HomeMy WebLinkAboutE-18 Staff Report - Accept CalHome Grant, Execute Standard Agreement and PSACONSENT ITEM
E-18
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
VIA: SERGIO GONZALEZ, CITY MANAGER
FROM: NICO DE ANDA-SCAIA, DEPUTY CITY MANAGER/INTERIM ECONOMIC AND
COMMUNITY DEVELOPMENT DIRECTOR
DATE: SEPTEMBER 19, 2022
SUBJECT: ADOPT RESOLUTION AUTHORIZING ACCEPTANCE OF CALHOME PROGRAM
GRANT AWARD 2021, APPROVING THE EXECUTION OF A STANDARD
AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF HOUSING AND
COMMUNITY DEVELOPMENT, AUTHORIZING THE CITY MANAGER TO
APPROVE LOCAL PROGRAM GUIDELINES, AND APPROVING A
PROFESSIONAL SERVICES AGREEMENT WITH GLOBAL URBAN STRATEGIES
BACKGROUND:
On November 15, 2021 the City Council approved Resolution No. 2021-C54 authorizing the submission
of a grant application to the Department of Housing and Community Development (HCD) for funding
under the CalHome Program. On April 18, 2022 the City was notified it was a successful applicant.
HCD awarded a grant award of $4,806,000 in CalHome Program Grant Funds in Los Angeles County to
the City.
RECOMMENDATION:
Staff recommends the City Council take the following actions:
1) Adopt Resolution No. 2022-C74, authorizing Staff to accept the Award;
2)Approve and authorize the City Manager to execute a Standard Agreement and any subsequent
amendments with the Department of Housing and Community Development, in a form
acceptable to the City Attorney on behalf of the City;
3)Authorize the City Manager to approve local Program Guidelines and specifications in
compliance with the CalHome Program Final Guidelines;
4)Waive the purchasing procedures as authorized under Azusa Municipal Code section 2-539
Waiving of purchasing procedures; and
APPROVED
CITY COUNCIL
9/19/2022
CalHome Program Grant Award
September 19, 2022
Page 2
5)Approve a Professional Service Agreement in an amount of $160,000 annually for a total
contract amount not to exceed $480,000 with Global Urban Strategies Inc. for CalHome grant
administrative services in substantial form, subject to minor modifications acceptable to the City
Attorney, on behalf of the City.
ANALYSIS:
The CalHome Program was established with the intent of enabling low and very low-income
households to become or remain homeowners. The City was awarded grant funding in the amount of
$4,806,000 for First-Time Homebuyer Mortgage Assistance and Owner-Occupied Rehabilitation
activities. Interested individuals will apply for the program and will undergo an application process
which may include and is not limited to participant eligibility review, property eligibility requirements,
underwriting requirements, homebuyer education, occupancy requirements etc.
As part HCD requirements, the City must provide a local resolution evidencing the acceptance of the
award and authorization to execute the Standard Agreement and subsequent amendments with HCD.
The Agreement includes:
•Authority, Purpose and Scope of Work
•Budget Detail and Payment Provisions
•State of California General Terms and Conditions
•CalHome Program Terms and Conditions
•Program-Specific Provisions and Special Conditions
Funding will be disbursed on an advanced and reimbursement basis subject to satisfactory compliance
with Program Guidelines. HCD will advance to the City grant funding only after the Conditions of
Disbursement have been met. Conditions of Disbursement include the establishment of Local Program
Guidelines and various documents in compliance with the CalHome Program Final Guidelines. Staff
recommends the City Council authorize the City Manager to approve the Local Program Guidelines
and specifications to ensure a more efficient process. Local Program Guidelines will be reviewed and
approved in writing by both the City and HCD. Local Program Guidelines may include but are not
limited to planning and administering the following:
•Compliance with Guidelines section 7721 Local Program/Project Administration
•Participant eligibility requirements
•Property eligibility requirements
•Underwriting requirements
•Loan terms
•Occupancy requirements
•Eligible and ineligible costs
Administering the CalHome Program Grant Funds will require administrative support. While City Staff
would oversee the Program as a whole, it will require technical expertise to the following and is not
limited to:
•Preparing local program guidelines
•Marketing the local program,
•Determining household eligibility
•Providing homebuyer education
•Providing loan servicing
CalHome Program Grant Award
September 19, 2022
Page 3
• Preparing and submitting quarterly and annual reports to HCD.
Global Urban Strategies was retained to assist the City in preparing and submitting a time-sensitive
application to HCD’s CalHome Program. Global Urban Strategies possesses expertise in this area,
having applied successfully for this grant in the past and having administered the Program for other
cities. Part of the Global Urban Strategies’ responsibilities were to apply for and obtain grant funding,
and to administer the grant if the City was a successful applicant. At this time, Staff is requesting the
City Council waive the purchasing procedures as authorized in the Azusa Municipal Code section 2-
539 and approve a Professional Service Agreement (PSA) with Global Urban Strategies to further
establish scope of services now that the grant has been awarded. The City currently utilizes Global
Urban Strategies for general grant management services. Global Urban Strategies specializes in grant
writing services and the administration of grants including the CalHome Grant Program. The CalHome
Program allows for monies to be set aside for grant administration or activity delivery fees as defined
by the CalHome Grant Program Guidelines. These funds will be used to cover administrative costs
including City Staff time and consultant time dedicated to administering the Grant Program. This may
include costs associated with financing or developing activities associated with the CalHome program
funds. The program will not require local matching funds.
FISCAL IMPACT:
The City was awarded a grant in the amount of $4,806,000. These funds will be provided to the City on
an accrued-reimbursement-basis. There is no current fiscal impact associated with authorizing Staff to
accept the grant award, execute the Standard Agreement with the Department of Housing and
Community Development or authorizing the City Manager to approve Local Program Guidelines and
specifications. The cost associated with approving a professional service agreement with Global Urban
Strategies for grant administrative services in an amount of $160,000 annually for a total contract
amount not to exceed $480,000 will be funded through the grant monies set aside for administrative
costs and activity delivery fees. Therefore, there will not be a long-term fiscal impact to the City’s
general fund, although an initial balance may be requested to supplement the program until initial grant
funds are received from the State. While details to administering the Program are yet to be developed,
if in the likelihood the City is required to appropriate general fund money to the City’s Local Program,
Staff will bring the request before the City Council for approval. However, any City funds would be
reimbursed to the City. Program funding will be disbursed on an advanced and reimbursement basis.
