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Contract No. C-22-21-092-X-01 Amendment No. 1 City of Surprise Page 1 of 16 AMENDMENT NO. 1 TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY ADMINISTERED BY ITS HUMAN SERVICES DEPARTMENT AND CITY OF SURPRISE I. Maricopa County (“County”) administered by its Human Services Department and the City of Surprise (“City”) entered into a financial Intergovernmental Agreement (“Agreement”) on or about March 31, 2021. The purpose of the Agreement is for the City to provide Tenant Based Rental Assistance (TBRA) and security deposits to eligible individuals that reside in the City of Surprise. The County provided the City with $184,855 in 2020 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, 2024. The County and the Town may be referred to individually as the “Party” and collectively referred to as the “Parties.” II. The Parties agree to enter into this Amendment No. 1 to amend the Agreement as follows: A. Extend the termination of the Agreement from September 30, 2024 through September 30, 2025. B. Add an additional Work Statement (“2021 Work Statement”) for the City to provide Tenant Based Rental Assistance (TBRA) and security deposits to eligible individuals that reside in the City of Surprise. Subsidy payments are based on an individual’s income and help low-income individuals and families pay for privately- owned rental housing. The expenditure term for this Work Statement and all work performed or costs incurred or expensed shall be reimbursable through September 30, 2025. C. The County shall provide the City with $185,929 for the Work Statement activities. The funding for Amendment No. 1 is provided by U.S. Department of Housing and Urban Development (HUD) funds, through HOME Investment Partnerships Program (HOME), CFDA No. 14.239. D. The Agreement funding amount shall be increased from $184,855 to $370,784. E. Revise Section 1 (General Provisions) to address the following paragraphs: 1. Paragraph 5.0 (TERMINATION), remove and replace with the following: 5.1 Pursuant to A.R.S. § 38-511, the County may cancel this Agreement without penalty or further obligation within three years after execution of this Agreement, if any person significantly involved in initiating, negotiating, securing, drafting or creating this Agreement on behalf of the County at any time while this Agreement or any extension of this Agreement is in effect, is or becomes an employee or agent of any other party to this Agreement in any capacity or consultant to any other party to this Agreement with respect to the subject matter of this Agreement. Additionally, Contract No. C-22-21-092-X-01 Amendment No. 1 City of Surprise Page 2 of 16 pursuant to A.R.S. § 38-511, the County may recoup any fee or commission paid or due to any person significantly involved in initiating, negotiating, securing, drafting, or creating this Agreement on behalf of the County from any other party to this Agreement arising as the result of this Agreement. A cancellation notice made under this Subparagraph shall be effective when the recipient receives a written notice of cancellation unless the notice specifies a later date. 5.2 Either Party may terminate this Agreement at any time by giving the other Party at least sixty (60) calendar days prior notice in writing (unless terminated by the County under the Availability of Funds provision). The notice shall be given by either personal delivery or registered or certified mail, postage prepaid and return receipt requested, to the persons at the addresses set forth on page 1 of this Agreement. 5.3 The County has the right to terminate this Agreement upon twenty- four (24) hour notice when the County deems the health or welfare of the service recipients are endangered or the City’s noncompliance jeopardizes funding source financial participation. If not terminated by one of the above methods, then this Agreement will terminate upon the expiration of the Term of this Agreement stated on page 1 of this Agreement. 5.4 In accordance with 2 C.F.R. §§ 200, et seq., the County may suspend or terminate this Agreement if the City violates any term or condition of this Agreement or if the City fails to maintain a good- faith effort to carry out the purpose of this Agreement. 5.5 The Parties may terminate this Agreement for convenience in accordance with 2 C.F.R. § 200. The Parties shall agree upon the termination conditions including the effective date of the termination. The Party initiating the termination shall notify the other Parties in writing stating the reasons for such termination. 