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Home My WebLink About2013/09/10 Item 10 � �- -��._:>..�_:-a r�yFr� --.�-�_�� C I T Y C O U N C I L _3 r d>. � . _ `�~-f� � _ :..�=s� � AGENDA STATEMENT � .; - � ..::�� Q�,� �\ili cinoF '�`CHULA VISiA September 10, 2013, Item L� ITEA'I TITLE: RESOLUTION OF THE CITY COL�'CIL OF THE CITY OF CHULA VISTA (1) AUTHORIZI�i TG THE CtTY A4.AI�'AGER OR HIS DESIGNEE TO EXECliTE �\' AGREEn4ENT �\iD NECESSARY AIvLENDMENTS. AS rTEEDED. FOR CONSULTII�TG SERVICES BET�'�'EEI�' COI��Il1N\TIT1' HOUSING\�jORKS REALTY Ai\'D I;EI�'DIi�iG AI�'D THE CITY OF CHLJLA VISTA TO ADMIi�TISTER THE FIRST TIA4E HOn�EBUl'ER ASSISTANCE PROGRAI�4; (2) AUTHORIZII�'G THE PURCHASII�iG AGENT TO EXECUTE FOUR ONE-YEr1R OPTIO\'S TO EXTE\D THE AGREEMENT; AI�TD (3) AUTHORIZII�iG THE DIRECTOR OF DEVELOPngNT SERVICES OR HIS DESIGNEE TO EXECUTE AI�'D aME\'D Ai�il' AI�TD ALL FIRST TIn1E HOAgBUYER PROGRAI�4 DOCUIvIEi�'TS SLBil7ITTED BP: DIRECTOR OF DEVELOPA�IEI�'T SERVICES �J REVIE«'ED BI': CITY n�'AGER .p,n�r Sp5 �`fyl Y� / 4/STHS VOTE: YES � NO CI BACKGROliND The Cih� of Chula \'ista (`Cin� -) issued a Request for Proposals ("RFP") for the manaeement of the Cin�'s First Time Homebu}�er Assistance Program (`Program") throueh the Citv`s Planet Bids s��stem. One response ��=as recei��ed by Communit� HousingWorks Realty and Lending (CH�4' R&L). CH«' R&L has vast experience in homebuver education. counselina. homebuver assistance. communiri� outreach. and has managed the Cin� s First Time Homebuqer Proeram since 2007. EN�'IRONA'IE\�TAL REVIE�Y 7�he En��ironmental Revie�� Coordinator has revieN�ed the proposed action for compliance ��ith the I�Tational Environmental Protection Act (NEPA) due to the use of Federal funds and has determined that pursuant to Section �8.30 (b); Subpart D, Title 24 of the Code Federal Regulations. further re��iew and environmentai determination as appropriate. ��ill be required for each project as it is identified. Thus, no further NEPA em�ironmental re��ie��or documentation is necessarv at this tune. 10-1 September 10, 2013, Item �� Page 2 of 4 RECOMMENDATION Council adopt the resolution. BOARDS/COMA4ISSION RECOMAZENDATION I�'ot applicable. DISCUSSION As part of its commitment to provide homeowership opporiunities to its residents, the City has continuously funded various types of first time homebuyer programs, including a do�m payment and closing cost assistance program known as the City's First Time Home Buyer Program (FTHB). The FTHB is currently funded through the federal HOME lnvestment Partnership Program (HOME) Program and provides assistance to low-income homebuyers eaming at or below 80% of the Area Median Income, currently $64,500 for a family of four. The City of Chula Vista has.contracted with a third party administrator for the FTHB since 2007. Administration of a first time homebuyer program requires specialized knowledge in loan underwriting and lending practices. By contracting out for these services, the Ciry provides cost-effective program delivery and assistance from qualified and experienced third-party professionals in this l�ighly specialized field. In July 2013, an RFP was issued for agencies interested in administrating the FTBH on behalf of the City. Although seven parties downloaded a copy of the RFP through the City's Planet Bids, only one aeency, Community HousingWorks Realty and Lending (CHW R&L), subinitted a response by the deadline. CHW R&L has vast experience in homebuyer education, counseline; homebuyer assistance, and community outreach. They provide services on behalf of the cities of Carlsbad, National City and Santee. CHW R&L has managed the Cit��'s First Time Homebuyer Program since 2007. This action approves the contract with CHW R&L utilizing the available fund balance and authorizes the purchasing agent to execute four (4) additional one-year options, for a maximum authorized amount of $556;000 for administrative expenses and first time homebuyei assistance. CHW as Administrator: CHR� R&L is a non-profit organization, which provides a full range of housing options combined with training and support. They offer homebuyer loans, as well as homebuyer education and counseling to lo��er income, first-time homebuyers through a Full-Cycle Lending system. Full-C��cle Lending promotes homebuyer education, property rehabilitation semices, and post-purchase counseling. This system supports homebuyers before, during, and afrer home purchase, ensuring lond term success in homeo�a�nership. CHW Rc4,L also offers the Realty sen�ices, first mortgage loans and refinances, and financial fitness classes. 10-2 September 10. 2013; Item� Paee 3 of 4 Throuoh its parcnership �7th banks; local municipalities; and in��estors that support do��n payment assistance pro�rams, CH�I% R&L has been able to close 207 loans in the last nvo �eazs. Overall. thev have assisted over 1.000 first time low-income homebuvers across San Diego. Their loan fund has an excellent repa��ment histor�� and a lo"� default rate. CH�4% has managed the Cit}�'s First Time Homebuyer since 2007 and has helped over 49 households to purchase homes in the Cin�of Chula Vista. Scooe of\Vork: The follo��ine itemizes the proposed scope of work to be performed b}� Communin� Housin¢�4'orls Realtv and Lendin�: • Consultant ��ill cazn� out the pro�ram usins the Cit�� of Chula Vista First Time Homebu�°er n4anual. It is anticipated the Consultant ��ill assist_��ith updates to the pro�ram and correspondine Program Manual. • Consultant �»ll provide nei�hborhood ouveach via flyers and brochures in various locations of hieh civic traffic in the Cirv of Chula Vista. In addition, the consultant ��ill indude materials on the Chula Vista proaram in their Counn�-��ide mazketing materials, e�=ent participation and orientation seminars. • Consultant �vill continue to pro��ide theu Certified Home Bu��er Education in Enalish and Spanish for interested residents of Chula V ista. • Consultant ��Rll continue to pro��ide Pre- and Post-Purchase Counseling to residents of Chula Vista. The consultant �iTill monitor all Chula Vista loan pro�ram portfolio clients and provide specialized outreach for foreclosure counseline and homeo��nership presen�ation. • Consultant ��ill administer the Chula Vista loan pro�ram accordine to the prooram guidelines. including but not limited to: ranking applications for the proQram; unden��ritine; loan document preparation and loan dosins. The consultant ��ill further pro�ide one-on-one in person client intal:e and applications for the Chula Vista homebu��er assistance. • Consultant ��ill service the loans made on behalf of Chula Vista throuah this proeram accordina to standard loan sen icing policies and procedure. • Consultant �rill further provide annual monitoring and reportino for o��ner occupanc��; as ��ell as all pay-offs; subordinations, safe-deposit original documents and annual public/im�estor audits. • Consultant ��ill leverage the City First Time Homebuyer program funds �vith other available homebuver assistance including but not limited to A4ort�aoe Credit Certificate Program; Cal-HFA's CHDAP pro�ram. 10-3 September 10, 201�, ]tem �� Paee 4 of 4 DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently, the 500-foot rule found in Califomia Code of Regulations section 18704.2(a)(1) is not applicable to this decision. Staff is not independently aware, nor has staff been informed by any City Councilmember, of any other fact that ma�� constitute a basis for a decision maker conflict of interest in this matter. CURRENT YEAR FISCAL IMPACT There is no fiscal impact as the HOME proQram is revenue offset by the grant funds. The use of the grant funds was already approved by City Council and appropriations ��ere included in the FY 2014 budget - - ONGOING FISCAL IMPACT There is no ongoing fiscal impact to the Citys General Fund as project and staff costs are covered by the grants. ATTACHMENTS 1. Two Party Agreement Prepared by: ,Jose Dorado, Projeci Coordi�xa�or, Dei�elopnze�xt Services Department, Housing Division 10-4 COUi�'CIL RESOLUTIO\'N0. RESOLUTION OF THE CITY COU�'CIL OF THE CITY OF CHULA VISTA (1) AUTHORIZING THE CITY ?�tiA_\'AGER OR HIS DESIGNEE TO EXECUTE .AN AGREEME\'T AND NECESSARY AA4ENDMEI�'TS. AS NEEDED. FOR CO\iSULTING SERVICES BET\IjEEN COA4MiJNIT1' HOUSI?�'G��'ORKS REALTY AI�iD LE\'DING A_�TD THE CITY" OF CHULA VISTA TO ADMII�iISTER THE FIRST TIME HOA4EBUYER ASSISTANCE PROGRAM; (2) AliTHORIZI1�iG THE PURCHASI�'G AGENT TO EXECliTE FOUR O\TE-YEAR OPTIOI�'S TO _EXTEND THE AGREEA�ENT; AND (3) AUTHORIZII�'G THE DIRECTOR OF DEVELOPMENT SERVICES OR HIS DESIGNEE TO EXECUTE AND AA4END Al�'Y A\�D ALL FIRST TI�-fE H01�4EBU1'ER PROGRAD4 DOCUA4ENTS \V-HEREAS; on May 1, 2012 Council adopted Resolution No. 2012-073 �vhich added funding for a First-time Homebuyer (FTHB) Proeram to assist low-income homebu��ers; and R'HEREAS; the approved pro2ram provided a maximum silent second loan of up to 570,000 available to qualified first-time homebu��ers at zero percent (0%) interest rate; and W7-IEREAS; the Cit}� is desirous of contractine with Communitv Housing�Vorks.Realtv and Lendin2 to assist in revising various elements of the proeram includin� the maximum loan amount to reflect current market conditions as ��ell as administer the proeram; and \l'HERE.AS. the Ciri� is desirous of contractin¢ �;�ith Communitv Housine�\'orks Realrv and Lendine for one yeaz H�ith an option to extend bv mutual agreement for up to four years; in one-ti�ear increments. A cop�� of said Agreement, in substantial form, is on f le ��ith the City Clerks Office. NO�'�'. THEREFORE. BE IT RESOLVED bv the Citv Council of the Citv of Chula Vista. that it: (1) Authorizes the City A4anaeer or his designee. including the Purchasing Aoent to execure the Aereement and necessarv amendments. as needed. for consultine services bet�veen Communit�� Housine��'orks Realtv and Lending and the Cirv of Chula Vista to administer the First Time Homebuver Proaram. The Ciri� n4anaser or his desienee is further authorized to make minor modifications as mav be approved or recommended bv the City Attomey's Office. (2) Authorizes the Citv Manaeer or his desienee; includine the Purchasing Aoen[; to execute four one-year options to eatend the agreement. 