HomeMy WebLinkAboutC-6378 - Affordable Housing Agreement Regarding Use of Affordable Housing Funds for Various Eligible Senior Residents, Amendment No. 1-3AMENDMENT NO. FOUR TO
AFFORDABLE HOUSING AGREEMENT
BETWEEN THE CITY OF NEWPORT BEACH AND
C) HABITAT FOR HUMANITY, REGARDING USE OF AFFORDABLE HOUSING
FUNDS FOR VARIOUS ELIGIBLE SENIOR RESIDENTS
THIS AMENDMENT NO. FOUR TO AFFORABLE HOUSING AGREEMENT
("Amendment No. Four") is made and entered into as of this 23rd day of December, 2022
("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City"), and HABITAT FOR HUMANITY OF
ORANGE COUNTY, INC., a California nonprofit corporation ("Habitat OC"), whose
address is 2200 Ritchey Street, Santa Ana, CA 92705, and is made with reference to the
following:
RECITALS
A. On November 24, 2015, City, via its OASIS Senior Center ("OASIS"), and Habitat
OC entered into an Affordable Housing Agreement ("Agreement") to implement a
program that identifies low income seniors to provide them with critical home
repairs such as: accessibility, safety concerns, health and wellbeing (toilets,
plumbing, roofing repair), and resolution of code enforcement issues.
B. On November 22, 2016, City and Habitat OC entered into Amendment No. One to
the Agreement ("Amendment No. One") to amend Section 7(a) of the Agreement
regarding Recipient property owners' income requirement.
C. On January 1, 2018, City and Habitat OC entered into Amendment No. Two to the
Agreement ("Amendment No. Two") to extend the term of the Agreement to
January 1, 2020.
D. On December 20, 2019, City and Habitat OC entered into Amendment No. Three
to extend the term of the Agreement to January 1, 2023, and to update insurance
requirements.
E. The parties desire to enter into this Amendment No. Four to extend the term of the
Agreement to January 1, 2028.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
Section 1 of the Agreement is amended in its entirety and replaced with the
following: "The term of this Agreement shall commence on the Effective Date, and shall
terminate on January 1, 2028, unless terminated earlier as set forth herein."
Habitat for Humanity of Orange County, Inc. Page 1
2. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
Habitat for Humanity of Orange County, Inc. Page 2
IN WITNESS WHEREOF, the parties have caused this Amendment No. Four to
be executed on the dates written below.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH,
CITY ATTORNEY S OFFICE a California municipal corporation
Date: � 2 2� Date: 1161262,3
r
y: By:
A on C. ar Gra . Leung
ity AttorW
�06a anager
ATTEST: 4. CONSULTANT: HABITAT FOR
Date: �� ow HUMANITY OF ORANGE COUNTY,
INC., a California nonprofit corporation
Date:
Signed in Counterpart
By: 41 By:
Leilani I. rown Monique C. Davis
City Clerk Chief Executive Officer
Date:
Signed in Counterpart
By:
Marcy Tieger
Secretary
[END OF SIGNATURES]
Habitat for Humanity of Orange County, Inc. Page 3
IN WITNESS WHEREOF, the parties have caused this Amendment No. Four to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORN Y'S OFFICE
Date:
By:
ar n C. H
y Attorney
ATTEST:
Date:
am
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Grace K. Leung
City Manager
CONSULTANT: HABITAT FOR
HUMANITY OF ORANGE COUNTY,
INC., a California nonprofit corporation
Date: (% I �Z
0 2-
B P
Monique C. pavis
Chief Executive Officer
1
Date:
By:
Marcy Tieger
Secretary
[END OF SIGNATURES]
Habitat for Humanity of Orange County, Inc. Page 3
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r
AMENDMENT NO. THREE TO
AFFORDABLE HOUSING AGREEMENT
V BETWEEN THE CITY OF NEWPORT BEACH AND
HABITAT FOR HUMANITY, REGARDING USE OF AFFORDABLE HOUSING
FUNDS FOR VARIOUS ELIGIBLE SENIOR RESIDENTS
THIS AMENDMENT NO. THREE TO AFFORDABLE HOUSING AGREEMENT
("Amendment No. Three") is made and entered into as of this 20th day of December,
2019 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City"), and HABITAT FOR HUMANITY OF
ORANGE COUNTY, INC., a California nonprofit corporation ("Habitat OC"), whose
address is 2200 South Ritchey Street, Santa Ana, California 92705-5308, and is made
with reference to the following:
RECITALS
A. On November 24, 2015, City, via its OASIS Senior Center ("OASIS"), and Habitat
OC entered into an Affordable Housing Agreement ("Agreement") to implement a
program that identifies low income seniors to provide them with critical home
repairs such as: accessibility, safety concerns, health and wellbeing (toilets,
plumbing, roofing repair), and resolution of code enforcement issues.
B. On November 22, 2016, City and Habitat OC entered into Amendment No. One to
the Agreement ("Amendment No. One") to amend Section 7(a) of the Agreement
regarding Recipient property owners' income requirement.
C. On January 1, 2018, City and Habitat OC entered into Amendment No. Two to the
Agreement ("Amendment No. Two") to extend the term of the Agreement to
January 1, 2020.
D. The parties desire to enter into this Amendment No. Three to extend the term of
the Agreement to January 1, 2023, and to update insurance requirements.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
Section 1 of the Agreement is amended in its entirety and replaced with the
following:
"(a) The term of this Agreement shall commence on the above written date, and
shall terminate on January 1, 2023, unless terminated earlier as set forth herein."
2. INSURANCE REQUIREMENTS
Exhibit A, "Insurance Requirements," Section 5(A), is amended in its entirety and
replaced with the following:
Habitat for Humanity of Orange County, Inc. Page 1
A. Evidence of Insurance. Habitat OC shall provide
certificates of insurance to City as evidence of the
insurance coverage required herein, along with a waiver of
subrogation endorsement for workers' compensation and
other endorsements as specified herein for each
coverage. All of the executed documents referenced in
this Contract must be returned to City within ten (10)
regular City business days after the date on the
"Notification of Award". Insurance certificates and
endorsements must be approved by City's Risk Manager
prior to commencement of performance. Current
certification of insurance shall be kept on file with City at
all times during the term of this Contract. The certificates
and endorsements for each insurance policy shall be
signed by a person authorized by that insurer to bind
coverage on its behalf. At least fifteen (15) days prior to
the expiration of any such policy, evidence of insurance
showing that such insurance coverage has been renewed
or extended shall be filed with the City. If such coverage
is cancelled or reduced, Habitat OC shall, within ten (10)
days after receipt of written notice of such cancellation or
reduction of coverage, file with the City evidence of
insurance showing that the required insurance has been
reinstated or has been provided through another
insurance company or companies. City reserves the right
to require complete, certified copies of all required
insurance policies, at any time.
3. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
Habitat for Humanity of Orange County, Inc. Page 2
IN WITNESS WHEREOF, the parties have caused this Amendment No. Three to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
By: ]/V'�-�
Aaron- Harp l
City A orney
ATTEST:
Date: V
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: OI -Z I - Z02 D
By:
Grace eung
City MAager
HABITAT OC: Habitat for Humanity of
Orange County, Inc., a California nonprofit
corporation
Date: le
By:����4
Sh�on Ellis
Chief Executive Officer / President
Date:
U
By:
E ca Berrios
Chief Financial Officer
[END OF SIGNATURES]
Habitat for Humanity of Orange County, Inc. Page 3
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 2/6/2020
Dept./Contact Received From: Brittany Ramirez
Department: CDD Sent to. Marissa By: Brittany
Company/Person required to have certificate: Habitat for Humanity
Type of contract: Professional Services Agreement
it.
GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 4/1/2020-4/1/2021
A. INSURANCE COMPANY: ACE American Insurance Compan
B. AM BEST RATING (A-: VII or greater): A++ XV
C. ADMITTED Company (Must be California Admitted):
Is Company admitted in California?
D. LIMITS (Must be $1 M or greater): What is limit provided?
E. ADDITIONAL INSURED ENDORSEMENT— please attach
F. ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is R
included?
G. PRIMARY & NON-CONTRIBUTORY WORDING (Must be
included): Is it included?
H. PRODUCTS AND COMPLETED OPERATIONS (Must
include): Is it included? (completed Operations status does
not apply to Waste Haulers or Recreation)
NAIC#22667
❑✓ Yes ❑ No
$1M occur/$2M agg
[D Yes ❑ No
Z Yes ❑ No
d❑ Yes ❑ No
✓❑ N/A [-]Yes ❑No
AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE: 7/1/2019-7/1/2020
A. INSURANCE COMPANY: Non Profits United Vehicle Insurance Poo
B. AM BEST RATING (A-: VII or greater) unrated
C. ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
D. LIMITS - If Employees (Must be $1M min. BI & PD and $500,000
UM, $2M min for Waste Haulers): What is limits provided?
E. PRIMARY & NON-CONTRIBUTORY WORDING
ENDORSEMENT - please attach
F. HIRED AND NON -OWNED AUTO ONLY:
G. ADDITIONAL INSURED ENDORSEMENT — please attach
H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its
officers, officials, employees and volunteers): Is it included?
I. SIGNED AUTOMOBILE INSURANCE EXEMPTION FORM:
[]Yes ❑✓ No
$2M
❑✓ Yes
❑ No
✓❑ N/A ❑Yes
❑ No
❑✓ Yes
❑ No
❑✓ Yes
❑ No
ON/A ❑Yes
❑ No
111. WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 1/1/2020-1/1/2021
A. INSURANCE COMPANY: NonProfits' United Workers' Compensation Group
B. AM BEST RATING (A-: VII or greater): not rated
C. ADMITTED Company (Must be California Admitted): ❑ Yes ❑✓ No
D. WORKERS' COMPENSATION LIMIT: Statutory ❑✓ Yes ❑ No
E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater) $500,000
F. WAIVER OF SUBROGATION (To include): Is it included? ❑✓ Yes ❑ No
G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: R] N/A ❑ Yes ❑ No
ADDITIONAL COVERAGES THAT MAYBE REQUIRED
❑ PROFESSIONAL LIABILITY
EFFECTIVE/EXPIRATION DATE: —
A. INSURANCE COMPANY:
❑ POLLUTION LIABILITY
EFFECTIVE/EXPIRATION DATE:
A. INSURANCE COMPANY:
❑ BUILDER'S RISK
EFFECTIVE/EXPIRATION DATE:
A. INSURANCE COMPANY:
EFFECTIVE/EXPIRATION DATE:
A. INSURANCE COMPANY:
Excess Workers' Comp coverage brings the limits into compliance
- Great American E&S Insurance Company
- Safety National Casualty Corp
Unrated, Non -admitted carrier for WC and Auto Liability approved based on pool stability,
which can be reviewed at each renewal period.
A`ppj`roved:
p/
Z/3�
Risk Management`
5/5/2020
Date
AMENDMENT NO. TWO TO
AFFORDABLE HOUSING AGREEMENT
BETWEEN THE CITY OF NEWPORT BEACH AND
V HABITAT FOR HUMANITY, REGARDING USE OF AFFORDABLE HOUSING
FUNDS FOR VARIOUS ELIGIBLE SENIOR RESIDENTS
THIS AMENDMENT NO. TWO TO AFFORDABLE HOUSING AGREEMENT
("Amendment No. Two") is made and entered into as of this 1st day of January, 2018
("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City"), and HABITAT FOR HUMANITY OF
ORANGE COUNTY, INC., a California nonprofit corporation ("Habitat OC"), whose
address is 2200 South Ritchey Street, Santa Ana, California 92705-5308, and is made
with reference to the following:
RECITALS
A. On November 24, 2015, City, via its OASIS Senior Center ("OASIS"), and Habitat
OC entered into an Affordable Housing Agreement ("Agreement") to implement a
program that identifies low income seniors to provide them with critical home
repairs such as: accessibility, safety concerns, health and wellbeing (toilets,
plumbing, roofing repair), and resolution of code enforcement issues.
B. On November 22, 2016, City and Habitat OC entered into Amendment No. One to
the Agreement ("Amendment No. One") to amend Section 7(a) of the Agreement
regarding Recipient property owners' income requirement.
C. The parties desire to enter into this Amendment No. Two to extend the term of the
Agreement to January 1, 2020.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
Section 1 of the Agreement is amended in its entirety and replaced with the
following:
"(a) The term of this Agreement shall commence on the above written date, and
shall terminate on January 1, 2020, unless terminated earlier as set forth herein."
2. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 17- 3
By: (�1
Aaron C. Harp (AM"iob
City Attorney
ATTEST: /�
Date: I. l' ]' O
l 1 &. _1-610FI. Brown
City Clerk
.�
CITY OF NEWPORT BEACH,
a California mu icip I corp9 tion
Date: Z /° Zc�
By: J
Seimone Jurjis
Community Deve&dpment Director
HABITAT OC: HABITAT FOR
HUMANITY OF ORANGE COUNTY, INC.,
a Californian np ofit corporation
Date:
By:
Sh on Ellis
Chief Executive Officer / President
Date: 1-2pZt// 7
By:
Joseph B nington
Chief Financial Officer
[END OF SIGNATURES]
Amendment No. Two to City of Newport Beach Affordable Housing Agreement Page 2
AMENDMENT NO. ONE TO
AFFORDABLE HOUSING AGREEMENT
BETWEEN THE CITY OF NEWPORT BEACH AND
HABITAT FOR HUMANITY, REGARDING USE OF AFFORDABLE HOUSING
FUNDS FOR VARIOUS ELIGIBLE SENIOR RESIDENTS
THIS AMENDMENT NO. ONE TO AFFORDABLE HOUSING AGREEMENT
("Amendment No. One") is made and entered into as of this 22nd day of November,
2016 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City"), and HABITAT FOR HUMANITY OF
ORANGE COUNTY, INC., a California nonprofit corporation ("Habitat OC"), whose
address is 2200 South Ritchey Street, Santa Ana, California 92705-5308, and is made
with reference to the following:
RECITALS
A. On November 24, 2015, City, via its OASIS Senior Center ("OASIS"), and Habitat
OC entered into an Affordable Housing Agreement ("Agreement") to implement a
program that identifies low income seniors to provide them with critical home
repairs such as: accessibility, safety concerns, health and wellbeing (toilets,
plumbing, roofing repair), and resolution of code enforcement issues.
B. The parties desire to enter into this Amendment No. One to amend Section 7(a)
of the Agreement regarding Recipient property owners' income requirement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. RECIPIENT PROPERTY OWNER'S AGE AND INCOME REQUIREMENT
Section 7(a) of the Agreement is amended in its entirety and replaced with the
following:
"(a) The housing unit shall be occupied by persons or families earning no more
than eighty percent (80%) of the County annualized median income ("Low
Income'). Each qualified property shall be occupied by persons who are sixty
(60) years of age or older, are residing in the property as their primary residence,
and shall be named on the title of the house."
2. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 1%
Aaron C. Harp
City Attorney
ATTEST: J► I'
Date:
By: A L cz, No—�
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporal
Mayor
HABITAT OC: HABITAT FOR HUMANITY
OF ORANGE COUNTY, INC, a California
nonprofit corporation
Date: /-:/i//fi
By: ,�;6z
Sharon Ellis
President / Chief Executive Officer
Date: ! 2 . / - /"�
By:
Joseph Bennington
Chief Financial Officer
[END OF SIGNATURES]
Amendment No. One to City of Newport Beach Affordable Housing Agreement Page 2
`b AFFORDABLE HOUSING AGREEMENT
BETWEEN THE CITY OF NEWPORT BEACH AND
r•(� HABITAT FOR HUMANITY, REGARDING USE OF AFFORDABLE HOUSING FUNDS FOR
VARIOUS ELIGIBLE SENIOR RESIDENTS
_l
u This AFFORDABLE HOUSING AGREEMENT ("Agreement") is entered into as of this
day of November 24, 2015 by and between the City of Newport Beach, a California municipal
corporation and charter city, ("City"), and Habitat for Humanity of Orange County, Inc., a
California nonprofit corporation ("Habitat OC"), and is made on the basis of the following facts,
intentions and understandings:
RECITALS
WHEREAS, maintaining and preserving existing housing for lower-income senior
citizens, a special needs population, in the City of Newport Beach, furthers the City's affordable
housing goals and objectives as expressed in the Housing Element and more specifically
implements Housing Element Policies 1.1 and 5.1 and Housing Element Programs 1.1.2 and
4.1.4;
WHEREAS, City is a municipal corporation which has received funds from the payment
of affordable housing in -lieu fees by developers of market rate housing who did not provide
affordable housing units in compliance with City's Housing Element;
WHEREAS, Habitat OC has taken on critical home repair as a way to realize their
mission to serve persons in need, including projects that focus on health/safety, energy
efficiency, weatherization, code compliance, and accessibility;
WHEREAS, OASIS Senior Center in Newport Beach ("OASIS") - a department of the
City - has identified a need for critical home repair for low income seniors in the City of Newport
Beach;
WHEREAS, OASIS has partnered with Habitat OC to implement a program that
identifies low income seniors and provides them critical home repairs such as: accessibility,
safety concerns, health and wellbeing (toilets, plumbing, roofing repair), and resolution of code
enforcement issues;
WHEREAS, the grant request of Six Hundred Thousand Dollars and 00/100
($600,000.00) of the City's affordable housing fund to implement the program shall provide
funding for approximately thirty (30) low income seniors with home repairs;
WHEREAS, City has relied on the information submitted by OASIS and Habitat OC
therein, including the financial capacity, commitment by Habitat OC and OASIS, to determine
program eligibility to receive assistance;
WHEREAS, funding from the City is essential for critical home repairs for low income
seniors to allow them to reside in their existing homes safely, preserving the housing stock for
lower income residents in the City of Newport Beach;
City of Newport Beach Affordable Housing Agreement Page 1
WHEREAS, recipient ("Recipient") is the eligible owner of the fee interest in certain real
property in the City of Newport Beach ("Property"), that is also Recipient's primary residence
and is occupied by Recipient as such; and
WHEREAS, OASIS has determined that Recipient is eligible to receive assistance as
more fully set forth in this Agreement.
NOW, THEREFORE, the Recitals set forth above are a substantive part of this
Agreement and for good and valuable consideration the parties agree as follows:
Section 1.
(a) The term of this Agreement shall commence on the above written date, and shall
terminate January 1, 2018, unless terminated earlier as set forth herein.
Section 2. Agreement Funds. City does hereby agree to disburse to Habitat OC an
amount of Six Hundred Thousand Dollars and 00/100 ($600,000.00) ("Agreement Funds")
solely to pay for the critical home repairs in accordance with and subject to the terms and
conditions of this Agreement. The Agreement Funds shall only be disbursed by the City to
Habitat OC for the properly documented costs of making the repairs as further set forth herein.
Section 3. Conditions Precedent to Fund Disbursement.
(a) The Agreement Funds shall be disbursed in accordance with the following procedures:
Prior to disbursement of any Agreement Funds, Habitat OC shall execute and
deliver to the City this Agreement and a copy of an executed contract by and
between Habitat OC and each contractor providing home repairs for each
property. These agreements shall provide the total costs of completing the home
repairs for a single property at a time.
2. Prior to disbursement of any Agreement Funds, Habitat OC shall obtain any
necessary permits for the home repairs issued by the City's Community
Development Department, Building Division, as well as any other permits
required by local, state, and federal government entities.