2. Paragraph 8.0 (GENERAL REQUIREMENTS), remove and replace with the following: 8.1 The terms of this Agreement shall be construed in accordance with Arizona law and the applicable regulations of the United States Department of Housing and Urban Development (HUD). Any lawsuit arising out of this Agreement shall be brought in the appropriate court in Maricopa County, Arizona. 8.2 The City shall, without limitation, obtain and maintain all licenses, permits, and authority necessary to do business, render services, and perform work under this Agreement, and it shall comply with all laws regarding unemployment insurance, disability insurance, and workers’ compensation. 8.3 The City is an independent contractor in the performance of work and the provision of services under this Agreement and is not to be considered an officer, employee or agent of the County. 8.4 The City shall comply with the regulations prohibiting a conflict of interest. The City shall not make any payments, either directly or indirectly, to any person, partnership, corporation, trust, or other organization that has a substantial interest in City's organization or Contract No. C-22-21-092-X-01 Amendment No. 1 City of Surprise Page 3 of 16 with which the City (or any of its directors, officers, owners, trust certificate holders, or a relative thereof) has a substantial interest, unless the City has made full written disclosure of the proposed payments to the County and has received written approval for the payments. 8.5 For purposes of this provision, the terms "substantial interest" and "relative" shall have the meanings prescribed by A.R.S. § 38-502. 3. Paragraph 13.0 (DISPUTES), remove and replace with the following: 13.1 Except as may otherwise be provided for in this Agreement, the Parties may attempt to informally resolve any dispute arising out of this Agreement for a reasonable period of time, which shall not exceed one hundred twenty (120) calendar days. Disputes which are not resolved in that time period, shall be submitted in accordance with the following formal dispute resolution process. 13.1.1 If a dispute cannot be resolved informally, then the City shall notify the Department in writing by mailing notice of the dispute to the Assistant Director within ten (10) business days from expiration of the informal dispute resolution process described in Subparagraph 13.1 above. 13.1.2 The Assistant Director shall respond in writing to the City within fourteen (14) business days. The decision of the Assistant Director shall be final and conclusive unless, within seven (7) business days after the date the City is served with the decision, the City files a written notice of appeal with the Human Services Department Director. 13.1.3 The Human Services Department Director shall provide the City with a written response within fourteen (14) business days following receipt of the notice of appeal. The decision of the Director shall be final and not appealable. 13.1.4 Pending a final decision of the Director, the City shall diligently proceed with its performance of this Agreement in accordance with the Assistant Director’s decision. 4. Paragraph 21.0 (AUDIT DISALLOWANCES), remove and replace with the following: 21.1 The City shall, upon written notice, reimburse the County for any payments made under this Agreement that are disallowed by a federal, state, or County audit in the amount of the disallowance. Court costs and attorney and expert fees incurred will be specifically identified as applicable to the recovery of the disallowed costs in question. 21.2 If the County determines that a cost for which payment has been made is a disallowed cost, then the County will notify the City in writing of the disallowance and the required course of action, which shall be at the option of the County, either to adjust any future claim submitted by the City by the amount of the disallowance or to require immediate repayment of the disallowed amount by the City issuing a check payable to the County. Contract No. C-22-21-092-X-01 Amendment No. 1 City of Surprise Page 4 of 16 5. Paragraph 28.0 (SAFEGUARDING OF PARTICIPANT INFORMATION), remove and replace with the following: 28.1 The City shall observe and abide by all applicable State of Arizona and federal statues, rules, and regulations regarding the use or disclosure of information including, but not limited to, information concerning applicants for and recipients of contracted services. To the extent permitted by law, the City shall release information to the County, Department, Attorney General’s Office, or other designated agency as required by the County by the terms of this Agreement or by law. 28.2 The City shall comply with the requirements of the Arizona Address Confidentiality Program, A.R.S. §§ 41-161, et. seq. The Department will advise the City as to applicable policies and procedures adopted for such compliance. 