1:Waome�•1F[NAL RESOS A\D ORDIN.A�CES�20li\09 10 13�FirstTime Homebuvzr RESO RE\'ISED.doc - 9!4/2013 10:19 AA1 - � 10-5 Resolution I�TO. Page 2 (3) Further authorizes the Director of Development Services or his designee to execute and amend any and all documents subject to the First Time Homebu}�er Proeram. Presented by Approved as to form by �i�� I Kelley G. BrouQhton Glen R. Googins Development Sen�ices Director City Attorney I:WttomeylFlhAL RESOS AND ORDINANCES�2013\09 10 13\FirstTime Homebwer RESO REVISED.doc 9/4/2013 10:19 A�4 � � 0-6 TT�E ATTACHED AGREEMEI�iT HAS BEEl�T REVIE�T��D AI�TD APPROVED AS TO FORM BY TI� CITY ATTOR\�EY'S OFFICE Ai\TD ��i�II:L BE FORMALLY SIGI�TED UPOI�T APPROVAL BY THE CITY COUI�TCIL �'X/i/L�'1 ��l. Glen R. Gooeins City Attorne}� Dated: ��,�j� � � � AGREEMEI�rI' BETWEEI�T CITY OF CHULA VISTA A1�TD COMMU\TITY HOUSINGWORKS REALTY Ai\TD LEI�TDNG FOR MAI�TAGEMENT OF A FIRST TIl�IE HO?vIEBUYER ASSIST�NCE PROGRAM 10-7 Attachment 1 AGREEMENT BETWEEN CITY OF CHULA VISTA AND COn4A7UNITY HOUSINGVI'ORKS REALTY AND LENDING FOR AZANAGED4ENT OF A FIRST TIME I30MEBUYER ASSISTANCE PROGRAM This agreement (Agreement). effective September 11. 2013, is between the City-related en[iry whose name and business form is indicated on Eahibit A, Paragraph 2, (City), and the entity whose name, business fonn, place of business and telephone numbers are indicated on Exhibit A, Paragraphs 4 through 6, (Contractor), and is made with reference to the following facts: RECrrnLs WHEREAS, there has been enacted into law the HOME Act, Title ]I of the Cranston-Gonzalez National Affordable Housing Act, creating the HOME ]nvestment Partnerships Program that provides funds to expand the supply of affordable housing for very low-income and lo��-income persons; and WHEREAS, the City, is authorized to apply for and accept HOME]nvestment Partnership funds (Catalog of Federal Domestic Assistance I�'umber 14.239); and ��HEREAS, the Cit}� incorporated the Contractor's proposal for the project described in Attachment `A' hereof(hereinafrer referred to as the "ProjecP') into the City's Community Development Block GranUHOME]nvestment Partnership/Emergency Shelter Grant Annual Funding Plan which H�as submitted to the U.S. Department of Housing and Urban De��elopment (HUD); and WHEREAS, HUD has approved the City Annual Funding Plan for HOME Investment Partnerships funds, and WHEREAS, the City received approval Council for the Contractor's proposed project described in Attachment"A" here of(hereinafrer referred to as the "ProjecY') on May 1, 2012; and WHEREAS, it is the desire of the Conh�actor and the City that the project be implemented by the Contractor, and Page 1 Two Pnrp�Agseemen!BeM�een!he Ci��nf Chidn Vistn nnd Communin�HausingH'ork.s Rcrs(p�m�d Lending � 0—� �'�'HEREAS, the Contractor shall undertake the same oblieations to the City with respect to the Project in the Cin�'s aforesaid Annual Fundine Plan for participation in the HOME Im�estment Partnerships Proeram �\'HEREAS; the Cit�� is seeking professional Contractor sen�ices to assist the Cit}� in manaeing a first time homebuyer assistance pro�ram; and ��'HEREAS. Communiri• Housins�'�'orks. ��as selected as Contractor due to its intimate l:no�vledge of administering homebuyer proerams and servicing loans; their extensive e�;perience; and their ability to complere the sen�ices in a timel�� manner: and � A'HEREAS, Contractor N�arrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deli��er the services required of Contractor to Cit�� within the time frames herein provided all in accordance �ti�ith the terms and conditions of this Aereement; �'IJHEREAS, Contractor warrants and represents that it is e�perienced and staffed in a manner such that it can deliver the sen�ices required of Contractor to Cit}� in accordance �vith the time frames and the terms and conditions of this Aereement. [End of Recitals. Ne�t Page Starts Obligator��Provisions.] Paee 2 Tw•o PaT'-4g�eemenl BeM�een!ht Ciq•of Chuln 1 tsm nnd Comnu�nifj•Housingli�brhv Rea/ry•and Lending � 10-9 OBLIGATORI'PROVISIOnS PAGES NOW, THEREFORE, for valuable consideration the City and Contractor do hereby mutually agree as folloH�s: All of the Recitals above are incorporated into tl�is Agreement by this reference. ARTICLE ]. CONTRACTOR'S OBLIGATIONS A. General 1. General Duties. Contractor shall perform all of the services described on Exhibit A, Para�raph 7 (General Duties). 2. Scope of �4�ork and Schedule. ln performing and deli��ering the General Duties, Contractor shall also perform the services, and deliver to City the "Deliverables" described in Exhibit A, Paragraph 8, entitled "Scope of Work and Schedule,' accordine to, and within the time frames set forth in Exhibit A, Paragraph 8, time being of the essence of this agreement. The General Duties and the work and Deliverables required in the Scope of��ork and Schedule shall be referred to as the "Defined Services." Failure to complete the Defined Services by the times indicated does not, except at the option of the City,terminate this Agreement. a. Reductions rn Scope of Work. City may independently, or upon request from Contractor, from time to time; reduce the Defined Services to be performed by the Contractor under this Agreement. Upon doing so, City and Contractor agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with the reduction. b. Addi�ional Services. In addition to performing the Defined Services, City may require Contractor to perform additional consulYing services related to the Defined Services (Additional Services), and upon doing so in writing, if they are within the scope of services offered by Contractor, Contractor shall perfonn same on a time and materials basis at the rates set forth in the "Kate Schedule" in Exhibit A, Paragraph 10(C), unless a separate fixed fee is otherwise agreed upon. All- compensation for Additiona] Services shall be paid monthly as billed. 3. Standard of Care. The Contractor expressly warrants that the work to be performed pursuant to this Agreement, ��hether Defined Services or Additional Ser��ices, shall be performed in accordance with the standard of care ordinarily e�ercised'by members of the profession currently practicing under similar conditions and in similar locations. a. No YVaiver of Standard of Care. Where approval by City is required, it is understood to be conceptual approval only a��d does not relieve the Contractor of responsibility for complying w�ith all laws, codes; industry standards, and liabilit�- for damages Paee 3 Two Pnrb�Agreemen!BeM�eeu tl�e Ci1p oJC/ruln{um nnd Comnumiq�HousiugN'orRs Renlq�nnd Leuding � �—� � caused bv nesliQent acts; errors; omissions; noncompliance N�ith industry standards, or the w�illful misconduct of the Contractor or its subcontractors. B. Application of Laws. Should a federal or state law� pre-empt.a local laN�, or resu]ation, the Contractor must comply «�ith the federal or state law� and implementine reeulations. I�'o provision of this Agreement requires the Contractor to obsen�e or enforce compliance with any provision. perform an�� other act; or do an�� other thins in contravention of federal; state, territorial, or local la��, regulation, or ordinance. If compliance ��ith an�� pro��ision of this Agreement violares or ��ould require the Contractor to violate am� IaH�; the Contractor agrees to notify Cin' immediately in writin�. Should this occur, the Cih� and the Contractor aoree that they will make appropriate arraneements to proceed with or; if necessarv; amend or terminate this Agreement, or portions of it, eapeditioush�. 1. Subcontractors. Contractor a�rees to take appropriate measures necessarv to ensure that all participants utilized by the Contractor to complete its obliQations under this Aereement; such as subcontractors, comply �i�ith all applicable yla�vs; reeulations, ordinances; and policies, whether federal. state, or local; affectine Project implementation. In addition; if a subcontractor is expected to fulfill any responsibilities of the Contractor under this A¢reement. the Contractor shall ensure that the subcontractor carries out the Contractors responsibili[ies as set forth in this Aareement. C. Insurance l. General. Contractor must procure and maintain; durine the period of performance of this Aereement, and for tH�el��e months afrer completion, policies of insurance from insurance companies to protect aeainst daims for injuries to persons or damages to property that may arise from or in connection �vith the performance of the �rork under this Agreement and the results of that work by the Contractor; his aeents_ representati��es, employees or subcontractors, and pro��ide documentation of same prior to commencement of work. 2. D4inimum Scope of]nsurance. Coveraee must be at least as broad as: a. CGL. Insurance Services Office Commercial General Liability co��erage (occurrence Form CG0001). b.Auto. lnsurance Services Office Form I�'umber CA 0001 co��erine Automobile Liabilin�; Code 1 (any auto). c. [�'C. �1'orkers' Compensation insurance as required by the State of Califomia and Emplorers Liabilin� [nsurance. d.E&O. Professional Liability or Errors & Omissions Liabilin� insurance appropriate to the Contractors profession. Architects' and En�ineers' coveraQe is [o be endorsed to include contractual liabilih�. Paee 4 Two Pnrb'Agreemertt BeM�een the Ciq•ofChuln Irism nnACnmmf�nin•Housing N'or/'s Realn•and LenAirtg y � �—� � 3. Minimwn Limits of Insurance. Contractor must maintain limits no less than those included in the table below: i. General Liability: $1,000;000 per occurrence for bodily injury, personal injury; (Includin� (including death), and property damage. If Commercial General operations; Liability insurance with a general aggregate limit is used, either products and the general aagregate ]imit must apply separately to this completed ProjecUlocation or the general aggregate limit must be twice the operations, as required occurrence limit. a licable ii. Automobile $1,000,000 per accident for bodily injury, including death; and Liability: property damage. iii. Workers' Statutory _ _ Compensation $1;000,000 each accident Emplopers $1,000,000 disease-policy limit Liabilit �: $1.000.000 disease-each em lo �ee iv. Professional $1;000,000 each occurrence Liability or Errors & Omissions Liabilit : 4. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option or�the City, either the insurer H�ill reduce or eliminate such deductibles or self-insured retentions as they pertain to the City; its officers, officials, employees and volunteers; or the Contractor will provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations; claim administration; and defense expenses. 