HomeMy WebLinkAboutAgreement A-17-390 with Habitat for Humanity Fresno, Inc..pdf
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A G R E E M E N T
THIS AGREEMENT ("Agreement") is made this ______ day of _______________,
2017, by and between the COUNTY OF FRESNO, a political subdivision of the State of
California (hereinafter the "County") and Habitat for Humanity Fresno, Inc., a Domestic Non-
profit Corporation, whose mailing address is 4991 E. McKinley Suite 123, Fresno, California
93727, (hereinafter "Borrower").
WITNESSETH
WHEREAS, the County has been designated as a participating jurisdiction to administer
and implement the Federal HOME Investment Partnerships (HOME) Program activities of the
County in accordance with the Federal HOME regulations, and the laws of the State of
California; and
WHEREAS, Federal HOME regulations require the County set aside a minimum of
fifteen percent (15%) of the County’s annual HOME allocation for eligible housing activities that
will be owned, developed or sponsored by a qualified Community Housing Development
Organization (CHDO); and
WHEREAS, the County has determined that Borrower has met the requirements for
designation as a County-certified CHDO; and
WHEREAS, the general purpose of the HOME Program is to strengthen public-private
partnerships and to expand the supply of decent, safe, sanitary and affordable housing for very
low-income and low-income households; and
WHEREAS, Borrower, a County-certified CHDO and the developer of the proposed
Habitat Riverdale Development (hereinafter "Project"), has requested a HOME Program loan
not to exceed Three Hundred Ninety Thousand Dollars ($390,000) via the CHDO set aside
funds to assist with the construction of two (2) single family residences for low-income families
in Riverdale, California, an unincorporated area of the County of Fresno, which will be
restricted and affordable to very low and low-income persons. The Borrower also requests that
the HOME funds be used as a construction loan and secondary mortgage financing for eligible
homebuyers; and
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WHEREAS, the County has Three Hundred Ninety Thousand Dollars ($390,000)
available from its HOME funds to loan to the Borrower for the Project, which will be provided
firstly and primarily through the CHDO set-aside funds per the Federal HOME regulations; and
WHEREAS, the County has determined the Borrower has the capacity to develop the
Project and the Project has been determined to meet HOME requirements for funding; and
WHEREAS, the Project will increase the supply of affordable housing units in Fresno
County for households earning no more than eighty percent (80%) of the area median income
as reported annually by the U.S. Department of Housing and Urban Development (HUD); and
WHEREAS, the total estimated Project cost is Four Hundred and Seventy Eight
Thousand Dollars ($478,000), and the Borrower has or will obtain other funding commitments
apart from the County HOME loan to complete the financing for the Project; and
WHEREAS, the Project is consistent with the County's Consolidated Plan and the
County’s General Plan which promotes compact growth by directing most new urban
developments to incorporated cities and existing unincorporated urban communities where
there is infrastructure to accommodate the growth.
NOW, THEREFORE, in consideration of their promises as hereinafter set forth, the
Borrower and the County agree as follows:
I. PROJECT DESCRIPTION, LOCATION, BUILDING REQUIREMENTS AND
BUDGET
A. DESCRIPTION:
1. The Project consists of the development of two (2) single family
residences which shall be HOME-assisted and shall satisfy HOME occupancy requirements for
no less than the required HOME Period of Affordability. The Period of Affordability will be a
maximum of fifteen (15) years beginning on the date the Project is completed and closed in
HUD’s Integrated Disbursement & Information System (IDIS). The Project will consist of three
(3) and/or four (4) bedroom single family residences.
2. The Project will utilize a mutual self-help housing model in the
construction of the residences, whereby each homebuyer or volunteer will contribute labor in
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the construction of the residence. The Borrower shall maintain and provide to the County
records of actual hours spent by each volunteer in performing voluntary labor, which shall be
credited as sweat equity. Such records can be used as one of the methods to calculate
compliance with the HOME match requirement.
3. The Project will provide new housing units that will be affordable to
households earning no more than eighty percent (80%) of area median income for Fresno
County, as reported annually by HUD.
B. LOCATION:
The Project will be developed on two (2) individual lots that are part of an
approximately 16.14 acre site (the "Property") located along Wilda, Pendleton and Earl Streets,
east of Troutdale Lane and north of Stathem Street, in the unincorporated community of
Riverdale, California and will consist of two (2) single family residences.
C. BUILDING REQUIREMENTS:
1. All aspects of the building construction will meet or exceed the
County’s minimum building construction standards and the International Energy Conservation
Code, and must comply with all applicable local building codes.
2. Housing Quality Standards: The Project shall meet the requirements
of 24 CFR § 92.251 relating to property standards and all applicable local housing code
requirements for the duration of this Agreement, and any modifications or amendments or
successor agreements thereto.
D. BUDGET:
1. This Agreement does not provide the Borrower any legal claim to any
amount of HOME loan funds to be used for the specific Project at the site unless and until the
Property has received environmental clearance, received authorization from HUD to use grant
funds, and has met the other terms of this Agreement.