6. Paragraph 32.0 (AGREEMENT COMPLIANCE MONITORING), remove and replace with the following: 32.1 The County will monitor the City’s compliance with fiscal and programmatic performance under the terms and conditions of this Agreement and applicable regulations promulgated by the HUD and Maricopa County. On-site visits for compliance monitoring may be made by either the County or its grantor agencies (or by both the County and its grantor agencies) at any time during the City's normal business hours, announced or unannounced. For auditing purposes, the County shall provide the City with a 30-calendar day advance notice of any proposed on-site visits. During an on-site visit, the City shall make all its records and accounts related to work performed under this Agreement available to the County for inspection and copying. 32.2 The County shall request information for monitoring/audit per Office of Management and Budget (OMB) Uniform Guidance 2 C.F.R. Part 200, to include: 32.2.1 Financial Management 2 C.F.R. § 200.302 32.2.2 Internal Controls 2 C.F.R. § 200.303 32.2.3 Bonds 2 C.F.R. § 200.304 32.2.4 Payment and Financial Reporting 2 C.F.R. § 200.305 32.2.5 Cost Sharing or Matching 2 C.F.R. § 200.306 32.2.6 Program Income 2 C.F.R. § 200.307 32.2.7 Revision of Budget and Program Plans 2 C.F.R. § 200.308 32.2.8 Period of Performance 2 C.F.R. § 200.309 32.2.9 Insurance Coverage 2 C.F.R. § 200.310 32.2.10 Record Retention and Access 2 C.F.R. §§ 200.334 – 200.338 32.2.11 Procurement Standards 2 C.F.R. § 200.318 32.2.12 Indirect Costs 2 C.F.R. § 200.414 32.2.13 Compensation-Personal Services 2 C.F.R. § 200.430 32.2.14 Audit Requirements 2 C.F.R. § 200.501-200.517 Contract No. C-22-21-092-X-01 Amendment No. 1 City of Surprise Page 5 of 16 7. Paragraph 33.0 (CONTINGENCY RELATING TO OTHER CONTRACTS AND GRANTS), remove and replace with the following: 33.1 The City shall, during the term of this Agreement, within 15 business days from acceptance, inform the Assistant Director in writing of the award of any other agreement or grant, including any other agreement or grant awarded by the County, where the award may affect either the direct or indirect costs being paid or reimbursed under this Agreement. The City’s failure to notify the County of any such agreement shall be a breach of this Agreement and the County may immediately terminate this Agreement without liability. 33.2 The Assistant Director may request, and City shall provide within a reasonable time, which shall not exceed ten (10) business days, a copy of all such other agreements or grants, when, in the opinion of the Assistant Director, the award of the agreement or grant may affect the costs being paid or reimbursed under this Agreement. If the Assistant Director determines that the award to the City of such other agreements or grants has affected the costs being paid or reimbursed under this Agreement, then the Assistant Director shall prepare an amendment to this Agreement effecting a cost adjustment. If the City disputes the proposed cost adjustment, then the dispute shall be resolved pursuant to the "Disputes" paragraph of this Agreement. 8. Paragraph 36.0 (INSURANCE), remove and replace with the following: 36.1 The City shall and shall cause any of its Subcontractors to purchase and maintain the minimum insurance stipulated in this Agreement from a company or companies duly licensed by the State of Arizona and possessing a current A.M. Best, Inc. rating of B++6 or higher. In lieu of State of Arizona licensing, the stipulated insurance may be purchased from a company which is or companies which are authorized to do business in the State of Arizona, provided that such insurance company or companies meet the approval of the County. The form of any insurance policies and forms must be acceptable to the County. 36.2 The City is insured via the Arizona Municipal Risk Retention Pool. All insurance required under this Agreement shall be maintained in full force and effect until all work or service required to be performed under the terms of the Agreement is satisfactorily completed and formally accepted. Failure to do so may, at the sole discretion of the County, constitute a material breach of this Agreement. 36.3 The City’s insurance shall be primary insurance as respects the County, and any insurance or self-insurance maintained by the County shall not contribute to it. 36.4 Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect coverage afforded under the insurance policies to protect the County. 