5. Other Insurance Pro��isions. The general liability, automobile liability; and N�here appropriate, the ��orker's compensation policies are to contain; or be endorsed to contain, the following provisions: a. Addi[ional lnsureds. City of Chula Vista, its officers, officials, employees, agents; and volunteers are to be named as additional insureds with respect to all policies of insurance, including those ��ith respect to liabilit'y arising out of automobiles owned, leased; hired or borro�i�ed by or on behalf of the Contractor, where applicable; and; with respect to liability arising out of work or operations performed by or on behalf of the Contractor, including providing materials, par[s or equipment fumished in connection ��ith such work or operations. The general liability additional insured coverage must be provided in the form of an endorsement to the Contractor's i�surance using ISO CG 2010 (11/8�) or its equivalent. Specifically, the enc]orsement must not eaclude Products/Completed Operations coverage. b. Prrrnary Llsurance. The Contractors General Liability insurance coeerage must be primary insurance as it pertains to the City, its officers; officials, employees, agents, Page 5 Two Pnqv Agreemertt BeM�een the Ciq'njClndn I'istrt nrsACaiurwnip�Housine W'nrAS ReNl��nnd Lending � �—� 2 and ��olunteers. Any insurance or self-insurance maintained b�� the Cin�; its officers_ officials, emplo}�ees, or volunteers is n�holly separate from the insurance of the Contractor and in no ��av relie��es the Contractor from iu responsibilit�' to provide insurance. c. Cancellation. �['he insurance policies required b��this Agreement shall not be canceled by either pam�, except afrer thirt�� days` prior H�itten notice to the Citv b�� certified mail; retum receipt requested. The words "H�ill endea��or�' and�"but failure ro�mail such notice shall impose no obligation or liabilit}� of any kind upon the compan��; its agents; or representati��es ' shall be deleted from all certificates. d. Active Negligence. Co��era�e shall not estend to anv indemniq� co��erage for the active neelieence of the additional insureds in anv case �i�here an aereement to indemnifi� the additional insured would be invalid under Subdi��ision (b) of Section 2782 of the Ci��il Code. e. Waiver of Subrogarion. Contractor's insurer H�ill provide a \1'ai��er of Subroeation in favor of the City for each required policy pro��idine coverage for the term required by this Asreement. 6. Claims Forms. If General Liabilitv, pollution and/or Asbestos Pollution Liabilih� and/or Errors & Omissions coveraee are �rritten on a claims-made form: a. Retro Date. The "Retro Date ` must be sho��n. and must be before the date of [he Agreement or the beeinning of the work required by the Agreeme�t. b. Maintenonce ond Evidence. Insurance must be maintained and evidence of insurance must be provided for at least fi��e years after completion of the work required by the Aereement. ' c. Cancellario�a. If co��eraee is canceled or non-rene��ed; and not replaced w=ith another claims-made polic�� form ��ith a "Retro Date" prior to the effective date of the Aereement, the Contractor must purchase "extended reportin�" co��eraee for a minimum of five years after completion of the �vork required by the Aereement. d. Copies. A cop�� of the claims reportine requirements must be submitted ro the Ciry for re��ie�e. 7. Acceqtabilirv of ]nsurers. Insurance is to be placed ��ith licensed insurers admitted to transact business in the State of Califomia ��ith a current A.A9. Besrs ratine of no less than A V. If insurance is placed wi[h a surplus lines insurer, insurer must be listed on the State of Califomia List of Elieible Surplus Lines Insurers (LESLI) �vith a current A.\4. Besrs rating of no less than A X. E�;ception may be made for the State Compensation Fund �vhen not specificalh� rated. Pase 6 Tx•o Pa��Agreement BeM�een!he CiR�of Chula V1va nrtACommun'up NousirtgN�brAs Redn'nnd Lmdin� y 10-13 8. Verification of Coveraee. Contractor shall furnish the City N�ith original certificates and amendatory endorsements effecting coverage required by Section ].C. of this Aereement. The endorsements should be on insurance industry forms, provided those endorsements or policies conform to the requirements of this Agreement. All certificates and endorsements are to be received and approved by tUe City before work commences. The City reserves the right to require; at any time, complete, certified copies of all required insurance policies, includin2 endorsements evidencing the coverage required by these specifications. 9. Subcontractors. Contractor must include all subContractors as insureds under its policies or fumish separate certificates and endorsements for each subContractor. All coverage for subContractors is subject to all of the requirements included in these specifications. 10. Not a Limitation of Other Obligations. Insurance provisions under this Article shall not ' . be construed to limit the Contractar`s obligations under �his Agreement, including ]ndemnity. D. Security for Performance 1. Performance Bond. In the event that Exhibit A, at Paragraph 18, indicates the need for Contractor to provide a Performance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Performance Bond"); then Contractor shall provide to the City a performance bond, in the amount indicated at Exhibit A, Paragraph ]8, in the form prescribed by the City and by such sureties which are authorized to transact such business in the State of Califomia. listed as approved by the United States Deparlment of Treasury Circular 570; http:/h��w.fms.treas.2ov/c570, and H�hose under��-riting limitation is sufficient to issue bonds in the amount required by the Agreement, and which also satisfy the requirements stated in Section 995.660 of the Code of Civil Procedure, except as provided otherwise by la��s or regulations. All bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act Surety companies must be duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds for the limits so required. Form must be satisfactory to the Risk Manager or City. 2. Letter of Credit. In the e��ent that Exhibit A, at Paragraph 18, indicates the need for Contractor to pro��ide a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Letter of Credit'), then Contractor shall provide to the Cit}� an irrevocable letter of credit callable by the City at � its unfettered discretion by submitting to the bank a letter, signed by the City D4anager, stating that the Contractor is in breach of the terms of this Agreeme��t. Tl�e letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk b4anager or City Attorney N�hich amount is indicated in the space adjacent to the term, "Letter of Credit," in Exhibit A, Paragrapl� 18. 3. Other Securiri�. In tl�e event that Exhibit�A, at Paragraph 18, indicates the need for Contractor to pro��ide security other than a Performance Bond or a Letter of Credit Page 7 Two Prsrp�Agreerecnf BeM�eeu!he Ciq�oJChWn 1'ism nnd Conmwnin'Now'iugN'or/a'Renlp�rtnd lendlrcg 10-14 (indicated b�� a check mark in the parenthetical space immediately preceding the subparagraph entitled "Other Security`); then Contractor shall provide to the Cit}� such other securit�� therein listed in a form and amount satisfacton� to the Risk Manaeer or Cit�� Attomev. E. Business License. Contractor asrees to obtain a business license from the Cirv and to other�vise complv with Title � of the Chula V ista A4unicipal Code. ARTICLE II. CITY OBLIGATIONS A. Consultatiou and Cooperation. Cih� shali resularly consult the Contractor for the purpose of reviewing the proeress of the Defined Sen�ices and Schedule; and to provide direction and �uidance to achie��e the objecti��es of this A2reement. The Cit}� shall alloH� Contractor access to its office facilities; files and records; as deemed necessan� and appropriate by the Ciq�, throuehout the term of this Aereement. In addition; City aerees to pro��ide the materials identified at E�hibit A; Paraaraph 9; ��ith the understandine that delati� in the provision of those materials be��ond thirn� da��s after authorization to proceed; shall constitute a basis for the justifiable delay in the Contractor's performance. B. Compensation. 1. Follon�ine Receipt of Billine. Upon receipt of a proped�� prepared bill from Contractor, submitted to the Cih� as indicared in Ea:hibit A, Paragraph 17; but in no event more frequently than monthl��; on the day of the period indicated in Eahibit A; Paragraph 17; City shall compensare Contractor for all sen�ices re�dered by Contractor accordine to the terms and conditions set forth in ExhibitA; Parasraph ]0, adjacent to the go��emina compensation relationship indicated by a "checkmark" next to the appropriate arzangement; subject to the requirements for retention set forth in Paragraph 18 of E�hibit A; and shall compensate Contractor for out of pocket expenses as pro��ided in Exhibit A; Paraeraph 1 1. 2. Supportins Information. Am� billing submitted by Contractor shall contain sufficient information as to the propriety of the billine, includine properlti� e�ecuted payrolls; time records. im�oices. contracts. or ��ouchers describine in detail tfie nature of the charees to the Project in order to permit the City to evaluate that the amount due and pa��able is proper; and such billine shall specifically contain the Ciri's account number indicated on E�hibit A, Paraeraph 17(C) to be charged upon making such pa��ment. 3. E�clusions. In determinine the amount of the compensation Ci[y �vill eiclude any cost: 1) incurred prior to the effec[ive date of this Aereement; or 2) arisine out of or related to the errors. omissions. neelieence or acts of willful misconduct of the Contractor. its agents, emplo��ees; or subcontractors. a. Errors a�vd Omissio�7s. In the e�•ent that the Citv Administrator determines that the Contractors neelieence; errors; or omissions in the performance of ��ork under this Aereement has resulted in expense to City ereater than �vould have Paee 8 . 7Hro Prtm�Agreement BeM�eert fhe Cit��af Chu/n 1�m nhACnmmuniID Housing N'orks Renlq•nnd Lmding 10-15 resulted if there were no such negligence, errors; omissions, Contractor shall reimburse City for an}� additional expenses incurred by t�he City. Nothing in this � paragraph is intended to limit City's rights under other provisions of this Aereement. 