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Home My WebLink AboutC2005-174 - 3/22/2005 - NA FIRST AMENDMENT TO THE CHDO AGREEMENT BETWEEN THE CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION AND THE NUECES COUNTY COMMUNITY ACTION AGENCY This first amendment ("First Amendment") is made by and between the Corpus Christi Community Improvement Corporation ("CCCIC") and the Nueces County Community Action Agency, hereinafter referred to as a Community Housing Development Organiza- tion ("CHDO"). WHEREAS, the CCCIC and the CHDO executed an agreement ("Agreement"), which was approved by the CCCIC on February 10, 2004 (M2004-384), for the purpose of utilizing the CCCIC's FY03 HOME Program funds; WHEREAS, the scope of work to be completed under the Agreement included funding down payments and closing costs on newly constructed homes for homebuyers at or below 80% of Area Family Median Income; WHEREAS, the term of the Agreement was 23 months, expiring January 31, 2006; WHEREAS, on April 27, 2004, the City Council approved a FY04 HOME Program funding allocation to the CCCIC, which included a recommended award of $277,220 to the CHDO to fund, at a minimum, an additional fourteen homebuyers; and WHEREAS, the parties to the Agreement desire to execute this First Amendment to extend the term, incorporate the FY04 HOME Program funds, amend and modify several contractual provisions, and incorporate exhibits. Section 1. Section 2 of the Agreement is deleted in its entirety and replaced with the following language: "SECTION 2. AGREEMENT PERIOD This agreement shall commence on the date of execution by the CHDO and the CCCIC and shall terminate on July 31, 2006, unless otherwise speci- flcally provided by the terms of this agreement." Section 2. Section 3 of the Agreement is deleted in its entirety and replaced with the following language: "SECTION 3. GRANT CCCIC agrees to grant the CHDO FY03 HOME Program funds, in the amount of $279,384, and FY04 HOME Program funds, in the amount of $2771220, subiect to the terms and conditions of this Agreement, The CHDO 2005-!74 --Y03 HOME Program funds prior to any expenditure of the 03/22/05 CCCIC FY04 HOME Program funds. Furthermore, the FY03 HOME Program funds must be expended by January 31, 2006, and the FY04 HOME Program funds must be expended prior to the termination of this agreement." Section 3. Section 4 of the Agreement is deleted in its entirety and replaced with the following language: "SECTION 4. CHDO PERFORMANCE CHDO shall fund the down payment and closing costs assistance in the purchase of newly constructed homes in the City of Corpus Christi, Texas, for in- dividuals at or below 80% of the Area Family Median Income. At closing, the cost of the lot to construct the home will be the homebuyer's down payment assistance portion. CHDO must comply with the project ru~e that requires that, if five (5) or more units are HOME assisted, 20% of the beneficiaries must be at or less than 50% of Area Family Median Income. The project shall comply with and be administered in accordance with the HOME Investment Partner ships Act of 1990, 42 U.S.C. [}{}12701 et. seq., and implementing federal regulations con- rained in 24 CFR Part 92; Chapter 2306 of the Texas Government Code and the State's HOME Investment Partnerships Program Rules contained in 10 TAC Part I; and the HOME Program Guidelines and Application Package. Addition- ally, CHDO shall comply with and perform all activities in accordance with the terms and provisions of the FY03 and FY04 Performance Statements, hereinafter referred to as Exhibits A-1 and A-2, respectively; the FY03 and FY04 Homebuyer Assistance Budget and Project Implementation Schedule, hereinafter referred to as Exhibit B; the Other Federal Requirements, hereinafter referred to as Exhibit C; the Certification Regarding Lobbying, hereinafter referred to as Exhibit D; the assurances, certifications, and all other statements made by the CHDO in its application for the projects funded under this agreement; and with all other terms, provisions, and requirements set forth in this agreement." Section 4. Subsection B of Section 5 of the Agreement, such section being entitled "CCCIC OBLIGATIONS," is deleted in its entirety and replaced with the following language: "B. Limit of Liability Notwithstanding any other provision of this agreement, the total of all pay- ments and other obligations incurred by the CCCIC under this agreement shall not exceed the sum of Five Hundred Fifty-six Thousand Six Hundred Four and No/100ths Dollars ($556,604.00). It is agreed that the total amount of $556,604.00 will be provided as a grant to the CHDO to be utilized as a forgiveab~e deferred ~oan to each homebuyer. This sum includes only homebuyer assistance funds." Section 5. Section 13 is deleted in its entirety and replaced with the following language: Page 2 of 5 "SECTION 13. CONFLICT OF INTEREST CHDO