Funding reimbursement will be disbursed on a quarterly basis subject to satisfactory compliance with
Program Guidelines. The Program will not require local matching funds. Grant funding must be drawn
down within 36 months of the date of execution of the Standard Agreement. Once the Standard
Agreement and PSA are fully executed, Staff will set up the grant accounts and process a budget
amendment in compliance with the Program Guidelines which may include but is not limited to a
CalHome Grant Program account, Reuse account and administrative costs account.
Prepared by: Reviewed and Approved:
Carina Campos Nico De Anda-Scaia
Economic Development Specialist Deputy City Manager/Interim Economic and
Community Development Director
CalHome Program Grant Award
September 19, 2022
Page 4
Reviewed and Approved:
Sergio Gonzalez
City Manager
Attachments:
1)Resolution 2022-C74 Accepting CalHome Grant Award and Authorizing the Execution of a
Standard Agreement with HCD
2)Professional Service Agreement with Global Urban Strategies for Grant Administrative Services
RESOLUTION NO. 2022-C74
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA
CALIFORNIA, ACCEPTING THE GRANT FUNDS FOR THE
CALHOME PROGRAM GRANT AWARD 2021, APPROVING THE
EXECUTION OF A STANDARD AGREEMENT AND ANY
SUBSEQUENT AMENDMENTS WITH THE CALIFORNIA
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
AND AUTHORIZING THE CITY MANAGER TO APPROVE LOCAL
PROGRAM GUIDELINES AND SPECIFICATIONS.
WHEREAS, the City of Azusa has been awarded $4,806,000 in funding from the State
of California Department of Housing and Community Development (HCD) for First Time
Homebuyer Mortgage Assistance and Owner-Occupied Rehabilitation Assistance; and
WHEREAS, the funding opportunity provided by HCD through their CalHome Program
seeks to provide first-time homebuyer mortgage assistance and owner-occupied rehabilitation
assistance to low- and very low income households to become or remain homeowners.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Azusa
does hereby finds, determines and declares as follows:
SECTION 1. Accepts funds from the Department of Housing and Community
Development for the CalHome Program 2021;
SECTION 2. Certifies that the City understands they will work with Department of
Housing and Community Development to meet established deadlines to complete project within
36 months of the execution of the Standard Agreement;
SECTION 3. Certifies that the City understands they will execute a Standard Agreement
and any subsequent amendments or modifications thereto, as well as any other documents as
required with the Department of Housing and Community Development;
SECTION 4. Authorizes the City Manager, or designee, as agent to approve local
program guidelines and specifications;
SECTION 5. Authorizes the City Manager, or designee, as agent to conduct all
negotiations, execute and submit all documents including, but not limited to agreements,
payment requests and so on, which may be necessary for the completion of the aforementioned
program.
PASSED, APPROVED and ADOPTED this 19 day of September, 2022.
Attachment 1
Page 2
___________________________________
Robert Gonzales
Mayor
ATTEST:
___________________________________
Jeffrey Lawrence Cornejo, Jr.
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF AZUSA )
I HEREBY CERTIFY that the foregoing Resolution No. 2022-C74 was duly adopted
by the City Council of the City of Azusa at a regular meeting thereof, held on the 19th day of
September, 2022, by the following vote of Council:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
___________________________________
Jeffrey Lawrence Cornejo, Jr.,
City Clerk
APPROVED AS TO FORM:
___________________________________
Best Best & Krieger, LLP
City Attorney
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CITY OF AZUSA
PROFESSIONAL SERVICES AGREEMENT
1.PARTIES AND DATE.
This Agreement is made and entered into this ____ day of ________________, 2022 by
and between the City of Azusa, a municipal corporation organized under the laws of the State of
California with its principal place of business at 213 East Foothill Boulevard, Azusa, California
91702 (“City”) and GLOBAL URBAN STRATEGIES, INC., a CORPORATION with its principal place of
business at 2200 S. Fremont Avenue, Suite 208 Alhambra, CA 91803 (“Consultant”). City and
Consultant are sometimes individually referred to herein as “Party” and collectively as “Parties.”
2.RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain
professional services required by the City on the terms and conditions set forth in this Agreement.
Consultant represents that it is experienced in providing CALHOME GRANT ADMINISTRATION
SERVICES to public clients, is licensed in the State of California, and is familiar with the plans of
City.
2.2 Project.
City desires to engage Consultant to render such services for the CALHOME PROGRAM 2021
project (“Project”) as set forth in this Agreement.
3.TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to
the City all labor, materials, tools, equipment, services, and incidental and customary work
necessary to fully and adequately supply the professional CALHOME GRANT ADMNISTRATION
SERVICES necessary for the Project (“Services”). The Services are more particularly described in
Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject
to, and performed in accordance with, this Agreement, the exhibits attached hereto and
incorporated herein by reference, and all applicable local, state and federal laws, rules and
regulations.
3.1.2 Term. The term of this Agreement shall be from SEPTEMBER 19, 2022 TO
SEPTEMBER 19, 2025, unless earlier terminated as provided herein. Consultant shall complete the
Services within the term of this Agreement, and shall meet any other established schedules and
deadlines. If the full scope of the CalHome Grant Program are not completed by the Consultant
by the end of the three (3) year CalHome Grant Program term, the Parties may, by mutual written
consent, extend the term of this Agreement for an additional two (1) year extensions if necessary
Attachment 2
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to complete the “Services” and scope of the Project. If the term of the Agreement is extended to
fulfill all work contemplated in the Agreement, such time shall be paid from the established
Compensation per Section 3.3.1 of this Agreement.