4. Pavment Not Final Approval. The Contractor understands and agrees that payment to the Contractor for any Project cost does not constitute a City final decision about whether that cost is allo��able and eligible for payment under the Project and does not constitute a ��aiver of any violation of Contractor of the terms of the Agreement. The Contractor acknow�ledges that City ��il] not make a final determination about the eligibility of any cost until the final payment has been made on the Project or the results of an audit of the � Project requested by the City has been completed, whichever occurs latest If City determines that the Contractor is not entitled to receive any portion of the compensation due or paid, City will notifp the Contractor in writing; stating its reasons. The Contractor agrees that Project closeout will not alter the Contractor's responsibility to retum any funds due City as a result of later refunds, corrections, or other similar transactions; nor will Project closeout alter the right of City to disallow costs and recover funds provided for the Project on the basis of a later audit or other review. a. Co��tractor's Obligatiow to Pay. Upon notification to the Contractor that specific amounts are owed to City, �vhether for excess payments or disallowed costs, the Contractor a�rees to remit to City promptly the amounts owed, including applicable interest. ARTICLE]II. ETHICS A. Financial Interests of Contractor l. Contractor is Desi2nated as an FPPC Filer. lf Caitractor is designated on Exhibit A, Paragraph 14, as an "FPPC filer,' Contractor is deemed to be a "Contractor" for the purposes of the Political Refor�n Act conflict of interest and disclosure.provisions; and shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 14 of Exhibit A; or if none are specified, then as determined by the City Atton�ey. 2. No Participation in Decision. Regardless of whether Contractor is designated as an FPPC Filer; Contractor shall not make, or participate in making or in any way attempt to use Contractor's position to influence a governmental decision in which Contractor know�s or has reason to know Contractor l�as a financial interest other than the compensation promised by this Agreement. 3. Search to Determine Economic Interests. Regardless of whether Contractor is desienated as an FPPC Filer, Contractor �varra�ts and represents that Contractor has diligently conducted a search and im�entory of Contractor's economic interests; as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has Paee 9 Two Pm(}�Agreeuient Be(ween tlie Cip�ofCludn Vism nnACo�nnnrmip�Hou.vinglVarks Renlh'nnd Lendine y � �—� 6 determined that Contractor does not. to the best of Contractor's I:no�vledee, have an economic interest�vhich ��ould conflict with Contractor's duties under this Aereement. 4. Promise Not to Acauire Conflictine Interests. Reeardless of �vhether Contractor is desienated as an FPPC Filer; Contractor fuaher warrants and represents that Contractor w�ill not acquire, obtain, or assume an economic interest durine the term of this Aereement�rhich ��ould constitute a conflict of interest as prohibited by the Fair Political Practices Act. � �. Dutv to Advise of Conflictine ]nterests. Reeardless of��hether Contractor is desienated as an FPPC Filer, Contractor funher warrants and represents that Contractor �ti�ill immediateh� adeise the Cih Attometi� if Contracror leams of an economic interest of Contractor's that ma;� result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. 6. Specific \Varza�ties Asainst Economic )nterests. Contractor ��arrants; represents and aerees that: a. I�'either Contractor; nor Contractor's immediare family members; nor Contractor's emplovees or aeents (Contractor Associates) presentl�� have am� interest; directly or indirectl}�, whatsoever in anv propem� �vhich may be the subject matter of the Defined Services, or in any propem� within 2 radial miles from the eaterior boundaries of am� property �ti�hich may be the subject matter of the Defined Sen�ices; (Prohibited Interest), other than as listed in Exhibit A; Paragraph l�. b. I�'o promise of future employment, remu�eration, consideration, gratuiri� or other re�eard or eain has been made to Contractor or Contractor Associates in connection with Contractor's performance of this Agreement. Contractor promises to advise Cit�� of any such promise that ma�� be made during the Term of this Agreement. or for tweh�e months thereafrer. c. Contractor As§ociates shall not acquire any such Prohibited [nterest �i°ithin the Term of this Agreement, or for twel��e months after the eapiration of this Agreement eacept�vith the «-ritten permission of Cit��. d. Contractor ma�� not conduct or solicit any business for anv party to this Agreement; or for anv third pam� that may be in conflict �eith Contractor's responsibilities under this Aereement; e�cept �vith the �aritten permission of Cin�. I��. LIQUIDATED DAMAGES A. Application of Section. The pro��isions of this section apply if a Liquidated Damages Rate is provided in E�hibit A, Para�raph 13. I. Estimatina Damases. it is acl:no��ledsed by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damaees resulting Paee 10 Tw•oParp�AgreementBtnreentheCiq•ojChulnl�.smnnAConvrtunitvHousing�i'nr!'sRen(tt'andLertAing y � �—� 7 from delay in performance. The parties have used theirjudgment to arrive at a reasonable amount to compensate for dela}�. 2. Amount of Penaltv. Failure to complete the Defi�ed Services within the allotted time period specified in this Agreement shall result in the following penalty: For each consecutive calendar day in excess of the time specified for the completion of the respective work assignment or Deliverable, Lhe Contractor shall pay to the City, or have withheld from monies due; the sum of Liquidated Daniages Rate provided in Exhibit A, Paraeraph 13 (Liquidated Damaees Rate). 3. Request for Extension of Time. If the performance of any act required of Contractor is directly prevented or delayed by reason of strikes, lockouts, labor disputes, unusual go��emmental delays; acts of God, fire; floods, epidemics, freight embargoes, or other causes beyond the reasonable control of the Contractor, as determined by the City; Contractor shall be excused from performing that act for the period of time equal to the period of time of the prevention or delap. In the event Contractor daims the existence of such a delay, the Contractor shall notify the City's Contract Administrator, or designee; in writing of that fact �vithin ten calendar days after the beginning of any such claimed delay. Extensions of time �i�ill not be granted for delays to minor portions of work unless it can be sho��n that such delays did or will delay the progress of the work. ARTICLE V. It�'DEMNIFICATION A. Defense, Indemnity, and Hold Harmless. 1. General Requirement. Except for liability for Design Professional Services covered under Article V.; Section A.2., Contractor shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers, agents and employees; from and against any and all claims, demands, causes of action, costs, expenses; liability; loss, damage or injur}�, in la�� or equity, to propeRy or persons, including wrongful death; in any manner arising out of or incident to any alleged acts, omissions; negligence, or willful misconduct of Contractor; its officials, officers; employees, agents, and contractors, arising out of or in connection with the perfonnance of the Defined Services or this Agreement. This indemnity provision does not include any claims; damages; liability, costs and eapenses (including without limitations, attorneys fees) arising from the sole neglige�ce, active negligence or willful �nisconduct of the CiCy; its officers, emplo}�ees. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligenl acts or omissions of the City, its agents, officers, or employees which may be in combination with the active or passive negligent acts or omissions of the Contractor, its employees, agents or officers, or any third parq�. 2. Desien Professional Services. If Contractor provides design professional ser��ices, as defined by California Civil Code section 2782.5. as may be amended fran time to time, Contractor shall defend, indemnify and hold the City, its of5cials, officers, employees, volunteers; and aeents free and harmless from any and all claims; demands; causes of action, costs, eapenses, liability, loss, damage or injury, in law or equity; to property or Page 11 TN•n Pnrf}�Agreeuient BeM�een!Ge Cin'ofChuln Vistn nnd Cormrumin�HousingWorAs Renl��rtnALenAing � �—� � persons; includin� «roneful death. in an�� manner arisin2 out of pertainino to, or relatin� to the neslieence. recklessness. or willful misconduct of Contractor. its officials. officers. emplovees, agents. Contractors, and contractors arising out of or in connection with the performance of Contraciors services. Contractor's duty to defend; indemnifi�, and hold harmless shall not include anv claims or liabilities arisine from the sole neelieence. acti��e � nealige�ce or willful misconduct of the City; iu agents, officers or emplo��ees. This section in no �vav alters, affects or modifies the Contractors oblieations and duties under this Aereement. 1. Costs of Defense and A��ard. Included in the oblieations in Sections A.1 and A.2, abo��e. is the Contractors obligation to defend, at Contractor's o��n cost. expense and risk; any and all suits, actions or other leeal proceedings; that mati� be broueht or instituted aeainst the Ciri�, its directors; officials, officers. employees; aeents and/or volunteers, subject to the limitations in Sections A.l. and A.2. Contractor shall pav and satisfi� any judement, a�iard or decree that ma�� be rendered aeainst Ciq� or its direcfors, officials; officers, emplovees, agents and/or ��olunteers, for any and all related legal expenses and cosu incurred by each of them. subject to the limitations in Sections A.1. and A.2. 4. ]nsurance Proceeds. Contractors oblieation to indemnifv shall not be restricted to insurance proceeds, if am�, received b�� the Cit}�; its directors, officials. officers, employees, aeents, and/or��olunteers. �. Declarations. Contracrors obligations under Article V shall not be limited by anv prior or subsequent declaration by the Contractor. 