HomeMy WebLinkAboutAgreement A-23-530 First Amendment to Agt. w Habitat for Humanity Fresno.pdf Agreement No. 23-530
1 CORONAVIRUS STATE LOCAL FISCAL RECOVERY FUNDS
2 AMENDMENT NO. TO SUBRECIPIENT AGREEMENT
3 This Amendment No. 1 to Subrecipient Agreement ("Amendment No. 1") is dated
4 October 10, 2023 and is between Habitat for Humanity Fresno, Inc., a California nonprofit
5 501(c)(3) corporation whose address is 4991 East McKinley Avenue, Fresno, CA 93727
6 ("Subrecipient"), and the County of Fresno, a political subdivision of the State of California
7 ("County").
8 Recitals
9 A. On March 11, 2021, the President signed into law the American Rescue Plan Act of 2021
10 ("ARPA") which established the Coronavirus State and Local Fiscal Recovery Funds ("SLFRF")
11 Program.
12 B. The ARPA authorizes the County to expend SLFRF awarded to the County for certain
13 eligible purposes, including to respond to the negative economic impacts of the COVID-19
14 pandemic on housing security for disproportionately impacted communities.
15 C. On June 7, 2022, the County and the Subrecipient entered into a subrecipient agreement,
16 which is County agreement number 22-224 ("Agreement"), to offset unanticipated construction
17 costs of seven affordable homes in the community of Firebaugh (Program).
18 D. The Subrecipient represents that after the execution of the Agreement, the City of
19 Firebaugh (City) completed significant upgrades to the water system (storm drainage) in the
20 surrounding area where the Subrecipient will construct the seven affordable homes and
21 eliminated the need for the Subrecipient to install a costly stormwater lift station as a condition to
22 construct the affordable homes. Instead, the Subrecipient will need to backfill an existing ponding
23 basin and install a gravity drainage system that will serve and benefit the planned neighborhood.
24 E. The Subrecipient represents that the backfill ponding basin, the inclusion of a gravity
25 drainage system, and connection to the City's water system will allow the Subrecipient to
26 construct the initial seven homes, and to also leverage other state and federal support to fund
27 Phase ll, which is planned to construct an additional estimated 15 to 18 homes that will provide
28 opportunity for ownership to low income working families.
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1 F. The Subrecipient applied to the County for additional funding during the second-round
2 open application solicitation period to request additional SLFRF support from the County.
3 G. On August 22, 2023, the County Board of Supervisors unanimously approved the
4 Second Round Award List which earmarked five hundred seventy-three thousand, two hundred
5 dollars ($573,200) in additional SLFRF funding for the Subrecipient's Backfill Retention Basin,
6 which will cover costs for backfilling the ponding basin, planning, site preparation and grading,
7 materials for sanitary sewer, water distribution, storm drainage improvements, and connection
8 to the City's water system in support of constructing seven affordable homes in the City, and to
9 help the Subrecipient leverage future funding anticipated to yield an additional estimated 15 to
10 18 affordable homes in Subrecipient's Phase II of the project, as mentioned in Section E above.
11 H. The County and the Subrecipient now desire to amend the Agreement to revise the
12 Program's expenditure plan, which will accommodate the changes described above and allow the
13 County's Administrative Officer or designee to approve minor budgetary modifications as needed
14 and appropriate.
15 I. The parties therefore agree as follows:
16 1. All references to"Exhibit B" in the Agreement shall be amended to refer to"Revised Exhibit
17 B." The Revised Exhibit B is attached to this Amendment No. 1 and incorporated by this
18 reference.
19 2. All references to"Exhibit C" in the Agreement shall be amended to refer to"Revised Exhibit
20 C." The Revised Exhibit C is attached to this Amendment No. 1 and incorporated by this
21 reference.
22 3. All references to "Habitat for Humanity Fresno Incorporated" in the Agreement shall be
23 amended to refer to Habitat for Humanity Fresno, Inc.