3. Prior to disbursement of any Agreement Funds, Habitat OC shall provide the City
certificates of insurance for each contractor with original endorsements effecting
coverage required by this Agreement and as set forth in detail in Exhibit A,
which is attached hereto and incorporated herein by this reference.
4. Prior to disbursement of any Agreement Funds, Habitat OC shall provide either:
an approved scope of work and budget between Habitat OC and Recipient for
the first fifty percent (50%) disbursement of total funds, or invoices and other
documents showing that Habitat OC has expended the money used for the
completion of home repairs for the disbursement of remainder funds.
5. Upon verification and approval by the City that Habitat OC has complied with
Section 3 Subsections (a), (1) through (5), the City shall disburse payment to
Habitat OC for work completed and inspected when required, within in ten (10)
business days upon:
City of Newport Beach Affordable Housing Agreement Page 2
i. The submittal of invoices, documents and other information requested by
the City for work associated with the home repairs for which Habitat OC is
seeking disbursement;
ii. Written verification by Habitat OC that the work has been satisfactorily
performed; and
iii. The submittal of , conditional lien releases from the contractor,
subcontractor and suppliers, in a form approved by the City, releasing Habitat
OC, OASIS, and City of liability upon making progress or final payments.
(b) The parties hereto agree that the City shall not be obligated to reimburse Habitat OC
and Habitat OC shall be required to reimburse the City within ten (10) business days, the entire
amount of any Agreement Funds paid to Habitat OC on an individual project basis under this
Agreement if any of the following conditions occur:
1. Habitat OC does not obtain a final inspection for the home repairs if required by
the City's Community Development, Building Division;
2. Habitat OC fails to submit a lien release in such form as approved by City;
3. Habitat OC defaults in the performance of Habitat OC's obligations under this
Agreement; or
4. If any of the Agreement Funds disbursed by City are not used for the agreed
upon improvements.
Section 4. City of Newport Beach Responsibilities.
The parties hereto acknowledge and agree as follows:
(a) The City, OASIS, and Habitat OC are not entering into a joint venture. Nothing in this
Agreement shall be deemed to constitute approval for Habitat OC or any of Habitat OC's
employees, volunteers, or agents, to be the agents, volunteers, or employees of City.
(b) The Community Development Department of the City shall monitor the Affordable
Housing Fund disbursement and tracking of the projects to be reported in the annual Housing
Element Report on implementation of Housing Element Programs and Policies.
Section 5. OASIS Responsibilities.
The parties hereto acknowledge and agree as follows:
(a) OASIS shall conduct Phase 1 Project Identification and Qualification ("Phase 1"),
which includes the following:
1. Marketing and outreach to seniors living in the City who own their primary
residence and are owner -occupied;
City of Newport Beach Affordable Housing Agreement Page 3
2. Resident application intake, answering of questions, and processing the
documentation needed for income evaluation;
3. Implementing the program that will identify residents whose homes are in
need of repair in the following categories:
i. Accessibility;
ii. Safety concerns;
iii. Health and wellbeing; and/or
iv. Cited by code enforcement;
4. Walk-through with a qualified volunteer who has experience in construction
for the initial assessment at the subject property to evaluate the severity and
need of the repair(s). Community Development Department staff may attend
initial assessment to assist in property evaluation; and
5. Review and selection wherein staff shall evaluate possible projects and
forward selections to Habitat OC, who shall complete a separate written
agreement with and be responsible for the improvements.
(b) Upon the Recipient and OASIS approving the scope of work and budget under
separate written agreement, OASIS shall disburse fifty percent (50%) of the estimated total
construction cost to Habitat OC.
(c) Upon receiving completed and final invoices needed for the project, OASIS shall
disburse the remaining funds allocated for the subject property.
(d) OASIS shall monitor the eligibility of the Recipient through completion of the work
performed under this Agreement. OASIS shall report this information to City's Community
Development Department for their annual Housing Element Report per Section 4(b). OASIS'
reporting shall include all properties and seniors served by the Agreement Funds, and the work
performed under this Agreement
Section 6. Habitat OC Responsibilities.
The parties hereto acknowledge and agree as follows:
(a) For each property, Habitat OC shall conduct Phase 2 Project Scope and Repair
("Phase 2"), which includes the following:
1. Second walk-through to ascertain the details of the repair;
2. Scope of work budget creation wherein a detailed scope of work and project
budget shall be created;
3. Legal review and document preparation wherein the scope of work shall be
finalized, including liability documents;
4. Recipient and OASIS approval where OASIS and the Recipient approve the
scope of work and budget under separate written agreement prior to
commencement of the repair;
City of Newport Beach Affordable Housing Agreement Page 4
5. Obtain necessary building permits from the City's Community Development
Department, Building Division;
6. Construction of the repairs that may require volunteer assistance;
7. Final walk-through and Work acceptance with Recipient, confirming work has
been completed and is acceptable;
8. Final Building Inspection if City building permits have been obtained;
9. Completion of the invoices necessary for the Work, which shall be forwarded
to the OASIS for the disbursement of the remaining funds allocated for the
subject property.
(b) Habitat OC shall be responsible for all tracking of Agreement Funds by providing
budgets, invoices, receipts and lien releases as described in this Agreement.
(c) City and its elected or appointed officers, agents, officials, employees and
volunteers thereof shall not be responsible in any manner: for any loss or damages that may
happen as a result of this Agreement; the construction of the improvements or any part thereof;
for any loss or damage to any of the materials or other things used or employed in performing
the construction of the repairs; for injury to or death of any person, either workers or the public;
or for damage to property from any cause arising from the construction of the repairs by Habitat
OC, its contractor or subcontractor, its workers, volunteers, or anyone employed by Habitat OC.
The manner and means of conducting the work on the improvements are under the control of
Habitat OC, except to the extent they are limited by statute, rule or regulation and the express
terms of this Agreement.
(d) City shall have no responsibility or liability to Habitat OC or any third party
regarding any action or failure of any contractor, subcontractor, supplier or third party and that
City in no way guarantees any of the work to be done or the materials to be supplied. City's
sole obligation with respect to the repairs shall be for disbursement of the Agreement Funds in
accordance with the terms of this Agreement.
Section 7. Recipient Property Owner's Age and Income Requirement.
Subject property shall be considered eligible as set forth below:
(a) The housing unit shall be occupied by persons or families earning no more than
fifty percent (50%) of the County annualized median income ("Very Low -Income"). Each
qualified property shall be occupied by persons who are sixty (60) years of age or older, are
residing in the property as their primary residence, and shall be named on the title of the
house.
