HomeMy Public PortalAbout10) 7F Brush of Kindness AgreementAGENDA
ITEM 75.
COMMUNITY DEVELOPMENT DEPARTMENT
DATE: April 2, 2013
MEMORANDUM
TO: The Honorable City Council
FROM: Jose E. Pulido, City Manager((
Via: Mark Persico, AICP, Community Development Director
By: Adam L. Gulick, Associate Planner
SUBJECT: APPROVAL OF AGREEMENT WITH SAN GABRIEL VALLEY HABITAT
FOR HUMANITY TO RE -INSTATE THE "BRUSH WITH KINDNESS"
HOUSING REHABILITATION PARTNERSHIP PROGRAM
RECOMMENDATION:
The City Council is requested to:
a) Review and approve a project agreement (Attachment "A") with San Gabriel
Valley Habitat for Humanity to reinstate the Brush with Kindness Housing
Rehabilitation Program at a cost not to exceed $36,000; and
b) Authorize the City Manager to execute said Project Agreement with San Gabriel
Valley Habitat for Humanity.
BACKGROUND:
1. In 2005, the City Council established a Handyworker Grant Program utilizing the
City's Community Redevelopment Agency (CRA) Low/Moderate Housing funds
to supplement the City's on-going housing rehabilitation loan program.
2. In January 2007, staff recommended that the City Council use excess
Community Development Block Grant (CDBG) funds on the Handyworker Grant
Program.
3. In September 2009, the City Council requested that staff explore the possibility
of creating a partnership with San Gabriel Valley Habitat for Humanity (SGVHH)
to construct one or more affordable housing units.
City Council
April 2, 2013
Page 2
4. On October 20, 2009, at the Community Development and Housing Authority
meeting, staff presented their concerns of partnering with Habitat for Humanity to
construct affordable housing units, stating that land cost and land availability
would be major impediments. The Community Development and Housing
Authority directed staff to focus on establishing a housing rehabilitation program,
as it yields immediate results and does not require the City to acquire land.
5. On December 15, 2009, the Community Development and Housing Authority
approved the appropriation of $50,000 for Fiscal Year (FY) 2009-2010
Community Redevelopment Agency Low/Moderate Housing funds to establish a
housing rehabilitation program called the Brush with Kindness Program with the
SGVHH.
6, On March 16, 2010, staff provided an update to the Community Development
and Housing Authority regarding the Brush with Kindness Program. The program
was placed on hold since the City was waiting to receive an agreement from the
SGVHH.
7. On June 29, 2010, the Community Redevelopment Agency (CRA) approved a
fund appropriation of $50,000 for the CRA Budget for FY 2010-2011.
8. On July 6, 2010, the CRA authorized the Executive Director (City Manager) to
execute an agreement between the CRA and the SGVHH for the Brush with
Kindness Program.
9. On October 5, 2010, staff presented to the CRA the five applicants that were
chosen by the SGVHH selection committee to participate in the Brush with
Kindness Program. The CRA approved the five applicants and authorized the
Executive Director (City Manager) to issue the five Brush with Kindness housing
rehabilitation grants.
10. On January 4, 2011, staff made a recommendation that the City Council only
allocate funds for the loan program for FY 2011-2012 since loans are eventually
paid back to the City, which can be used on future CDBG programs/projects.
11. On January 10, 2011, Governor Brown presented a proposal to eliminate
redevelopment statewide to fill the State's budget gap which included low
income housing funds.
12. In June 2011, the City's CRA was dissolved due to Assembly Bill X1 26 and
Assembly Bill X1 27, which ended redevelopment in California. Due to the
elimination of the redevelopment statewide, the Brush with Kindness Program
was not programmed for FY 2011-2012.
City Council
April 2, 2013
Page 3
13. On September 6, 2011, the City's Brush with Kindness Program for FY 2010-
2011 was closed out with the last payment being issued to the SGVHH. Five
households were assisted through the Brush with Kindness Program. The five
homes are located at:
4842 Doreen Avenue
• 9087 Longden Avenue
• 9512 Live Oak Avenue
• 5119 Baldwin Avenue
• 10225 Nadine Street
14. On February 5, 2013, the Mayor Pro Tem Sternquist requested that the FY 2012-
2013 Mid -Year Budget Review Committee allocate money to reinstate the Brush
with Kindness Program.
15. On February 19, 2013, as part of the FY 2012-2013 Mid -Year Budget Review,
the City Council appropriated $36,000 for a Brush with Kindness housing
rehabilitation program.
The reinstated Brush with Kindness Program would operate in the same way as it did
in FY 2010-2011. The program is limited to low income households in owner -
occupied single family residences. The property owner would submit an application to
the SGVHH, who would then select approximately 15 households to be interviewed by
the Brush with Kindness selection committee, which consists of an independent group
of SGVHH volunteers. The selection committee will select six households based on
greatest need and a homeowner's willingness of putting in "sweat equity" with SGVHH
throughout the project.
Reinstating the Brush with Kindness Program delivers several advantages to the City
by establishing SGVHH as a medium through which the City can appropriate funds to
help preserve and rehabilitate the City's deteriorating housing stock. SGVHH would
manage the loan and/or grant applications as well as provide the volunteers to assist
in restoration efforts. SGVHH also arranges weekend "corporate builds" events in
which companies can volunteer under the guidance of trained construction leaders.
Previous Handyworker Grant Program and rehabilitation loans administered by the
City do not provide "sweat equity" assistance. In addition to the funds allocated by
the City, SGVHH is also able to use supplemental funds acquired through grant
programs and corporate donations. Furthermore, SGVHH has been partnering with
cities of Azusa, Monrovia, Altadena, and Pasadena in the Brush with Kindness
Program since October, 2010 and offers experience in revitalization efforts that the
City does not possess.
City Council
April 2, 2013
Page 4
It should also be noted that one of the program categories outlined in the City's draft
Housing Element is to conserve and improve the condition of the existing affordable
housing stock in the community. The main goal of the program category is to `achieve
a housing stock free of substandard conditions." Reinstating the Brush with Kindness
Program in the City would address the goal of preserving the community's existing
housing stock by allowing low income households to make needed repairs to their
homes.
