFORMANCE INDICATORS: INPUTS/ ACTIVITIES OUTPUTS OUTCOMES IMPACT RESOURCES In order to address the Once completed, When Long term In order to issue, the subrecipient these activities will completed, these changes: accomplish will conduct the produce the activities will lead proposed activities, following activities: following: to the following the subrecipient will changes: need the following: HOME funding A non-profit Subrecipient Expand affordable Low to moderate Increase of will provide: eligibility housing opportunities income families Affordable qualification (including Homeownership income and underwriting), housing counseling/homebuyer education, property inspections, purchase contract review, lien documentation preparation, coordination with lenders, title companies, buyers, realtors. The City will complete environmental reviews and review and approve underwriting. 4. PROPOSED BENEFICIARIES: Targeted Population by Number of Total Number Number of Income Level Households of Units HOME Assisted Units in program (if rental) Households at or below 50% Households at or below 60% Households at or below 80% 10 10 TOTAL 5. 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 Elderly 0 Physically Disabled 0 Other Priority 0 Populations: Page 5 of 11 Contract No. C-22-17-045-3-03 Amendment No. 3 2019 Work Statement A 6. PERFORMANCE REPORTING GOALS-TIMELINE OF ACTIVITIES: START COMPLETION MILESTONES DATE DATE Subrecipient Agreement amended 10/1/19 11/30/19 11/30/19- 11/30/19- Applicant eligibility and underwriting 6/30/20 6/30/20 11/30/19- 11/30/19- Environmental Reviews 6/30/20 6/30/20 11/30/19- 11/30/19- Units passes HQS inspection 6/30/20 6/30/20 11/30/19- 11/30/19- Underwriting & private financing secured 6/30/20 6/30/20 11/30/19- 11/30/19- Close of escrow & occupancy by LMI households 6/30/20 6/30/20 Project funding drawdown and Completion Reports 11/30/19- 11/30/19- submitted to County 6/30/20 6/30/20 Project funding drawdown and Completion Reports 11/30/19- 11/30/19- submitted to County 6/30/20 6/30/20 Any change to the Timeline will need to be submitted to and approved by Maricopa County. Page 6 of 11 Contract No. C-22-17-045-3-03 Amendment No. 3 2019 Work Statement A 7. ACTIVITY BUDGET SUMMARY: HOME Funds Additional Sources* ACTIVITIES TOTAL COST PY 2019 (defined in Table 8) ACQUISITION Land $ - Buildings $ - DPA and Closing Costs $ 144,288.10 $ 144,288.10 Private Mortgages-estimated $ 1,200,000.00 $ 1,200,000.00 TOTAL $ 144,288.10 $ 1,200,000.00 $ 1,344,288.10 SITE & DEMOLITION $ - Site Work $ - Demolition $ - TOTAL $ - $ - $ - NEW CONSTRUCTION or REHAB $ - Construction Costs-Materials $ - Builder Overhead $ - Builder Profit $ - General Requirements $ - Consultant/Specialist $ - Permits & Fees $ - Construction Contingency $ - Sales Tax $ - Other-Infrastructure $ - TOTAL $ - $ - $ - ARCHITECTURAL FEES $ - Design $ - $ - $ - Supervision $ - Other $ - TOTAL $ - $ - $ - CONSTRUCTION INTEREST & $ - FEES & LEGAL FEES Construction Interest $ - Bond Premium $ - Title & recording $ - Insurance $ - Legal Fees $ - Other $ - TOTAL $ - $ - ADMINISTRATION COSTS $ - Program Income Administration $ - Administration $ - TOTAL $0.00 $0.00 $ - GRAND TOTAL $144,288.10 $1,200,000.00 $ 1,344,288.10 Page 7 of 11 Contract No. C-22-17-045-3-03 Amendment No. 3 2019 Work Statement A 8. SOURCE AND AMOUNT OF OTHER RESOURCES: VOLUNTEER/ FUNDING AGENCY CASH AMOUNT IN-KIND AMOUNT Private Lenders-estimated $1,200,000 Program Income Program Income Admin. TOTALS $1,200,000 0 9. MATCH: Identify match sources and amounts that have been committed to the project. 