3.2 Responsibilities of Consultant.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The
Services shall be performed by Consultant or under its supervision. Consultant will determine the
means, methods and details of performing the Services subject to the requirements of this
Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Consultant retains the right to perform similar or different services for others during the term of
this Agreement. Any additional personnel performing the Services under this Agreement on behalf
of Consultant shall also not be employees of City and shall at all times be under Consultant’s
exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due
such personnel in connection with their performance of Services under this Agreement and as
required by law. Consultant shall be responsible for all reports and obligations respecting such
additional personnel, including, but not limited to: social security taxes, income tax withholding,
unemployment insurance, disability insurance, and workers’ compensation insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously,
within the term of this Agreement, and in accordance with the Schedule of Services set forth in
Exhibit “B” attached hereto and incorporated herein by reference. Consultant represents that it
has the professional and technical personnel required to perform the Services in conformance with
such conditions. In order to facilitate Consultant’s conformance with the Schedule, City shall
respond to Consultant’s submittals in a timely manner. Upon request of City, Consultant shall
provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by
Consultant shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel. Consultant has represented to City that
certain key personnel will perform and coordinate the Services under this Agreement. Should one
or more of such personnel become unavailable, Consultant may substitute other personnel of at
least equal competence upon written approval of City. In the event that City and Consultant cannot
agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for
cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner
acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a
threat to the adequate or timely completion of the Project or a threat to the safety of persons or
property, shall be promptly removed from the Project by the Consultant at the request of the City.
The key personnel for performance of this Agreement are as follows:
•Senior Staff $130/HR
•Associate Staff $100/HR
•Graphic Design $100/75/HR
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• Clerical $65/HR
3.2.5 City’s Representative. The City hereby designates the CITY MANAGER, or
his or her designee, to act as its representative for the performance of this Agreement (“City’s
Representative”). City’s Representative shall have the power to act on behalf of the City for all
purposes under this Contract. Consultant shall not accept direction or orders from any person other
than the City’s Representative or his or her designee.
3.2.6 Consultant’s Representative. Consultant hereby designates OMAR E.
HERNANDEZ, PRESIDENT, or his/her designee, to act as its representative for the performance of
this Agreement (“Consultant’s Representative”). Consultant’s Representative shall have full
authority to represent and act on behalf of the Consultant for all purposes under this Agreement.
The Consultant’s Representative shall supervise and direct the Services, using his/her best skill
and attention, and shall be responsible for all means, methods, techniques, sequences and
procedures and for the satisfactory coordination of all portions of the Services under this
Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with City staff
in the performance of Services and shall be available to City’s staff, consultants and other staff at
all reasonable times.
3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all
Services under this Agreement in a skillful and competent manner, consistent with the standards
generally recognized as being employed by professionals in the same discipline in the State of
California. Consultant represents and maintains that it is skilled in the professional calling
necessary to perform the Services. Consultant warrants that all employees and subcontractors shall
have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant
represents that it, its employees and subcontractors have all licenses, permits, qualifications and
approvals of whatever nature that are legally required to perform the Services, including a City
Business License, and that such licenses and approvals shall be maintained throughout the term of
this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant
shall perform, at its own cost and expense and without reimbursement from the City, any services
necessary to correct errors or omissions which are caused by the Consultant’s failure to comply
with the standard of care provided for herein. Any employee of the Consultant or its sub-
consultants who is determined by the City to be uncooperative, incompetent, a threat to the
adequate or timely completion of the Project, a threat to the safety of persons or property, or any
employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be
promptly removed from the Project by the Consultant and shall not be re-employed to perform any
of the Services or to work on the Project.
3.2.9 Period of Performance. Consultant shall perform and complete all Services
under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”).
Consultant shall also perform the Services in strict accordance with any completion schedule or
Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately
agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees
that if the Services are not completed within the aforementioned Performance Time and/or
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pursuant to any such Project Milestones developed pursuant to provisions of this Agreement, it is
understood, acknowledged and agreed that the City will suffer damage.
3.2.10 Laws and Regulations; Employee/Labor Certifications. Consultant shall
keep itself fully informed of and in compliance with all local, state and federal laws, rules and
regulations in any manner affecting the performance of the Project or the Services, including all
Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for
all violations of such laws and regulations in connection with Services. If the Consultant performs
any work knowing it to be contrary to such laws, rules and regulations and without giving written
notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant
shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free
and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or
liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.2.10.1 Employment Eligibility; Consultant. By executing this
Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state
and federal law respecting the employment of undocumented aliens, including, but not limited to,
the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such
requirements and restrictions include, but are not limited to, examination and retention of
documentation confirming the identity and immigration status of each employee of the Consultant.
Consultant also verifies that it has not committed a violation of any such law within the five (5)
years immediately preceding the date of execution of this Agreement, and shall not violate any
such law at any time during the term of the Agreement. Consultant shall avoid any violation of
any such law during the term of this Agreement by participating in an electronic verification of
work authorization program operated by the United States Department of Homeland Security, by
participating in an equivalent federal work authorization program operated by the United States
Department of Homeland Security to verify information of newly hired employees, or by some
other legally acceptable method. Consultant shall maintain records of each such verification, and
shall make them available to the City or its representatives for inspection and copy at any time
during normal business hours. The City shall not be responsible for any costs or expenses related
to Consultant’s compliance with the requirements provided for in Section 3.2.10 or any of its sub-
sections.
3.2.10.2 Employment Eligibility; Subcontractors, Consultants, Sub-
subcontractors and Subconsultants. To the same extent and under the same conditions as
Consultant, Consultant shall require all of its subcontractors, consultants, sub-subcontractors and
subconsultants performing any work relating to the Project or this Agreement to make the same
verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1.
3.2.10.3 Employment Eligibility; Failure to Comply. Each person
executing this Agreement on behalf of Consultant verifies that they are a duly authorized officer
of Consultant, and understands that any of the following shall be grounds for the City to terminate
the Agreement for cause: (1) failure of Consultant or its subcontractors, consultants, sub-
subcontractors or subconsultants to meet any of the requirements provided for in Sections 3.2.10.1
or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such
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requirements (including in those verifications provided to the Consultant under Section 3.2.10.2);
or (3) failure to immediately remove from the Project any person found not to be in compliance
with such requirements.