24 4. The recitals located on page 2, lines 19-22 shall be deleted in their entirety, and replaced
25 with the following:
26 "WHEREAS, SUBRECIPIENT represents that it selects rural families that meet the
27 eligibility of the SUBRECIPIENT's Housing program, which follows HUD's AMI eligibility
28 for potential buyers who, because of their income, are unable to afford the down-payment
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1 requirements that traditional mortgage lending companies require to purchase a home,
2 including mortgage down-payment assistance;"
3 5. The recitals located on page 3, lines 4-14 shall be deleted in their entirety, and replaced
4 with the following:
5 "WHEREAS, SUBRECIPIENT represents that SLFRF provided under this Agreement will
6 assist with unanticipated construction costs of$1,363,200, consisting of$790,000 for the
7 construction of seven affordable homes, which costs include administrative fees,
8 engineering fees, legal fees, permitting costs, environmental review costs, and construction
9 costs to construct the seven-affordable homes in Firebaugh, as shown on Table 1-1 of
10 Revised Exhibit B, and $573,200 for the construction costs to backfill an existing ponding
11 basin, with the inclusion of a gravity drainage system, on a property adjacent to the 7-unit
12 development, as described on Table 1-1 of Revised Exhibit B.
13 WHEREAS, based on SUBRECIPIENT's representations stated herein, COUNTY will grant
14 SLFRF to SUBRECIPIENT to assist with unanticipated construction costs in the amount of
15 $1,363,200, so that SUBRECIPIENT may increase the supply of affordable and high-quality
16 living units in Firebaugh with SUBRECIPIENT's project to construct seven-affordable homes
17 in the City of Firebaugh, to be made available to, and benefit, families who meet the income
18 requirements of the SUBRECIPIENT's Housing program, who are each willing to contribute
19 500 hours of"sweat equity" to help build their own homes, and so that SUBRECIPIENT may
20 backfill an existing ponding basin, with the inclusion of a gravity drainage system, and
21 connection to the City's water system on a property adjacent to the seven affordable homes,
22 to help the Subrecipient leverage future funding anticipated to yield an additional estimated
23 15 to 18 affordable homes in Subrecipient's Phase II of the project ("Program"); and"
24 6. Subsection D of Section 1, located on page 4, lines 12-16 shall be deleted in its entirety,
25 and replaced with the following:
26 "SUBRECIPIENT represents that it intends to use these SLFRF to assist with unanticipated
27 construction costs of $1,363,200, of which $790,000 will be used for costs including, but not
28 limited to: administrative fees, engineering fees, legal fees, permitting costs, environmental
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1 review costs, and construction costs as shown on Table 1-1 of Revised Exhibit B, attached
2 and incorporated by this reference, for the construction of seven-affordable homes in the City
3 of Firebaugh. The remaining $573,200 will be used for the construction costs to backfill an
4 existing ponding basin with the inclusion of a gravity drainage system and connection to the
5 City's water system on an adjacent property to the 7-unit development, as shown on Table 1-
6 1 of Revised Exhibit B."
7 7. A portion of Section 13, Grant Funding/Compensation, of the Agreement, located on page
8 15, lines 18-24, shall be deleted in its entirety, and replaced with the following:
9 A. The parties understand that funding for this Agreement is SLFRF provided pursuant to
10 ARPA, codified at Title 31 CFR Part 35, and any amendments thereafter. COUNTY agrees to
11 grant SUBRECIPIENT, and SUBRECIPIENT agrees to receive such grants, up to the total
12 SLFRF grant, in an amount not to exceed one million, three hundred sixty-three thousand, two
13 hundred dollars ($1,363,200). It is expressly agreed and understood that the total amount of
14 SLFRF to be granted by COUNTY to SUBRECIPIENT for the Program shall not exceed one
15 million, three hundred sixty-three thousand, two hundred dollars ($1,363,200)."
16 8. Section 15, Modification, of the Agreement, located on page 18, line 7 through 8, is deleted
17 in its entirety, and replaced with the following:
18 "Any matters of this Agreement may be modified from time to time by the written consent of
19 all the parties without, in any way, affecting the remainder. Changes to line items established
20 in Revised Exhibit B, which, when added together during the term of the Agreement do not
21 exceed ten percent (10%) of the total maximum compensation payable to Subrecipient, may
22 be made with the written approval of Subrecipient and County's Administrative Officer or
23 designee. These modifications shall not result in any change to the maximum compensation
24 amount payable to Subrecipient, as described in Section 13, herein."