CONCLUSION:
The City currently offers only a housing rehabilitation loan program, which has a
waiting list of approximately 45 people. With on-going cuts to the City's CDBG
program and the elimination of redevelopment statewide, reinstating the Brush with
Kindness Program will allow six selected homeowners to improve their quality of life
and at the same time improving their home's curb -appeal, resulting in increased
property values. Furthermore, the Brush with Kindness Program would also
accomplish one of the goals from the City's draft Housing Element.
FISCAL IMPACT:
On February 19, 2013, the City Council approved the FY 2012-2013 Mid -Year Budget
Review that included a $36,000 appropriation to reinstate a Brush with Kindness
housing rehabilitation program in Temple City.
ATTACHMENTS:
A. Project Agreement between the City of Temple City and San Gabriel Valley
Habitat for Humanity, Inc.
ATTACHMENT A
PROJECT AGREEMENT
Brush with Kindness
(OWNER -OCCUPIED REHABILITATION PROGRAM)
Parties
Sponsor: CITY OF TEMPLE CITY
Contractor: San Gabriel Valley Habitat for Humanity, Inc.
A California non-profit corporation
Proiect Agreement
This Project Agreement is made as of _ , 2013 by and between the City of Temple City, a
charter city organized and existing under the laws of the State of California ("Sponsor") and San Gabriel
Valley Habitat for Humanity, a California non-profit corporation ("Contractor")
RECITALS
A. Sponsor wishes to assist lower income households with making exterior home improvements to
their properties resulting in the enhancement of the community through the City's Brush With
Kindness Program ("BWK Program").
B. Contractor proposes to work with up to six (6) lower income households within Temple City to
make improvements to their homes.
C. Contractor wishes to receive from Sponsor and Sponsor wishes to grant to Contractor monies to
support the Project. This grant is made to support the costs associated with the BWK Program
and the improvements to the Lower Income Households.
NOW THEREFORE, IN CONSIDERATION of the mutual agreements, obligations, and representations,
and in further consideration for the making of the Grant, Sponsor and Contractor hereby agree as follows:
The following terms have the meanings and content set forth in this section wherever used in this
Project agreement, attached Exhibits, or documents incorporated into this Project agreement by
reference.
1.1 "CERTIFICATE OF COMPLETION" means a certificate issued to Contractor by Sponsor after the
completion of the improvements to each Project pursuant to the terms of this Agreement. A Certificate of
Completion shall be issued for each individual Project.
1 2 "COMMENCEMENT OF CONSTRUCTION" means the time Contractor or Contractor's construction
contractor begin substantial physical construction work on a Project, including site preparatory work.
Such work shall not include work related solely to remediation of Hazardous Materials, or work related to
the maintenance of the residence in its existing condition.
1.3 "CONTRACTOR" is San Gabriel Vallev Habitat for Humanitv. a California non-profit corporation and
its authorized representatives, assigns, transferees, or successors -in -interest thereto.
1.4 "ELIGIBLE COSTS" means those costs associated with a Project for which Grant proceeds may be
used, as specified in the Project Budgets.
1.5 "ELIGIBLE PERSON" means a person who applies for assistance under the BWK Program who:
(i) is an owner of a single-family residence, (ii) uses said residence as his or her principal residence, and
(iii) whose household is a Lower Income Household. An Eligible Person shall certify to Contractor that
the residence that will be improved with BWK Program monies is and shall continue to be the Lower
Income Household's principal residence for a period of at least three (3) years following the completion of
the Project. The Eligible Person shall further agree to cooperate with and assist in the Project work to the
extent he/she is able.
1.6 "GRANT" means the funds provided by Sponsor to Contractor pursuant to this Project Agreement.
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1.7 "LOWER INCOME HOUSEHOLD" shall mean a household whose annual income does not exceed
eighty percent (80%) of the median income for a household of the same size the Los Angeles
Metropolitan area as determined by HUD guidelines.
1.8 "PROJECT" means the improvement of an owner -occupied single-family residence in accordance
with the terms of this Project Agreement.
1.9 "PROJECT AGREEMENT" OR "AGREEMENT" means this agreement entered into between
Sponsor and Contractor.
1.10 "PROJECT BUDGET" mean the budgets for the scope of work to be done at each Project site,
including required permits and fees, labor and material costs, supervision of Contractor's volunteers, and
any administrative costs necessary to fulfill the terms of this Agreement. Said Budget shall be prepared
and submitted to Sponsor's Community Development Director, or his designee, prior to the
commencement of each Project.
1.11 "SPONSOR" is the City of Temple City, and its authorized representatives, officers, officials,
directors, employees and agents
1.12 "SPONSOR" is the City of Temple City, a charter city organized and existing under the laws of the
State of California, and its authorized representatives, officers, officials, directors, employees and agents.
I_1:i1[y:7 JKK61y_TH:414M91:4,111
2.1 GRANT. Sponsor agrees to provide funds to Contractor under the terms and conditions of this
Agreement. This funding shall be used by Contractor solely for Eligible Costs.
2.2 AMOUNT OF GRANT. On and subject to the terms and conditions of this Agreement, Sponsor
agrees to make and Contractor agrees to accept a grant in an amount not to exceed THIRTY-SIX
THOUSAND DOLLARS ($36.000), to be disbursed as provided in Article 3 of this Agreement..
2.3 TERM OF THE GRANT. Contractor must identify the Projects to be funded through the BWK
Program within twelve (12) months of execution of this Agreement and the Projects shall be completed no
later than eighteen (18) months of the execution of this Agreement. This Term may be extended by
mutual written agreement of Sponsor and Contractor
2.4 USE OF FUNDS. Grant proceeds may be used only for those Eligible Costs specified in the Project
Budgets, as well as any revisions to the Budgets that are approved in writing by Sponsor.
ARTICLE 3. GRANT DISBURSEMENT
3.1 CONDITIONS PRECEDENT TO INITIAL DISBURSEMENT. Sponsor shall not be obligated to make
any disbursements of the Grant funds or take any other action under this Agreement unless all of the
following conditions precedent are satisfied:
A. There exists no Event of Default nor any act, failure, omission, or condition that would constitute
an Event of Default by the Contractor.