3.2.10.4 Labor Certification. By its signature hereunder, Consultant
certifies that it is aware of the provisions of Section 3700 of the California Labor Code which
require every employer to be insured against liability for Workers’ Compensation or to undertake
self-insurance in accordance with the provisions of that Code, and agrees to comply with such
provisions before commencing the performance of the Services.
3.2.10.5 Equal Opportunity Employment. Consultant represents that
it is an equal opportunity employer and it shall not discriminate against any subconsultant,
employee or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities
related to initial employment, upgrading, demotion, transfer, recruitment or recruitment
advertising, layoff or termination. Consultant shall also comply with all relevant provisions of
City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs
or guidelines currently in effect or hereinafter enacted.
3.2.10.6 Air Quality. To the extent applicable, Consultant must fully
comply with all applicable laws, rules and regulations in furnishing or using equipment and/or
providing services, including, but not limited to, emissions limits and permitting requirements
imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air
Resources Board (CARB). Although the SCAQMD and CARB limits and requirements are more
broad, Consultant shall specifically be aware of their application to "portable equipment", which
definition is considered by SCAQMD and CARB to include any item of equipment with a fuel-
powered engine. Consultant shall indemnify City against any fines or penalties imposed by
SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable
laws, rules and/or regulations by Consultant, its subconsultants, or others for whom Consultant is
responsible under its indemnity obligations provided for in this Agreement.
3.2.10.7 Water Quality.
(A) Management and Compliance. To the extent applicable,
Consultant’s Services must account for, and fully comply with, all local, state and federal laws,
rules and regulations that may impact water quality compliance, including, without limitation, all
applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the
California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws,
rules and regulations of the Environmental Protection Agency, the State Water Resources Control
Board and the Santa Ana Regional Water Quality Control Board; the City’s ordinances regulating
discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any
such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne
Water Quality Control Act, to any ground or surface water in the State.
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(B) Liability for Non-compliance. Failure to comply with the
laws, regulations and policies described in this Section is a violation of law that may subject
Consultant or City to penalties, fines, or additional regulatory requirements. Consultant shall
defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and
agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and
against any and all fines, penalties, claims or other regulatory requirements imposed as a result of
Consultant’s non-compliance with the laws, regulations and policies described in this Section,
unless such non-compliance is the result of the sole established negligence, willful misconduct or
active negligence of the City, its officials, officers, agents, employees or authorized volunteers.
(C) Training. In addition to any other standard of care
requirements set forth in this Agreement, Consultant warrants that all employees and
subcontractors shall have sufficient skill and experience to perform the Services assigned to them
without impacting water quality in violation of the laws, regulations and policies described in this
Section. Consultant further warrants that it, its employees and subcontractors will receive adequate
training, as determined by City, regarding the requirements of the laws, regulations and policies
described in this Section as they may relate to the Services provided under this Agreement. Upon
request, City will provide Consultant with a list of training programs that meet the requirements
of this paragraph.
3.2.11 Insurance.
3.2.11.1 Time for Compliance. Consultant shall not commence
Services under this Agreement until it has provided evidence satisfactory to the City that it has
secured all insurance required under this section. In addition, Consultant shall not allow any
subcontractor to commence work on any subcontract until it has provided evidence satisfactory to
the City that the subcontractor has secured all insurance required under this section.
3.2.11.2 Minimum Requirements. Consultant shall, at its expense,
procure and maintain for the duration of the Agreement insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the performance of
the Agreement by the Consultant, its agents, representatives, employees or subcontractors.
Consultant shall also require all of its subcontractors to procure and maintain the same insurance
for the duration of the Agreement. Such insurance shall meet at least the following minimum levels
of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as
broad as the latest version of the following: (1) General Liability: Insurance Services Office
Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:
Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and
(3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as
required by the State of California and Employer’s Liability Insurance. The policy shall not
contain any exclusion contrary to the Agreement, including but not limited to endorsements or
provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24
26 or 21 29); or (2) cross liability for claims or suits by one insured against another.
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(B) Minimum Limits of Insurance. Consultant shall maintain
limits no less than: (1) General Liability: $1,000,000 per occurrence, $2,000,000 general aggregate
for bodily injury, personal injury and property damage. If Commercial General Liability Insurance
or other form with general aggregate limit is used including, but not limited to, form CG 2503,
either the general aggregate limit shall apply separately to this Agreement/location or the general
aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000
combined single limit for each accident for bodily injury and property damage including coverage
for any owned, hired, non-owned or rented vehicles; and (3) Workers’ Compensation and
Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State
of California. Employer’s Liability limits of $1,000,000 per accident for bodily injury or disease.
Defense costs shall be paid in addition to the limits.
(C) Notices; Cancellation or Reduction of Coverage. At least
fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance
coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled
or materially reduced, Consultant 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. In the event any policy of insurance required under this Agreement does not comply
with these specifications or is canceled and not replaced, the City has the right but not the duty to
obtain the insurance it deems necessary and any premium paid by the City will be promptly
reimbursed by Consultant or the City may withhold amounts sufficient to pay premium from
Consultant payments. In the alternative, the City may suspend or terminate this Agreement.
3.2.11.3 Professional Liability. Consultant shall procure and
maintain, and require its sub-consultants to procure and maintain, for a period of five (5) years
following completion of the Project, errors and omissions liability insurance appropriate to their
profession. Such insurance shall be in an amount not less than $1,000,000 per claim and in the
aggregate, and shall be endorsed to include contractual liability. Defense costs shall be paid in
addition to limits.
3.2.11.4 Insurance Endorsements. The insurance policies shall
contain the following provisions, or Consultant shall provide endorsements on forms supplied or
approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall include
or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or
endorsements providing the exact same coverage, the City of Azusa, its directors, officials,
officers, employees, agents and volunteers shall be covered as additional insured with
respect to the Services or ongoing and complete operations performed by or on behalf of
the Consultant, including materials, parts or equipment furnished in connection with such
work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage,
the insurance coverage shall be primary insurance as respects the City, its directors,
officials, officers, employees, agents and volunteers, or if excess, shall stand in an
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unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage.
