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Contract No. C-22-21-092-X-03 Amendment No. 3 City of Surprise Page 1 of 9 AMENDMENT NO. 3 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 PY2020 HOME Investment Partnerships Program (HOME) through the U.S. Department of Housing and Urban Development (HUD) funds, under ALN 14.239. 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.” 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 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. The County provided the City 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 2022 Work Statement for the City to provide Tenant Based Rental Assistance to 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. II. The Parties agree to enter into this Amendment No. 3 to amend the Agreement as follows: A. Revise Section 3 (Work Statement) to add two new Work Statements for HOME funded activities: 1. 2023 TBRA Work Statement attached and incorporated into the Agreement. The City shall provide Tenant Based Rental Assistance (TBRA) to eligible individuals and families that reside in the greater Surprise area. Rental subsidies will be provided by the City to eligible households, who are homeless or at risk of becoming homeless. The County shall provide the City with HUD PY2023 HOME under ALN 14.239 funding in a not-to exceed amount of $252,694 funds for this activity. The expenditure time frame is through June 30, 2024. Contract No. C-22-21-092-X-03 Amendment No. 3 City of Surprise Page 2 of 9 III. IV. [Signatures contained in following page] 2. 2023 UC-TBRA Work Statement attached and incorporated into the Agreement. The City shall provide Tenant Based Rental Assistance (TBRA) to eligible individuals and families that reside in the greater Surprise area. Rental subsidies will be provided by the City to eligible households, who are homeless or at risk of becoming homeless. The County shall provide the City with HUD PY2019 HOME under ALN 14.239 funding in a not-to exceed amount of $147,729 in HOME funds for this activity. The expenditure timeframe is through June 30, 2024. B. The Agreement funding amount shall be increased from $571,487 to $971,910 in HOME funds. Section II above contains all the changes made by this Amendment No. 3. All other terms and conditions of the Agreement and previously approved Amendments shall remain the same and in full force and effect as approved. The Parties have authorized the undersigned to execute this Amendment No. 3 on their behalf, and it shall be effective upon approval and signature by both Parties. Contract No. C-22-21-092-X-03 Amendment No. 3 City of Surprise Page 3 of 9 IN WITNESS, the Parties have approved and signed this Amendment No. 3: FOR CITY OF SURPRISE: FOR MARICOPA COUNTY: __________________________________ Skip Hall Date Mayor ____________________________________ Clint Hickman 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. 3 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. 3 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-03 Amendment No. 3 City of Surprise Page 4 of 9 MARICOPA COUNTY 2023 TBRA Work Statement HOME Investment Partnerships Program Program Year 2023 Consortium Member: City of Surprise, Arizona Funding: $252,694 ($236,901 EN and $15,793 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 2023 $236,901 $15,793 $0 $252,694 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. 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 Contract No. C-22-21-092-X-03 Amendment No. 3 City of Surprise Page 5 of 9 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% 6 6 Households at or below 60% 6 6 Households at or below 80% 0 0 TOTAL 12 12 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 Contract No. C-22-21-092-X-03 Amendment No. 3 City of Surprise Page 6 of 9 7. PERFORMANCE REPORTING GOALS-TIMELINE OF ACTIVITIES: MILESTONES START DATE COMPLETION DATE Executed Agreement TBRA CENST Environmental Review Completed Completed Service Provider Agreement 9/1/23 9/1/23 Application intake – income certification 9/1/23 Ongoing HQS Inspections Ongoing Ongoing Unit occupied by LMI households Ongoing Ongoing Unit Activity Set-up in IDIS Ongoing Ongoing Activity Closeout 6/30/24 Final Draw Any change to the Timeline will need to be submitted to and approved by Maricopa County. 8. ACTIVITY BUDGET SUMMARY: RENTAL COSTS 2023 HOME FUNDS Additional Sources* (defined in Table 9 & 10) TOTAL COST Monthly Rent; Utility Costs; Security and Utility Deposits; Program Delivery expenses $236,901 $0 $236,901 Administration $15,793 $35,392 $51,185 TOTAL $252,694 $35,392 $288,086 9. SOURCE AND AMOUNT OF OTHER RESOURCES: FUNDING AGENCY CASH AMOUNT TBRA Subrecipient $35,392 TOTAL $35,392 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 TBRA Subrecipient $35,392.00 Value of waived taxes, fees or charges associated with HOME projects City Contribution $24,583.25 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 $59,975.25 Contract No. C-22-21-092-X-03 Amendment No. 3 City of Surprise Page 7 of 9 MARICOPA COUNTY 2023 UC-TBRA Work Statement Reallocated Funds HOME Investment Partnerships Program Program Year 2019 Consortium Member: Funding: Project: Type of Property: 1. FUNDING: PROGRAM YEAR ENTITLEMENT (EN) ADMINISTRATION (AD) PROGRAM INCOME (PI) (non- reimbursable, IDIS draw only) TOTAL BUDGET PY 2019 Funds $0 $0 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. 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 City of Surprise, Arizona $147,729 ($147,729 EN) Tenant Based Rental Assistance (TBRA) Rental $147,729 $147,729 Contract No. C-22-21-092-X-03 Amendment No. 3 City of Surprise Page 8 of 9 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% 5 5 Households at or below 60% 2 2 Households at or below 80% TOTAL 7 7 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 Physically Disabled Other Priority Populations: Veterans 7. PERFORMANCE REPORTING GOALS-TIMELINE OF ACTIVITIES: MILESTONES START DATE COMPLETION DATE Executed Agreement TBRA CENST Environmental Review Completed Completed Service Provider Agreement 9/1/23 9/1/23 Application intake – income certification 9/1/23 Ongoing HQS Inspections Ongoing Ongoing Unit occupied by LMI households Ongoing Ongoing Contract No. C-22-21-092-X-03 Amendment No. 3 City of Surprise Page 9 of 9 Unit Activity Set-up in IDIS Ongoing Ongoing Activity Closeout 6/30/24 Final Draw Any change to the Timeline will need to be submitted to and approved by Maricopa County. 8. ACTIVITY BUDGET SUMMARY: RENTAL COSTS 2019 Reallocated HOME FUNDS Additional Sources* (defined in Table 9 & 10) TOTAL COST Monthly Rent; Utility Costs; Security and Utility Deposits; Program Delivery expenses $0 Administration $0 $0 TOTAL 9. SOURCE AND AMOUNT OF OTHER RESOURCES: FUNDING AGENCY CASH AMOUNT $0 $0 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). TYPE SOURCE/FUNDING AGENCY TOTAL Cash or cash equivalents from a non-federal source Value of waived taxes, fees or charges associated with HOME projects City Contribution $36,932.33 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 $36,932.33 $147,729 $147,729 $147,729 $147,729