6. Enforcement Costs. Contractor agrees to pay am� and all costs Ciq� incurs enforcine the indemnitv and defense provisions set forth in Article V. 7. Sun�ival. Contracror`s oblieations under Article V shall survi��e the termination of this Aereement. y ARTICLE VI. TERI�4TI�ATION OF AGREEA4ENT A. Termination for Cause. If; throu�h any cause: Contractor shall fail to fulfill in a timely and proper manner Contractor's obligations under this Aereement, or if Contractor shali violate am� of the co��enants; aereements or stipulations of this Aereement Cit�� shall have the right to terminate this Aoreement by si��ine �vritten notice to Contractor of such termination and specifi�in� the effective date thereof at least fi��e (�) da}�s before the effective date of such termination. In that e��ent; all finished or unfinished documents; data. studies, sun�eys; dra��°ines, maps, reports and other materials prepared by Contractor shall, at the option of the Cih�, become the propert}� of the Cih�; and Contractor shall be entitled to receive just and equitable compensation. in an amount nor to e�ceed that payable u�der this Agreement and less any damages caused Citv b�� Contractor's breach; for any ��ork satisfactoril�� completed on such documents and other materials up to the effecti��e date of I�'otice of Termination. Pase 12 7woPam•AgrctmentBeM•emlheCit�'ofChufalamandCommm�it}•HousingN'bnc�Renlp'andLmding � � 0—� 9 B. Termination of Agreement for Convenience of City. City may terminate this A�reement at any time and for any reason, by giving specific �vritten notice to Contractor of such termination and specifying the effective date thereof, �at least thirty (30) days before the effective date of such termination. ln that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the City, become City's sole and exclusive propeRy. ]f the Agreement is terminated by City as provided in this paragraph; Contractor shall be entitled to receive just and equitable compensation, in an amount not to exceed that payable under this Agreement; for any satisfactory work completed on such documents and other materials to the effective date of such termination. Contractor hereby expressly waives any and all claims for damages or compensation arisin� under this Agreement e�cept as set fonh in this section. ARTICLE VII. RECORD RETENTlON AND ACCESS A. Record Retention. During the course of the Project and for five (5) years follo��ing completion, the Contractor agrees to maintain, intact and readily accessible, all data, documents; reports, records; contracts, and supporting materials relating to the Project as City may require. B. Access to Records of Contractor and Subcontractors. The Contractor agrees to permit; and require its subcontractors to permit City or its authorized representatives, upon request, to inspect all Project �rork; materials, payrolls, and other data, and to audit the books, records, and accounts of the Contractor and its subcontractors pertaining to the Project. C. Project Closeout. The Contractor asrees that Project closeout does not alter the reporting and record retention requirements of this Agreement ARTICLE VIII. PROJECT COA4PLETION; AUDIT, AND CLOSEOUT A. Project Completion. Within ninety (90) calendar days follo�ving Project completion or termination by City, Contractor agrees to submit a final certification of Project eapenses and audit reports; as applicable. B. Audit of Contractors. Contractor agrees to perform financial and compliance audits the City may require. The Contractor also agrees to obtain any other audits required by City. Contractor agrees that Project closeout will not alter Contractor's audit responsibilities. Audit costs are allowable Project costs. C. Project Closeout. Project closeout occurs when City notii�ies the Contractor that City has closed the Project, and either fonvards the final payment or acla�owledges that the Contractor has remitted the proper refund. The Contractor agrees that Project closeout by City does not invalidate any continuing requirements imposed by the Agreement or any unmet requirements set forth in a written notification from City Page 13 Twa PnrtP Agreement BeM�een Uie Ciq�ojCh�dn 1 esm rsnd Comnwniry•Xousittg N'orkc Ren(p�nnd Lending 10-20 ART]CLE Iti. MISCELLA\'EOUS PROVISIONS A. Assignabilih'. The sen�ices of Contractor are personal to the Citv, and Contractor shall not assign any interest in this Aereement, and shall not transfer any interest in the same (whether b�� assienment or notation), ��ithout prior written consent of Cin�. 1. Limited Consent. City hereb�� consenu to the assienment of the portions of the Defined Semices identified in Exhibit A; Paragraph 16�to the subContractors identified as "Permitted SubContractors." B. Ownership, Publication, Reproduction and Use of D4aterial. All repons; smdies, information, data, statistics, forms, desiens, plans, procedures; systems and am� other materials or properties produced under this Aareement shall be the sole and eaclusive propem� of Cih�. 1�'o such materials or properties produced in whole or in part under this Agreement shall be subject to pri��ate use; cop��rights or patent riehts by Contractor in the United States or in a�y other countr}� H�ithout the eapress written consent of City. Ciry shall ha��e unrestricted authority to publish; disclose (except as ma�� be limited b}� the provisions of the Public Records Act); distribute. and othen+�ise use; cop��ri�ht or patent, in ��hole or in part, any such reports; studies, data, statistics; forms or other materials or properties produced under this Aereement. C. lndependent Contractor. Cin� is interested onlv in the results obtained and Contractor shall perform as an independent contractor ��ith sole control of the manner and means of performing the sen�ices required under this Agreement Ciq� maintains the rieht only to reject or accept Contractor's work products. Contractor and anv of the Contractor's aeenu, employees or represen[ati��es .are. for all purposes under this Agreement; independent contractors and shall not be deemed to be employees of Cit}�; and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to; o��ertime; retirement benefits; �aorker's compensation benefits; injuq� lea�=e or other leave benefits. Therefore; City will not withhold state or federal income tas; social securip� tax or am� other payroll tax; and Contractor shall be solely responsible for the pa��ment of same and shall hold the Cit�� harmless�vith resard to them. 1. Actions on Behalf of Cih�. Eacept as Cit�� ma�� specify in ��ritine; Contractor shall ha��e no authoritti�; express or implied; to act on behalf of City in any capacity ��hatsoever, as an a�ent or othen��ise. Contractor shall ha��e no authority; express or implied, to bind Cin or its members; agents; or employees, to am� obligation whatsoevec unless eapressly pro��ided in this Aereement. 2. I�o Oblieations to Third Parties. In connection with the Project; Contractor aerees and shall require [hat its agents; employees. subcontractors aeree that City shall not be responsible for any oblieations or liabilities to am� third party, includin� its aeenu; employees, subcontractors, or other person or entity that is not a party to this Aereement. \'oh��ithstandine that Cit}� may ha��e concurred in or appro��ed an�� solicitation; subagreement, or third party contract at anv tier, City shall have no oblieation or liabilirn to any person or entitv not a pam� to this Aereement. Paee ]� Tn•oPnm'AgreemenlBeM�ernthtCip�oJClmlal'lsmanAComnwni��Housingl('oA'sRertM'rsndLending v � 0-2� D. Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this Agreement; against City unless a claim has first been presented in writing a�d filed with Ciry and acted upon by Cit�� in accordance with the procedures set forth in Chapter 134 of the Chula Vista D4unicipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein; and such policies and procedures used by City in t1�e implemenTation of same. Upon request by CiYy, Contractor shall meet and confer in good faith with Cit�}� for the purpose of resolving any dispute over the terms of this Agreement. E. Administration of Contract. Each party designates the' individuals (Contract Administrators) indicated on E�hibit A, Paragraph 12, as that party's contract administrator who is authorized by the party to represent it in the routine administration of this Agreement. F. Term. This Agreement shall terminate w�hen the parties have complied �i�ith all eaecutory provisions hereof. G. Attornel''s Fees. Should a dispute arising out of this Agreement result in litigation, it is agreed that the pre��ailing par[y shall be entitled to a judgment against the other for an amount equal to reasonable attorneys' fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. H. Statement of Costs. In the event that Contractor prepares a report or document; or par[icipates in the preparation of a report or document in performing the Defined Services, Contractor shall include, or cause the inclusion of, in the report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. I. Contractor is Real Estate Broker and/or Salesman. If the boa on Exhibit A, Paragraph 1� is marked, the Contractor and/or its principals is/are licensed with the State of Califomia or some other state as a real estate broker or salesperson. Otherwise, Contractor represents that neither Contractor; nor its principals are licensed real estate brokers or salespersons. J. Notices. All notices, demands or requests provided foc or permitted to be given pursuant to this Agreement �nust be in writing. All notices, demands and requests to be sent to any partv shall be deemed to have been properly given or served iP personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified; �vith return receipt requested, at the addresses identified in this Agreement as the places of business £or each of the designated parties. K. lntegration. This Agreement, togetl�er with any otl�er written document referred to or contemplated in it, embod�� the entire Agreement and understanding between the parties relating to the subject matter hereo£ Neither this Agreement nor auy provision of it may be amended; modified, waived or discharged except by an insCrument in writing executed by the party a2ainst ��hich enforcement of such amendment, waiver or discharge is