Any excess insurance shall contain a provision that such coverage shall also apply on a
primary and noncontributory basis for the benefit of the City, before the City’s own primary
insurance or self-insurance shall be called upon to protect it as a named insured. Any
insurance or self-insurance maintained by the City, its directors, officials, officers,
employees, agents and volunteers shall be excess of the Consultant’s insurance and shall
not be called upon to contribute with it in any way. Notwithstanding the minimum limits
set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified
minimum limits of coverage shall be available to the parties required to be named as
additional insureds pursuant to this Section 3.2.11.4(A).
(B) Automobile Liability. The automobile liability policy shall
include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers,
employees, agents and volunteers shall be covered as additional insureds with respect to the
ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or
borrowed by the Consultant or for which the Consultant is responsible; and (2) the insurance
coverage shall be primary insurance as respects the City, its directors, officials, officers,
employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess
of the Consultant’s scheduled underlying coverage. Any insurance or self-insurance maintained
by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of
the Consultant’s insurance and shall not be called upon to contribute with it in any way.
Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance
proceeds in excess of the specified minimum limits of coverage shall be available to the parties
required to be named as additional insureds pursuant to this Section 3.2.11.4(B).
(C) Workers’ Compensation and Employers’ Liability
Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors,
officials, officers, employees, agents and volunteers for losses paid under the terms of the
insurance policy which arise from work performed by the Consultant.
(D) All Coverages. Each insurance policy required by this
Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced
or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice
by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply
with reporting or other provisions of the policies, including breaches of warranties, shall not affect
coverage provided to the City, its directors, officials, officers, employees, agents and volunteers.
Any failure to comply with reporting or other provisions of the policies including breaches of
warranties shall not affect coverage provided to the City, its officials, officers, employees, agents
and volunteers, or any other additional insureds.
3.2.11.5 Separation of Insureds; No Special Limitations; Waiver of
Subrogation. All insurance required by this Section shall contain standard separation of insureds
provisions. In addition, such insurance shall not contain any special limitations on the scope of
protection afforded to the City, its directors, officials, officers, employees, agents and volunteers.
All policies shall waive any right of subrogation of the insurer against the City, its officials,
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officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically
allow Consultant or others providing insurance evidence in compliance with these specifications
to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery
against City, its officials, officers, employees, agents, and volunteers, or any other additional
insureds, and shall require similar written express waivers and insurance clauses from each of its
subconsultants.
3.2.11.6 Deductibles and Self-Insurance Retentions. Any deductibles
or self-insured retentions must be declared to and approved by the City. Consultant shall guarantee
that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or
self-insured retentions as respects the City, its directors, officials, officers, employees, agents and
volunteers; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related
investigation costs, claims and administrative and defense expenses.
3.2.11.7 Subconsultant Insurance Requirements. Consultant shall not
allow any subconsultants to commence work on any subcontract relating to the work under the
Agreement until they have provided evidence satisfactory to the City that they have secured all
insurance required under this Section. If requested by Consultant, the City may approve different
scopes or minimum limits of insurance for particular subconsultants. The Consultant and the City
shall be named as additional insureds on all subconsultants’ policies of Commercial General
Liability using ISO form 20 38, or coverage at least as broad.
3.2.11.8 Acceptability of Insurers. Insurance is to be placed with
insurers with a current A.M. Best’s rating no less than A:VIII, licensed to do business in California,
and satisfactory to the City.
3.2.11.9 Verification of Coverage. Consultant shall furnish City with
original certificates of insurance and endorsements effecting coverage required by this Agreement
on forms satisfactory to the City. The certificates and endorsements for each insurance policy
shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be
on forms provided by the City if requested. All certificates and endorsements must be received
and approved by the City before work commences. The City reserves the right to require complete,
certified copies of all required insurance policies, at any time.
3.2.11.9 Reporting of Claims. Consultant shall report to the City, in
addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in
connection with the Services under this Agreement.
3.2.12 Safety. Consultant shall execute and maintain its work so as to avoid injury
or damage to any person or property. In carrying out its Services, the Consultant shall at all times
be in compliance with all applicable local, state and federal laws, rules and regulations, and shall
exercise all necessary precautions for the safety of employees appropriate to the nature of the work
and the conditions under which the work is to be performed. Safety precautions as applicable shall
include, but shall not be limited to: (A) adequate life protection and life saving equipment and
procedures; (B) instructions in accident prevention for all employees and subcontractors, such as
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safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures,
trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are
necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the
proper inspection and maintenance of all safety measures.
3.2.13 Accounting Records. Consultant shall maintain complete and accurate
records with respect to all costs and expenses incurred under this Agreement. All such records
shall be clearly identifiable. Consultant shall allow a representative of City during normal business
hours to examine, audit, and make transcripts or copies of such records and any other documents
created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents,
proceedings, and activities related to the Agreement for a period of three (3) years from the date
of final payment under this Agreement.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in
Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall
not exceed ONE HUNDRED SIXTY THOUSAND DOLLARS AND ZERO CENTS ON AN ANNUAL BASIS
($160,000) FOR A TOTAL CONTRACT AMOUNT OF FOUR HUNDRED AND EIGHTY THOUSAND DOLLARS
AND ZERO CENTS ($480,000) without written approval of the City Manager. Extra Work may be
authorized, as described below, and if authorized, will be compensated at the rates and manner set
forth in this Agreement. The total compensation for the Project shall be for the performance of all
work contemplated under this Agreement. Completion of the Project Scope of Services will not
exceed the budgeted sum of $480,000. If necessary the term of the Agreement may be extended to
fulfill all work contemplated in the Agreement. Such time shall be paid from the budgeted sum.
3.3.2 Payment of Compensation. Consultant shall submit to City a monthly
itemized statement which indicates work completed and hours of Services rendered by Consultant.