shall ensure that no person who is an employee, agent, con- sultant, officer, or elected or appointed official of the CHDO that receives funds and who exercises or has exercised any functions or responsibilities with respect to activities assisted with funds provided under this agreement or who is in a position to participate in a decision-making process or gain inside information with regard to such activities may obtain a personal or financial interest or benefit from a HOME-assisted activity or have an interest in any agreement, contract, or subcontract, or the proceeds thereof, with respect to a HOME-assisted activity either for themselves or those with whom they have family or business ties during their tenure or for one year thereafter. CHDO shall ensure compliance with applicable provisions under 24 CFR 92.356 and OMB Circular A-110 in the pro- curement of property and services." Section ti. Subsection D of Section 17 of the Agreement, such section being entitled "CHANGES AND AMENDMENTS," is deleted in its entirety and replaced with the fol- lowing language: "D. CHDO has provided a FY03 and FY04 estimated HomebuyerAssis- tance Budget and Project Implementation Schedule, which is attached as Exhibit B, based upon the proposed construction funding stated above. Ten days prior to the award of HOME funds pursuant to this agreement, CHDO will provide a finalized Exhibit B, which will include a schedule of the costs of com- pletion and a schedule of completion dates for the various aspects of construc- tion of the Housing, which will be substituted for the then existing Exhibit B and which will become Exhibit B of this agreement for all purposes." Section 7. Subparagraph 5 of subsection A of Section 20 of the Agreement, such section entitled "AUDIT," is deleted in its entirety and replaced with the following language: "5. As part of its audit, CHDO shall verify expenditures according to the FY03 and FY04 Homebuyer Assistance Budget and Project Implementation Schedule attached as Exhibit B." Section 8. Subsection B, entitled "Affordability," of Section 23 of the Agreement, such section entitled "SPECIAL CONDITIONS," is deleted in its entirety and replaced with the following language: "B. Affordability. Funds provided under this agreement must meet the affordability requirements of the HQME rules for a period of no less than 15 years and no more than 20 years, the actual affordability period being directly depen- dent on the leve~ of HOME funds allocated to each home purchase assisted under this agreement. A home purchase assisted with $15,000 of HOME Pro- gram funds must meet the affordability period for 15 years, a home purchase Page 3 of 5 assisted with $16,000 of HOME Program funds must meet the affordability period for 16 years, a home purchase assisted with $19,000 of HOME Program funds must meet the affordability period for 19 years, and a home purchase assisted with $20,000 of HOME Program funds must meet the affordability period for 20 years. CHDO agrees to repay all HOME funds governed by this agreement if the project fails to comply or ceases to comply with the affordability requirements as set forth herein, provided however, that for each month the property is occupied as the original homebuyer's principal residence, a fractional amount, stated as a numerator of land a denominator representing the number of months in the affordability period, will be waived and forgiven. The affordability requirements must continue to be met throughout the term of the agreement and shall be binding upon the successors, assigns, and transferees of the CHDO as required by 24 CFR 92.254." Section g. Subsection B of Section 24 of the Agreement, such section entitled "ORAL AND WRITTEN AGREEMENTS," is deleted in its entirety and replaced with the following language: "B. The attachments enumerated and denominated below are incorpo- rated into this agreement by reference and constitute promised performances by the CHDO in accordance with Section 4 of this agreement: 1. Exhibit A-l, FY03 Performance Statement 2. ExhibitA-2, FY04 Performance Statement 3. Exhibit 13, Homebuyer Assistance Budget and Project Implementation Schedule 4. Exhibit C, Other Federal Requirements 5. Exhibit D, Certification Regarding Lobbying" Section 10. By execution of this First Amendment, the parties agree to extend the term of the Agreement an additional 6 months, expiring July 31, 2006. Section 11. By execution of this First Amendment, the parties hereby ratify the incor- poration of attached Exhibits A-l, A-2, 13, C, and D into the Agreement and agree to be bound to all terms, conditions, covenants, and certifications contained in the exhibits as if the exhibits had existed and been made a part of the Agreement at execution. Section 12. All terms and conditions of the Agreement not changed by this First Amendment remain the same and in full force and effect. (EXECUTION PAGE FOLLOWS) Page 4 of 5 EXECUTED IN DUPLICATE, each of which is considered an original, on this the day of ,./ut .2005. ATTEST: City Secretary Elizabe.