36.5 The insurance policies may provide coverage that contains deductibles or self-insured retentions. Such deductible or self- insured retentions (or both) shall not be applicable with respect to the coverage provided to the County under those policies. The City shall Contract No. C-22-21-092-X-01 Amendment No. 1 City of Surprise Page 6 of 16 be solely responsible for the deductible and self-insured retention and the County, at its option, may require the City to secure payment of such deductibles or self-insured retentions by a surety bond or an irrevocable and unconditional letter of credit. 36.6 The County reserves the right to request and to receive, within 10 business days, certified copies of any or all of the insurance certificates required under this Agreement. The County shall not be obligated to review policies and endorsements or to advise the City of any deficiencies in such policies and endorsements, and such receipt shall not relieve the City from, or be deemed a waiver of the County’s right to insist on strict fulfillment of the City’s obligations under this Agreement. 36.7 The insurance policies required by this Agreement, except Worker’s Compensation, shall name the County, its agents, representatives, officials, officers, directors, employees, volunteers, departments, agencies, boards, and commissions as Additional Insureds. 36.8 The policies required under this Agreement, except Worker’s Compensation, shall contain a waiver of transfer of rights of recovery (subrogation) against the County and its agents, representatives, officials, officers, directors, employees, volunteers, departments, agencies, board, and commissions for any claims arising out of the City’s work or service. 36.9 The City's policies shall stipulate that the insurance afforded the City shall be primary insurance and that any insurance carried by the County and its agents, representatives, officials, officers, directors, employees, volunteers, departments, agencies, boards, and commissions shall be excess and not contributory insurance, as provided by A.R.S. § 41-621. 36.10 Coverage provided by the City shall not be limited to the liability assumed under the indemnification provisions of this Agreement. 36.11 Commercial General Liability: 36.11.1. Commercial General Liability insurance and, if necessary, Commercial Umbrella insurance with a limit of not less than $2,000,000 for each occurrence, $2,000,000 Products/Completed Operations Aggregate, and $4,000,000 General Aggregate Limit. The policy shall include coverage for premises liability, bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage, and shall not contain any provisions which would serve to limit third party action over claims. There shall be no endorsement or modifications of the CGL limiting the scope of coverage for liability arising from explosion, collapse, or underground property damage. 36.12 Worker’s Compensation: 36.12.1 Worker’s Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of the City’s employees engaged in the performance of the work or services under this Agreement; and Employer’s Liability insurance of not Contract No. C-22-21-092-X-01 Amendment No. 1 City of Surprise Page 7 of 16 less than $1,000,000 for each accident, $1,000,000 disease for each employee, and $1,000,000 disease policy limit. 36.12.2 City waives all rights against County and its agents, representatives, officials, officers, directors, employees, volunteers, departments, agencies, boards, and commissions for recovery of damages to the extent these damages are covered by the Worker’s Compensation and Employer’s Liability or commercial umbrella liability insurance obtained by the City pursuant to this Agreement. 36.13 Sexual Molestation and Physical Abuse: 36.13.1 When services involve working with children, elderly, or disabled individuals, the insurance requirements in the (sub)contract must include coverage for "sexual molestation and physical abuse." Coverage for this type of claim, or allegation, is excluded from standard general liability policies. Therefore, Citys whose services include working with or caring (or both) for children/elderly and disabled persons should have their policies specifically endorsed to include this coverage. 36.13.2 The policy shall be endorsed to include coverage for sexual molestation and physical abuse at limits not less than $2,000,000.00 per occurrence and $4,000,000.00 aggregate. These limits may be included within a General Liability policy, Professional Liability policy or provided by separate endorsement with its own limits as required. City and its Subcontractors must provide the following statement on their Certificate(s) of Insurance: “Sexual molestation and physical abuse coverage is included.” Policies/certificates stating that “Sexual molestation and physical abuse coverage is not excluded” do not meet this requirement. 