The statement shall describe the amount of Services and supplies provided since the initial
commencement date, or since the start of the subsequent billing periods, as appropriate, through
the date of the statement. City shall, within 45 days of receiving such statement, review the
statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any
expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Agreement, City may
request that Consultant perform Extra Work. As used herein, “Extra Work” means any work which
is determined by City to be necessary for the proper completion of the Project, but which the parties
did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant
shall not perform, nor be compensated for, Extra Work without written authorization from City’s
Representative.
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3.3.5 Prevailing Wages. Consultant is aware of the requirements of California
Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations,
Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing
wage rates and the performance of other requirements on “public works” and “maintenance”
projects. If the Services are being performed as part of an applicable “public works” or
“maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is
$1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall
provide Consultant with a copy of the prevailing rates of per diem wages in effect at the
commencement of this Agreement. Consultant shall make copies of the prevailing rates of per
diem wages for each craft, classification or type of worker needed to execute the Services available
to interested parties upon request, and shall post copies at the Consultant’s principal place of
business and at the project site. Consultant shall defend, indemnify and hold the City, its elected
officials, officers, employees and agents free and harmless from any claim or liability arising out
of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4 Termination of Agreement.
3.4.1 Grounds for Termination. City may, by written notice to Consultant,
terminate the whole or any part of this Agreement at any time and without cause by giving written
notice to Consultant of such termination, and specifying the effective date thereof, at least sixty
(60) days before the effective date of such termination. Upon termination, Consultant shall be
compensated only for those services which have been adequately rendered to City, and Consultant
shall be entitled to no further compensation. Consultant may not terminate this Agreement except
for cause.
3.4.2 Effect of Termination. If this Agreement is terminated as provided herein,
City may require Consultant to provide all finished or unfinished Documents and Data and other
information of any kind prepared by Consultant in connection with the performance of Services
under this Agreement. Consultant shall be required to provide such document and other
information within thirty (30) days of the request.
3.4.3 Additional Services. In the event this Agreement is terminated in whole or
in part as provided herein, City may procure, upon such terms and in such manner as it may
determine appropriate, services similar to those terminated.
3.5 Ownership of Materials and Confidentiality.
3.5.1 Documents & Data; Licensing of Intellectual Property. This Agreement
creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense
any and all copyrights, designs, and other intellectual property embodied in plans, specifications,
studies, drawings, estimates, and other documents or works of authorship fixed in any tangible
medium of expression, including but not limited to, physical drawings or data magnetically or
otherwise recorded on computer diskettes, which are prepared or caused to be prepared by
Consultant under this Agreement (“Documents & Data”). All Documents & Data shall be and
remain the property of City, and shall not be used in whole or in substantial part by Consultant on
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other projects without the City's express written permission. Within thirty (30) days following the
completion, suspension, abandonment or termination of this Agreement, Consultant shall provide
to City reproducible copies of all Documents & Data, in a form and amount required by City. City
reserves the right to select the method of document reproduction and to establish where the
reproduction will be accomplished. The reproduction expense shall be borne by City at the actual
cost of duplication. In the event of a dispute regarding the amount of compensation to which the
Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide
all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no
right to retain or fail to provide to City any such documents pending resolution of the dispute. In
addition, Consultant shall retain copies of all Documents & Data on file for a minimum of five (5)
years following completion of the Project, and shall make copies available to City upon the
payment of actual reasonable duplication costs. Before destroying the Documents & Data
following this retention period, Consultant shall make a reasonable effort to notify City and
provide City with the opportunity to obtain the documents.
3.5.2 Subcontractors. Consultant shall require all subcontractors to agree in
writing that City is granted a non-exclusive and perpetual license for any Documents & Data the
subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant
has the legal right to license any and all Documents & Data. Consultant makes no such
representation and warranty in regard to Documents & Data which were prepared by design
professionals other than Consultant or its subcontractors, or those provided to Consultant by the
City.
3.5.3 Right to Use. City shall not be limited in any way in its use or reuse of the
Documents and Data or any part of them at any time for purposes of this Project or another project,
provided that any such use not within the purposes intended by this Agreement or on a project
other than this Project without employing the services of Consultant shall be at City’s sole risk. If
City uses or reuses the Documents & Data on any project other than this Project, it shall remove
the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant
and its officers, directors, agents and employees from claims arising out of the negligent use or re-
use of the Documents & Data on such other project. Consultant shall be responsible and liable for
its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition
of the Documents & Data at the time they are provided to the City upon completion, suspension,
abandonment or termination. Consultant shall not be responsible or liable for any revisions to the
Documents & Data made by any party other than Consultant, a party for whom the Consultant is
legally responsible or liable, or anyone approved by the Consultant.
3.5.4 Confidentiality. All Documents & Data either created by or provided to
Consultant in connection with the performance of this Agreement shall be held confidential by
Consultant. All Documents & Data shall not, without the prior written consent of City, be used or
reproduced by Consultant for any purposes other than the performance of the Services. Consultant
shall not disclose, cause or facilitate the disclosure of the Documents & Data to any person or
entity not connected with the performance of the Services or the Project. Nothing furnished to
Consultant which is otherwise known to Consultant or is generally known, or has become known,
to the related industry shall be deemed confidential. Consultant shall not use City’s name or
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insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in
any magazine, trade paper, newspaper, television or radio production or other similar medium
without the prior written consent of City.
3.6 General Provisions.
3.6.1 Delivery of Notices. All notices permitted or required under this Agreement
shall be given to the respective parties at the following address, or at such other address as the
respective parties may provide in writing for this purpose:
Consultant:
Global Urban Strategies, Inc.
2200 S. Fremont Avenue, Suite 208
Alhambra, CA 91803
Attn: Omar E. Hernandez, President
City:
City of Azusa
213 E. Foothill Blvd.
Azusa, CA 91702
Attn: City Manager
Such notice shall be deemed made when personally delivered or when mailed,
forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to
the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual
notice occurred, regardless of the method of service.
