AMENDMENT 2 TO IGA CITY OF SCOTTSDALE RE HOME INVESTMENT PARTNERSHIP ACTIVITES.PDF

Maricopa County — Formal (2024-10-23)

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Contract No. C-22-22-080-X-02

Amendment No. 2
Resolution No. 13231
Contract No.2022-026-COS-A2

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AMENDMENT NO. 2 TO THE
INTERGOVERNMENTAL AGREEMENT
BETWEEN
MARICOPA COUNTY
ADMINISTERED BY ITS
HUMAN SERVICES DEPARTMENT
AND
CITY OF SCOTTSDALE

I.
Maricopa County (“County”) administered by its Human Services Department and the City
of Scottsdale (“City”) entered into a financial Intergovernmental Agreement (“Agreement”)
on or about March 30, 2022, Contract No. 2022-026-COS. The purpose of the Agreement
is for the City to purchase and rehabilitate one (1) single-family home for Program Year
2020 and one (1) single-family home for Program Year 2021 affordable rental
opportunities. The County provided the City with $342,917 in Program Year 2020 funds
and $344,125 in Program Year 2021 HOME Investment Partnerships Program (HOME)
funds from the U.S. Department of Housing and Urban Development (HUD) under
Assistance Listing Number (ALN) 14.23. The Agreement term is March 30, 2022, through
September 30, 2024. All work performed, costs incurred or expended, shall be
reimbursable through September 30, 2024.The Agreement funding total shall be $687,042
in HOME funds under ALN 14.239.

The Parties fully executed Amendment No. 1 on or about September 27, 2023. The
Amendment No. 1 extended the term of the Agreement from September 30, 2024, through
September 30, 2025, changed the County and City Points of Contact, and added required
language to Section 1(General Provisions) specific to UYGHUR FORCED LABOR
PREVENTION ACT (UFLPA). The Amendment also added two additional Work
Statements to the Agreement:
•
$366,675 in PY2022 HOME Investment Partnership (HOME) funds for the City to
provide Tenant Based Rental Assistance (TBRA), and
•
$1,442,098 in 2021 HOME Investment Partnerships Program – American Rescue
Plan Act (HOME-ARP) funds to acquire and develop non-congregate shelter and
affordable rental units.
The County provided the Developer funds from Department of Housing and Urban
Development (HUD) under ALN 14.239. For both Work Statements, all work performed,
or costs incurred or expended shall be reimbursable through September 30, 2025.
Funding for the Agreement was increased from $687,042 to $1,053,717 in HOME funds.
2021 HOME-ARP funds are $1,442,098 for a new Agreement funding total of $2,495,815.

II.
The Parties agree to enter into this Amendment No. 2 to amend the Agreement as follows:

A.
The term of the Agreement shall be extended from September 30, 2025, through
September 30, 2026.

B.
Change Lead Agency for Maricopa County:
Representative: Jamie Macfarlane, Assistant Director, Housing and Community
Development, Human Services Department
Phone: 602-506-5813
E-Mail: jamie.macfarlane@maricopa.gov
Address: 234 North Central, 3rd Floor Phoenix AZ 85004

Contract No. C-22-22-080-X-02

Amendment No. 2
Resolution No. 13231
Contract No.2022-026-COS-A2

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C.
Extend the expenditure period timeframes for the following Agreement Work
Statements:

1.
The expenditure period for the PY2020 Work Statement shall be extended
through September 30, 2025. This will provide the City with additional time
to complete the Work Statement activities.

2.
The expenditure period for the PY2021 Work Statement shall be extended
through September 30, 2026. This will provide the City with additional time
to complete the Work Statement activities.

3.
The expenditure period for the PY2022 Work Statement shall be extended
through September 30, 2026. This will provide the City with additional time
to complete the Work Statement activities.

D.
Revise Section 1 (GENERAL PROVISIONS) to add the following paragraphs to
the Agreement:

55.0
UNIQUE ENTITY IDENTIFIER (UEI) AND SYSTEM FOR AWARD
MANAGEMENT
The Developer shall have a valid Unique Entity Identifier (UEI) number and
an active profile in the federal System for Award Management, or SAM.gov.
Documentation of the UEI Number must be included in all project files. The
Developer must remain current with their registration throughout the term
of the Agreement. Developer and subcontractors will not receive a
subaward until that entity has provided its UEI number. 2 C.F.R. § 25.300;
Appendix A to 2 C.F.R. § 25.

56.0
PROVISIONS 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.

E.
Revise Section 2 (SPECIAL PROVISIONS) paragraph 21.0 (GENERAL
CONDITIONS), to remove subparagraph 21.1 in its entirety and replace with the
following:
21.1 The Chairman of the Board of Supervisors is authorized, upon the
recommendation of the Human Services Department Director and Legal
Counsel, to review and execute administrative changes to the Agreement on
behalf of the County through Administrative Change Orders, which shall be
effective upon execution by both the Parties. Administrative Change Orders
shall address any of the following changes, 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 reviewed and executed by the Chairman of the Board of Supervisors
and the authorized representative for the City.

Contract No. C-22-22-080-X-02

Amendment No. 2
Resolution No. 13231
Contract No.2022-026-COS-A2

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21.1.1 Administrative Change Orders may address any of the following
areas:
21.1.1.1 Modifications to the Project timeline if the last day of the
Project timeline is within the Agreement term;
21.1.1.2 Modifications to Budget line items if the Agreement
Amount remains unchanged;
21.1.1.3 Modifications required by federal, state, or County
regulations, ordinances, or policies;
21.1.1.4 Modifications to administrative requirements such as
changes in reporting periods, frequency of reports, or
report formats required by federal, state, and local
regulations, policies, or requirements; and
21.1.2 Addenda:
21.1.2.1 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
21.1.2.2 All Addenda shall be integrated into the Agreement.
21.1.3 It is the responsibility of the City to ensure the latest documents are
consulted and followed.