36.14 Certificates of Insurance: Upon execution of this Agreement, the City shall, and shall cause any of its Subcontractors, to furnish the County with valid and complete certificates of insurance, or formal endorsements as required by the Agreement, issued by the City’s insurer(s), as evidence that policies providing the required coverage, conditions and limits required by this Agreement are in full force and effect. Such certificates shall identify this Agreement by number and title. 36.15 Prior to commencing either work or services under this Agreement, the City shall have insurance in effect as required by the Agreement in the form provided by the County, issued by the City’s insurer(s), as evidence that policies providing the required coverage, conditions and limits required by this Agreement are in full force and effect. Such certificates shall be made available to the County with ten (10) business days after a request by the County. BY SIGNING THIS AGREEMENT, THE CITY AGREES TO THIS REQUIREMENT AND Contract No. C-22-21-092-X-01 Amendment No. 1 City of Surprise Page 8 of 16 THAT FAILURE TO MEET THIS REQUIREMENT WILL RESULT IN CANCELLATION OF THIS AGREEMENT. 36.16 In the event any insurance policy(ies) required by this Agreement is (are) written on a “claims made” basis, coverage shall extend for two years past completion and acceptance of the City’s work or services and as evidenced by annual Certificates of Insurance. 36.17 If a policy does expire during the life of this Agreement, then a renewed Certificate of Insurance must be sent to the County forty- five (45) business days prior to the expiration date. 36.18 Cancellation and Expiration Notice: Insurance required under this Agreement shall not be permitted to expire, be canceled, or materially changed without thirty (30) business days prior written notice to the County. 36.19 If the City provides professional or semi-professional personal services under this Agreement for which malpractice or professional liability coverage is available, such as medical, psychiatric, or legal services, then the City shall carry minimum liability coverage of $2,000,000 each occurrence and provide the County with proof of coverage. 36.20 Subcontractor: The City’s certificate(s) shall include all Subcontractors as insureds under its policies or the City shall furnish to the County separate certificates for each Subcontractor. All coverages for Subcontractors shall be subject to the minimum requirements identified above. 36.21 Approval: Any modification or variation from the insurance requirements in any agreement must have prior approval from the County whose decision shall be final. Such action will not require a formal Amendment. Exceptions: In the event the City is a public entity, the Insurance Requirements shall not apply to such public entity. Such public entity shall provide a Certificate of Self-Insurance or a Certificate of Proof of Pool Insurance. Nongovernmental Subcontractors of the City shall comply with all insurance terms. 9. Paragraph 39.0 (NONDISCRIMINATION, EQUAL OPPORTUNITY, AND EQUAL ACCESS), remove and replace with the following: 39.1 The City, in connection with any services or other activities under this Agreement, shall not in any way discriminate against any person on the grounds of race, color, religion, sex, national origin, age, disability, political affiliation or belief. The City shall include this clause in all of its Subcontracts. 39.2 The City shall comply with requirements of the Housing and Urban Development Equal Access Rule at 24 C.F.R. Part 5, Final Rule 5863, to ensure equal access to housing and services regardless of gender identity 10. Paragraph 47.0 (PROPERTY), remove and replace with the following: 47.1 Any County property furnished or purchased pursuant to the terms of this Agreement shall be utilized, maintained, repaired, and accounted for in accordance with instructions furnished by the County, and title to all such property shall revert to the County upon Contract No. C-22-21-092-X-01 Amendment No. 1 City of Surprise Page 9 of 16 the expiration or termination of this Agreement. The costs to repair such property are the responsibility of the City within the limits budgeted in this Agreement. 47.2 Any City property furnished or purchased pursuant to the terms of the Agreement shall be utilized, maintained, repaired, and accounted for by the City. Repair costs of such property shall be the responsibility of the City. 11. Paragraph 50.0 (EMPLOYMENT DISCLAIMER), remove and replace with the following: 50.1 This Agreement is not intended to constitute, create, give rise to, or otherwise recognize a joint venture agreement, partnership, or other business association or organization of any kind between the Parties, and the rights and obligations of the Parties shall be only those expressly set forth in this Agreement. 