CITY OF TEMPE AMENDMENT 5 PY21.PDF
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Contract No. C-22-17-045-3-05 Amendment No. 5 City of Tempe Page 1 of 9 AMENDMENT No. 5 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). The Agreement term is July 1, 2016, through May 4, 2019. Expenditures for the Agreement activities reimbursable through May 4, 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. The Amendment extended the term of the Agreement from May 4, 2019, through September 30, 2021. The County provided the City with an increase in funding in the amount of $331,711 in 2017 HOME funds. The Amendment added two (2) Work Statements: 2017a with funding in the amount of $155,490, and Work Statement 2017b in the amount of $176,221, and revised project activities for 2016a Work Statement and added 2016b Work Statement. The Agreement funding amount increased from $321,086 to $652,797 for the revised work statement activities. The Parties executed Amendment No. 2 on or about October 18, 2018. The County provided the City with an increase in funding in the amount of $464,880 in 2018 HOME funds. The Amendment added two (2) Work Statements: 2018-A with funding in the amount of $155,490, and 2018-B Work Statement in the amount of $309,390. The Amendment extended the expenditure term through September 30, 2022, for the Work Statement activities. The Agreement total Agreement funding amount increased from $652,797 to $1,117,677. The Parties executed Amendment No. 3 on or about December 19, 2019. The County provided the City with an increase in funding in the amount of $452,573.97 in 2019 HOME funds. The Amendment added two (2) Work Statements: 2019-A with funding in the amount of $144,288.10, and 2019-B Work Statement in the amount of $308,285.87. All work performed or cost incurred or expended shall be reimbursable through September 30, 2023. The Agreement total funding amount increased from $1,117,677 to $1,570,250.97. The Parties executed an Administrative Budget Adjustment No. 1 on or about June 8, 2020. The Budget Adjustment amended the PY 2018 Work Statement A, Home Funds expense category by reallocating the $155,490 for Home Buyer Assistance to the Tenant Based Rental Assistance (TBRA). The TBRA has now increased from $280,335 to $435,825. The total Agreement amount did not change. Contract No. C-22-17-045-3-05 Amendment No. 5 City of Tempe Page 2 of 9 The Parties executed Amendment No. 4 on or about June 14, 2023. The Amendment purpose was to clarify the extension terms for Amendments No. 2 and No. 3, change Lead Agency Point of Contact, extend the term of the Agreement from September 30, 2023, through September 30, 2025, and revise Section 3 (Work Statement) to add an additional Work Statement referred to as “2022 Work Statement TBRA” and incorporate into the Agreement. The County shall provide the City with Program Year 2020, 2021 and 2022 funding in a not-to exceed amount of $1,649,079 in HOME Investment Partnerships Program (HOME) funds through the U.S. Department of Housing and Urban Development (HUD), under ALN 14.239. The Agreement funding amount shall be increased from $1,570,250.97 to $3,219,329.97 in HOME funds. II. The Parties agree to enter into this Amendment No. 5 to the Agreement to amend the Agreement as follows: A. Revise Section 1 General provisions to add the following paragraphs: CCC. UYGHUR FORCED LABOR PREVENTION ACT (UFLPA) 1. The Developer warrants and certifies that it does not currently, and agrees for the duration of the agreement that it will not use: a. The forced labor of ethnic Uyghurs in the People’s Republic of China. b. Any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China. c. 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. 2. If the Developer becomes aware during the term of the Agreement that the Developer is not in compliance with this paragraph, the Developer shall notify the County within five business days after becoming aware of the noncompliance. Failure of the Developer to provide a written certification that the Developer has remedied the noncompliance within one hundred eighty (180) days after notifying the public entity of its noncompliance, this Agreement shall terminate unless the Term of this Agreement shall end prior to said one hundred eighty (180) day period. DDD. 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. B. Revise Section 3 (Work Statement) to address the following: Add an additional Work Statement referred to as “Work Statement – 2021 HOME ARP” as attached and incorporated into the Agreement. The City shall 1) provide supportive services, specifically, bridge shelter case management and housing navigation; and 2) acquisition, construction, rehabilitation, and reconstruction of housing, specifically, transitional non-congregate Bridge Shelter. This will benefit 200 individuals and 40 households at risk for homelessness in the City of Tempe. Contract No. C-22-17-045-3-05 Amendment No. 5 City of Tempe Page 3 of 9 The County shall provide the City with Program Year 2021 funding in the amount of $2,269,939 HOME Investment Partnerships Program (HOME ARP) funds through the U.S. Department