(b) Total assets are considered as part of Recipient's income
Section 8. Indemnity; Hold Harmless. To the fullest extent permitted by law, Habitat OC
shall indemnify, defend and hold harmless City, OASIS, its City Council, boards and
commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified
City of Newport Beach Affordable Housing Agreement Page 5
Parties") from and against any and all claims (including, without limitation, claims for bodily
injury, death or damage to property), demands, obligations, damages, actions, causes of action,
suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without
limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate
(directly or indirectly) to this Agreement, any breach of the terms and conditions of this
Agreement, any work performed or services provided under this Agreement including, without
limitation, defects in workmanship or materials or Habitat OC presence or activities related to
the Improvements or pursuant to this Agreement (including, but not limited to, the negligent
and/or willful acts, errors and/or omissions of Habitat OC, its principals, officers, agents,
employees, vendors, suppliers, contractors, consultants, subcontractors, suppliers anyone
employed directly or indirectly by any of them or for whose acts they may be liable or any or all
of them).
Notwithstanding the foregoing, nothing herein shall be construed to require Habitat OC to
indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful
misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as
authorizing any award of attorney's fees in any action on or to enforce the terms of this
Agreement. This indemnity shall apply to all claims and liability regardless of whether any
insurance policies are applicable. The policy limits do not act as a limitation upon the amount of
indemnification to be provided by the Habitat OC.
Habitat OC shall be responsible for any liability imposed by law and for injuries to or death of
any person or damage to property resulting from defects, obstructions or from any cause arising
from Habitat OC's work under this Agreement upon Recipient's Property, or the work of any
subcontractor or supplier selected by Habitat OC.
Habitat OC and its contractors, subcontractors, volunteers, and agents, shall perform all work in
a manner to minimize public inconvenience and possible hazard, to restore other work areas to
their original condition and former usefulness as soon as possible, and to protect public and
private property. Habitat OC shall be liable for any private or public property damaged during
the performance of the work upon the Property pursuant to this Agreement.
Nothing in this Section or any other portion of the Agreement shall be construed as authorizing
any award of attorneys' fees in any action to enforce the terms of this Agreement, except to the
extent provided for above.
The rights and obligations set forth in this Section shall survive the termination of this
Agreement.
Section 9. Non -Discrimination.
(a) OASIS shall be responsible for ensuring that persons or families selected for
grants funds under this Agreement properly qualify to occupy the units under the terms of this
Agreement. Selection of the persons shall be made on the basis of criteria that are neutral as to
race, religion, sex, creed, ethnic origin, marital status, or any other constitutionally impermissible
standard.
(b) Habitat OC represents that it is an equal opportunity employer and it shall not
discriminate against any contractor, subcontractor, supplier, employee or applicant for
City of Newport Beach Affordable Housing Agreement Page 6
employment because of race, religion, sex, creed, ethnic origin, marital status, or any other
constitutionally impermissible standard.
Section 10. Prevailing Wages.
If applicable, pursuant to the applicable provisions of the Labor Code of the State of California,
not less than the general prevailing rate of per diem wages including legal holidays and
overtime Work for each craft or type of workman needed to execute the Work contemplated
under the Contract shall be paid to all workmen employed on the Work to be done according to
the Contract by the Contractor and any subcontractor. In accordance with the California Labor
Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general
prevailing rate of per diem wages in the locality in which the Work is to be performed for each
craft, classification, or the Department of Industrial Relations. The Contractor is required to
obtain the wage determinations from the Department of Industrial Relations and post at the job
site the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any
subcontractor under him/her to comply with all State of California labor laws, rules and
regulations, and the parties agree that the City shall not be liable for any violation thereof.
If both the Davis -Bacon Act and State of California prevailing wage laws apply and the federal
and state prevailing rate of per diem wages differ, Contractor and subcontractor, if any, shall
pay the higher of the two rates. Said prevailing rate of per diem wages are on file at the City,
Office of the City Clerk, 100 Civic Center Drive, Newport Beach, California 92660, and are
available to any interested party on request.
Section 11. Compliance. Habitat OC agrees to strictly comply with all requirements of this
Agreement.
Section 12. Default.
(a) Termination for Cause. In the event the City determines that there has been
any fraud or deceit by Habitat OC including, but not limited to, any material misrepresentation by
Habitat OC, the City may, in its sole discretion, immediately terminate this Agreement. In the
event that either party fails or refuses to perform any of the provisions of this Agreement at the
time and in the manner required, that party shall be deemed in default in the performance of this
Agreement. If such default is not cured within a period of five (5) calendar days, or if more than
five (5) calendar days are reasonably required to cure the default and the defaulting party fails
to give adequate assurance of due performance within five (5) calendar days after receipt of
written notice of default, specifying the nature of such default and the steps necessary to cure
such default, and thereafter diligently take steps to cure the default, the non -defaulting party
may terminate the Agreement forthwith by giving to the defaulting party written notice thereof.
(b) Repayment. In the event of termination for cause as provided in Subsection (a)
of Section 12 of this Agreement, Habitat OC shall, within ten (10) calendar days, repay the
amount of the Agreement Funds that City determines to have been spent in contravention of
this Agreement as set forth in Section 12(a), to the City, plus interest which shall bear a rate of
ten percent (10%) from the date the Agreement Funds were distributed to Habitat OC.
(c) Acceptance of Service of Process. In the event that any legal action is
commenced by Habitat OC against the City, service of process on the City shall be made by
personal service upon the City Clerk, or in such other manner as may be provided by law.
City of Newport Beach Affordable Housing Agreement Page 7
In the event that any legal action is commenced by City against Habitat OC,
service of process on Habitat OC shall be made in such manner as may be provided by law,
whether made within or outside the State of California.
Section 13. General Provisions.
(a) Notices. All notices, demands, requests or approvals to be given under the
terms of this Agreement shall be given in writing, and conclusively shall be deemed served
when delivered personally, or on the third business day after the deposit thereof in the United
States mail, postage prepaid, first-class mail, addressed as hereinafter provided. All notices,
demands, requests or approvals from Habitat OC to City shall be addressed to City at:
To City: City of Newport Beach
Community Development Director
100 Civic Center Drive
P.O. Box: 1768
Newport Beach, CA 92658
With a copy to: OASIS Senior Center
801 Narcissus Avenue
Corona Del Mar, CA 92625
All notices, demands, requests or approvals from City to Habitat OC shall be addressed
to Habitat OC at:
To Habitat OC: Habitat for Humanity of Orange County, Inc.
2200 South Ritchey Street
Santa Ana, CA 92705-5308
Either party may change its address for notice by giving written notice thereof to the
other party.
(b) Amendment of Agreement. No modification, rescission, waiver, release or
amendment of any provision of this Agreement shall be made except by a written agreement
executed by Habitat OC and City, and approved as to form by City's City Attorney.