50.2 The City agrees that no individual performing under this Agreement on behalf of the City may be considered a County agent, employee, or representative and that no rights of County civil service, County retirement, or County personnel rules shall accrue to or apply to any such individual. The City shall have total responsibility for all salaries, wages, bonuses, retirement, withholdings, workers’ compensation, occupational disease compensation, unemployment compensation, other employee benefits, and all taxes and premiums appurtenant thereto concerning such individuals and the City shall indemnify, defend, and hold harmless the County with respect thereto. 50.3 The County agrees that no individual performing under this Agreement on behalf of County may be considered a City agent, employee, or representative and that no rights of the City civil service, the City retirement, or the City personnel rules shall accrue to or apply to any such individual. The County shall have total responsibility for all salaries, wages, bonuses, retirement, withholdings, workers’ compensation, occupational disease compensation, unemployment compensation, other employee benefits, and all taxes and premiums appurtenant thereto concerning such individuals and the County shall indemnify, defend and hold harmless the City with respect thereto. 12. Paragraph 51.0 (CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION), remove and replace with the following: 51.1 The undersigned, by signing this Agreement, represents that he/she has the authority to bind the City to the terms of this Certification. The City, as the primary participant in accordance with 2 C.F.R. Part 180, certifies to the best of its knowledge and belief that it and its principals: 51.1.1 Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; 51.1.2 Have not within a 3-year period preceding the Start Date of this Agreement, been convicted of or had a civil judgment rendered against them for (1) the commission of fraud or a Contract No. C-22-21-092-X-01 Amendment No. 1 City of Surprise Page 10 of 16 criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, State, or local) transaction or contract under a public transaction; (2) the violation of any federal or State antitrust statutes or (3) the commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 51.1.3 Are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with the commission of any of the offenses enumerated in Sub- subparagraph 50.1.2 above; and 51.1.4 Have not, within a three-year period preceding this Start Date of this Agreement, had one or more public transactions (federal, state, or local) terminated for cause or default. 51.2 The City agrees to include, without modification, this clause in all lower tier covered transactions (i.e., transactions with Subcontractors) and in all solicitations for lower tier covered transactions related to this Agreement. 13. Paragraph 52.0 (CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENTS TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS), delete Subparagraph 52.3 and replace with the following: 52.3 The City shall insert the substance of this clause, including this Subparagraph, in all Subcontracts over the simplified acquisition threshold ($250,000 as of June 2021). 14. Add paragraph 55.0 (FORCE MAJEURE): 55.0 FORCE MAJEURE 55.1 Neither Party shall be liable for failure of performance, nor incur any liability to the other Party on account of any loss or damage resulting from any delay or failure to perform all or any part of this Agreement if such delay or failure is caused by events, occurrences, or causes beyond the reasonable control and without negligence of the Parties. Such events, occurrences, or causes will include Acts of God/Nature (including fire, flood, earthquake, storm, hurricane, or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, riots, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, lockout, blockage, embargo, labor dispute, strike, pandemic, and interruption or failure of electricity or telecommunication service. 55.2 Each Party, as applicable, shall give the other Party notice of its inability to perform and particulars in reasonable detail of the cause of the inability. Each party must use best efforts to remedy the situation and remove, as soon as practicable, the cause of its inability to perform or comply. 