of Housing and Urban Development (HUD), under ALN 14.239, in accordance with HUD CPD Notice CPD-21-10. C. The funding amount for Supportive Services under the Amendment shall be $1,369,939, and the expenditure term for these PY21 Work Statement related activities shall expire on October 30, 2027. The funding amount for Non- Congregate transitional Bridge shelter acquisition and construction under the Amendment shall be $900,000, and expenditure term for these PY21 Work Statement related activities shall expire on September 30, 2025. D. The Agreement total funding amount shall be increased from $3,219,329.97 to $5,489,268.97 in HOME funds. III. The foregoing paragraphs contain all the changes made by this Amendment No. 5. This Amendment No. 5 is subject to and incorporates the provisions of A.R.S. § 38-511. All other terms and conditions of the original Agreement and previously approved amendments remain the same and in full force and effect as approved and amended. IV. The Parties have authorized the undersigned to execute this Amendment No. 5, and it shall be effective upon approval and signature by the Parties. (Signatures are contained on the following page) Contract No. C-22-17-045-3-05 Amendment No. 5 City of Tempe Page 4 of 9 IN WITNESS, the Parties have approved and signed this Amendment No. 5: APPROVED BY: CITY OF TEMPE APPROVED BY: MARICOPA COUNTY ___________________________________ Corey D. Woods Date Mayor ____________________________________ Jack Sellers Date Chairman, Board of Supervisors Attested To: ___________________________________ City Clerk Date Attested To: ____________________________________ 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 TEMPE UNDER THE LAWS OF THE STATE OF ARIZONA. APPROVED AS TO FORM: ___________________________________ City Attorney Date 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: ____________________________________ Deputy County Attorney Date Contract No. C-22-17-045-3-05 Amendment No. 5 2021 Work Statement – HOME ARP City of Tempe Page 5 of 9 MARICOPA COUNTY Work Statement – 2021 HOME-ARP HOME Investment Partnerships Program – American Rescue Plan Program Year 2021 HOME-ARP Consortium Member: City of Tempe, Arizona UEI: JNE92556J8N5 FAIN: M-21-DP-04-0227 Federal Award date: 9/20/2021 HOME-ARP Funds: $2,269,939 ($2,085,890 from entitlement and $184,049 from admin) Activity Type: Acquisition, Supportive Services Activity Name: City of Tempe Non-Congregate Bridge Shelter Acquisition, Case Management, and Housing Navigation 1. FUNDING: HOME-ARP HOME-ARP ADMIN OTHER SOURCES TOTAL $2,085,890 $184,049 $9,850,000 $12,119,939 2. DETAILED SCOPE OF WORK: 2.1. Consolidated Plan Goal as it relates to this activity: High Priority 2.2. Type of assistance to be provided with HOME-ARP funds: the City of Tempe will expend for payment of reasonable administrative and planning costs 15% of its HOME-ARP allocation, and expend the balance of HOME-ARP funds to benefit qualified populations in accordance with HUD CPD Notice CPD-21-10 for 1) provision of supportive services, specifically, bridge shelter case management and housing navigation; and, 2) acquisition, construction, rehabilitation, reconstruction of housing, specifically, transitional bridge shelter. 2.3. The City of Tempe will not expend funds for Housing Counseling Services eligible under Section VI.D.3.c of the Notice. Eligible expenses include costs associated with the following: child care; education services; employment assistance and job training; food; housing search and counseling services; legal services; life skills training; mental health services; outpatient health services; outreach services; substance abuse treatment services; transportation; case management; mediation; credit repair; landlord/tenant liaison services; services for special populations (i.e. victims of domestic violence and others); financial assistance costs; and short and medium term financial assistance for rent. 2.4. Services to be provided through this Amendment: 1) Reasonable administrative and planning costs (Section VI.A.); 2) provision of supportive services, specifically, bridge shelter case management and housing navigation (Section VI.D.4); 3) acquisition, construction, rehabilitation, reconstruction of non- congregate shelter (Section VI.B.). Contract No. C-22-17-045-3-05 Amendment No. 5 2021 Work Statement – HOME ARP City of Tempe Page 6 of 9 2.5. Methods and instruments used for ensuring affordability: not applicable; the City of Tempe will not undertake any activities with HOME-ARP funds that require affordability compliance. 2.6. All HOME-ARP activities will comply with the guidance provided in Notice CPD- 21-10: Requirements for Use of Funds in the HOME-ARP Program, as amended. 