(c) Assignment Prohibited. In no event shall Habitat OC assign or transfer any
portion of its rights or obligations under this Agreement without the prior express written consent
of City, which consent may be given or withheld in City's sole discretion. The sale, assignment,
transfer or other disposition of any of the issued and outstanding capital stock of Habitat OC
which results in changing the control of Habitat OC shall be considered a prohibited assignment.
Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or
more of the assets of the corporation.
(d) Habitat OC to File Notices. Habitat OC shall file or record any notices of
completion, cessation of labor, or any other notice that City deems necessary or desirable to
protect its interest hereunder.
City of Newport Beach Affordable Housing Agreement Page 8
(e) Actions. City shall have the right to commence, appear in, or defend any action
or proceeding purporting to affect the rights, duties, or liabilities of the parties hereunder, or the
disbursement of any proceeds of the Agreement Funds.
(f) Applicable Law. The laws of the State of California shall govern the
interpretation and enforcement of this Agreement and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange.
(g) Construction of Words. Except where the context otherwise requires, words
imparting the singular number shall include the plural number and vice versa, words imparting
persons shall include firms, associations, partnerships and corporations, and words of either
gender shall include the other gender.
(h) Partial Invalidity. If any provisions of this Agreement shall be declared invalid,
illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions
hereof shall continue in full force and effect.
(i) Captions and Headings. Captions and headings in this Agreement are for
convenience of reference only, and are not to be considered in construing the Agreement.
Q) Joint and Several Liability. If Habitat OC consists of more than one person, the
obligations of this Agreement shall be the joint and several obligations of all of them.
(k) Entire Agreement. This Agreement constitutes the entire understanding and
agreement of the parties. This Agreement integrates all of the terms and conditions mentioned
herein or incidental thereto, and supersedes all prior negotiations, discussions and previous
agreements between City and Habitat OC concerning all or any part of the subject matter of this
Agreement. No verbal agreement or implied covenant shall be held to vary the provisions
herein.
(1) Interpretation. The terms of this Agreement shall be construed in accordance
with the meaning of the language used and shall not be construed for or against either party by
reason of the authorship of the Agreement or any other rule of construction which might
otherwise apply.
(m) Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach of the
same or any other term, covenant or condition contained herein, whether of the same or a
different character.
(n) Compliance with all Laws. Habitat OC shall at its own cost and expense
comply with all statutes, ordinances, regulations and requirements of all governmental entities,
including federal, state, county or municipal, whether now in force or hereinafter enacted. In
addition, all Work prepared by Habitat OC, its contractors and subcontractors shall conform to
applicable City, county, state and federal laws, rules, regulations and permit requirements. The
parties expressly agree that it shall be Habitat OC's obligation to determine whether the
use of the Agreement Funds requires the payment of prevailing wages for the
construction of the Improvements and to comply with any applicable laws, rules and
regulations related to the payment of prevailing wages.
City of Newport Beach Affordable Housing Agreement Page 9
(o) Conflicts of Interest. Habitat OC or its employees may be subject to the
provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such
persons to disclose any financial interest that may foreseeably be materially affected by this
Agreement, and (2) prohibits such persons from making, or participating in making, decisions
that will foreseeably financially affect such interest.
If subject to the Act, Habitat OC shall conform to all requirements of the Act. Failure to
do so constitutes a material breach and is grounds for immediate termination of this Agreement
by City. Habitat OC shall indemnify and hold harmless City for any and all claims for damages
resulting from Habitat OC's violation of this Subsection.
(p) Records. Habitat OC shall keep records and invoices in connection with the
Improvement work. Habitat OC shall maintain complete and accurate records with respect to
the costs incurred in the improvement work and any expenditures and disbursements of the
Agreement Funds, for a minimum period of four (4) years, or for any longer period required by
law, from the date of final payment of any Agreement Funds under this Agreement. All such
records and invoices shall be clearly identifiable. Habitat OC shall allow a representative of City
to examine, audit and make transcripts or copies of such records and invoices during regular
business hours. Habitat OC shall allow inspection of all work, data, documents, proceedings
and activities related to the Agreement during the term of this Agreement and for a period of
three (3) years from the termination of this Agreement.
(q) Confidentiality. All documents, including drafts, notes and communications that
result from this Agreement, shall be kept confidential unless City authorizes in writing the
release of information.
(r) Cooperation. Habitat OC agrees to work closely and cooperate fully with City
and any other agencies that may have jurisdiction or interest in this Agreement. City agrees to
cooperate with Habitat OC in the implementation of this Agreement.
(s) Non -Liability of Officials, Employees and Agents. No official, officer,
employee, agent, or representative of City shall be personally liable to Habitat OC or its
successors and assigns for any loss arising out of or connected with this Agreement and no
judgment or execution thereon entered in any action hereon shall be personally enforced
against any such official, officer or employee.
(t) No Attorney's Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attomeys' fees.
[SIGNATURES ON NEXT PAGE]
City of Newport Beach Affordable Housing Agreement Page 10
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year written below.
CITY OF NEWPORT BEACH,
a municipal corporation
By:
Edward . Selich
Mayor
APPROVED AS TO FORM:
OFFICE OF FSE GITY ATTORNEY
By; ((rl
Aaron C. Harp 'LAM %x1j4ijf
City Attorney
Habitat for Humanity of Orange County,
Inc., a California nonprofit corporation
By:
Name: Sharon Ellis
Title: President/ CEO
(Corporate Officer)
By: X- J 49w�!�
Name: Linda Shepherd
Title: CFO
(Financial Officer)
ATTEST:.,pU
By: C 1 -ti
a�vo�"EW�°RT
Leilani I. Brown
City Clerk
e.,
���FORN�P
Attachments: Exhibit A — Insurance Requirements
City of Newport Beach Affordable Housing Agreement Page 11
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
On nr6VL5M-BE Zq 2015 before me, RtT7- A 12O�5 , Notary Public, personally
appearedSF-L X12 U �! t✓ l�l�t S proved to me
on the basis of satisfactory evidence to be the person'W whose name(soere-subscribed to the
within instrument and acknowledged to me that he executed the same in -his er
authorized capacity(ies), and that by hier signatures} on the instrument the person*,,
or the entity upon behalf of which the person(s) acted, executed the instrument.