55.3 The Party asserting Force Majeure as a cause for non- performance shall have the burden of proving that Contract No. C-22-21-092-X-01 Amendment No. 1 City of Surprise Page 11 of 16 reasonable steps were taken to minimize delay or damages caused by foreseeable events, all non-excused obligations were substantially fulfilled, and the other Party was timely notified of the likelihood or actual occurrence that would justify such an assertion, so that other prudent precautions could be contemplated. F. Revise Section 2 (Special Provisions) to address the following Paragraphs: 1. Paragraph 4.0 (AUDIT REQUIREMENTS), remove and replace with the following: 4.0 AUDIT REQUIREMENTS The City is in receipt of federal funds through the County and is subject to the federal audit requirements of the Single Audit Act of 1984, as amended (Pub. L. No. 98-502) (codified at 31 U.S.C. § 7501, et seq.). The City shall comply with 2 C.F.R. 200, Subpart F. Upon completion, such audits shall be made available for public inspection. Audits shall be submitted to the County within the twelve (12) months following the close of the fiscal year. The City shall take corrective actions within six (6) months of the date of receipt of audit findings. The County shall consider sanctions as described in 2 C.F.R. § 200.505 if it is determined by HUD or the County that the City is not in -compliance with the audit requirements. 2. Paragraph 6.0 (PROGRAM INCOME), remove and replace with the following: 6.0 PROGRAM INCOME All Program Income generated from this Agreement shall be used to fund either the acquisition or rehabilitation (or both) of additional HOME eligible properties to be sold to qualified low-income families as defined in 24 C.F.R. § 92. The HOME requirements shall continue to apply if the City receives and uses Program Income, even if the Program Income funds are earned and expended after the expiration of this Agreement. 3. Paragraph 20.0 (GENERAL CONDITIONS), remove and replace with the following: 20.1 Administrative Change Orders and Addenda – The Chairman of the Board of Supervisors is authorized upon the recommendation of the Human Services Department Director and Legal Counsel to a.) make changes within the general scope of the Agreement on behalf of the County through Administrative Change Orders, and b.) identify the single-family properties that are subject to Section 3 (Work Statement) of this Agreement through Addenda. Both Administrative Change Orders and Addenda shall be approved and fully executed by the Chairman of the Board of Supervisors and the authorized representative for the City. 20.1.1 Administrative Change Orders may address any of the following areas: Contract No. C-22-21-092-X-01 Amendment No. 1 City of Surprise Page 12 of 16 20.1.1.1 Modifications to the Project timeline if the last day of the Project timeline is within the Agreement term; 20.1.1.2 Modifications to Budget line items if the Agreement Amount remains unchanged; 20.1.1.3 Modifications required by federal, state, or County regulations, ordinances, or policies; 20.1.1.4 Modifications to administrative requirements such as changes in reporting periods, frequency of reports, or report formats required by HUD or local regulations, policies, or requirements; and 20.1.1.5 Modifications to Administrative requirements such as changes in reporting periods, frequency of reports, or report formats required by HUD or by local regulations, policies, or requirements. 20.1.2 Addenda: 20.1.2.1 The City shall submit to the County, an Addendum when each property has been identified and will be acquired under this Agreement. A sample Addendum is attached as Attachment 4; and 20.1.2.2 All Addenda shall be integrated into the Agreement. 20.1.3 It is the responsibility of the City to ensure the latest documents are consulted and followed. G. Revise Section 4 (Compensation) by deleting Paragraph 3.0 (Timeliness) and replacing it with the following: 3.0 TIMELINESS 3.1 The City shall submit monthly requests for reimbursement by the 15th calendar day of the month following the month close out. 3.2 The City shall submit the final reimbursement for each Work Statement not later than 15 calendar days after the reimbursable period ends. 3.3 The City shall submit to the County a Request for Reimbursement of all expenditures within the same fiscal year in which the expenditures are incurred. The fiscal year runs July 1st through June 30th and all Requests for Reimbursement shall be submitted no later than July 30th for the preceding fiscal year. 3.4 All requests for reimbursements shall be submitted to: HSDFINANCE@MARICOPA.GOV. III. Section II above contains all the changes made by this Amendment No. 1. All other terms and conditions of the Agreement shall remain the same and in full force and effect as