F.
Revise Section 3 (Work Statement) of the Agreement to address the following:

Add an additional Work Statement hereinafter referred to as “PY2023 Work
Statement” attached and incorporated into the Agreement. Through this Work
Statement the City will administer the Tenant Based Rental Assistance (TBRA)
Program to help prevent homelessness by providing decent and affordable rental
housing to fifteen (15) households. The County shall provide the City with PY23
HOME Investment Partnership Program (HOME) funding in an amount not to
exceed $355,614 ($333,388 from Entitlement (EN) and $22,226 from
Administrative (AD)) for the Work Statement activities. Funding for this Agreement
is provided by the U.S. Department of Housing and Urban Development (HUD),
under ALN 14.239. All work performed, or costs incurred or expended shall be
reimbursable through September 30, 2026. If the City has completed the required
Environmental Review, expenditures available for reimbursement may be
retroactive to July 1, 2024.

G.
Revise Section 4 (Compensation), Paragraph 3.0 (Timelines) of the Agreement
and replace subparagraph 3.2 with the following:
3.2
All
requests
for
reimbursements
shall
be
submitted
to:
HSDFINANCE@MARICOPA.GOV.

H.
Through this Amendment No. 2 the Agreement funding amount shall be increased
by $355,614 from $1,053,717 to $1,409,331 in HOME funds. HOME-ARP funds
remains unchanged at $1,442,098, for a new Agreement total of $2,851,429 under
ALN 14.239.

III.
Section II above contains all the changes made by this Amendment No. 2. All other terms
and conditions of the Agreement and previously approved Amendments shall remain the

Contract No. C-22-22-080-X-02

Amendment No. 2
Resolution No. 13231
Contract No.2022-026-COS-A2

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same and in full force and effect as executed by the Parties. This Amendment No. 2 is
subject to and incorporates the provisions of A.R.S. § 38-511.

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 SCOTTSDALE:

FOR MARICOPA COUNTY:

__________________________________
David D. Ortega Date
Mayor

____________________________________
Jack Sellers Date
Chairman, Board of Supervisors

Attestation:

___________________________________
Ben Lane 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. 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 SCOTTSDALE UNDER THE
LAWS OF THE STATE OF ARIZONA.

APPROVED AS TO FORM:

___________________________________
Sherry R. Scott, City Attorney Date
By: Karen Tyler, Senior Assistant City
Attorney

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-22-22-080-X-02

Amendment No. 2
Resolution No. 13231
Contract No.2022-026-COS-A2

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MARICOPA COUNTY
Work Statement - TBRA
HOME Investment Partnerships Program
Program Year 2023

Consortium Member:
City of Scottsdale, Arizona
Funding:

PY 2023 $355,614 ($333,388 from Entitlement (EN) and $22,226

from Admin (AD))
Activity Type:

Tenant Based Rental Assistance (TBRA) and HOME

Administration
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
$333,388
$22,226
$0
$355,614

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
2.2.2 Administration

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 Scottsdale Housing Agency will administer the Tenant Based Rental
Assistance Program. Through this effort, homelessness will be prevented by providing
decent, affordable rental housing for families in need. This will result in self-sufficiency and
housing stabilization, as well as an understanding of the underlying issues that contributed
to loss of housing.

Contract No. C-22-22-080-X-02

Amendment No. 2
Resolution No. 13231
Contract No.2022-026-COS-A2

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5.0
PROPOSED BENEFICIARIES:
Targeted Population by
Income Level
Number of
Households
PY 2023
Total
Number of
Units
Number of
HOME
Assisted Units
in program (if
rental)
Households at or below 50%
15

Households at or below 60%

Households at or below 80%

TOTAL
15

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
15

Physically Disabled

Other Priority
Populations: Veterans

Homeless

7.0
PERFORMANCE REPORTING GOALS-TIMELINE OF ACTIVITIES:
TBRA MILESTONES
START
DATE
COMPLETION

DATE
HOME Contract Amendment signed by City
Council

September 2024
Signed MOA with City of Scottsdale Housing
Agency

October 31, 2023
Environmental Program Clearance

July 14, 2020
Application Intake-Certification of Income
Eligibility
Ongoing
program
September 30, 2026
Application Review
Ongoing
program
September 30, 2026
Initial HQS Property Inspection
Prior to leasing
and annually
throughout Loan
Term
September 30, 2026
Home Set up Report to County

September 2024
September 30, 2026
Unit Occupied by Low/Moderate Income
Person/Family
Throughout
Contract Term
September 30, 2026
Completion Report submitted to City

September 30, 2026
Any change to the Timeline will need to be submitted to and approved by Maricopa County.

Contract No. C-22-22-080-X-02

Amendment No. 2
Resolution No. 13231
Contract No.2022-026-COS-A2

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8.0
ACTIVITY BUDGET SUMMARY:
TBRA ACTIVITIES
2023
HOME
FUNDS

Additional
Sources
(Defined in
Tables 9 & 10
below)
TOTAL
COST
Monthly Rent; Utility Costs; Security
Deposit; Utility Deposits
$333,388
$0
$333,388
HOME Administration
$22,226
$0
$22,226
TOTAL
$355,614
$0
$355,614
Administration (AD) funds to be expended by the City of Scottsdale for overall HOME program
administration.

9.0
SOURCE AND AMOUNT OF OTHER RESOURCES:
FUNDING AGENCY
CASH AMOUNT
VOLUNTEER/
IN-KIND AMOUNT
None
$0
$0
TOTAL
$0
$0

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
$83,347
TOTALS

$83,347