B. Contractor has provided Sponsor with proof of adequate insurance coverage.
C. Contractor has provided background information regarding the Projects selected and a proposed
Project Budget for each Project to Sponsor.
3.2 DISBURSEMENT OF GRANT PROCEEDS. The Grant funds will be disbursed to Contractor as
each Project is selected under the BWK Program. Upon the selection of each Project and the submission
of the Project Budget for that Project, the Contractor will receive Six Thousand Dollars ($6,000). After the
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each Project is complete and the Contractor receives a Certificate of Completion from Sponsor, Sponsor
will reimburse Contractor for the remainder of Contractor's expenses accounted for in the Project Budget,
up to six thousand dollars ($6,000).
To obtain a Certificate of Completion, Contractor shall provide Sponsor with the following.
A. An accounting of all expenses related to the Project.
B Receipts for expenses paid.
C. Time sheets for all labor expenses.
D. Before and after pictures of the Projects depicting the work performed.
E. Identification of all donated items and labor.
F. BWK Program Homeowners Application and documentation showing the applicant is an Eligible
Person.
G. Evidence of objective selection criteria for Projects and rankings for all Eligible Persons.
3.3 DEFAULT. In the Event of Default, Contractor shall return any unused Grant funds to Sponsor.
ARTICLE 4. PREDEVELOPMENT
4.1 CITY AND OTHER GOVERNMENTAL AGENCY PERMITS. Before commencement of any work on
a Project, the Contractor shall secure or shall cause to be secured, and at all times maintain, any and all
permits, approvals, and reviews which may be required by the Sponsor or any other governmental
agency. Contractor shall pay all fees as maybe required in connection therewith The Project shall be
developed in accordance with applicable State and Local building codes.
ARTICLE 5. DEVELOPMENT OF PROJECTS
5.1 LOCAL, STATE AND FEDERAL LAWS. Contractor shall carry out the Projects in conformity with
all applicable laws, including all applicable federal and state labor standards. The Contractor shall be
responsible for complying with all applicable City, County and State building codes, and planning and
zoning requirements, and shall take all necessary steps so that the development of the Site and the
construction, use, operation, and maintenance of the improvements thereon in accordance with the
provisions of this Project agreement shall be in conformity with applicable zoning and General Plan
requirements, and that all applicable environmental mitigation measures and other requirements shall
have been complied with.
5.2 COMPLETION OF CONSTRUCTION. Following commencement of construction, Contractor shall
diligently prosecute construction of the Project to completion as evidenced by the issuing the Certificate of
Completion for each home improved. Each Project shall not have a construction period exceeding 100
days.
5.3 SCHEDULING AND EXTENSIONS OF TIME. It shall be the responsibility of Contractor to
coordinate and schedule the work to be performed so that commencement and completion will take place
in accordance with the provisions of this Project Agreement. Sponsor may extend the time for
commencement or completion in its sole and absolute discretion in writing if it determines that delay in the
progress of work is not attributable to the negligence of Contractor and that such delay was due to causes
beyond the control of Contractor. Any time extension granted to Contractor to enable Contractor to
complete the work shall not constitute a waiver of any other rights Sponsor has under this Project
agreement.
5.4 QUALITY OF WORK. Contractor shall construct the Projects in conformance with industry
standards and shall employ building materials of a quality suitable for the requirements of the Projects,
Contractor shall develop the Projects in full conformance with applicable local, state, and federal statutes,
regulations, and building and housing codes.
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5.5 ADDITIONS OR CHANGES IN WORK. Sponsor must be notified in a timely manner of any changes
in the work required to be performed that deviates from the approved Project Budget for the Project,
including any additions, changes, or deletions.
5.6 INVOLVEMENT BY HOMEOWNER. The homeowner(s) is/are required to be active participants in
the improvement of their home, to the extent he or she is able.
5.7 MAINTENANCE OF RECORDS, RIGHT TO INSPECT AND COPY.
A. The Contractor agrees to keep and maintain books, accounts, reports, files, records (including
records pertaining to race, color, creed, sex, and national origin of tenants and applicants) and
books of original entry, source documents supporting accounting transactions, service records,
general ledger, canceled checks, and other documents relating to the receipt and disbursement
of all funds and performance under this Project Agreement in accordance with this Project
Agreement and any other implementing laws, rules, and regulations Contractor shall maintain
copies of such books and records in a location that is within twenty five (25) miles of the Project
sites.
B. At all reasonable times and following reasonable notice to the Contractor, any duly authorized
representative of the Sponsor or the Auditor General of the State of California shall have access
to and the right to inspect, copy, audit, and examine all such books, records, accounts, reports,
files, and other documents of the Contractor until completion of all close-out procedures and final
settlement and conclusion of all issues.
C. The Contractor shall furnish such statements, records, reports, including litigation reports, data,
and other information as the Sponsor may from time to time reasonably request.
D. The Contractor shall retain non-discrimination records on applicants for at least twenty five 25
months following the date the record was made. All other records that are required to be retained
under this Section shall be retained for a period of three 3 years or until such time as audit
findings have been resolved, whichever is later,
E. The Contractor shall provide complete information and documentation regarding each
homeowner including all income information, address, name, etc.
5.8 CONSTRUCTION RESPONSIBILITIES. Contractor shall be solely responsible for all aspects of the
Projects. Contractor's conduct in connection with the Projects, including, but not limited to, the quality
and suitability of the Plans and Specifications, the supervision of construction work, and the qualifications,
financial conditions, and performance of all architects, engineers, contractors, subcontractors, suppliers,
consultants, and property managers. Sponsor is under no duty to review the Plans and Specifications or
to inspect construction of the Projects, except as required by state laws and local ordinances pertaining to
the issuance of permits for the Projects. Any review or inspection undertaken by Sponsor with reference
to the Projects is solely for the purpose of determining whether Contractor is properly discharging its
obligations to Sponsor, and should not be relied upon by Contractor or by any third parties as a warranty
or representation by Sponsor as to the quality of the design or construction of the Projects.