25 9. A portion of Exhibit A, located on page 26, lines 11-17, is deleted in its entirety, and
26 replaced with the following:
27 "SUBRECIPIENT targets, through its self-help program, rural families that meet the eligibility
28 requirements of the SUBRECIPIENT's housing program, which restricts the eligibility of
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1 potential buyers to those who are at or below eighty percent (80%) of the AMI for Fresno
2 County, as reported by HUD, and who have a willingness to invest volunteer hours of labor to
3 construct their future home. SUBRECIPIENT represents that SLFRF provided under this
4 Agreement will assist with unanticipated construction costs of $790,000, which costs shall
5 include administrative fees, engineering fees, legal fees, permitting costs, environmental
6 review costs, and construction costs, as shown on Table 1-1 of Exhibit B, to construct the
7 seven-affordable homes in Firebaugh, and $573,200 for construction costs to backfill an
8 existing ponding basin with the inclusion of a gravity drainage system and connection to the
9 City's water system on a property adjacent to the 7-unit development, as shown on Table 1-1
10 of Revised Exhibit B, which will help the Subrecipient leverage future funding anticipated to
11 yield an additional estimated 15 to 18 affordable homes in Subrecipient's Phase II of the
12 project. Construction of the affordable homes will improve access to stable, affordable housing
13 including the supply of high-quality living units, and will increase long-term housing security
14 and support durable and sustainable homeownership for low and moderate-income working
15 families in the County."
16 8. When both parties have signed this Amendment No. 1, the Agreement and this
17 Amendment No. 1 together constitute the Agreement.
18 9. The Subrecipient represents and warrants to the County that:
19 a. The Subrecipient is duly authorized and empowered to sign and perform its obligations
20 under this Amendment No. 1.
21 b. The individual signing this Amendment No. 1 on behalf of the Subrecipient is duly
22 authorized to do so and his or her signature on this Amendment No. 1 legally binds the
23 Subrecipient to the terms of this Amendment No. 1.
24 10. The parties agree that this Amendment No. 1 may be executed by electronic signature as
25 provided in this section.
26 a. An "electronic signature" means any symbol or process intended by an individual
27 signing this Amendment No. 1 to represent their signature, including but not limited to
28 (1) a digital signature; (2) a faxed version of an original handwritten signature; or (3)
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1 an electronically scanned and transmitted (for example by PDF document) version of
2 an original handwritten signature.
3 b. Each electronic signature affixed or attached to this Amendment No. 1 is deemed
4 equivalent to a valid original handwritten signature of the person signing this
5 Amendment No. 1 for all purposes, including but not limited to evidentiary proof in any
6 administrative or judicial proceeding, and (2) has the same force and effect as the valid
7 original handwritten signature of that person.
8 c. The provisions of this section satisfy the requirements of Civil Code section 1633.5,
9 subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part
10 2, Title 2.5, beginning with section 1633.1).
11 d. Each party using a digital signature represents that it has undertaken and satisfied the
12 requirements of Government Code section 16.5, subdivision (a), paragraphs (1)
13 through (5), and agrees that each other party may rely upon that representation.
14 e. This Amendment No. 1 is not conditioned upon the parties conducting the transactions
15 under it by electronic means and either party may sign this Amendment No. 1 with an
16 original handwritten signature.
17 11. This Amendment No. 1 may be signed in counterparts, each of which is an original, and
18 all of which together constitute this Amendment No. 1.
19 12. The Agreement as amended by this Amendment No. 1 is ratified and continued. All
20 provisions of the Agreement and not amended by this Amendment No. 1 remain in full force and
21 effect.
22 [SIGNATURE PAGE FOLLOWS]
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1 The parties are signing this Amendment No. 1 on the date stated in the introductory
2 clause.
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HABITAT FO,R HUMANITY FRESNO, INC. COUNTY OF FRESNO
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6 Ste , 'Jones, Board P,res4dent of the S Qu t ro, airman of the Board of
Board of Directors oft Habitat for S iso the County of Fresno
7 Humanity Fresno, Inc.
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9 V'--- Attest:
Ashley Hedemann, Chief Executive Officer Bernice E. Seidel
10 Habitat for Humanity Fresno, Inc. Clerk of the Board of Supervisors
County of Fresno, State of California
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12 4991 E. McKinley Avenue By:
Fresno, CA 93727 Deputy
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For accounting use only:
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Org: 1033
16 Fund: 0026
Subclass: 91021
17 Account: 7845
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Revised Exhibit B
Revised Subrecipient Expenditure Plan
SLFRF to be granted by the County to Subrecipient for the Program shall not exceed
one million three hundred sixty-three thousand two hundred dollars ($1,363,200) to help fund
construction costs for two separate developments in Firebaugh, both of which comprise the
Program being funded, and both of which will provide opportunity for affordable home ownership
to low income working families in the community of Firebaugh.