~R. Hundley - / / Assist~l~[ City Attorney ~/ for the City Attorney CORPUS CHRISTI COMMUNITY IMPROyEMENT CORPORATION ~...~o~e K. Noe General Manager NUECES COUNTY.~COMMUNI~t' ACTION Printert'-N~me: ,Jo~ /~ · /'~'~r?~ t~ z~ AGENCY Date: /~)'")~2¢~-) Z ), ?~b S ACKNOWLEDGMENT STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § This instrument was acknowledged before me on ~ ~ / ,2005, by ~'~= ,~%. z'~zm'~wE-~- as the ~x~('~7,/~ /~/)~(~_ (title) of the Nueces County Community Action Agency, a Texas Ro~rofit corporation, ~n behalf of the corporation. (seal) NOTARY 15UBLIC, State of Texas < ~--~ WILLIAM R. HIBB8 II ~' Name: ~~t~.~/~,~ STATE OF TEXAS Page 5 of 5 EXHIBIT A-1 Page 1 of 2 Perfomiance Statement 2003 CHDO funds will be utilized as follows: CHDO will identify, pre-qualify and assist approximately sixteen families with the down payment, principal reduction and closing costs assistance towards the purchase price of newly constructed homes in the City of Corpus Christi, Texas. The income for eligible families must be at or below 80% of Area Family Median Income. However, Nueces County Community Action Agency will comply with the 20% Project Rule that states that 20% of Home assisted units will be at or less that 50% of Area Median Income. The amount of funds set aside for each family is an average between $15,000_00 and $20,000.00. CHDO will provide a Home Ownership Counseling/Training Program to qualified families, prior to closing on the permanent loan. EXHIBIT A-1 Page 2 of 2 % of Median 50% 60% 70% 80% Income # of HH 4 4 3 5 Avg. HH size 4 4 4 4 Max. Income * 23,500 28,200 32,900 37,600 Avg Purchase Price 80,000 80,000 80,000 80,000 Grant 4 X $20,000 = J~ X $19,000 = 3 X $16,000 = 5X $15,000= Amounts** $80,000 $76,000 $48,000 $75,000 * Income guidelines established by HUD subject to change. ** Grant amounts determined by income guidelines. AMI Grant Amount* 80% $15,000 70% $16,000 60% $19,000 50% $20,000 * Grants amortized at $1,000 per year. EXHIBIT A-2 Page 1 of 2 Performance Statement 2004 CHDO funds will be utilized as follows: CHDO will identify, pre-qualify and assist approximately fourteen families with the down payment, principal reduction and closing costs assistance towards the purchase price of newly constructed homes in the City of Corpus Christi, Texas. The income for eligible families must be at or below 80% of Area Family Median Income. However, Nueces County Community Action Agency will comply with the 20% Project Rule that states that 20% of Home assisted units will be at or less that 50% of Area Median Income. The amount of funds set aside for each family is an average between $15,000.00 and $20,000.00. CHDO will provide a Home Ownership Counseling/Training Program to qualified families, prior to closing on the permanent loan. EXHIBIT A-2 Page 2 of 2 % of Median 50% 60% Income # of HH 4 10 Avg. HH size 4 4 Max. Income* 23,500 28,200 Avg. Purchase Price 80,000 80,000 Grant Amounts** 4 X $20,000 = $80,000 10 X $19,000 -- $190,000 *Income guidelines established by HUD subject to change. ** Grant amounts determined by income guidelines. AMI 6O% 50% Grant Amoun¢ $19,000 $2O,OOO * Grants amortized at a $1,000 per year _ ~ E .E EXHIBIT C OTHER FEDERAL REQUIREMENTS CHDO shall comply with all federal, state, and local laws, rules, and regulations applicable to the activities and performances rendered by CHDO under this agreement including, but not limited to, the laws, rules, and regulations specified in Sections I through IV of this Exhibit C. I. CIVIL RIGHTS The Fair Housing Act (42 U.S.C. 3601-20) and implementing regulations at 24 CFR Part 100; Executive Order 11063, as amended by Executive Order 12259 (3 CFR, 1958-1963 Comp., p. 652 and 3 CFR 1980 Comp., p. 307) (Equal Opportun~ in Housing) and implementing regulations at 24 CFR Part 107; and Title VI of the Civil Rights Act of 1964 (42 USC. 2000d) (Nondiscrimination in Federally Assisted Programs) and implementing regulations issued at 24 CFR Part 1; Executive Order 11063, as amended by Executive Order 12259 and 24 CFR Part 107, "Nondiscrimination and Equal Opportunity in Housing under Executive Order 110632 The failure or refusal of CHDO to comply with the requirements of Executive Order 11063 or 24 CFR Part 107 shall be a proper basis for the imposition of sanctions specified in 24 CFR 107.60; The prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101-07) and implementing regulations at 24 CFR Part 146 and the prohibitions against discrimination against handicapped individuals under Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations at 24 CFR Part 8; The requirements of Executive Order 11246 (3 CFR 1964-65, Comp., p. 339) (Equal Employment Opportunity) and the implementing regulations issued at 41 CFR