5.9 MECHANICS LIENS AND STOP NOTICES. If any claim of lien is filed against a Project site or a
stop notice affecting the Grant is served on Sponsor, Contractor shall, within twenty (20) days of such
filing or service, either pay and fully discharge the lien or stop notice, effect the release of such lien or
stop notice by delivering to Sponsor a surety bond in sufficient form and amount, or provide Sponsor with
other assurance satisfactory to Sponsor that the claim of lien or stop notice will be paid or discharged.
If Contractor fails to discharge any lien, encumbrance, charge, or claim referred to herein, then in
addition to any other right or remedy, Sponsor may, but shall be under no obligation to, discharge the
same at Contractor's expense. Alternatively, Sponsor may require Contractor to immediately deposit with
Sponsor the amount necessary to satisfy such lien or claim and any costs, pending resolution thereof
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Sponsor may use such deposit to satisfy any claim or lien that is adversely determined against
Contractor.
Contractor shall file a valid Notice of Cessation or Notice of Completion upon cessation of
construction on the Project for a continuous period of thirty (30) days or more, and take all other
reasonable steps to forestall the assertion of claims of lien against the Property. Contractor authorizes
Sponsor, but without any obligation, to record any notices of completion or cessation of labor, or any
other notice that Sponsor deems necessary or desirable to protect its interest in the Projects; provided,
however, that Sponsor shall exercise this right only if and when Contractor fails to take action as required.
5.10 BARRIERS TO THE DISABLED. Contractor shall comply with all applicable federal, state, and
local requirements for access for disabled persons if such compliance is noted and approved as part of
the Scope of Work of the Project.
ARTICLE 6. SELECTION OF PROJECTS
6.1 SELECTION OF PROJECTS. Contractor shall select five (5) Eligible Persons, after consultation
with the Sponsor, located within Temple City. If more than five (5) Eligible Persons apply for assistance
under the BWK Program, Contractor shall select the Eligible Persons with the greatest need.
6.2 APPLICATION FOR ASSISTANCE. Eligible Persons shall provide Contractor with an application in
the form of Exhibit A, and Contractor shall determine if the Eligible Person's household is a Lower Income
Household .
6.3 OBLIGATION TO REFRAIN FROM DISCRIMINATION. There shall be no discrimination against or
segregation of any person, or group of persons, on account of race, color, religion, creed, sex, sexual
preference or orientation, national origin, ancestry, physical handicap, medical condition, age, or marital
status
ARTICLE 7. EMPLOYMENT
7.1 NONDISCRIMINATION. The Contractor shall comply with the nondiscrimination and affirmative,
action provisions of the laws of the United States of America, the State of California, and the Sponsor. In
performing this Project agreement, the Contractor shall not discriminate in its employment practices
against any employee or applicant for employment because of such person's race, color, religion, creed,
sex, sexual preference or orientation, national origin, ancestry, physical handicap, medical condition, age,
or marital status.
7.2 AMERICANS WITH DISABILITIES ACT. The Contractor hereby certifies that it and any contractor
and subcontractor will comply with the Americans with Disabilities Act 42, U.S.C. Section 12101 et seq.,
and its implementing regulations at 24 CFR part 8. The Contractor and any contractor and subcontractor
for the project will provide reasonable accommodations to allow qualified individuals with disabilities to
have access to and to participate in its programs, services, and activities in accordance with the
provisions of the Americans with Disabilities Act. The Contractor and any contractor and subcontractor
will not discriminate against persons with disabilities nor against persons due to their relationship to or
association with a person with a disability. Any contract and subcontract entered into by the Contractor
and any contractor and subcontractor, relating to this Project Agreement and any Project, to the extent
allowed hereunder, shall be subject to the provisions of this paragraph.
ARTICLE 8. INSURANCE
Contractor shall cause to have in full force and effect during the term of this Project Agreement the
insurance coverage specified in Exhibit B to this Project Agreement, which is hereby incorporated into
this Project Agreement by this reference. Sponsor shall be included as an additional insured. A
certificate or other evidence of coverage shall be provided to Sponsor prior to Commencement of
Construction.
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ARTICLE 9. DEFAULT AND REMEDIES
9.1 EVENTS OF DEFAULT. The occurrence of any of the following events shall constitute an "Event of
Default" under this Project Agreement,
A. Construction. 1) Contractor's or any agent of Contractor's material deviation in the work of
construction specified In the Plans and Specifications (Scope of Work) submitted to Sponsor,
without Sponsor's prior written consent; 2) Contractor's or any agent of Contractor's use of
defective or unauthorized materials or defective workmanship in constructing the Project; 3)
Contractor's or any agent of Contractor's failure to commence of complete construction, without
proper justification under Section 5 3 of this Project Agreement, according to the construction
schedule specified in this Project agreement; 4) the cessation of construction prior to completion
of any Project for a period of more than twenty (20) continuous calendar days other than for
weather changes, or other conditions out of Contractor's control, 5) any material adverse change
in the condition of Contractor or a Project or any other event that gives Sponsor reasonable
cause to believe that a Project cannot be constructed by the scheduled completion date
according the terms of this Project Agreement; 6) the filing of any claim of lien against a Project
site or service on Sponsor of any stop notice relating to the Grant and the continuance of the
claim of lien or stop notice for twenty (20) days after such filing or service without payment
discharge or satisfaction as provided for in this Project agreement; 7) Contractor's or any agent of
Contractor's failure to remedy any deficiencies in record keeping or failure to provide records to
Sponsor upon Sponsor's request, 8) Contractor's or any agent of Contractor's failure to
substantially comply with any federal, state, or local laws or Sponsor policies governing
construction, including but not limited to provisions of this Project agreement pertaining to
prevailing wages affirmative action and equal employment opportunity, minority and female
owned business enterprises, disabled access, lead paint and Hazardous Materials,
B. Operation. 1) discrimination by Contractor or Contractor's agent on the basis of characteristics
prohibited by this Project Agreement or applicable law; 2) the imposition of any encumbrances or
liens on a Project site without Sponsor's prior written approval that are prohibited under this
Project Agreement, 3) any material adverse change in the condition of Contractor or the Project
that gives Sponsor reasonable cause to believe that the Project cannot be completed according
the terms of the Project Agreement
C. General performance of Grant obligations. Any substantial or continuous breach by Contractor or
Contractor's agents of any material obligations on Contractor imposed in the Project Agreement.
