CITY OF SCOTTSDALE - HOME AMEND 1.PDF

Maricopa County — Formal (2023-09-27)

Extracted text (via pymupdf) 20394 characters

C-22-22-080-X-01

Amendment No. 1
Resolution No. 12847
Contract No. 2022-026-COS-A1
20079898v1
Page 1 of 11
AMENDMENT NO. 1 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 and
$344,125 in Program Year 2021 HOME Investment Partnerships Program (HOME)
Assistance Listing Number (ALN) 14.239 funds from the U.S. Department of Housing and
Urban Development (HUD). The Agreement term is March 30, 2022, through September
30, 2024. All work performed or cost 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.”

II.
The Parties agree to enter into this Amendment No. 1 to amend the Agreement as follows:

A.
Change Lead Agency Maricopa County
Representative: Shawn Pierce, Deputy Director Human Services Department
Phone: 602-506-5006
E-Mail: shawn.pierce@maricopa.gov
Address: 234 North Central, 3rd Floor Phoenix AZ 85004

Change City Representative to:
Mary Witkofski, Community Assistance Manager
Phone: 480.312.2479
E-mail: mwitkofski@scottsdale.gov

B.
Extend the term of the Agreement from September 30, 2024 through September
30, 2025.

C.
Revise Section 1 (General Provisions) to add the following Paragraph:
54.0
UYGHUR FORCED LABOR PREVENTION ACT (UFLPA)
54.1
The City warrants and certifies that it does not currently, and
agrees for the duration of the contract that it will not, use:
54.1.1 The forced labor of ethnic Uyghurs in the People’s
Republic of China.
54.1.2 Any goods or services produced by the forced labor of
ethnic Uyghurs in the People’s Republic of China.
54.1.3 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.

Contract No. C-22-22-080-X-01

Amendment No. 1
Resolution No. 12847
Contract No.2022-026-COS-A1

54.2
If the City becomes aware during the term of the Contract that the
City is not in compliance with this paragraph, the City shall notify
the County within five business days after becoming aware of the
noncompliance. Failure of the City to provide a written certification
that the City 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.

D.
Revise Section 3 (Work Statement) to address the following paragraphs:

1.
Add 2 additional work statements to the Agreement:
a.
2022 Work Statement attached and incorporated into the
Agreement. The Work Statement is for the City to administer the
Tenant Based Rental Assistance (TBRA) Program to help prevent
homelessness by providing decent and affordable rental housing to
families. The County shall provide the City with $366,675 for the
Work Statement activities. If the City has completed the required
Environmental Review, expenditures may be retroactive to July 1,
2023. All work performed, or costs incurred expenses shall be
reimbursable through September 30, 2025. The funding for Work
Statement is provided by PY22 HOME Investment Partnerships
Program (HOME) through the U.S. Department of Housing and
Urban Development (HUD) funds, under ALN 14.239.

b.
2021 HOME-ARP Work Statement attached and incorporated into
the Agreement. The City shall acquire and develop non-congregate
shelter and affordable rental units for qualifying populations defined
by HUD Notice CPD-21-10 pages 3-8. The County shall provide the
City with HOME ARP funding in a not-to exceed amount of
$1,442,098 through HUD under ALN 14.239. All work performed, or
costs incurred expenses shall be reimbursable through September
30, 2025.