3. ACTIVITY GOALS: Activity Goal ACTIVITY GOALS Development of Affordable Rental Housing Supportive Services Acquisition and Development of Non-Congregate Shelters Tenant Based Rental Assistance Estimated Number of New Units/ Beds Developed NA NA 56 Beds NA Estimated Number of Households to Benefit NA 240 HHs NA NA 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-ARP Bridge shelter case management and housing navigation Transition individuals into housing or refer identified candidates for intensive support services Clients will exit the program to positive outcomes such as housing and employment Reduction in levels of homelessness and an increase in household self- sufficiency. Contract No. C-22-17-045-3-05 Amendment No. 5 2021 Work Statement – HOME ARP City of Tempe Page 7 of 9 5. QUALIFIED POPULATIONS OF PROPOSED BENEFICIARIES Qualified Populations Number Individuals Number of Families Homeless 200 40 At Risk of Homelessness 0 0 Fleeing, or Attempting to Flee, Domestic Violence, Dating Violence, Sexual Assault, Stalking, or Human Trafficking 0 0 Other Populations: (1) Other Families Requiring Services or Housing Assistance to Prevent Homelessness 0 0 Other Populations: (2) At Greatest Risk of Housing Instability 0 0 Veterans and Families that include a Veteran Family Member (that meet one of the preceding populations) 0 0 TOTAL 200 40 (Only required for Development of Affordable Housing) HOME-ARP Rental Housing Occupancy Requirements Number of Units Total Number of Units Percentage of Units HOME-ARP Units assisted based on status as qualifying household (Minimum 70%) NA NA NA HOME-ARP Units assisted based on income eligibility (not to exceed 30%) NA NA NA TOTAL NA NA NA 6. PREFERENCES AMONG QUALIFYING POPULATIONS, REFERRAL METHODS, AND SUBPOPULATIONS: 6.1. Identify the intent to give preference to one or more qualifying populations or a subpopulation within one or more qualifying populations for any eligible activity or project: As described in the Consortium’s HUD-approved HOME-ARP Allocation Plan, the City will not give preference to any qualifying population and will provide services to any qualifying population as needed. 6.2. Referral Methods for Project or Activity: NA 6.3. Waitlist Procedures: NA 7. PERFORMANCE REPORTING GOALS-TIMELINE OF ACTIVITIES: MILESTONES START DATE COMPLETION DATE City Council Approval of IGA Amendment with Maricopa County March 2024 April 2024 Maricopa County Board of Supervisors approval of IGA Amendment April 2024 Contract No. C-22-17-045-3-05 Amendment No. 5 2021 Work Statement – HOME ARP City of Tempe Page 8 of 9 Acquisition Timeline: Environmental Review Completed April 2024 Acquisition of Property April 2024 RFP for Rehabilitation May 2024 Rehabilitation of Property December 2024 Expected Occupancy of Units September 2025 Supportive Services Timeline: Contract amendment to recommit funds to subrecipient 25% expenditure of funds October 2024 50% expenditure of funds October 2025 75% expenditure of funds October 2026 100% expenditure of funds October 2027 Final reporting January 2028 Any change to the Timeline shall need to be submitted to and approved by Maricopa County. 8. ACTIVITY BUDGET SUMMARY: COSTS HOME-ARP FUNDS HOME-ARP ADMIN Additional Sources* (defined in Table 9) TOTAL COST Supportive Services $1,185,890 $184,049 $0 $1,369,939 Acquisition $900,000 $9,850,000 $10,750,000 TOTAL $2,085,890 $184,049 $9,850,000 $12,119,939 8.1. The funding amount for Supportive Services under the Amendment shall be $1,369,939, and the expenditure term for these PY21 Work Statement activities shall expire on October 30, 2027. 8.2. The funding amount for acquisition of Non-Congregate transitional Bridge Shelter and construction under the Amendment shall be $900,000, and expenditure term for these PY21 Work Statement activities shall expire on September 30, 2025. 8.3. NOTE: A total of $3,000 per activity will be withheld as retainage from the total amount of HOME funds obligated to each activity until a completion report is submitted to the County. 9. SOURCE AND AMOUNT OF OTHER RESOURCES: FUNDING AGENCY CASH AMOUNT VOLUNTEER/ IN-KIND AMOUNT American Rescue Plan Act (ARPA) $7,300,000.00 $0 City of Tempe (CIP) $2,550,000.00 $0 TOTAL $9,850,000.00 $0 10. MATCH: Matching Contribution Requirements: The requirements of 24 CFR 92.218 through 24 CFR 92.222 and any other requirements for matching contributions in 24 CFR part 92 shall not apply to HOME-ARP funds, as subsection (c)(1) of ARP states Contract No. C-22-17-045-3-05 Amendment No. 5 2021 Work Statement – HOME ARP City of Tempe Page 9 of 9 that the underlying statutory requirement at section 220 of NAHA (42 U.S.C. 12750) does not apply to HOME-ARP funds. 11. ADDITIONAL PROJECT OR ACTIVITY INFORMATION: (If applicable) Tempe has identified an opportunity to purchase a motel consisting of 2.1 acres as well as an adjacent vacant parcel of .69 acre. The motel was built in 1997 and is located on an “L” shaped parcel containing a lobby, offices, laundry facility and fifty-four (54) rooms and with two (2) suites. City ownership of the property presents an opportunity for a non- congregate bridge shelter for homeless individuals. Tempe was awarded an American Rescue Plan Act (ARPA) grant from Maricopa County in the amount of $7,300,000 to acquire a facility to be utilized as a bridge shelter. Tempe would provide the balance of the acquisition costs from available funding sources including City CIP ($2,550,000), in addition to HOME ARP Funds provided under this Amendment ($900,000).