D. Representations and warranties. Any of Contractor's representations or warranties made in the
Project Agreement, any statements made to Sponsor by Contractor, or any certificates,
documents, or schedules supplied to Sponsor by Contractor were untrue in any material respect
when made, or that Contractor concealed or failed to disclose a material fact from Sponsor;
E. Bankruotcv. dissolution. and insolvencv. Contractor's or any general partner of Contractors 1)
filing for bankruptcy, dissolution, or reorganization, or failure to obtain a full dismissal of any such
involuntary filing brought by another party before the earlier of final relief or sixty (60) days after
the filing; 2) making a general assignment for the benefit of creditors; 3) applying for the
appointment of a receiver, trustee, custodian, or liquidator, or failure to obtain a full dismissal of
any such involuntary application brought by another party before the earlier of final relief or sixty
(60) days after the filing; 4) insolvency, 5) failure, inability or admission in writing of its inability to
pay its debts as they become due.
9 2 NOTICE OF DEFAULT AND OPPORTUNITY TO CURE. For non -monetary Events of Default,
Sponsor shall give written notice to Contractor or Contractor's agent of any Event of Default by specifying.
A) the nature of the event or deficiency giving rise to the Default, B) the action required to cure the
deficiency, if an action to cure is possible, and C) a date, which shall not be less than thirty (30) calendar
days from the mailing of the notice, by which such action to cure must be taken.
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9.3 SPONSOR'S REMEDIES. Upon the happening of an Event of Default and a failure to cure said
Default within the time specified in the notice of default (if an action to cure is specified in said notice),
Sponsor's obligation to disburse Grant proceeds shall terminate, and Sponsor may also, in addition to
other rights and remedies permitted by the Project Agreement or applicable law, proceed with any or all of
the following remedies in any order or combination Sponsor may choose in its sole discretion:
A. Terminate this Project agreement.
B. Bring an action for equitable relief 1) seeking the specific performance by Contractor of the terms
and conditions of the Project Agreement, and/or 2) enjoining, abating, or preventing any violation
of said terms and conditions, and/or 3) seeking declaratory relief;
C. Enter a Project site and take any actions necessary in its judgment to complete construction of
the Project, including without limitation 1) making changes in the Plans and Specifications or
other work or materials with respect to the Project, 2) entering into, modifying, or terminating any
contractual arrangements (subject to Sponsor's right at any time to discontinue work without
liability), and 3) taking any remedial actions with respect to Hazardous Materials that Sponsor
deems necessary to comply with Hazardous Materials Laws or to render the Property suitable for
occupancy;
D. Seek appointment from a court of competent jurisdiction of a receiver with the authority to
complete construction as needed to preserve Sponsor's interest in seeing the Project developed
in a timely manner (including the authority to take any remedial actions with respect to Hazardous
Materials that Sponsor or the receiver deems necessary to comply with Hazardous Materials
Laws or to render the Property suitable for occupancy);
E. Order immediate stoppage of construction and demand that any condition leading to the Event of
Default be corrected before construction may continue;
9.4 CONTRACTOR'S REMEDIES. Upon the fault or failure of Sponsor to meet any of its obligations
under the Project Agreement, Contractor may perform any or all of the following:
A. Demand payment from Sponsor of any sums due Contractor;
B. Bring an action for equitable relief seeking the specific performance by Sponsor of the terms and
conditions of the Project Agreement;
C. Pursue any other remedy allowed at law or in equity
ARTICLE 10. GENERAL PROVISIONS
10 1 CONTRACTOR'S WARRANTIES. Contractor represents and warrants A) that it has access to
professional advice and support to the extent necessary to enable Contractor to fully comply with the
terms of this Project Agreement, and to otherwise carryout the Project, B) that it is duly organized, validly
existing and in good standing under the laws of the State of California, C) that it has the full power and
authority to undertake the Projects and to execute the Project Agreement, D) that the persons executing
and delivering the Project Agreement are authorized to execute and deliver such documents on behalf of
Contractor
10 2 PROJECT MONITORING AND EVALUATION. Except as otherwise provided for in this Project
Agreement, Contractor shall maintain and submit records to Sponsor within ten (10) business days of
Sponsor's request which clearly document Contractor's performance under each requirement of the
Project Agreement.
10.3 CONFLICTS OF INTEREST. Contractor covenants that none of its directors, officers, employees,
or agents shall participate in selecting, or administering any of its subcontracts where such person is a
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director, officer, employee, or agent of the subcontractor, or where such person knows or should have
known that:
1. A member of such person's immediate family or domestic partner, or organization has a
financial interest in the subcontract,
2. The subcontractor is someone with whom such person has or is negotiating any prospective
employment; or
3. The participation of such persons would be prohibited by the California Political Reform Act,
California Government Code Section 87100, et seq., if such person were a public officer,
because such person would have a "financial or other interest" in the subcontract.
A. Definitions
1. The term "immediate family" includes, but is not limited to domestic partner and/or those
persons related by blood or marriage, such as husband, wife, father, mother, brother, sister,
son, daughter, father-in-law, mother-in-law, brother-in-law, son-in-law, and daughter-in-law, his
or her significant other and his or her domestic partner.
2. The term "financial or other interest includes: but is not limited to:
a. Any direct or indirect financial interest in the specific contract, including a commission or
fee, a share of the proceeds, prospect of a promotion or of future employment, a profit, or
any other form of financial reward.
b. Any of the following interests in the subcontractor ownership: partnership interest or other
beneficial interest of five percent (5%) or more, ownership of five percent (5%) or more of
the stock, employment in a managerial capacity, or membership on the board of directors
or governing body.