3.6.2 Indemnification.
3.6.2.1 Scope of Indemnity. To the fullest extent permitted by law,
CONSULTANT shall indemnify and hold harmless AGENCY and any and all of its officials,
employees and agents (“Indemnified Parties”) from and against any and all losses, liabilities,
damages, costs and expenses, including legal counsel’s fees and costs, caused in whole or in part
by the negligent or wrongful act, error or omission of CONSULTANT, its officers, agents,
employees or subconsultants (or any agency or individual that CONSULTANT shall bear the legal
liability thereof) in the performance of services under this AGREEMENT. CONSULTANT’s duty
to indemnify and hold harmless AGENCY shall not extend to the AGENCY’s sole or active
negligence.
3.6.2.2 Duty to Defend. In the event the AGENCY, its officers, employees,
agents and/or volunteers are made a party to any action, lawsuit, or other adversarial proceeding
arising from the performance of the services encompassed by this AGREEMENT, and upon
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demand by AGENCY, CONSULTANT shall defend the AGENCY at CONSULTANT’s cost or
at AGENCY’s option, to reimburse AGENCY for its costs of defense, including reasonable
attorney’s fees and costs incurred in the defense of such matters to the extent the matters arise
from, relate to or are caused by CONSULTANT’s negligent acts, errors or omissions. Payment by
AGENCY is not a condition precedent to enforcement of this indemnity. In the event of any dispute
between CONSULTANT and AGENCY, as to whether liability arises from the sole or active
negligence of the AGENCY or its officers, employees, or agents, CONSULTANT will be
obligated to pay for AGENCY’s defense until such time as a final judgment has been entered
adjudicating the AGENCY as solely or actively negligent. CONSULTANT will not be entitled in
the absence of such a determination to any reimbursement of defense costs including but not
limited to attorney’s fees, expert fees and costs of litigation.
3.6.3 Governing Law; Government Code Claim Compliance. This Agreement
shall be governed by the laws of the State of California. Venue shall be in Los Angeles County.
In addition to any and all contract requirements pertaining to notices of and requests for
compensation or payment for extra work, disputed work, claims and/or changed conditions,
Consultant must comply with the claim procedures set forth in Government Code sections 900 et
seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent
lawsuit based upon the Government Code claims shall be limited to those matters that remain
unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed
conditions have been followed by Consultant. If no such Government Code claim is submitted, or
if any prerequisite contractual requirements are not otherwise satisfied as specified herein,
Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.
3.6.4 Time of Essence. Time is of the essence for each and every provision of
this Agreement.
3.6.5 City’s Right to Employ Other Consultants. City reserves right to employ
other consultants in connection with this Project as permitted by the California Department of
Housing and Community Development and their CalHome Program Guidelines and any
subsequent amendments.
3.6.6 Successors and Assigns. This Agreement shall be binding on the successors
and assigns of the parties.
3.6.7 Assignment or Transfer. Consultant shall not assign, hypothecate, or
transfer, either directly or by operation of law, this Agreement or any interest herein without the
prior written consent of the City. Any attempt to do so shall be null and void, and any assignees,
hypothecates or transferees shall acquire no right or interest by reason of such attempted
assignment, hypothecation or transfer.
3.6.8 Construction; References; Captions. Since the Parties or their agents have
participated fully in the preparation of this Agreement, the language of this Agreement shall be
construed simply, according to its fair meaning, and not strictly for or against any Party. Any term
referencing time, days or period for performance shall be deemed calendar days and not work days.
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All references to Consultant include all personnel, employees, agents, and subcontractors of
Consultant, except as otherwise specified in this Agreement. All references to City include its
elected officials, officers, employees, agents, and volunteers except as otherwise specified in this
Agreement. The captions of the various articles and paragraphs are for convenience and ease of
reference only, and do not define, limit, augment, or describe the scope, content, or intent of this
Agreement.
3.6.9 Amendment; Modification. No supplement, modification, or amendment
of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.6.10 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppel, or otherwise.
3.6.11 No Third Party Beneficiaries. Except to the extent expressly provided for
in Section 3.6.7, there are no intended third party beneficiaries of any right or obligation assumed
by the Parties.
3.6.12 Invalidity; Severability. If any portion of this Agreement is declared
invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions shall continue in full force and effect.
3.6.13 Prohibited Interests. Consultant maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working solely
for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not
paid nor has it agreed to pay any company or person, other than a bona fide employee working
solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. Consultant further
agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic
Interest with the City’s Filing Officer as required under state law in the performance of the
Services. For breach or violation of this warranty, City shall have the right to rescind this
Agreement without liability. For the term of this Agreement, no member, officer or employee of
City, during the term of his or her service with City, shall have any direct interest in this
Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.6.14 Cooperation; Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be necessary,
appropriate or convenient to attain the purposes of this Agreement.
3.6.15 Attorney’s Fees. If either party commences an action against the other
party, either legal, administrative or otherwise, arising out of or in connection with this Agreement,
the prevailing party in such litigation shall be entitled to have and recover from the losing party
reasonable attorney’s fees and all other costs of such action.
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3.6.16 Authority to Enter Agreement. Consultant has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party
warrants that the individuals who have signed this Agreement have the legal power, right, and
authority to make this Agreement and bind each respective Party.
3.6.17 Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an original.
3.6.18 Entire Agreement. This Agreement contains the entire Agreement of the
parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements. This Agreement may only be modified by a writing signed by both
parties.
[SIGNATURES ON NEXT PAGE]
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CITY: CONSULTANT:
CITY OF AZUSA GLOBAL URBAN STRATEGIES, INC.
By: Sergio Gonzalez
City Manager
By: Omar E. Hernandez
Executive Director
Date:___________________________ Date: ____________________________
ATTEST:
By: Jeffrey Cornejo
City Clerk
Date:___________________________
APPROVED AS TO FORM:
BEST BEST & KRIEGER LLP
City Attorney
Date:___________________________
A-1
EXHIBIT “A”
SCOPE OF SERVICES
Global Urban Strategies, Inc. (Global) on behalf of the City of Azusa shall administer the
CalHome program funds to operate a First Time Homebuyer Local Mortgage Assistance
program and an Owner Occupied Rehabilitation program and shall be responsible for the
following activities in compliance with the CalHome Program Final Guidelilnes 2019 and any
subsequent amendments, CalHome Program Notice of Funding Availability 2021 and any other
requirements as required by the California Deparmtent of Housing and Community Development:
GRANT ADMINISTRATION
1. Serve as the City liaison on project related activities.
2. Assist in the preparation of agreements and miscellaneous project related documents
including but not limited to Local Program Guidelines, Loan Servicing Plan, Loan
Documents, Reuse Agreement, Monitoring Agreement etc.