_trt hanc�and off'clal eal. RITA ssion ROSS
Y I Commission Ar 2103708
s'a
Notary Public - California i
zOrange County
�_My Comm. Expires Apr 15, 2019
Notary Public in and f6r said State (Seal)
A notary public oro her officer completing this
certificate verifies o ly the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
On NDVOM136K 20 2015, before me, )el Tk- A- ROSS Notary Public, personally
appeared l,1 IVDA 5kt- �7P/k(Z'D , proved to me
on the basis of satisfactory evidence to be the personf&) whose name(&&afe-subscribed to the
within instrument and acknowledged to me that he h they executed the same in his4�j—ethetr
authorized capacity(iee), and that by 4iis 1e their-signature(s} on the instrument the person(.&),
or the entry upon behalf of w,bigh the person(&) actedy s _�iitp P ern t
seal. Commission ♦ 2103708
Notary Public - California
Orange County
in ancYfor said State
City of Newport Beach Affordable Housing Agreement Page 12
EXHIBIT A
INSURANCE REQUIREMENTS
Provision of Insurance. Without limiting Habitat OC's indemnification of City, and prior to
commencement of Work, Habitat OC shall obtain, provide and maintain at its own expense
during the term of this Agreement, policies of insurance of the type and amounts described
below and in a form satisfactory to City. Habitat OC agrees to provide insurance in
accordance with requirements set forth here. If Habitat OC uses existing coverage to
comply and that coverage does not meet these requirements, Habitat OC agrees to
amend, supplement or endorse the existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance company
currently authorized by the Insurance Commissioner to transact business of insurance in
the State of California, with an assigned policyholders' Rating of A- (or higher) and
Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's
Key Rating Guide, unless otherwise approved by City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Habitat OC shall maintain Workers'
Compensation Insurance providing statutory benefits and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each employee or
volunteer for bodily injury by accident and each employee or volunteer for bodily
injury by disease in accordance with the laws of the State of California, Section
3700 of the Labor Code. In addition, Habitat OC shall require each subcontractor to
similarly maintain Workers' Compensation Insurance and Employer's Liability
Insurance in accordance with California law for all of the subcontractor's
employees. The insurer issuing the Workers' Compensation insurance shall amend
its policy by endorsement to waive all rights of subrogation against City, its elected
or appointed officers, agents, officials, employees and volunteers. Habitat OC shall
submit to City, along with the certificate of insurance, a Waiver of Subrogation
endorsement in favor of City, its elected or appointed officers, agents, officials,
employees and volunteers.
B. General Liability Insurance. Habitat OC shall maintain commercial general liability
insurance and, if necessary, umbrella liability insurance, with coverage at least as
broad as provided by Insurance Services Office form CG 00 01, in an amount not
less than one million dollars ($1,000,000) per occurrence, two million dollars
($2,000,000) general aggregate and two million dollars ($2,000,000) completed
operations aggregate. The policy shall cover liability arising from premises,
operations, products -completed operations, personal and advertising injury, and
liability assumed under an insured contract (including the tort liability of another
assumed in a business contract).
C. Automobile Liability Insurance. Habitat OC shall maintain automobile insurance at
least as broad as Insurance Services Office form CA 00 01 covering bodily injury
and property damage for all activities of Habitat OC arising out of or in connection
with Work to be performed under this Agreement, including coverage for any
owned, hired, non -owned or rented vehicles, in an amount not less than one million
dollars ($1,000,000) combined single limit for each accident.
City of Newport Beach Affordable Housing Agreement Page A-1
4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the
following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to
this Agreement shall be endorsed to waive subrogation against City, its elected or
appointed officers, agents, officials employees and volunteers or shall specifically
allow Habitat OC or others providing insurance evidence in compliance with these
requirements to waive their right of recovery prior to a loss. Habitat OC hereby
waives its own right of recovery against City, and shall require similar written
express waivers and insurance clauses from each of its subcontractors.
B. Additional Insured Status. All liability policies including general liability, products
and completed operations, excess liability, pollution liability, and automobile liability,
if required, shall provide or be endorsed to provide that City, its elected or appointed
officers, agents, officials employees and volunteers shall be included as additional
insureds under such policies.
C. Pdmary and Non Contributory. Habitat OC's insurance coverage shall be primary
insurance and/or the primary source of recovery with respect to City, its elected or
appointed officers, agents, officials, employees and volunteers. Any insurance or
self-insurance maintained by City shall be excess of Habitat OC's insurance and
shall not contribute with it.
D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days'
notice of cancellation or nonrenewal of coverage (except for nonpayment for which
ten (10) calendar days' notice is required) for each required coverage except
Builders Risk Insurance, which shall contain an endorsement with said required
notices.
5. Additional Agreements Between the Parties. The parties hereby agree to the following:
A. Evidence of Insurance. Habitat OC shall provide certificates of insurance to City as
evidence of the insurance coverage required herein, along with a waiver of
subrogation endorsement for workers' compensation and other endorsements as
specified herein for each coverage. All of the executed documents referenced in
this Agreement must be returned to City within ten (10) regular City business days
after the date on the "Notification of Award". Insurance certificates and
endorsements must be approved by City's Risk Manager prior to commencement of
performance. Current certification of insurance shall be kept on file with City at all
times during the term of this Agreement. City reserves the right to require
complete, certified copies of all required insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time during the
term of the Agreement to change the amounts and types of insurance required by
giving Habitat OC ninety (90) calendar days advance written notice of such change.
If such change results in substantial additional cost to Habitat OC, City and Habitat
OC may renegotiate Habitat OC's funding.
C. Right to Review Subcontracts. Habitat OC agrees that upon request, all
agreements with subcontractors or others with whom Habitat OC enters into
agreements with on behalf of City will be submitted to City for review. Failure of City
City of Newport Beach Affordable Housing Agreement Page A-2
to request copies of such agreements will not impose any liability on City, or its
employees. Habitat OC shall require and verify that all subcontractors maintain
insurance meeting all the requirements stated herein, and Habitat OC shall ensure
that City is an additional insured on all insurance required from subcontractors. For
CGL coverage, subcontractors shall provide coverage with a format at least as
broad as CG 20 38 04 13.
D. Enforcement of Agreement Provisions. Habitat OC acknowledges and agrees that
any actual or alleged failure on the part of City to inform Habitat OC of non-
compliance with any requirement imposes no additional obligations on City nor
does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features or limits
contained in this Exhibit A are not intended as a limitation on coverage, limits or
other requirements, or a waiver of any coverage normally provided by any
insurance. Specific reference to a given coverage feature is for purposes of
clarification only as it pertains to a given issue and is not intended by any party or
insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any
type. If Habitat OC maintains higher limits than the minimums shown above, the
City requires and shall be entitled to coverage for higher limits maintained by
Habitat OC. Any available proceeds in excess of specified minimum limits of
insurance and coverage shall be available to the City.