B. For further clarification of the meaning of any of the terms used herein, the parties agree that
references shall be made to the guidelines, rules, and laws of the City of Temple City, State of
California, and Federal regulations regarding conflict of interest.
C. Contractor further covenants that no officer, director, employee, or agent shall solicit or accept
gratuities, favors, or anything of monetary value from an actual or potential subcontractor,
supplier, a party to a sub -agreement, (or persons who are otherwise in a position to benefit from
the actions of any officer, employee, or agent).
D. Contractor shall not subcontract with a former director, officer, or employee within a one (1) year
period following the termination of the relationship between said person and the contractor.
E. Prior to obtaining the Sponsor's approval or any subcontract, the Contractor shall disclose to the
Sponsor any relationship, financial, or otherwise, direct or indirect, of the Contractor or any of its
officers, directors, or employees or their immediate family with the proposed subcontractor and its
officers, directors or employees. In the event that such a relationship exists, Contractor shall
obtain prior approval from Sponsor for such any subcontract.
F. Contractor warrants that it has not paid or given and will not pay or give to any third person any
money or other consideration for obtaining this Agreement.
G. Contractor covenants that no member, officer, or employee of Contractor shall have any interest,
direct or indirect, in any contract or subcontract or the proceeds thereof for work to be performed
in connection with this Project Agreement during his or her tenure as such employee, member or
officer or for one M year thereafter.
Rev 3110/10 Page 8 of 11
LA #4810-9127-8867 v1
H. Contractor may not hire a person in an administrative capacity, staff position, or on-the-job
training position with funds provided by this Project Agreement if a member of that person's
immediate family is engaged in an administrative capacity for the Contractor. A person in an
administrative capacity is a person who either has an overall administrative responsibility for a
program, or has responsibility for the direction, hiring, or fiscal integrity of the Contractors
program
I. The above restrictions shall apply now and in the future to all activities that are a part of this
Project Agreement and shall cover any such interest or benefits during or at any time after such
person's tenure.
10.4 POLITICAL ACTIVITY. None of the funds, materials, property, or services contributed by Sponsor
or Contractor under this Project agreement shall be used for any partisan political activity or'the election
or defeat of any candidate for public office.
10.5 PUBLICITY. Any publicity generated by Contractor for the Projects during the term of this Project
Agreement and for one (1) year thereafter shall make reference to the contribution of Sponsor in making
the Project possible. The words "City of Temple City" will be prominently displayed in any and all pieces
of publicity, including but not limited, to flyers, press releases, posters, signs, brochures, public service
announcements, interviews, and newspaper articles. Sponsor's staff will be available whenever possible
at the request of Contractor to assist Contractor in generating publicity for the Projects. Contractor further
agrees to cooperate with authorized staff and officials of Sponsor in any Sponsor -generated publicity or
promotional activities undertaken with respect to the Project.
10.6 UNAVOIDABLE DELAY IN PERFORMANCE. The time for performance of provisions of this
Project Agreement by either party shall be extended for a period equal to the period of any delay directly
affecting this Project Agreement which is caused by: war; insurrection; strikes; lock -outs, riots, floods,
earthquakes, fires, casualties; acts of God; acts of a public enemy; epidemics; quarantine restrictions,
freight embargoes, lack of transportation; suits filed by third parties concerning or arising out of this
Project Agreement or challenging a Project; or unseasonable weather conditions. An extension of time
for any of the above-specified causes will be deemed granted only if written notice by the party claiming
such extension is sent to the other party within ten (10) calendar days from the commencement of the
cause, and such extension of time is either accepted by the other party in writing, or is not rejected in
writing by the other party within ten (10) calendar days of receipt of the notice. Times of performance
under this Project Agreement may also be extended for any cause for any period of time by the mutual
written agreement of Sponsor and Contractor.
10 7 GOVERNING LAW. The Project Agreement shall be interpreted under and be governed by the
laws of the State of California, except for those provisions relating to choice of law or those provisions
preempted by federal law
10.8 STATUTORY REFERENCES. All references in the Project Agreement to particular statutes,
regulations, ordinances, or resolutions of the United States the State of California, or the City of Temple
City shall be deemed to include the same statute, regulation, ordinance, or resolution as hereafter
amended or renumbered, or if repealed, to such other provisions as may thereafter govern the same
subject as the provision to which specific reference was made.
10.9 TIME. Time is of the essence in this Project Agreement.
10.10 CONSENTS AND APPROVALS. Any consent or approval of Sponsor required under the Project
Agreement shall not be unreasonably withheld.
10.11 NOTICES, DEMANDS AND COMMUNICATIONS. Formal notices, demands, and
communications between Contractor and Sponsor shall be sufficiently given and shall not be deemed
given unless dispatched by registered or certified mail, postage prepaid, return receipt requested, or
delivered personally, to the principal offices of Contractor and Sponsor as follows:
Rev 3/10/10 Page 9 of 11
LA #4810-9127-8867 v1
SPONSOR: City of Temple City
9701 Las Tunas Drive
Temple City CA 91780
CONTRACTOR:
San Gabriel Valley Habitat for Humanity, Inc.
400 South Irwindale Ave.
Azusa CA 91702
10.12 BINDING UPON SUCCESSORS. All provisions of this Project Agreement shall be binding upon
and inure to the benefit of the heirs, administrators, executors, successors -in -interest, transferees, and
assigns of each of the parties; provided, however, that this section does not waive the prohibition on
assignment of this Project Agreement by Contractor without Sponsor's consent. The term "Contractor" as
used in this Project Agreement shall include all such assigns, successors -in -interest, and transferees.
10.13 RELATIONSHIP OF PARTIES. The relationship of Contractor and Sponsor for this Project
Agreement shall not be construed as a joint venture, equity venture, partnership, or any other
relationship. Sponsor neither undertakes nor assumes any responsibility or duty to Contractor (except as
provided for herein) or any third party with respect to a Project or the Grant. Except as Sponsor may
specify in writing, Contractor shall have no authority to act as an agent of Sponsor or to bind Sponsor to
any obligation.