sought. � Paee ]5 Two PrtrtyAgreement Berween(he Cifj•ofCludn Vistn mlAConvmmi��HouSingN'orke Renitp miALenAiug � �-22 L. Capacih' of Parties. Each signatory and pam� to this Asreement warrants and represents to the other parq� that it has leeal authority and capacity and direction from its principal to enter into this Aereement. and that all necessan� resolutions or other actions have been taken so as ro enable it to enter into this Aereement. A4. Gocerning Law/Venue. This Aereement shall be so��erned by and construed in accordance ��ith the la��s of the State of Califomia. Am� action arisine under or relatins to this Aareement shall be broueht onh� in the federal or state courts located in San Die�o Counn�; State of Califomia; and if applicable, the Cit}' of Chula Vista, or as close thereto as possible. Venue for this A�reement, and performance under it, shall be the Ciry of Chula \'ista. (End of page. Next page is signature page.) Paee 16 Two Pam•Agreement Benoam the Cil}�of Chula Vkm artd Co�nmuniID HousingN or!'s Renlry�and Lertding 10-23 AGREEMENT BETWEEN CITY OF CHULA VISTA AND COMMUNITY HOUSINGWORKS REALTY AND LENDING FOR MANAGEMENT OF A FIRST TIME HOMEBUYER.ASSISTANCE . _ PROGRAM IN WITNESS W HERGOF, Ci}y and Contractor have esecuted this Agreement, indicating that they have read and understood same, and indicate their full and compleie consent to its terms: Ciry of Chula Vista By; James D. Sandovul City Managcr AttesC Donnu Norris,City Clerk Approved as to form: Glen R.Googins,City Attomey Community HausingWarks Realty und encling By: Gab ie omez del Rio, COO Exhibit List to,Agreement: Exhibit A and B Page 17 Tnro Pdej�Agreeminr Between Nee Clp•oJChuln 1 ufa and CanLnueiry/�ousingl{'ohls Renlq•nnAL�nding - 10-24 _xl 'eJ...M '�i�.��'�5T t ��..:��'1.'[k ' .'. - - _ >.... � Exhibit A to AGREEI'IE\T BET\VEEN CITP OF CHL7LA VISTA AND CODZINNIT]' HOUSING�VORI:S FOR n�\'AGEnZENT OF A FIRST TI1�4E HOAZEBUI'ER ASSISTANCE PROGR�.1�7 1. Effective Date: The Aereement shall take effect upon full execution of the Agreement, as of the effecti��e date stated on page 1 of the Agreement. 2. Citv-Related Entit��: (X) City of Chula Vista, a municipal chartered corporation of the State of Califomia O The Chula Vista Public Financins Authority; a O The Chula Vista [ndustrial De��elopment Authority, a ( ) Other. ; a [insert business form] (City) 3. Place of Business for Cih�: Cim of Chula Vista 276 Fourth Avenue Chula Vista. CA 91910 4. Contractor: Community Housine\'�'orks Realtv and Lendins �. Business Form of Contractor: ( ) Sole Proprietorship ( ) Partnership (x) Corporation Pase 18 TM•o Prtnj'Agrrement Ben.em the Cin•nfChula 1 c�m and Comnwnin�Housing II'od:s Realn•anALmding y 10-25 6. Place of Business, Telephone and Fax Number of Contractor: Community Housing�'��orks Realty and Lending 4010 Fairmount Ave. Ste. ]08 San Dieeo. CA 92105 Voice Phone: (619) 282-6647 Fax I�TUmber. (619)-8�8-9024 7. General Duties: Contractor shall provide management of the City's First Time Homebuyer Assistance Program in accordance ��ith HOMC Im�estment Partnership Program City requirements. � Contractor shall additionall}� set-up and service loans under the program. Contractor shall also undertake the same obligations to the Ciry that the City has undertaken to HUD pursuant to said Annual Punding Plan and Certifications. The obligations undertaken by the Contractor include, but are not limited to, the obligation to comply with the current and most up-to-date version of each of the following: A. Title 11 of the Cranston-Gonzalez National Affordable Housing Act, as amended; 42 U.S.C. § 12704; B. Reeulations of the Department of Housing and Urban De��elopment relating to HOME Investment Partnerships program (24 CFR 92.1; et seg.); C. Regulations of the Department of Housing and Urban Development relating to em�ironmental review procedures for the HOME Im�estment Partnerships program (24 CFR 92.352); D. Tide VI of the Ci��il Rights Act of 1964 (42 USC § 2000d); Title VII of the Civil Kights Act of 1968 (Public Law 88-352); Title VIII of the Civil Rights Act of 1968 (Fair Housing Act, 42 USC § 3601, et seq.); Section l09 of the Housing a�d Community Development Act of 1974; Executive Order 11246 (equal employment opportunity); Executive Order 11063 (non-discrimination), as amended by Executive Order 12259; and any HUD reeulations heretofore issued or to be issued to implement these authorities relating to civil rights; E. All section 3 covered contracts shall include the following clause (referred to as the "section 3 clause"): i. The�vork to be perfonned under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968; as amended, 12 U.S.C. 1701 u (section 3). The purpose of section 3 is to e��sure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the greatest e�tent feasible, be directed to loti�- and very IoH�-income Page 19 Tx�a Pnr(}•Agrecn�ent Benveeri Uie Citv ojGiuln Vism nnd Cormmarifp Hm�siregWod's Nenit}•anALending 10-26 persons, particularl��persons who are recipients of HIJD assistance for housine. ii. The parties to this contract aeree to compl�� ith HUD's re�ulations in 24 CFR 13�.1, et seq.. �vhich implement section 3. As e��idenced by their execution of this contract; the parties to this contract certify that they are under no contractual or other impediment that ��ould prevent them from complti�ing ��ith the Part 13� regulations. iii. The contractor agrees to send ro each labor or�anization or representative of�vorkers �ti�ith which the contractor has a collective bar�aining a_reement or other understanding, if any, a notice advising the labor organization or�i�orkers' representative of the contractor's commitments under this section 3 clause; and ��ill post copies of the notice in conspicuous places at the �vork site where both emplo}�ees and . applicants for training and employment positions can see the notice. The notice shall describe the sec[ion 3 preference, shall set fonh minimum number andjob titles subject to hire, availabilih� of apprenticeship and trainine positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall beQin. iv. The contractor aerees to include this section 3 clause in e��en� subcontract subject to compliance with Part 13� regulations, and aerees to take appropriate action, as pro��ided in an applicable pro��ision of the subcontract or in this section 3 clause; upon a findine that the subcontractor is in violation of Part 13� resulations. The contractor��ill noi subcontract with an�� subcontractor�vhere the contractor has notice or kno�+�ledee that the subcontractor has been found in violation of the ' reeulations in 24 CFR 13�.1; et seq.. ��. The contractor will certifi�that any vacant employment positions, includine trainine positions; that are filled (1) afier the contractor is selected but before the contract is eaecuted; and (2) �i�ith persons other than those to ��hom the Part 13� regulatio�s require emplopment opportunities to be directed; ��ere not filled to circum��ent the contractor's oblieations under 24 CFR Part 13�. vi. Noncompliance �vith Part 13� reeulations may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. ��ii. �4'ith respect to «�ork performed in connection ��ith section 3 covered Indian housing assistance, sectio� 7(b) of the Indian Self-Deterinination and Education Assistance Act (2� U.S.C. ��Oe) also applies to the «�ork to be performed under this contract. Section 7(b) requires that to the ereatest • Paee 20 TxroPrsm�AgrrementBenvemlheCin�ofChu(nl'esmnndCommnnip•Housingll'or/aReafn'andltnding V � 0-27 extent feasible (i) preference and opportunities for trainin� and employment shall be given to Indians, and (ii) preference in the a��ard of contracts and subcontracts shall be given to Indian organizations and Indian-oN�ned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply ��ith section 3 to the maaimum extent feasible, but not i� derogation of � compliance with section 7(b). F. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 USC § 4601, et seg., and regulations adopted to implement that Act in the 49 CFR Part 24; G. Office of Management and Budget("OMB") Circular A-122 entitled `Cost Principles for Non-Profit Organizations"; OMB Circular A-1.i3 entitled "Audits of States, Local Governments, and Non-Profit Organizations��; and OD9B Circular A-] 10 entitled "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations'. H. 24 CFR 92.503 concerning program income, repayments, and recaptured funds" of the HOME Regulations. Any program income eamed by Contractor in carr}�ing out the activities of this contract shall be retumed to the City. Upon expiration of this agreement, Contractor shall transfer to the City any HOME funds on hand at the ti�ne of expiration and any accounts receivable attributable to the use of HOME funds; I. 24 CFR 92.2�2 or 92.254, as applicable, conceming affordability provisions of the HUD regulations relating to the HOME Im�estment Partnerships Program. Repayment of any funds to the City is required if the housing does not meet the affordability requirements for the specified time period; J. The following laws and regulations relating to preservation of historic places: the T�'ational Historic Preservation Act of 1966 (Public Law 89-665); the Archaeological and Historical Preservation Act of 1974 (Public Law 93-29]); and Executive Order ll 593; K. The Labor Standards Regulations set forth in 24 CFR 92354: L. Pre��ailing�i�age requirements as set forth in Labor Code Section 1720; M. The Hatch Act relating to the conduct of political activities (5 U.S.C. §� 1�02, et. seq.); N. The Flood Disaster Protectio❑ Act of 1974 (42 U.S.C. § 4706 and the implementing regulations in 44 CPR Varts 59-79); O. The Rehabilitation Act of 1973 (Public Law 92-112) as amended, Page 21 Two Pnrq�Aereemenr Beru�een Uie Ciry�oJChu(n 1'ism nnd Conurmniq'Hm�singlNorks ftert[��mid Lvndiug � �-28 indudine Section �0� which relates to nondiscrimination in federal programs and HUD Reeulations set forth in 24 CFR Part 8; P. The Clean Air Act (42 U.S.C. � 7401. e� seq.) and the Federal �4'ater Pollution Control Act; as amended (33 U.S.C. § 12�1, et seq.) and the reeulations adopted pursuant thereto (40 CFR 6.100; et seq,); Q. The Drue-Free �1'orkplace Act of 1988 (Public Law ]00-690); R. The Lead-Based paint Poisonine Prevention Act, the Residential Lead- Base Paint Hazard Reduction Act of 1992; and