E.
The Agreement funding amount shall be increased by $1,808,773 from $687,042
to $2,495,815 and shall consist of the following fund sources:
•
$1,442,098 – HOME-ARP
•
$366,675 – HOME funds

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 contained in following page]

Contract No. C-22-22-080-X-01

Amendment No. 1
Resolution No. 12847
Contract No.2022-026-COS-A1

IN WITNESS, the Parties have approved and signed this Amendment: No. 1:
FOR CITY OF SCOTTSDALE:

FOR MARICOPA COUNTY:

__________________________________
David D. Ortega Date
Mayor

____________________________________
Clint Hickman 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. 1 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: Joe Padilla, Deputy City Attorney

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:

___________________________________
Deputy County Attorney Date

Contract No. C-22-22-080-X-01

Amendment No. 1
Resolution No. 12847
Contract No.2022-026-COS-A1

MARICOPA COUNTY
Work Statement - TBRA
HOME Investment Partnerships Program
Program Year 2022

Consortium Member:
City of Scottsdale
Project:

Tenant Based Rental Assistance (TBRA) and Administration
Funding:

PY 2022 $366,675 ($343,758 from EN and $22,917 AD)
Type of Property:

Rental

1.
FUNDING:
PROGRAM YEAR
ENTITLEMENT
(EN)
ADMINISTRATION
(AD)
PROGRAM
INCOME (PI)
(non-
reimbursable,
IDIS draw only)
TOTAL
BUDGET
PY 2022
$343,758
$22,917
$0
$366,675

2.
DETAILED SCOPE OF WORK:
2.1
Consolidated Plan goals as it relates to this activity:
a.
High
2.2
Type of assistance/activity to be provided with HOME funds:
a.
Tenant Based Rental Assistance
b.
Administration

3.
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.
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-01

Amendment No. 1
Resolution No. 12847
Contract No.2022-026-COS-A1

5.
PROPOSED BENEFICIARIES:
Targeted Population
by Income Level
Number of
Households
PY 2022
Total
Number of
Units
Number of
HOME
Assisted Units
in program (if
rental)
Households
at
or
below 50%
10

Households
at
or
below 60%

Households
at
or
below 80%

TOTAL
10

6.
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 2022
Total
Elderly
10

Physically Disabled

Other Priority
Populations: Veterans

Homeless

7.
PERFORMANCE REPORTING GOALS – TIMELINE OF ACTIVITIES:
TBRA MILESTONES
START
DATE
COMPLETION

DATE
HOME Contract Amendment signed by City
Council

September 2023
Signed MOA between City of Scottsdale Housing
Agency and Scottsdale Senior Centers

Environmental Program Clearance
September 2023
November 2023
Application Intake-Certification of Income
Eligibility
Ongoing
program
September 30,
2025
Application Review
Ongoing
program
September 30,
2025
Initial HQS Property Inspection
Prior to leasing
and annually
throughout Lead
Term
September 30,
2024
Home Set up Report to County

November 2023
On-going
adjustments
Unit Occupied by Low/Moderate Income
Person/Family
Throughout
Contract Term
September 30,
2025
Completion Report submitted to City

September 30,
2025
Any change to the Timeline will need to be submitted to and approved by Maricopa
County.

Contract No. C-22-22-080-X-01

Amendment No. 1
Resolution No. 12847
Contract No.2022-026-COS-A1

8.
ACTIVITY BUDGET SUMMARY:
TBRA ACTIVITIES
2022
HOME
FUNDS

Additional
Sources
(Defined in
Table 9 &
10 below)
TOTAL
COST
Monthly Rent; Utility Costs; Sec.
Dep; Utility Deposits
$343,758
$0
$343,758
HOME ADMINISTRATION
$22,917
$0
$22,917
TOTAL
$366,675
$0
$366,675
Administration (AD) funds to be expended by the City of Scottsdale for overall HOME
program administration.