10.14 ASSIGNMENT AND ASSUMPTION. Contractor shall not assign any of its interests under this
Project Agreement to any other party, except as specifically permitted under the terms of this Project
Agreement, without the prior written consent of Sponsor. Any unauthorized assignment shall be void.
10.15 WAIVER. Any waiver by Sponsor of any obligation in this Project Agreement must be in writing.
No waiver will be implied from any delay or failure by Sponsor to take action on any breach or default of
Contractor or to pursue any remedy allowed under the Project Agreement or applicable law. Any
extension of time granted to Contractor to perform any obligation under the Project Agreement shall not
operate as a waiver or release from any of its obligations under the Project Agreement Consent by
Sponsor to any act or omission by Contractor shall not be construed to be consent to any other or
subsequent act or omission or to waive the requirement for Sponsor's written consent to future waivers.
10.16 INTEGRATION. This Project Agreement, including exhibits, executed by Contractor for the
Property, if any, contain the entire agreement of the parties.
10.17 OTHER AGREEMENTS. Contractor represents that it has not entered into any agreements that
are inconsistent with the terms of the Project Agreement. Contractor shall not enter into any agreements
that are inconsistent with the terms of the Project Agreement without an express waiver by Sponsor in
writing.
10.18 AMENDMENTS AND MODIFICATIONS. Any amendments or modifications to the Project
Agreement must be in writing, and shall be made only if executed by both Contractor and Sponsor.
10.19 SEVERABILITY. Every provision of this Project agreement is intended to be severable. If any
provision of this Project agreement shall be held invalid, illegal, or unenforceable by a court of competent
jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be
affected or impaired.
Rev 3/10/10 Page 10 of 11
LA #4810-9127-8867 v1
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates written below.
CITY OF TEMPLE CITY
31
Jose Pulido Date
City Manager
ATTEST:
Peggy Kuo Date
City Clerk
APPROVED AS TO FORM:
M
Eric S. Vail Date
City Attorney
SAN GABRIEL VALLEY HABITAT FOR HUMANITY
Jan C. Berentsen Date
President, Board of Directors
ATTEST'
as
Michael T. Devitt
Secretary, Board of Directors
Rev 3n0/10 Page 11 of 11
LA #4810-9127-8867 v1
EXHIBITS
EXHIBITA: BRUSH WITH KINDNESS HOMEOWNER APPLICATION
EXHIBIT B: INSURANCE REQUIREMENTS
Rev 3/10110 Page P? of 11
LA #4810-9127-8867 v1
Exhibit A
Brush with Kindness Homeowner Application
Brush With Kindness(BWK)
San Gabriel Valley Habitat for Humanity, Inc.
LA 94810-9127-8867 V1
San Gabriel Valley Mail or fax completed application to:
For Office Use Only:
• Habitat San Gabriel Valley Habitat for Humanity
(Date Received
for Humanity' 400 S. Irwindale Avenue, Azusa, CA 91702
(City Citation
Email info@sgvhabitat.org Fax 626-387-6890
Referred By
❑ M
(Application No.
REPAIR PROGRAMS FOR LOW-INCOME HOMEOWNERS IN NEED OF ASSISTANCE
Visit www.sgvhabitat.org or call 626-387-6899
•CRITICAL HOME REPAIRS (CHR) &MINOR HOME REPAIRS *(ABWK) *HOME DEPOT REPAIR CORPS FOR VETERANS
(SECTION 1 - Homeowner Information
Legal Name
Street Address
City (ZIP
Home ( )
Telephone Cell ( )
Work ( )
PLEASE PRINT
County
Number of Years at Address
Date of Birth
Email
Name of Neighborhood (if
applicable)
Occupation Employer
List the names, ages and relationship to homeowner of ALL people living in the home (attach additional list if needed)
Name/Relationship
Age
Gender
❑ M
❑ F
Name/Relationship
Age
Gender
❑ M
❑ F
Name/Relationship
Age
Gender
❑ M
❑ F
Name/Relationship
Age
Gender
❑ M
❑ F
Name/Relationship Age Gender ❑ M ❑ F
Is anyone in your household a veteran? ❑ Yes ❑ No Name Branch
Is anyone in your household currently serving in the military?
❑ Yes ❑ No Name Branch
SECTION 2 - Special Needs
Does anyone in the home have a disability requiring modifications to the house? ❑ Yes ❑ No
If yes, indicate the type of disability below (check all that apply):
❑ Uses a walker, cane or crutches ❑ Wheelchair bound ❑ Hearing impaired ❑ Blind ❑ Loss of limb
❑ Mentally disabled ❑ Other (please describe):
Is translation needed? ❑ Yes ❑ No If yes, in what language?:
(SECTION 3 - Household Income and Mortgage Information
The total, combined income before taxes for ALL persons living in the home is $ peryear.
You must attach verification of all HOUSEHOLD income for each adult in the home and/or benefits for children. If a full-time
student, you must provide proof of registration.
* A Brush With Kindness
17-1 Equal Housing Opportunity Page 1 of 4
Examples : most recent income tax return, monthly social security statement, other retirement income statements, employment
check stub, etc. Please note on attached statements if it represents annual, monthly, twice -monthly, bi-weekly or weekly income.
Are you still making loan payments on your home? ❑ Yes ❑ No
If yes, what is your monthly payment?: $ /month
After paying your monthly bills (gas, electric, insurance, food, phone, medical, etc.), approximately how much money do you have
left to spend on house repairs?: $ /month
SECTION 4 - Sharing Personal Information
If your application is a more appropriate fit with other, similar programs, may we share it with them? ❑ Yes ❑ No
Unless you give us permission to share your information with other organizations, your application will be kept confidential. If you
check yes, you give Son Gabriel Valley Habitat for Humanity your consent to share the information you provide on this application
with similar organizations if A Brush with Kindness is not able to assist you.
SECTION 5 - Homeowner Agreement
I certify that the information on this application is accurate and that I own the property at the address given on this application. I
have no intention to move or offer my home for sale for at least three years. I confirm that any physically able persons residing in
my home or visiting for the project day(s) will work alongside the San Gabriel Valley Habitat for Humanity / A Brush With Kindness
volunteers. I confirm that my home is a safe place for volunteers.