approved. IV. The Parties have authorized the undersigned to execute this Amendment No. 1 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-22-21-092-X-01 Amendment No. 1 City of Surprise Page 13 of 16 IN WITNESS, the Parties have approved and signed this Amendment: NO. 1: FOR CITY OF SURPRISE: FOR MARICOPA COUNTY: __________________________________ Skip Hall Date Mayor ____________________________________ Bill Gates Date Chairman, Board of Supervisors Attestation: ___________________________________ Sherry Aguilar Date City Clerk Attestation: ____________________________________ Juanita Garza Date Clerk of the Board IN ACCORDANCE WITH A.R.S. §§ 9-240 and 11-952, THIS AMENDMENT NO. 1 HAS BEEN REVIEWED BY THE UNDERSIGNED ATTORNEY WHO HAS DETERMINED THIS AMENDMENT NO. 1 IS PROPER IN FORM AND WITHIN THE POWERS AND AUTHORITY GRANTED TO THE CITY OF SURPRISE 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. 1 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 City Date Deputy County Attorney Date Contract No. C-22-21-092-X-01 2021 Work Statement City of Surprise Page 14 of 16 MARICOPA COUNTY Work Statement-TBRA HOME Investment Partnerships Program Program Year 2021 Consortium Member: City of Surprise, Arizona Project: Tenant Based Rental Assistance (TBRA) FY 2021-2022 HOME Funds: $185,929 Type of Property: Rental 1. DETAILED SCOPE OF WORK: 1.1. Tenant Based Rental Assistance within the City is certified a “High” priority in the Consolidated Plan. The City will contract with a Subrecipient to administer the Project. 1.2. Type of assistance/activity to be provided with HOME funds: Tenant Based Rental Assistance. 1.3. Methods and instruments used for ensuring affordability: The maximum amount of monthly assistance paid to, or on behalf of, a family may not exceed the difference between a rent standard for the bedroom size and 30% of the family’s monthly adjusted income. The subrecipient will annually determine that the family income continues to be low-income. 2. OBJECTIVES AND OUTCOMES: 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, Preservation of existing public housing units and TBRA, Expansion of assisted rental units in the private marketplace Housing Activities in a targeted revitalization area Contract No. C-22-21-092-X-01 2021 Work Statement City of Surprise Page 15 of 16 3. 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 rental subsidies to low- income households who are homeless or at risk of becoming homeless. Low-income households will be provided 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. 4. PROPOSED HOME-ASSISTED BENEFICIARIES: Targeted Population by Income Level Number of Households Total Number of Units Households at or below 50% Households at or below 60% 10 10 Households at or below 80% TOTAL 10 10 5. PRIORITY POPULATIONS: Complete the table below only if the Activity will specifically set-aside units for a priority population. Priority Populations No. of Units Elderly Physically Disabled Other Priority Populations: Veterans Contract No. C-22-21-092-X-01 2021 Work Statement City of Surprise Page 16 of 16 6. PERFORMANCE REPORTING GOALS-TIMELINE OF ACTIVITIES: MILESTONES START DATE COMPLETION DATE Executed Agreement TBRA CENST Environmental Review Completed Completed Service Provider Agreement 2/1/2022 6/30/2023 Application intake – income certification 2/1/2022 Ongoing HQS Inspections Ongoing Ongoing Unit occupied by LMI households Ongoing Ongoing Unit Activity Set-up in IDIS Ongoing Ongoing Activity Closeout 6/30/2023 6/30/2023 Any change to the Timeline will need to be submitted to and approved by Maricopa County. 7. ACTIVITY BUDGET SUMMARY: RENTAL COSTS 2021 HOME FUNDS Additional Sources* (defined in Table 8) TOTAL COST Monthly Rent; Utility Costs; Security and Utility Deposits; Program Delivery expenses $174,308.00 $63,907.80 $238,215.80 Administration $11,621.00 0 $11,621.00 TOTAL $185,929.00 $63,907.80 $249,836.80 8. SOURCE AND AMOUNT OF OTHER RESOURCES: FUNDING AGENCY CASH AMOUNT HOME Repayment Funds 34,198.80 Subrecipient Contributions 29,709.00 TOTAL $63,907.80 9. MATCH*: Match commitment must equal 25% of the HOME funds requested. Documentation is due at the time of request for payment(s). TYPE SOURCE/FUNDING AGENCY TOTAL Cash or cash equivalents from a non-federal source TBRA Subrecipient $29,709 Value of waived taxes, fees or charges associated with HOME projects Value of donated land or real property Infrastructure improvements associated with HOME projects Value of donated materials, equipment, labor, and professional services or sweat equity TOTAL $29,709 * Per CARES Act waiver the City will not be obligated to provide match for HOME funds expended in IDIS prior to October 1, 2022.