implementing re�ulations at 24 CFR 3�.80; et seq.; S. 1�'o member, officer or emplo��ee of the Contractoc or its desienee or agents; no member of the eovernine body of the�localit�� in which the program is situated, and no other public official of such localip� or localities ��ho exercises am� functions or responsibilities «�ith respect to the pro�ram durina his/her tenure or for one }�ear thereafrer; shall have any interest; direct, or indirect, in any contract or subcontract, or the process thereof. for ��ork to be performed in connection ��=ith the program assisred under the Grant; and that it shall incorporate; or cause to be incorporated; in all such contracts or subcontracts a pro��ision prohibitina such interest pursuant to the purposes of this certification; T. The Contractor certifies, that in accordance with Section 319 of Public La�v 101-121. to the best of his or her know�ledee and belief that: i. I�'o federal appropriated funds have been paid or ��ill be paid. by or on behalf of the undersigned, to any person for influencine or attemptine to influence an officer or employee of any a�enc��; a member of Coneress, an officer or emplo��ee of Congress; in connection �vith the awarding of any federal contract, the mal:ing of any federal �rant, the making of an�� federal loan. the enterine into of am� cooperative contract, and the extension. continuation. rene��al. amendment. or modification of am� federal contract; erant, loan; or cooperative contract. ii. If any funds other than federal appropriated funds ha�=e been paid or �aill be paid to anv person for influencine or attemptina to influence an officer or emplo��ee of an�� asency, a member of Coneress; or an employee of a member of Coneress in connection ��ith this federal contract, erant. loan, or cooperative contract; the undersiened shall compiete and submit Standard Form-LLL; "Disclosure Form to Report Lobbvine". in accordance with its instructions. Pase 22 Tn•o Pa��Agreemenl B�nvem Iht City�of Chuln{'�ism nrtAConmrunip•Housing II'arks Redq'and Lmdirtg V 10-29 U. The Contractor ��ill adopt an affirmative marketing plan in accordance with 34 CFR 9235] if the housing being funded contains five or more units. V. The Architectural Barriers Act of 1968 (42 U.S.C. §§ 4151; et seq.); Additional Requirements: A. The bonding requirements described in 24 CFR Part 85.36 required for construction or faciliry impro��ement contracts or subcontracts that exceed the simplified acquisition threshold (defined at 41 U.S.C. 403(11)). These requirements are further described in Attachment A, which is attached hereto and incorporated by reference; B. Prior to a�sard of an}� contracts or subcontracts, City and Contractor shall verify that contractor or subcontractor is eligible according to the Federal EPLS and LEIE databases. Documentation of such eligibility shall be maintained in the project files; C. Contractor shall comply with and make good faith and reasonable efforts to carry out the purposes of Executive Order 12166 relating to "Improving Access to Services by Persons�i�ith Limited English Proficiency ("LEP"); D. Grantee shall comply with Federal Funding Accountability and Transparency Act (FFAT) requirements established� by the Office of Management and Budget (OMB) concerning the Dun and Bradstreet Data Universal 1��umbering S}�stem (DIJNS), the Central Contractor Registration (CCR) database, and the Federal Punding Accountability and Transparency Act, includii�g Appendix A to PaR 25 of [he Financial Assistance Use of Universal Identifier and Gentral Contractor Registration; 7� Fed. Reg.55671 (Sept. l�}, 2010)(to be codified at 2 CFR part 25) and Appendix A to Part 170 of the Requirements for Federal Funding Accountability and Transparency Act Implementation; 75 Fed. Reg. 55663 (Sept. 14; 2010)(to be codified at 2 CPR par[ 170), including any subsequent amendments. E. Contractor shall compl}� ��ith and make good faith and reasonable efforts to carry out the purposes of Executive Orders 12432 and 1 1625 related to participation in federal programs by Minority Business Fnterprises ("MBE") and Executive Order 12138 related to participation in federal programs by A�ocnen's Business Enterprises (`WBE"); and � F. Sub-recipient shall hold City harmless and indemnify City against any harm that it may suffer H�ith respect to HUD on account of any failure on the part of the Sub- recipient to comply ��ith the requirements of airy such obligation. Pa�e 23 Tx�n PnrtyAgrcemen(Benveen�he Ci�•oJChnln Vistn nnd Cninnwni��HonaingN'orks Renlq�nudLenrling 10-30 8. Scope of�47ork and Schedule: A. Detailed Scope of\4'orh: Contractor shall provide neighborhood outreach ��ia flyers and brochures in various locations of hi�h civic traffic in the City of Chula Vista on a quarterly basis. In addition, the Contractor shal] include materials on the Chula Vista proaram in their Count��-�ride marketine materials; e��ent participation and orientation seminars. Contractor shall continue to provide their 8=hour HUD and I�'eighborn�orks Certified Home Bu��er Education in Enelish and Spanish for interesred residents of Chula Vista. ��ith an increase of at least nvo classes per year in a Chula Vista location. Contractor shall continue to provide Pre and Post-Purchase Counseling to residenu of Chula Vista. The Contractor shall monitor all Chula Vista loan proeram portfolio clients and provide specialized outreach for loss mitigation and homeo��nership presen�ation. Contracror shall administer the Chula Vista HOA�IE funds loan program according to the pro�ram euidelines, including but limiced to: ranking applications for the program; unden«iting; loan document preparation and loan closine. The Contractor shall further pro��ide one-on-one in person client intake and applications for the Chula Vista do��m- pavment assistance applicants. Contractor shall service the loans made on behalf of Chula Vista throueh this program according to standard loan servicing policies and procedures, includine but not limited to: monthl}�/annual statements to borrowers; annual tax statements for interest paid; im�estor reportine and recordine via Loan Base loan sen�icing sofr��are platform (exports to Excel as �vell). Contracror shall further provide annual monitoring and reportina for o��mer oceupancy; as ��ell as all pay-offs, subordinations; safe-deposit oriQinal documents and annual public/im�estor audits. Contractor shall service all other loans that the Citv fon��ards to the Contractor for an additional fee. Contractor shall provide quartedy reports on the outreach, education; and counselina sen�ices pro��ided. Contractor shall implement the Proeram usine the Cin� of Chula Vista's First Time Homebuver Guidelines and further described in E�hibit C. B. Date for Commencement of Contractor Sen�ices: Paee 24 Tw�o Pw(T Aereemtm Bawrm the Cin�ojChu(o I�m and Conmmrtin•Nousingli�b�/'u'Rtalry•and Lertding � 10-31 (x) Same as Effective Date of Agreement ( ) Other: C. Dates or Time Limits for Delivery of Deliverables: Deliverable No. 1: Contractor shall make reasonable efforts to close five (5) First Time Homebuyer loans using HOME funds by June 30, 2014. Deli��erable No. 2: Contractor shall work with the Ciry to ensure that the HOME funds are eapended timely as to not cause the City lo have an e�penditure deficienc�� ti�ith the Department of Housing and Urban Development. D. Date for completion of all Contractor services: June 30, 2015. - This agreement may also be extended by mutual agreement for up to Tour�•ears, in one-year increments. 9. Materials Required to be Supplied by City to Contractor: (1) Copy of the City of Chula Vista`s First Time Homebuyer Program Guidelines that includes checklist(s), Deed of Trust; Promissory Note, and HOME regulatory Agreement, and any other necessary documents to secure the City's interest in the property. (2) Inspection services, as needed (3) Technical assistance; as needed (4) Reporting format (5) Program updates � (6) Verifj� that the family is low-income by reviewing the First Time Homebuyer application, as submitted by Contractor to the City. (7) Environmental Review (NEPA) 10. Compensation: I�'ot��ithstanding the belo��compensation terms; the total compensation for this Agreement shall not exceed Five-Hundred and Fifry Sia Thousand Dollars ($556,000). Any services that exceed ��56,000 require prior approval by the City of Chula Vista. A. (X ) Single Fiaed Fee Arrangement. For performance of all of the Defined Sen�ices by Contractor as herein required, City shall pay a single fixed fee in the amounts and at the tiines or milestones or for the Deliuerables set forth beloti�: Page 25 Two PmTj�Agreemenf BeM�een!he Ci��ojCGuln Vism nnd Comnuu�iq�Housing H'nrAs Renlf��mid Lei:Aircg 10-32 Milestone or E��ent or Deliverable Amount or Percent of Fixed Fee 1. Loanclosing � 1_2>0 2. Semp fees and Servicine Fee $ 2�0 3. Annual Program Program Deliven� Fee � 9;000 4. Homebu}�er Assistance Up to �70,000 O 1. A4onthly Payments. The City shall make interim monthl�� advances aeainst the compensation due for each Deliverable on a percentaee of completion basis for each ei��en Deli��erable. Anp pa��ments made hereunder shall be considered as interest free loans that must be returned to the Cin� if the Deliverable is not satisfactoril�� completed. If the Deliverable is satisfactorily completed; the Citv shall receive credit a�ainst the compensation due for that Deli��erable. The retention amount or percentage set forth in Para�raph 19 is to be applied to each interim payment such that; at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion b�� the Contracts Administrator designated herein by the Cin�, or such other person as the City A4anager shall desienate; but only upon such proof demanded by the Ciq-that has been provided; but in no e��ent shall such interim ad��ance pa��ment be made unless the Contractor shall ha��e represented in «�ritine that said percentaee of completion of the phase has been performed b��the Contractor. The practice of making interim monthly advances shall not com�ert this agreement to a time and materials basis of payment. B. Q Phased Fixed Fee Arrangement. For the performance of each phase or portion of the Defined Sen�ices by Contractor as are separately identified belo�v, Cih� shall pay the fixed fee associated ��ith each phase of Services; in the amounts and at the times or milestones or