3. Coordinate with funding agencies on project delivery and prepare funding requests.
4. Coordinate with City Attorney for preparation of agreements.
5. Prepare agenda reports for City Council meetings as needed.
6. Prepare and implement a Homebuyer education
7. Prepare and implenet a marketing plan for the local program
8. Receive, review and screen program applications for eligibility and make
recommendations to the City.
9. Coordination for programming and preparation of fund requests as needed.
10. Prepare quarterly and annual reports as needed.
11. Attend scheduled program development team meetings.
12. Provide support for community relations and preparation of information materials.
13. Prepare miscellaneous reports and assist City staff as needed.
PROGRAM MANAGEMENT
1. Attend program kick-off meetings, team meetings, and serve as City liaison on program
related activities.
2. Evaluate work performed to determine program’s progression and identify any issues that
may result in any delays.
3. Keep City abreast of program’s development and findings.
4. Market the CalHome Program to City Residents to include:
a. Website for HP CalHome
b. Social Media Posts
c. Potential Mailers or advertisings
d. Community Outreach events
LOAN SERVICING OF CALHOME LOANS
Yearly Servicing
A-2
1. Every year, Global will contact all existing loan recipients to:
a. Certify occupancy restrictions
b. Ensure payment of taxes has been done as required by the loan
c. Ensure property has the appropriate Fire Insurance (and flood insurance where
applicable)
Prepayment Processing
1. Although no payments are required under the CalHome Program, Global will process and
accept payments on behalf of the City in case a borrower wishes to make periodic
payments.
2. Accept and receive any payments from borrowers as required by the terms of their
individual loan.
Loan Change Requests
1. Review restriction on assumption of loans based on loan criteria
2. Administer all request for subordinations for refinancing of the first loan ensuring that the
refinance lowers the monthly cost
3. Monitor loans for loan default
4. Process loan foreclosures
a. Assist borrower, to cure the loan and provide guidance as to alternatives to
foreclosure
5. Process all payoff and reconveyance deed restrictions upon full payment of loans
FIRST TIME HOMEBUYER MORTAGE ASSISTANCE PROGRAM
Global Urban Strategies, Inc. (Global) on behalf of the City of Azusa shall administer the
CalHome program funds to operate a local First Time Homebuyer Mortage Assistance Program
and shall be responsible for the following activities and not limited to:
(a) Providing information and assistance to First-Time Homebuyers on obtaining maximum
amount of first Mortgage Financing pursuant to the underwriting requirements in Section 7731.
(b) Reviewing CalHome program required appraisals for property eligibility under value limits
established pursuant to Section 7731(b)(3). The appraised value shall not exceed these limits.
(d) Ensuring completion by each assisted Household of a Homebuyer Education class that meets
the requirements of Section 7722; and
(e) Originating, underwriting, packaging, and closing CalHome program Loans in accordance
with program requirements.
Underwriting Requirements
(a) GLOBAL shall develop and employ Mortgage Assistance Program Underwriting Guidelines
addressing the following underwriting topics:
A-3
(1) Establish Front- and Back-End Ratios used to qualify the Borrower.
(2) What criteria will determine the credit worthiness of the Borrower.
(3) Requirements for the first Mortgage:
(4) Financing subordinate to the CalHome program Loan
OWNER-OCCUPIED REHABILITATION PROGRAMS
Global Urban Strategies, Inc. (Global) on behalf of the City of Azusa shall administer the
CalHome program funds to operate a local Owner-Occupied Rehabilitation Program and shall be
responsible for the following activities and not limited to:
(a) Reviewing CalHome program required After-Rehabilitation appraisals for property eligibility
under value limits established in the current published NOFA.
(b) Originating, underwriting, packaging, and closing CalHome program Loans in accordance
with program requirements; and Department of Housing and Community Development 23 of 44
CalHome Program Guidelines
(c) Completion of Rehabilitation construction requirements pursuant to the Owner-occupied
Rehabilitation Program Guidelines required by Section 7735(a) of the CalHome Program.
Underwriting Requirements
(a) GLOBAL shall develop and employ Owner-Occupied Rehabiliation Underwriting Guidelines
B-1
EXHIBIT “B”
SCHEDULE OF SERVICES
The schedule of services and completion of the project shall be in compliance with the CalHome
Program Final Guidelines 2019 and any subsequent Amendments, CalHome Program Notice of
Funding Availability 2021 and any other requirement as required by the California Department of
Housing and Community Development. Program shall be fully implemented and grant funds shall
be expended no later than 36 months from the fully executed Standard Agreemetn between the
City of Azusa and the California Department of Housing and Community Development.
-1
EXHIBIT “C”
COMPENSATION
Grant administration services will be provided on an hourly basis in an amount of $160,000 on an
annual basis for a total contract amount not to exceed $480,000 and in compliance with the
CalHome Program Final Guidelines and any subsequent amendment. The total compensation for
the Project shall be for the performance of all work contemplated under this Agreement.
Completion of the Project Scope of Services will not exceed the budgeted sum of $480,000. If
nessesary, the term of the Agreement may be extended to fulfill all work contemplated in the
Agreement. Such time shall be paid from the budgeted sum.
• Senior Staff $130/HR
• Associate Staff $100/HR
• Graphic Design $100/75/HR
• Clerical $65/HR
• Mailing Fees Cost (Plus 15% Admin Fees)
• Binding Fees Cost (Plus 15% Admin Fees)
D-1
EXHIBIT “D”
CALHOME PROGRAM GUIDELINES & ANY SUBSEQUENT AMENDMENTS