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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 op 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