Deliverab]es set forth. Contractor shall not commence Sen�ices under anp Phase, and shall not be entitled to the compensation for a Phase; unless Cit�� shall ha��e issued a notice to proceed to Contractor as to said Phase. Phase Description Fee for Said Phase Pase 26 T»•o ParR'Agreemen(Befween flm Ciry•ofChu(n I�ism anAComnu�nin•HousingWorks Realp'artd Lending � 10-33 O 1. Interim A4onthly Ad��ances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation far that phase has been paid. Any payments made hereunder shall be considered as interest free� loans that must be returned to the Ciry if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall recei��e credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 18 is to be applied to each interim payment such that; at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion b}� the Contracts Admiuistrator designated herein by the Ciq�; or such other person as the City Manager shall designate, but only upon such proof demanded by the Ciry that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. C. ( ) Hourly Rate Arraneement For performance of the Defined Services by Contractor as herein required; City shall pay Contractar for the producti��e hours of time spent by Contractor in the performance of said Services, at the rates or amounts set forth in the Rate Schedule herein below according to the following terms and conditions: O 1. Not-to-E�ceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Contractor of time and materials in excess of said Maximum Compensation amount, Contractor agrees that Contractor will perform all of the Defined Services herein required of Contractor for , including all D9aterials, and other"reimbursables" (Maximum Compensation). O 2. Limitation without Further Authorization on Time and Materials Arrangement At such time as Contractor shall have incurred time and materials equal to $ (Authorization Limit), Contractor shall not be entitled to any additional compensation �i�ithout further authorization issued in writing and approved by the City. Nothing herein shall preclude Contractor from providing additional Sen�ices at Contractor's o�i�n cost and expense. O Hourly rates may increase by 6% for services rendered after [month], 20_. if delay in providing servicesis caused by City. 1 1. Materials Reimbursement Arrangement Page 27 Tx�o Pnrfj�Agrecmen(Benvecn 1Ne Ci(�'ofCludn I�ism nnd Commimi(}+HousingWbrks ften/��m�d Lendine 10-34 For the cost of out of pocket expenses incurred b}� Contractor in the performance of sen�ices herein required, Cih� shall pay Contractor at the rates or amounts set foRh belo�v: (z) \TOne; the compensation indudes all costs. Cost or Rate ( ) Reports; not to e�ceed $ � ( ) Copies; notto esceed S � ( ) Travel; not to exceed � � O Printine, not to eaceed $ S ( ) Postaoe; not to e�ceed S S O Deliven'. not to exceed � S ( ) Outside Sen�ices: � O Other Acmal Identifiable Direct Costs: � . not to exceed S � . not to eaceed $ $ 12. Contract Administrators: Citv: Jose Dorado Project Coordinator II Contractor: Dee Sedano V.P Lendine 13. Liquidated Damaees Rate: � ) � Per da)'. ( ) Other. 14. Statement of Economic Interests: Contracror Reportin� Cateeories, per Conflict of Interest Code (Chula Vista �4unicipal Code chapter 2.02): (a) Not Applicable. Not an FPPC Filer. ( ) FPPC Filer O Cateeory I�'o. 1. In��estments: sources of income and business interests. O Cateeon�\'o. 2. Interests in real propem�. Page 28 Txo Party Agreement 8rn.rm tht Ciry�afChufa IQsm nnd CommnniR'Housingfl'brl's Redry�and Lmding 10-35 O Category I�ro. 3. In��estments; business positions, interests in real propem�; and sources of income subject to the regulatory, permit or licensing authority of the department administerine this Agreement. O Categoq�No. 4. Im�estments and business positions in business entities and sources of income that engaee in land de��elopment, construction or the acquisition or sale of real property. O Categor}� No. 5. Im�estments and business positions in business entities and sources of income that, within the past two years, have contracted with the City of Chula Vista or the City's Redevelopment Agency to provide services; supplies, materials; machinery or equipment. O Category No. 6. In��estments and business positions in business entities and sources of income that, �a�ithin the past two years, have contracted�with the department administering this Agreement to provide services, supplies, materials, machinery or equipment. O List Contractor Associates interests in real property within 2 radial miles of Project Property, if any: 15. O Contrac[or is Real Estate Broker and/or Salesman 16. Permitted SubContractors: 17. Bill Processing: A. Contractor's Billing to be submitted for the following period of time: (x) Monthly ( ) Quarter]y ( ) Other: B. Day of the Period for submission of Coi�tractor's Billing: ( ) First of the A9onth O 1�th Day of each Month Page 29 Two Pnrt�'Agreement Belween U+e Ci�•of CLuln 14ttn nnd Conurmuip�Housine N'nrks Ren(p�rtnd LenAing 10-36 (z) End ofthe A4onth ( ) Other: C. Cin�'s Account Number: 32�13/7998/893 ]8. Security for Perfortnance ( ) Performance Bond, $ ( ) Letter of Credit, $ ( ) Other Securim: Type: Amount: � O Retention. If this space is checked; then norn�ithstanding other provisions to the contraq� requiring the pa��ment of compensation to the Contractor sooner; the City shall be entided to retain; at their option, either the follo��ins "Retention Percentase" or"Retention AmounT` until the Cit�� determines that the Retention Release E��ent; listed belo��; has occurred: ( ) Retention Percentaee: ( ) Retention Amount: � Retention Release E��ent: O Completion of All Convactor Services ( ) Other: O Other: The Retention Amount may be released on a monthly basis provided that Contractor has performed said monthlti� services to the sole satisfaction of the Assistant Cih� 114anaeer/Direcror of De��elopment Services or his designee. Pa�e 30 Tx•oPalN.4grtemenlBetwxtnlhrCin�ofChufa14s1nnnAComim�nit�'HousingWorlu'R�dn•andLtnCirtg � 10-37 EXHIBIT B: CITY OF CHULA VISTA FIRST TIME HOMEBUYER PROGRAM USING HOME INVESTMENT PARTNERSHIPFUNDS INCOME LIMITS (USING STATE OF Belo�+� 80% oT the Area Median Income CALIFORNIA) ELIGIBLE � AOMEBUYERS n�ust be "�rst-time" homebuyer HOMEBUYER Must attend a HUD approved 8 hour homebuyer education course EDUCATION ELIGIBLE �'acant Property or O�vner Occupied (townhome,condominium, PROPERTY single family home). No Mobilehomes/No Rental Properties or those with tenants. No Ezemptions AFFORDABILITY Shared Equity for a minimum of 15 years (must be repaid) TARGET AREAS City Wide Subject to HOME program 95"/0 of Median value as determined PURCHASE PRICE � by HUD MARKET VALUE Consistent��•ith City of Chula Vista Homebu}•er Program Guidelines,mus[ not exceed Fair Market Value APPRAISAL Appraisal obtained by Lender ' Contractor shall evaluate the housing debt and overall debt of the UNDERWRITING applicants, the appropriateness of the amount of assistance, STANDARDS monthly espenses of the applicant, assets available to acquire the housin , and financial resources to sustain homeownershi . Up to �70,000 for direct homebuqer assistance in accordance�vith ELIGIBLE USE(S) OF the City of Chula Vista First Time Homebuyer Manual. See HOMEBUYER 3 ASSISTANCE FUA'DS Rehabilitation Section for additional assistance available. No fees (e.g., origination fees or points) may be charged to a applicant for the HOD1E homeo�rnership assistance and � ORIGINATION FEES �the City must determine that the fces and other amounts charged to applicants by� the lender of the first mortgage are reasonable and do not exceed the limits included in the Cih�of Chula Vista's First Time Homebu �er Manual. � Page 31 Tx�o Pnrt}•Agreereenl Belween!he Ci��ofGiuln Vism nnAComrnuni��Housingli'orks Renlfp nnALending 10-38 EXPENDITURE D'fust commit aud eipend HODiE funds �cithio the term stated in REQliIRED'IENTS this agreement HODIEBUI'ER ASSISTANCE CAPS � (CALCULATE "GAP Subject to Cih°s HOD'fE program limit of up to 5�0,000 for a FL\'AICING") HOD1E eligible properh� (CiR�-�Vide). Total assistance from all NEEDED TO funding sources canno[esceed 40% of purchase price. ACQUQ2E REAL PROPERTI' DOR'NPA�'DIENT 3% buyers funds. At the discretion of the Cih�'s Project REQULRED Coordinator this 3% can be applied to�sards needed Health and Safet�� re airs or for ener�u arades. • Up to a maximum of 510,000 can be provided for the ADDITIO\AL follo«ing impro��ements: 1) For the propert�•to meet REHABILITATTON HUD's minimum properh�standards,2)Health and Safeh• ASSISTANCE/ Related repairs needed and identified by a Cih Code ENERGY Enforcement O(ticer or Designee 3) remediate Lead Based EFFIC1ENCl' Paint issues IDIPROVEDIENTS (SUBJECT TO . Up to a masimum of 510,000 for Energy Efficienc}• ASSISTANCE CAPS) � Im rovements. LZL1 VOLUNTARI' + AC UISTIONS ONLY subject to URA If fees are charaed to leoders ro participate in the Cih of Chula Vista's Firs[ Time Homebuyer Program, the fee is considered PROGRIDI L\COD1E Program income to [he HODIE program. All Program Income is s retained bc the Cit��of Chula Vista 2a CFR part 92 HOAIE repulations,Oftice of D'Ianagement and REGULATIONS Budget(OD7B Circulars), Fair Housing Act, as amended and Cih� of Chula Vista Homebu}er Proaram �lanual. CONSOLIDATED . ZO70-2015 Consolidated Plan and 2012-2013 Action Plan PLAN addresses the use o(HOD7£ funds for the Production of Affordable Housing � .First 7'ime Homebuyer is defined as not harine owned real propem�within the last three years. � Home Pro�razn Reeulations set these maaimum value and are updated periodically. http:/l��z�•.hud.eov/offices/cpd/affordablehousine/oroerams/tiome/l im itslma�orice.cfm 3 Direct Homeo��nership Assistance refers to the Cin�'s Shazed Equirv Loan/Silent Sofr Second Assistance prograrn.Pleue refer to Ciry of Chula Vista First Time Homebuyer D9anual. Rehabilitation assistance is provided in aceordance��ith the Cip�of Chula Vista's rehabilitation standards.� , < URr1 is defined as Uniform Relocation Act of 1970,as amended. Program Income is defined as any recapture of the initial Ciry Im�estrnent plus shared equin�and/or interest due per the promisson�note and Deed of Trust and any fees paid by lenders to panicipate in � the proeram. Paee 32 Two Paxi'Agreemmt Bea•tm tht Ciry ofChuln I�csm rtnd Coroim�nin'Housing[i'orks Ren(q•and Lersding � 10-39