F. Self -Insured Retentions. Habitat OC agrees not to self -insure or to use any self-
insured retentions on any portion of the insurance required herein and further
agrees that it will not allow any indemnifying party to self -insure its obligations to
City. If Habitat OC's existing coverage includes a self-insured retention, the self-
insured retention must be declared to City. City may review options with Habitat
OC which may include reduction or elimination of the self-insured retention,
substitution of other coverage, or other solutions. Habitat OC agrees to be
responsible for payment of any deductibles on their policies.
G. City Remedies for Non Compliance. If Habitat OC or any subcontractor fails to
provide and maintain insurance as required herein, then City shall have the right but
not the obligation, to purchase such insurance, to terminate this Agreement, or to
suspend Habitat OC's right to proceed until proper evidence of insurance is
provided. Any amounts paid by City shall, at City's sole option, be deducted from
amounts payable to Habitat OC or reimbursed by Habitat OC upon demand.
H. Timely Notice of Claims. Habitat OC shall give City prompt and timely notice of
claims made or suits instituted that arise out of or result from Habitat OC's
performance under this Agreement, and that involve or may involve coverage under
any of the required liability policies. City assumes no obligation or liability by such
notice, but has the right (but not the duty) to monitor the handling of any such claim
or claims if they are likely to involve City.
I. Coverage not Limited. All insurance coverage and limits provided by Habitat OC
and available or applicable to this Agreement are intended to apply to the full extent
of the policies. Nothing contained in this Agreement or any other agreement
relating to City or its operations limits the application of such insurance coverage.
City of Newport Beach Affordable Housing Agreement Page A-3
Coverage Renewal. Habitat OC will renew the coverage required here annually as
long as Habitat OC continues to provide any Work under this or any other
Agreement or agreement with City. Habitat OC shall provide proof that policies of
insurance required herein expiring during the term of this Agreement have been
renewed or replaced with other policies providing at least the same coverage.
Proof that such coverage has been ordered shall be submitted prior to expiration. A
coverage binder or letter from Habitat OC's insurance agent to this effect is
acceptable. A certificate of insurance and/or additional insured endorsement as
required in these specifications applicable to the renewing or new coverage must
be provided to City with five (5) calendar days of the expiration of the coverages.
K. Maintenance of General Liability Coverage. Habitat OC agrees to maintain
commercial general liability coverage fora period of ten (10) years after completion
of the Work or to obtain coverage for completed operations liability for an equivalent
period.
City of Newport Beach Affordable Housing Agreement Page A-4
r
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 1/13/16 Dept./Contact Received From: Terresa
Date Completed: 1/21/16 Sent to: Terresa By: Chris
Company/Person required to have certificate: Habitat for Humanity of Orange County
Type of contract: All Others
I. GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 4/1/15-4/1/16
EFFECTIVE/EXPIRATION DATE: 1/15/16-7/15/16
A.
INSURANCE COMPANY: Ace American Insurance Company
A.
B.
AM BEST RATING (A-: VII or greater): A++:XV
B.
C.
ADMITTED Company (Must be California Admitted):
C.
Is Company admitted in California?
® Yes ❑ No
D.
LIMITS (Must be $1M or greater): What is limit provided?
IW2M
E.
ADDITIONAL INSURED ENDORSEMENT — please attach
® Yes ❑ No
F.
PRODUCTS AND COMPLETED OPERATIONS (Must
include): Is it included? (completed Operations status does
1M
not apply to Waste Haulers or Recreation)
❑ Yes ❑ No
G.
ADDITIONAL INSURED FOR PRODUCTS AND
(What is limits provided?)
N/A
COMPLETED OPERATIONS ENDORSEMENT (completed
F.
PRIMARY & NON-CONTRIBUTORY WORDING (For Waste
Operations status does not apply to Waste Haulers)
❑ Yes ❑ No
H.
ADDITIONAL INSURED WORDING TO INCLUDE (The City
® N/A ❑ Yes
❑ No
its officers, officials, employees and volunteers): Is it
HIRED AND NON -OWNED AUTO ONLY:
❑ N/A ❑ Yes
included?
0 Yes ❑ No
I.
PRIMARY & NON-CONTRIBUTORY WORDING (Must be
❑ No
included): Is it included?
® Yes ❑ No
J.
CAUTION! (Confirm that loss or liability of the named insured
is not limited solely by their negligence) Does endorsement
include "solely by negligence" wording?
❑ Yes ®No
K.
ELECTED SCMAF COVERAGE (RECREATION ONLY):
® N/A ❑ Yes ❑ No
L.
NOTICE OF CANCELLATION:
❑ N/A ® Yes ❑ No
II. AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE: 1/15/16-7/15/16
A.
INSURANCE COMPANY: State Farm Mutual Automobile Insurance Company
B.
AM BEST RATING (A-: VII or greater) A++:XV
C.
ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
® Yes
❑ No
D.
LIMITS - If Employees (Must be $1M min. BI & PD and $500,000
UM, $2M min for Waste Haulers): What is limits provided?
1M
E
LIMITS Waiver of Auto Insurance / Proof of coverage (if individual)
(What is limits provided?)
N/A
F.
PRIMARY & NON-CONTRIBUTORY WORDING (For Waste
Haulers only):
® N/A ❑ Yes
❑ No
G.
HIRED AND NON -OWNED AUTO ONLY:
❑ N/A ❑ Yes
® No
H.
NOTICE OF CANCELLATION:
0 N/A 23 Yes
❑ No
III. WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 1/1/16-1/1/17
A.
INSURANCE COMPANY: NPUWCG + Safety National Casualty
Corp
B.
AM BEST RATING (A-: VII or greater): A+:XIII
C.
ADMITTED Company (Must be California Admitted):
® Yes
❑ No
D.
WORKERS' COMPENSATION LIMIT: Statutory
® Yes
❑ No
E.
EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater)
500k+ 500K
F.
WAIVER OF SUBROGATION (To include): Is it included?
® Yes
❑ No
G.
SIGNED WORKERS' COMPENSATION EXEMPTION FORM:
® N/A ❑ Yes
❑ No
H.
NOTICE OF CANCELLATION:
❑ N/A ® Yes
❑ No
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
IV. PROFESSIONAL LIABILITY
V POLLUTION LIABILITY
V BUILDERS RISK
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO WHICH ITEMS NEED TO BE COMPLETED?
Approved:
1/21/16
Agent of Alliant Insurance Services Date
Broker of record for the City of Newport Beach
® N/A ❑ Yes ❑ No
® N/A ❑ Yes ❑ No
® N/A ❑ Yes ❑ No
® Yes ❑ No
RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than
Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No
Reason for Risk Management approval/exception/waiver:
Approved:
Risk Management
* Subject to the terms of the contract.
Date