IGA AMENDMENT 5 WITH CITY OF SURPRISE RE HOME INVESTMENT PARTNERSHIP ACTIVITES.PDF
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C-22-21-092-X-05 Amendment No. 5 City of Surprise Page 1 of 6 AMENDMENT NO. 5 TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY ADMINISTERED BY ITS HUMAN SERVICES DEPARTMENT AND THE 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 PY2020 HOME Investment Partnerships Program (HOME) funds through 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, 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 March 17, 2022. 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 Amendment added a 2021 Work Statement for the City to provide TBRA and security deposits to eligible individuals that reside in the city of Surprise. The County provided the City with an increase in funding in the amount of $185,929 PY21 HOME funds for the work statement activities. The Agreement funding amount increased from $184,855 to $370,784. The Parties fully executed Amendment No. 2 on or about January 25, 2023. The Amendment added a 2022 Work Statement to the Agreement for the City to provide TBRA to its residents. The County provided the City with an increase in funding in the amount of $200,703 in PY22 HOME funds for the work statement activities. The expenditure time frame for this Work Statement is through September 30, 2025. The Agreement funding amount increased from $370,784 to $571,487 in HOME funds. The Parties fully executed Amendment No. 3 on or about September 13, 2023. The Amendment added two 2023 Work Statements to the Agreement for the City to provide TBRA subsidies to its residents. The County provided the City with an increase in funding through the U.S. Department of Housing and Urban Development (HUD) HOME Investment Partnerships Program (HOME) under ALN 14.239, in the amount of $252,694 in PY2023 HOME funds and $147,729 in PY2019 HOME funds. The expenditure time frame for the 2023 Work Statements is through June 30, 2024. The Agreement funding amount increased from $571,487 to $971,910 in HOME funds. C-22-21-092-X-05 Amendment No. 5 City of Surprise Page 2 of 6 The Parties fully executed Amendment No. 4 on or about June 21, 2024. The Amendment changed the point of contact for the Maricopa County Human Services Department. The expenditure timeframe for all work performed, or costs incurred or expended for the 2023 Work Statement was extended through September 30, 2025. II. The Parties now agree to modify the Agreement through this Amendment No. 5 to address the following. A. Extend the term of the Agreement from September 30, 2025, through September 30, 2026. B. Increase Agreement funding by $195,685 by providing PY24 HOME funds. The Agreement funding amount shall now be increased from $971,910 to $1,167,595 in HOME funds. C. Revise Section 1 (General Provisions) to add the following paragraph to the Agreement: 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. D. Revise Section 3 (Statement of Work) to add a new Work Statement for HOME funded activities: 1. The 2024 TBRA Work Statement is attached and incorporated into the Agreement. The City shall provide TBRA to eligible individuals and families that reside in Surprise. Surprise TBRA vouchers may be used in other West Valley cities to include but not limited to El Mirage, Youngtown, Goodyear, and Sun City. Rental subsidies will be provided by Surprise to eligible households who are homeless, or at risk of becoming homeless. The County shall provide the City with HUD PY2024 HOME funds under ALN 14.239 in a not-to-exceed amount of $195,685 for this activity. Expenditures timeframe is July 1, 2024, through September 30, 2026. III. Under A.R.S. §38-511, the Parties may cancel this Agreement without penalty of 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 is, at any time while this Agreement or any extension is in effect, an employee or agent of any other party to the Agreement in any capacity or consultant to any other party of this Agreement with respect to the subject matter of this Agreement. IV. The Agreement is amended to incorporate the changes contained in this Amendment No. 5. All other terms and conditions of the Agreement remain in full force and effect as approved, amended and executed by the Parties. C-22-21-092-X-05 Amendment No. 5 City of Surprise Page 3 of 6 V. The Parties have authorized the undersigned to execute this Amendment No. 5 on their behalf. IN WITNESS, the Parties have approved and signed this Amendment No. 5: FOR THE CITY OF SURPRISE: FOR MARICOPA COUNTY: __________________________________ Skip Hall Date Mayor ____________________________________ Jack Sellers Date Chairman, Board of Supervisors Attestation: ___________________________________ Kristi Passarelli 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. 5 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 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. 5 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 C-22-21-092-X-05 Amendment No. 5 City of Surprise Page 4 of 6 MARICOPA COUNTY 2024 TBRA Work Statement HOME Investment Partnerships Program Program Year 2024 Consortium Member: City of Surprise, Arizona Funding: $195,685 ($183,455 EN and $12,230 AD) Project: Tenant Based Rental Assistance (TBRA) Type of Property: Rental 1. FUNDING: PROGRAM YEAR ENTITLEMENT (EN) ADMINISTRATION (AD) PROGRAM INCOME (PI) (non- reimbursable, IDIS draw only) TOTAL BUDGET PY 2024 $183,455 $12,230 $22,630 $218,315 2. DETAILED SCOPE OF WORK: 2.1 Tenant Based Rental Assistance within the City is certified a “High” priority in the Consolidated Plan. The City will contract with a Subcontractor to administer the Project. 2.2 Type of assistance/activity to be provided with HOME funds: Tenant Based Rental Assistance. 2.3 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. 2.4 Surprise TBRA vouchers may be used in other West Valley cities to include but not limited to El Mirage, Youngtown, Goodyear, and Sun City. 2.5 Expenditures can cover eligible pre-award expenses after July 1, 2024 and the expenditure timeframe is through September 30, 2026. 3. 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 C-22-21-092-X-05 Amendment No. 5 City of Surprise Page 5 of 6 4. 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. 5. PROPOSED HOME-ASSISTED BENEFICIARIES: Targeted Population by Income Level Number of Households Total Number of Units Households at or below 50% 7 7 Households at or below 60% Households at or below 80% TOTAL 6. 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 0 Physically Disabled 0 Other Priority Populations: Veterans 0 7. PERFORMANCE REPORTING GOALS-TIMELINE OF ACTIVITIES: MILESTONES START DATE COMPLETION DATE Executed Agreement 11/1/24 11/1/24 TBRA CENST Environmental Review Completed Completed Service Provider Agreement 11/1/24 11/1/24 Application intake – income certification 7/1/24 Ongoing HQS Inspections Ongoing Ongoing Unit occupied by LMI households Ongoing Ongoing Unit Activity Set-up in IDIS Ongoing Ongoing Activity Closeout 11/15/25 Final Draw Any change to the timeline will need to be submitted to and approved by Maricopa County. C-22-21-092-X-05 Amendment No. 5 City of Surprise Page 6 of 6 8. ACTIVITY BUDGET SUMMARY: RENTAL COSTS 2024 HOME FUNDS Additional Sources* (defined in Table 9 & 10) TOTAL COST Monthly Rent; Utility Costs; Security and Utility Deposits; Program Delivery expenses 183,455 $22,630 $206,085 Administration 12,230 $10,426 $22,656 TOTAL $195,685 $33,056 $228,741 9. SOURCE AND AMOUNT OF OTHER RESOURCES: FUNDING AGENCY CASH AMOUNT TBRA Subrecipient $10,426 PI $22,630 TOTAL $33,056 10. 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 Subrecipient $10,426 Value of waived taxes, fees or charges associated with HOME projects City Contribution $35,437.75 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 $45,863.75