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. SOURCE/FUNDING TYPE TOTAL AGENCY Cash or cash equivalents from a non-federal source Value of waived taxes, fees or charges associated with HOME projects Value of donated land or real Tempe Coalition for 36,072 property Affordable Housing 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 $36,072 Page 8 of 11 Contract No. C-22-17-045-3-03 Amendment No. 3 2019 Work Statement B SCOPE OF WORK MARICOPA COUNTY HOME Investment Partnerships Program 2019 Work Statement B Consortium Member: City of Tempe, Arizona Project: Tenant Based Rental Assistance Program Year 2019 HOME Funds: $280,000 from Entitlement (EN) annual allocation; $28,285.87 Administration (AD); $240,640.20 in program income (PI); and $26,738.80 in program income administration (PA) Type of Property: Rental 1. DETAILED SCOPE OF WORK: 1.1 Consolidated Plan goals as it relates to this activity: High 1.2 Type of assistance/activity to be provided with HOME funds: Tenant Based Rental Assistance 1.3 Anticipated use of program income/project proceeds: This activity does not generate program income. 2. OBJECTIVES AND OUTCOMES (Check appropriate box below.): OUTCOMES OBJECTIVE AVAILABILITY/ AFFORDABILITY SUSTAINABILITY ACCESSIBILITY Homebuyer Activities, Single Family Acquisition/Rehab of rental housing, DECENT Housing Rehab and Acquisition/New Construction of rental Housing Activities in a HOUSING Emergency Rehab, housing, Preservation of existing public targeted revitalization Homebuyer housing units and TBRA, Expansion of area Assistance assisted rental units in the private marketplace 3. LOGIC MODEL: PERFORMANCE INDICATORS: INPUTS/ ACTIVITIES OUTPUTS OUTCOMES IMPACT RESOURCES In order to address the Once completed, When Long term In order to accomplish issue, the subrecipient these activities will completed, these changes: proposed activities, will conduct the produce the activities will lead the subrecipient will following activities: following: to the following need the following: changes: HOME funding TBRA Rental Assistance Affordable Affordable Rental Assistance Rental Assistance Page 9 of 11 Contract No. C-22-17-045-3-03 Amendment No. 3 2019 Work Statement B 4. PROPOSED BENEFICIARIES: Targeted Population by Number of Total Number Number of Income Level Households of Units HOME Assisted Units in program (if rental) Households at or below 50% 50 50 Households at or below 60% Households at or below 80% TOTAL 50 50 5. 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 Elderly Physically Disabled Other Priority 50 Populations: Homeless 6. PERFORMANCE REPORTING GOALS-TIMELINE OF ACTIVITIES: START COMPLETION MILESTONES DATE DATE HOME Contract Amendment signed by Board of 10/1/19 11/30/19 Supervisors Environmental Program Clearance 11/30/19- 11/30/19- 11/30/19- 11/30/19- Application Intake-Certification of Income Eligibility 6/30/20 6/30/20 11/30/19- 11/30/19- Application Review 6/30/20 6/30/20 11/30/19- 11/30/19- Initial HQS Property Inspection 6/30/20 6/30/20 11/30/19- 11/30/19- Home Set up Report to County 6/30/20 6/30/20 11/30/19- 11/30/19- Unit Occupied by Low/Moderate Income Person/Family 6/30/20 6/30/20 11/30/19- 11/30/19- Completion Report submitted to County 6/30/20 6/30/20 Any change to the Timeline will need to be submitted to and approved by Maricopa County. 7. ACTIVITY BUDGET SUMMARY: TBRA ACTIVITIES 2019 Additional TOTAL HOME Sources* COST FUNDS (defined in Table 8) RENTAL COSTS Monthly Rent; Utility Costs; Sec. Dep; $280,000 $240,640.20 $520,640.20 Utility Deposit Page 10 of 11 Contract No. C-22-17-045-3-03 Amendment No. 3 2019 Work Statement B TOTAL HOME ADMINISTRATION Administration (City of Tempe) $28,285.87 * $26,738.80 $55,024.67 Administration (AD) funds to be expended by the City of Tempe for overall HOME program administration. 8. SOURCE AND AMOUNT OF OTHER RESOURCES: VOLUNTEER/ FUNDING AGENCY CASH AMOUNT IN-KIND AMOUNT City of Tempe Program Income $240,640.20 City of Tempe Program Income Administration $26,738.80 TOTAL $267,379.00 9. MATCH: Identify match sources and amounts that have been committed to the project. 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. SOURCE/FUNDING TYPE TOTAL AGENCY Cash or cash equivalents from a non-federal source Value of waived taxes, fees or charges associated with HOME projects Value of donated land or real Tempe Coalition for $60,160.00 property Affordable Housing 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 $60,160.00 Page 11 of 11