9.
SOURCE AND AMOUNT OF OTHER RESOURCES:
FUNDING AGENCY
CASH AMOUNT
VOLUNTEER/
IN-KIND AMOUNT

TOTAL
$0

10.
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
$85,940
TOTALS

Contract No. C-22-22-080-X-01

Amendment No. 1
Resolution No. 12847
Contract No.2022-026-COS-A1

MARICOPA COUNTY
Work Statement 2021 HOME-ARP
HOME Investment Partnerships Program – American Rescue Plan
Program Year 2021 HOME-ARP

Consortium Member:
City of Scottsdale, Arizona
HOME-ARP Funds:
$1,442,098 ($1,325,171 from entitlement and $116,927 from
admin)
Activity Type:
Acquisition and Development of Non-Congregate Shelter,
Affordable Rental Units and Supportive Services
Activity Name:

Bridging Housing Stability

1.
FUNDING:
HOME-ARP
HOME-ARP ADMIN
TOTAL

$1,325,171
$116,927
$1,442,098

2.
DETAILED SCOPE OF WORK:

2.1
The City of Scottsdale contract will be part of the Paiute Community Center
Improvements which will remove the existing buildings and construct a new 2-story
building with community space, 28 livable units and associated parking areas. The
project is located at 6535 E Osborn Road, Scottsdale, AZ. 85251. The project
involves the construction of a second story to the Community Assistance Office.
The second story will include 20 studio units and 8 two-bedroom for a total of 28
Units and will use $1,325,171 in HOME-ARP for the construction costs and
supportive services for 1 non-congregate shelter unit and 2 affordable housing
units. $500,000 will be allocated to non-congregate shelter units, $575,171 will be
allocated to affordable housing development, and $250,000 will be allocated to
supportive services. The HOME-ARP administration funds in the amount of
$116,927 will allocated to the administration of the HOME-ARP activities.

2.2
All HOME-ARP activities will follow the guidance provided in Notice CPD-21-10:
Requirements for Use of Funds in the HOME-ARP Program.

Contract No. C-22-22-080-X-01

Amendment No. 1
Resolution No. 12847
Contract No.2022-026-COS-A1

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
2
0
1
0
Estimated
Number of
Households or
Individuals to
Benefit
2 housholds
12 individuals
12 individuals/4
households
0

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:
Construct a second
story 28 housing unit
facility above the
community assistance
office with 1 designated
non-congregate shelter
and 2 affordable
housing units using
project-based
vouchers.
Number of clients
housed through the
non-congregate
shelter for up to
120 days with
transition to PBV
Units upon
completion.
Emergency
bed-nights
provided to
Scottsdale
residents and
families
experiencing
homelessness.
Maximum of 1
NCS Units and
remaining PBV
Improved health
and well-being
through better
sleep, hygiene,
security and
accessibility of
Affordable
stable housing
for low-income
Scottsdale
residents.
Safe, stable,
and affordable
housing and
reducing
homelessness
in Scottsdale
Identify a non-profit
partner agency to
manage the day-to-day
operations of a non-
congregate shelter and
provide supportive
services
Number of clients
served monthly
through the
nonprofit partner
with homeless
prevention,
intervention, and
supportive
services.

Employment,
Mental Health
care, medical
care Housing
Assistance,
Outreach
Engagement,
Improved
stability and
self-sufficiency
Decrease the
harms of
homelessness
to the extent
that individuals
served remain
stably housed.
Identify a property
management company
Number of rental
units leased up
households will
be stably
housed.
Manage
property,
quickly fill
Long-term
sustainability of
rental housing

Contract No. C-22-22-080-X-01

Amendment No. 1
Resolution No. 12847
Contract No.2022-026-COS-A1

to manage the rental
housing development
through project-
based vouchers
vacancies,
higher tenant
retention rate,
cost effective
maintenance

5.
QUALIFIED POPULATIONS OF PROPOSED BENEFICIARIES:
Qualified Populations
Number
Individuals
Number of
Families
Homeless
**
**
At Risk of Homelessness

Fleeing, or Attempting to Flee, Domestic Violence,
Dating Violence, Sexual Assault,
Stalking, or Human Trafficking

Other Populations: (1) Other Families Requiring
Services or Housing Assistance to Prevent
Homelessness

Other Populations: (2) At Greatest Risk of Housing
Instability

Veterans and Families that include a Veteran
Family Member (that meet one of the preceding
populations)

TOTAL
12
unduplicated
6

** Qualifying Populations are not being prioritized. Totals can be an accumulation
from any of the above rows.

(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%)
2
2
100%
HOME-ARP Units assisted based on
income eligibility (not to exceed
30%)
0
0
0
TOTAL
2
2
100%

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:
Scottsdale is not intending to give preference to one or more qualifying populations or
subpopulations.