I understand that the people who may work on my house are unpaid volunteers; that few, if any, of them are skilled in the building
trades; and that San Gabriel Valley Habitat for Humanity / A Brush With Kindness makes no warranties, express or implied,
regarding any materials used or work done by anyone at my house. I hereby release San Gabriel Valley Habitat for Humanity / A
Brush With Kindness and all associated with it from any and all liability for the work. Moreover, to the extent damages are covered
by property insurance, the parties waive all rights against each other and against any contractors, consultants, agents, employees
or volunteers of the other for damages, except each party's rights as they may have to the proceeds of such insurance.
I recognize that the affordable housing repair work done by Habitat for Humanity is a hand up, not a handout
If I choose to participate in the ABWK program, 1 will be required to execute one of the following sustainability plans so that other
qualified clients can be served in the future. Please select the plan you want by checking the appropriate box below:
❑ A silent junior deed with no interest that will be due upon sale or refinancing of the home repaired
❑ An installment contract with no interest specifying the number of payments and the amount of each payment to repay the cost
of the repairs provided. A lien for the work will be in place until the contract is paid in full.
Furthermore, I understand appropriate documents will be recorded
SIGNATURE OF HOMEOWNER DATE
SIGNATURE OF HOMEOWNER DATE
Complete the following if you are not the homeowner, but are assisting the homeowner in completing this application:
Name Daytime Phone Number Is the homeowner aware of this
application? ❑ Yes ❑ No
nEqual Housing Opportunity Page 2 of 4
SECTION 6 - House Information / Exterior
House Information
House Exterior
Garage Exterior
Place an " X' over the house
which most
Siding
Trim
Siding
Trim
resembles the size of your house:
❑ wood
❑ wood
❑ wood
❑ wood
00 00
it
❑ brick
U shakes
❑vinyl
LJ metal
❑ brick
❑shakes
❑vinyl
Ll metal
❑ stucco
❑ stucco
1 sh;ny 1,5 stuit ,
2 s,,,ry 2. s Sbnw
❑ painted stucco
❑ painted stucco
Year Purchased
Year Built
❑ asbestos/slate
❑ asbestos/slate
❑ aluminum
❑ aluminum
Last Painted
Square Feet
❑ vinyl
❑ vinyl
Areas in need of painting: Special Requests:
❑ House siding
❑ House trim (around doors, windows,
overhangs, etc.)
❑ Garage siding
❑ Garage trim (around doors, windows,
overhangs, etc.)
❑ Other
SECTION 7 - Requested Exterior Repairs
Briefly describe the type of work you would like done on the exterior of your home. Attach a separate piece of paper if there is not
enough space to list all repairs. Remember that the items listed below will be considered for repair, but the final decision on what
work can be done with our time and financial resources will be made at the discretion of San Gabriel Valley Habitat for Humanity
/A Brush With Kindness. The work done by A Brush With Kindness will focus on warmth, safety and independence. Repairs will
be agreed upon by both parties prior to commencement.
Area
Accessibility Modifications, such as wheelchair
ramp, cracked sidewalk, etc.
Do you need an assesesment? ❑ Yes ❑ No
Carpentry Repairs. Describe problems with
exterior doors, floors, porches, steps, walls,
ceilings, etc.
(Electrical Repairs. List inoperable exterior lights
and receptacles.
(Plumbing Repairs. Describe inoperable hose
bibs, sprinklers, etc.
Roofing Repairs. Identify where roof leaks.
Painting. List all exterior painting requirements.
Description
nEqual Housing OpporIbmity Page 3 of 4
Doors and Windows. Describe repairs required,
including locks, glass, frames, weather-stripping,
etc.
General Cleaning. Indicate if there is cleaning,
trash removal and/or yard work required.
SECTION 8 - Application History
Have you applied to A Brush With Kindness in the past? ❑ Yes ❑ No If yes, when?:
Has A Brush With Kindness done work at your home in the past? ❑ Yes ❑ No If yes, when?:
SECTION 9 - Media and Publicity
Where did you learn about San Gabriel Valley Habitat for Humanity / A Brush With Kindness?
❑ Television ❑ Radio ❑ Newspaper ❑ Flyer ❑ Friend ❑ Neighborhood Organization ❑ Place of Worship
❑ Other (please describe):
If San Gabriel Valley Habitat for Humanity selects your home, pictures of you and your home may be taken.
Are you willing to be interviewed by media reporters? May we bring elected officials to your home?
❑ Yes, interviews are OK ❑ Yes, visits by elected officials are OK
❑ No, I do not want interviews ❑ No, I do not want visits by elected officials
SECTION 10 - Personal Statement
Please write a brief statement of why you feel you should be selected, and how this program will help you.
SECTION 11- Checklist: Did you complete all sections of this application and submit required attachments?
❑ Did you sign this application? (SECTION 5 and SECTION 11)
LJ Did you enclose a copy of the deed for your home showing the legal description of your property?
❑ Did you enclose a current copy of your homeowner's insurance policy?
❑ Are you current on your homeowner's insurance premiums?
❑ Did you include copies of documents verifying all household income?:
❑ Most recent tax return ❑ Social Security benefits ❑ Pay stubs ❑ Other household income
❑ If a veteran resides in your home, did you provide a copy of the discharge papers?
ALL adults over the age of 18 who reside in your home must submit income documents or prove current student status.
SIGNATURE OF HOMEOWNER
SIGNATURE OF HOMEOWNER
DATE
DATE
Equal Housing Opportunity Page 4 of 4
Exhibit B
Contractor's Required Insurance
• Worker's Compensation: as required by California law.
• Commercial General Liabilitv: minimum of $1,000,000 combined single limit bodily
injury and property damage, including premises and operations, owners and
contractors protective, products and completed operations, blanket contractual, and
broad form property damage.
• Business Automobile Liabilitvminimum limit of $1,000,000 each occurrence
applicable to all owned, hired or non -owned vehicles.
Brush With Kindness (BWK)
San Gabriel Valley Habitat for Humanity, Inc.
LA #4810-9127-8867 v1