Subrecipient shall submit written drawdown requests to the County for the payment of
eligible necessary expenses in support of the Program. Drawdown requests for the County to
make such payments shall be in accordance with the sample Drawdown Request Form in this
Revised Exhibit B. All drawdown requests shall clearly indicate whether funds will be used for
the seven unit development or the backfill of an existing ponding basin to aid an additional
estimated 15 to 18-unit development) and shall provide all appropriate supporting
documentation including copies of purchase orders, receipts, and reimbursement requests,
detailing invoices payable or already paid, and expenses incurred or anticipated to be incurred
in support of the Program for eligible items listed in Table 1-1 of this Revised Exhibit B.
B-1
Revised Exhibit B
Table 1-1, Revised Expenditure Plan
Construction Soft Costs
Planning(BDY/Topo/Survey/TTM)
Environmental Assessment
Civil Engineering Plans,Maps,Improvement Plans
Legal
Geotechnical&Soils Study
Utilities Consultant Will fund soft expenses in support of the
Administrative Title Service Fees project,including but not limited to;site
Development Consultants planning,environmental,civil engineering,
Impact surveying,legal expenses,utilities planning,
Regional Transportation Mitigation Fee(RTMF) $ 515,701 consulting studies,project permits,city impact
School fees,school fees,transportation fees,plans,
Horizontal Permits architecture,water conservation efforts,
Site Plan/Engineering/Architecture insurance cost,and expenses related to sale of
Building Plan Check the affordable homes.
Building Permits
Model Water Efficient Landscape Ordinance(MWELO)Plans/Permits
Escrow Fees
Insurance
Miscellaneous Vertical Soft Costs
Horizontal Hard Costs
Clearing,Maintenance,Demo
Grading/Staking Will fund horizontal hard costs related to site
Electric preparation work,demo,grading,rights-of-
Streets $ 104,200 way,utilities,site safety and security such as
fencing,walls,and work related to the storm
Walls/Fencing/Repairs(Subdivision,Retaining Walls) water pollution prevention work.
Storm Water Pollution Prevention Plan(SWPPP)Work
Vertical Hard Costs
Rough Plumbing Will fund direct construction cost included but
not limited to rough trades,plumbing,cement,
$ 126,000 foundation,and similar expenses in support of
Foundation the affordable homes.
Backfill Ponding Basin
Will fund expenses to backfill the ponding
basin,including but not limited to labor,
Backfill Ponding Basin,Gravity Storm drainage,Connection to Water $ 573200 material,supplies, equipment to install a
System Costs , gravity storm drainage system that would
connect to the City's systems,and any related
plan costs and permit fees.
Project Administation
Will account for unanticipated expenses that
Project Contingency Line Item $ 44,099 may have not been accounted for in line-item
estimates.
Grant Total $ 1,363,200
B-2
Revised Exhibit B (continued)
ARPA-SLFRF Payment Request Form
Date: lick or tap to enter a date.
County of Fresno
ARPA-SLFRF Coordinator
2281 Tulare St, Rm 304
Fresno, CA 93721
Agreement No: ##-###
Program: Title of Program
Subrecipient Name
Subrecipient Remittance Address
Subrecipient Remittance Address City, CA Zip Code
UEI: Unique Entity ID #
Service Period: E.G., January 1, 2023 — March 31, 2023
Drawdown or Reimbursement Request: Amount Requested (E.G., $100,000.00)
Line Item Payee/Vendor Invoice/Reference# Amount
Total:
I certify that this request for payment is consistent with the amount of work that has
been completed to date, detailing items purchased, and expenses incurred or
anticipated to be incurred in support of the Program in accordance with the Subrecipient
Table 1-1 or Table 1-2 Expenditure Plan (Revised Exhibit B) documented in the
executed agreement referenced above, and as evidenced by the enclosed invoices and
supporting documents.
Sincerely,
Authorized Signee Title
Signee Name
B-3
Revised Exhibit C
Subrecipient Quarterly Program Expenditure Report (Template)
PROGRAM
Identifying and demographic Agreement Number:
information (DUNS):
Name of Entity: Program Name:
Reporting Period Start Date: Reporting Period End Date:
Expenditure Category: 2 Negative Economic Impacts
Total Award: $1,363,200 Remaining Balance:
EXPENDITURES
Category
Expenditures Obligations Period Period
. . . Obligations
2 E.C. Negative Impacts
2.15 Long-term Housing
Security: Affordable
Housing
TOTAL
PROJECT STATUS
Describe program achievements and upcoming milestones:
Quarterly Status Report, select one.
Not started
completed less than 50 percent
completed more than 50 percent
Completed
AUTHORIZED SIGNATURE
Prepared by: (print name) Date
C-1