Chapter 60; The requirements of Executive Orders 11625 and 12432 (concerning Minority Business Enterprise), and 12138 (concerning Women's Business Enterprise) consis- tent with HUD's responsibilities under these Orders. Each applicant must make efforts to encourage the use of minority and women's business enterprises in connection with HOME funded activities. The CHDO must prescribe procedures acceptable to the CCCIC to establish activities to ensure the inclusion, to the maximum extent possible, of minorities and women, and entities owned by minorities and women. The CHDO will be required to identify contracts which have been bid by minority-owned, women-owned, and small disadvantaged businesses; The Age Discrimination Act of 1975 (42 U.S.C. §§6101 et seq.); and Section 504 of the Rehabilitation Act of 1973 (29 U.SC., Section 794) and "Nondiscrimination Based on Handicap in Federally-Assisted Programs and Activities of the Department of Housing and Urban Development," 24 CFR Part 6. By signing this agreement, CHDO understands and agrees that the activities funded herein shall be operated in accordance with 24 CFR Part 8 and the Architectural Barriers Act of 1968 (42 U.S.C., Section 4151 et seq.), including the use of a telecommunications device for deaf persons (TDDs) or equally effective communication system. II. LEAD-BASED PAINT Title IV of the Lead-Based Paint Poisoning Prevention Act (42 USC. Sec. 4831). ENVIRONMENTAL STANDARDS Environmental Review Procedures for Title I Community Development Block Grant Programs, 24 CFR Part 58, as amended in 47 Fed. Reg. 15750 (April 12, 1982); National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et seq.) and 40 CFR Parts 1500-1508; The National Historic Preservation Act of 1966 (16 U.S.C. Sec. 470 et seq.) as amended, particularly Section 106 (16 U.S.C. Sec. 4700; Executive Order 11593 Protection and Enhancement of the Cultural Environment, May 13, 1971 (36 Fed. Reg. 8921), particularly Section 2(c); The Reservoir Salvage Act of 1960 (16 U.S.C. Sec. 469 et seq.), particularly Section 3 (16 U.S.C. Sec. 469aq), as amended by the Archeological and Historic Preservation Act of 1974; Flood Disaster Protection Act of 1973, (42 U.S.C. Sec. 4001 et seq.) as amended, particularly Sections 102(a) and 202(a) (42 U.S.C. Sec 4012a (a) and Sec. 4106(a)); Executive Order 11988, Floodplain Management, May 24, 1977 (42 Fed. Reg. 26951), particularly Section 2(a); Executive Order 11990, Protection of Wetlands, May 24, 1977 (42 Fed. Reg. 26961), particularly Sections 2 and 5; The Coastal Zone Management Act of 1972. (16 USC. Sec. 1451 et seq.) as amended, particularly Section 307(c) an (d) (16 U.SC. Sec. 1456(c) and (d)); The Safe Drinking Water Act of 1974, (42 U,S.C. Sec. 201. 300(0 et seq.), and (21 U.S.C. Sec. 349) as amended, particularly Section 1424 ((e) (42 USC. Sec. 300h- 303(e)); The Endangered Species Act of 1973, (16 U.S.C. Sec. 1531 et seq.) as amended, particularly Section 7 (16 U.S.C. Sec. 1536); The Wild and Scenic Rivers Act of 1968, (16 U.S.C. Sec. 1271 et seq.) as amended, particularly Section 7(b) and (c)(16 U.S.C. Sec. 1278(b) and (c)); The Clean Air Act (41 U.S.C. Sec. 7401 et seq.) as amended, particularly Section 176(c) and (d) (42 U.S.C. Sec. 7506(c) and (d)); Farmlands Protection and Policy Act of 1981, (7 U.S.C. Sec. 4201 et seq.); and 24 CFR Part 51, Environmental Criteria and Standards. IV. ACQUISITION/RELOCATION The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C., Sec. 4601 et. seq.), 49 CFR Part 24 and 24 CFR Section 570.496a (55 Fed. Reg. 29309 (July 18, 1990)). EXHIBIT D Certification Regarding Lobbying for Agreements, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of its knowledge and belief, that: 1. No federal appropriated funds have been paid or will be paid by or on behalf of the undersigned to any person for influencing or attempting to influence an officer or employee of an agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal agreement, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, or the modification of any federal agreement, grant, loan, or cooperative agreement. 2. If any funds other than federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an em- ployee of a member of Congress in connection with this federal agreement, grant, loan, or cooperative agreement, the undersigned shall complete and submit standard form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subagree- ments, subgrants, and agreements under grants, loans, and cooperative agreements) and that the CHDO shall certify and disclose accordingly. This certification is a material representation of fact on which reliance was placed when this transaction was made or entered into, Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S,C. § 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. NUECES COUNTY COMMUNITY ACTION AGENCY Printed name Title /)}:~'(p ..~, ?~.~- Date