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HomeMy WebLinkAbout23 - Professional Services Agreements - HRDC - Community Housing Program First Amendment to Professional Services Agreement for Community Housing Program FY 2023 – FY 2024 Page 1 of 2 FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR Community Housing Program dated August 23, 2022 (the “Agreement”) is made and entered into this _____ day of ____________, 2023, by and between the CITY OF BOZEMAN, MONTANA, a self governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and Human Resource Development Council of District IX (HRDC), hereinafter referred to as “Contractor.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree to amend the Agreement as follows: 1. Extension of Term. Section 2 of the Agreement is extended for an additional one (1) year period. The Agreement shall terminate on June 30, 2024. 2. Updated Scope of Services: The attached scope of service will provide the price for services breakdown to govern the extended term. 3. Agreement still valid. All remaining terms and provisions of the Agreement remain valid. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** DocuSign Envelope ID: 7045FCA1-D9EB-4BE8-AC96-372AC712F577 27th June First Amendment to Professional Services Agreement for Community Housing Program FY 2023 – FY 2024 Page 2 of 2 IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. CITY OF BOZEMAN, MONTANA HRDC By________________________________ By_____________________________ Jeff Mihelich, City Manager Print Name: Heather Grenier Title: President / CEO APPROVED AS TO FORM By_______________________________ Greg Sullivan, Bozeman City Attorney DocuSign Envelope ID: 7045FCA1-D9EB-4BE8-AC96-372AC712F577 Professional Services Agreement for Community Housing Program Scope of Services July 1, 2023, to June 30, 2024 HUD Certified Homebuyer Education Class – $20,000 HRDC will provide a minimum of 18 homebuyers' classes in the City of Bozeman annually. HRDC's homebuyer’s education course provides an important first point of entry for many residents seeking affordable ownership and is a requirement of all potential homebuyers in the City of Bozeman's Affordable Housing Program. HRDC will provide an 8-hour comprehensive homeownership education course directed by a HUD-approved housing counselor. Topics covered will include advantages and disadvantages of home ownership, assessing homeownership readiness, understanding credit, managing finances, the mortgage process, programs for first-time home buyers, shopping for a home, lender, and a realtor, closing the deal, home maintenance, and post purchase concerns. HRDC will provide the course free of charge and allow all interested potential homebuyers to attend. The Homebuyer Education Class schedule and instructions for attending will be published on HRDC's website, and via HRDC's social media channels. It will also be sent by email to industry partners. A course flyer and schedule are also inserted into internal and external newsletters distributed by HRDC. Pre-Purchase Counseling, Buyer Qualification, Marketing, and Record Keeping – $20,000 Pre-purchase counseling: HRDC's HUD-certified counselors will provide pre-purchase counseling on an individual basis to all persons interested in becoming buyers qualified to purchase a home using City and other related programs. HRDC's pre-purchase counseling will help potential buyers better understand their specific home buyer readiness and identify any barriers to successful and sustainable home ownership. HRDC will assist potential buyers with budgeting, credit, home search, financing, low- interest loan and other subsidy programs, home care and maintenance, purchase procedures, closing, RESPA, loan document review services, terms, and other necessary aspects to purchasing a home. As part of the initial counseling session, HRDC will provide all participants in the counseling session with HUD required materials and disclosures. Buyer Qualification: During pre-purchase counseling, HRDC will evaluate potential buyers for eligibility for possible down payment assistance and secondary lending opportunities which may be available locally through the City of Bozeman's Community Housing Program and the HOME Program Homebuyer Assistance Program in partnership with the Montana Department of Commerce. Qualified Home Buyer Pool: HRDC will maintain a pool of potential qualified home buyers for income brackets as agreed upon with City staff upon review of potential projects. HRDC will notify qualified potential buyers of new home ownership opportunities as they are made available and work with developers of housing to help them understand the needs and resources of households DocuSign Envelope ID: 7045FCA1-D9EB-4BE8-AC96-372AC712F577 on the list. HRDC will also partner with developers and builders to develop affordable housing plans for submittal to the City. Mechanism Monitoring/Management for Long-term Affordability – $11,000 HomeKeeper System Management, Maintenance, and Data Sharing HRDC will provide and maintain a license for HRDC and the City to use HomeKeeper software (or such alternate software program City consents to in writing) to track applicant eligibility data, and demographics. City's license to use the software must allow the City to access information related to the home buyers, and other records HRDC is required by this Agreement to provide to the City that are stored in the software program. HRDC represents and warrants it has the right under its software license for the City's use of the software as described in this Agreement, and City's use will not infringe on the rights of any third party. Loan Origination/Deed Restriction/Lien Documents HRDC will provide trained professionals to work with local real estate agents, lenders, and title agents to ensure that the home purchase process requirements of below-market homes created by developers in exchange for incentives offered by the City of Bozeman meet applicable program requirements, including down payment assistance, is completed efficiently and in compliance with program regulations. HRDC will provide services related to loan origination, deed restriction, and lien documentation and recordation in accordance with City guidelines. Monitoring and Compliance HRDC will provide monitoring for and verify homeowner compliance with the ownership requirements for homes produced under the previous AHO and under related affordable housing plans provided by developers, including use as primary residence and occupancy requirements. HRDC will request homeowners provide documentation proving compliance on an annual basis. Deed Re-conveyance/Subsidy Recapture at Resale Upon a recapture or re-conveyance event as described in the City's recorded lien documents, HRDC will work closely with homeowners, lenders, realtors, and title agents to ensure that all the terms of the loans are met and a payoff amount is calculated, collected, and understood by all parties. Copies of the finalized documentation will be sent digitally to the City’s representative for review. Funds obtained by HRDC in performing the recapture process will be transferred to the City within 90 days of receipt by HRDC. Community Development Director staff time (approximately 200 hours/year) – $9,000 HRDC’s Community Development Director (CDD) works closely with City staff to provide additional capacity regarding affordable housing best practices and updated program guidance. The CDD helps staff to respond to inquiries from developers of subsidized and market rate housing, provides technical assistance to housing developers and non-profits, and assists citizens seeking affordable housing resources with information and access to services. The CDD also works to build a more sustainable community by focusing on the relationships between DocuSign Envelope ID: 7045FCA1-D9EB-4BE8-AC96-372AC712F577 affordable housing, economic and workforce development, and transportation systems within the city. The CDD connects City staff to agency data relevant to creating and updating the City of Bozeman Consolidated Plan. Record Keeping and Reporting: HRDC will provide the City with the following records and reports within the following timeframes. HRDC may also make the records available to the City Representative in the HomeKeeper or other tracking software it provides under this Agreement. Records and reporting requirements may be adjusted by the City in writing. 1. Recapture documentation, including each recapture due, payment by the homeowner, and transfer of the payment to the City – Quarterly 2. Reporting and invoices for services rendered - Quarterly ▪ Number of Home Buyer Education classes ▪ Number of participants in Home Buyer Education classes ▪ Number of pre-purchase counsels ▪ All other activities performed under PSA 3. Documents evidencing Owner Occupancy of Affordable Homes will be stored in Homekeeper - Annually Scope of Services Summary: HUD Certified Homebuyer Education Class – $20,000 Pre-Purchase Counseling, Buyer Qualification, Marketing, and Record Keeping – $20,000 Mechanism Monitoring/Management for Long-term Affordability – $11,000 Community Development Director staff time (approximately 200 hours/year) – $9,000 TOTAL: $60,000 DocuSign Envelope ID: 7045FCA1-D9EB-4BE8-AC96-372AC712F577