6.2 Referral Methods for Project or Activity:
Scottsdale will work directly with the Coordinated Entry points within Maricopa County to
place Scottsdale residents into non-congregate shelter and rental housing. Internal

Contract No. C-22-22-080-X-01

Amendment No. 1
Resolution No. 12847
Contract No.2022-026-COS-A1

referral methods may be adapted and are in the initial planning stages and program
development.

6.3 Waitlist Procedures:
For the Rental Housing – the Community Assistance will coordinate with the Scottsdale
Housing Agency and follow the Housing Choice Voucher Program Administrative Plan
for Project Based Vouchers under Chapter 15. Scottsdale will also work with the
Coordinated Entry points for identification of homeless and at greatest risk of
homelessness for Scottsdale individuals and families.

7.
PERFORMANCE REPORTING GOALS-TIMELINE OF ACTIVITIES:
MILESTONES
START
DATE
COMPLETION
DATE
Contract with Maricopa County Human Services
(NCS and Rental Housing)-
02/14/2023
September 2023
Contract with Maricopa County (Affordable
Housing )
04/13/2023
September 2023
Contract with Maricopa County HOME
Consortium
04/13/2023
September 2023
Town Halls and Door to Door Outreach
January 2024
March 2024
Environmental Reviews on NCS CEST-58.5
September 2023
December 2023
Authority to Use Grant Funds
01/31/2024
30 days from
submittal to HUD
Zoning Entitlements
N/A
Already Zoned
Residential
Plans Submitted to the Municipality
01/01/2025

Civil Permits Issued
03/01/2025

Building Permits Issued
03/01/2025

Contractors Notice to Proceed Issued
06/01/2025

Construction Mobilization
06/15/2025

25% Completion
11/1/2025

50% Completion
03/01/2026

75% Completion
08/01/2026

Certificate of Occupancy
12/31/2026

ARPA-Assisted Units Occupied
12/31/2026

100% Occupancy
12/31/2026

Any change to the Timeline will need to be submitted to and approved by Maricopa County.

8.
ACTIVITY BUDGET SUMMARY:

Contract No. C-22-22-080-X-01

Amendment No. 1
Resolution No. 12847
Contract No.2022-026-COS-A1

COSTS
HOME-ARP
FUNDS
HOME-
ARP
ADMIN
Additional
Sources
(Maricopa
County
Homeless
Services
ARPA)

Additional
Sources
(Maricopa
County
Affordable
Housing
ARPA)

TOTAL
COST
Construction and
Hard Costs

$1,075,171
$110,927
$2,570,000
$4,000,000
$7,756,098
Environmental
Reviews
$0
$6,000
$0
$0
$6,000
Rehabilitation NCS
$0
$0
$0
$0
$0
Rehabilitation Rental
Housing
$0
$0
$0
$0
$0
Supportive Services
$250,000
$0
$0
$0
$250,000
NCS Maintenance
and Utilities Annual
Cost
$0
$0
$0
$0
$0
Basic Needs for
NCS Participants
$0
$0

$0
$0
$0
TOTAL
$1,325,171
$116,927
$2,570,000
$4,000,000
$8,012,098

9.
SOURCE AND AMOUNT OF OTHER RESOURCES:
FUNDING AGENCY
CASH AMOUNT
VOLUNTEER/
IN-KIND AMOUNT
Maricopa County Homeless Services
ARPA
$2,570,000

Maricopa County Affordable Housing ARPA
$4,000,000

TOTAL
$6,570,000

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
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) See attached
budget sheet and unit breakdown.