2. The total preliminary Project budget estimate is Four Hundred and
Seventy Eight Thousand Dollars ($478,000). The proposed work to be funded with County
HOME loan funds for the development of the two (2) single family residences is as follows:
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Expenses to be paid with HOME loan funds:
Construction Costs $390,000
TOTAL HOME loan funds $390,000
Notwithstanding the estimates described in the above preliminary Project budget,
disbursements for the Project from HOME loan funds will be based on the actual costs and
shall not exceed the total amount of Three Hundred Ninety Thousand Dollars ($390,000).
Disbursement of HOME funds is subject to approval and execution of loan, security, and
related documents acceptable to the County, in its sole discretion.
E. FUNDING:
1. Notwithstanding any other provision of this Agreement, the parties
hereto agree and acknowledge that this Agreement does not constitute a commitment of loan
funds or site approval, and that such "commitment of loan funds" or approval may occur only
upon satisfactory completion of the environmental review and receipt by the County of a
Release of Funds from the U.S. Department of Housing and Urban Development under 24
CFR § 58. In addition, no commitment of loan funds will be made until all requirements
contained in this Agreement or any other loan, security or other related documents are met by
the Borrower, as determined by the County. The parties further agree that the loan of any
funds to the Project is conditioned upon the County’s determination to proceed with, modify or
cancel the Project based on the results of the Project’s environmental review as specified in
Section III of this Agreement. The County will give written notification to the Borrower when
these requirements have been met.
2. Attachment A to this Agreement, which is incorporated herein by
reference, lists the potential funding sources and proposed funding amounts for the Project.
Notwithstanding the funding sources and amounts identified in Attachment A, disbursements
for the Project from HOME loan funds will be contingent upon reliable evidence acceptable to
the County in its sole discretion that the Borrower has obtained all funding necessary to meet
the total Project cost. In addition, the Borrower may not advertise or award the Project until the
County has received authorization from HUD to use the grant funds, as described in Section I,
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Part D-1.
F. CHANGES TO PROJECT:
The Borrower will give written notification to the County Department of
Public Works and Planning, Community Development Division of any event that changes the
scope of the Project and/or the funding sources. The Director of the Department of Public
Works and Planning, or his designee, at his discretion, is authorized to permit minor changes to
the scope of the Project and/or the funding sources, provided the Director or his designee
determines that such changes do not substantively alter the scope of the Project, the maximum
amount of HOME loan funds allocated to the Project or the Project’s eligibility under the
Federal HOME regulations, as more fully set forth in Section VII, Paragraph K of this
Agreement.
II. OBLIGATIONS OF THE COUNTY
A. FUNDING:
1. The County shall reserve up to, but not more than, Three Hundred
Ninety Thousand Dollars ($390,000) from the County's allocation of Federal HOME Program
funds for the Project. All funds will be paid to the Borrower, in accordance with Section VII,
Paragraph A of this Agreement, subject to the requirements of all applicable Federal and State
statutory and regulatory requirements. Notwithstanding changes in the funding sources and
amounts identified in Attachment A, disbursements for the Project from HOME Program funds
will be contingent upon the County’s receipt, review and approval of highly reliable evidence
acceptable to County in its sole discretion that the Borrower has obtained or will obtain all
funding to meet the Project development costs. Evidence may include, but not be limited to ,
funding commitments and/or loan documentation from other lenders.
2. The County, at its sole discretion, may accept any of the following as
repayment of HOME funds disbursed to the Borrower for construction of the Project; a) cash
payments from the Borrower; b) secondary financing security documents in the form of
promissory notes and deed of trusts to eligible homebuyers in aggregate of Three Hundred
Ninety Thousand Dollars ($390,000); or c) a combination of these security documents and cash
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payments from the Borrower in aggregate of Three Hundred Ninety Thousand Dollars
($390,000). The County also agrees in the case that the total development cost exceeds the
sales price the County will provide a development subsidy in the amount not to exceed
$124,123 toward the project which will reduce the amount owed on the loan. The Borrower
agrees to sell the homes for no less than the appraised value of the maximum sales price
allowed by all funders.
B. APPROVAL OF HOMEBUYERS:
The County shall review information provided by the Borrower to ensure the
selected homebuyers for the two (2) HOME-assisted single family residences meet the
County’s Homebuyer Assistance Program (HAP) requirements. The combined maximum
amount of the secondary loan assistance for the two (2) residences cannot exceed the Three
Hundred Ninety Thousand Dollars ($390,000) of HOME funds awarded to the Borrower. All
homebuyers must receive a secondary loan from the County. The County will provide to the
Borrower an approval letter that specifies the maximum amount of HOME subsidy available to
each homebuyer to aid in the purchase of a home. The Borrower must follow HUD’s Part 5
definition of annual income as defined in 24 CFR § 5.609 to determine initial eligibility. Each
eligible homebuyer is required to invest, of their own funds, a minimum of one and a half
percent (1.5%) of the home sales price (total development cost) towards the purchase of their
home. The County may choose to credit the value of sweat equity earned by each homebuyer
as part of this required homebuyer investment. The County requires each HAP applicant
attend a sixteen-hour homeownership course comprised of an eight-hour pre-purchase course
and an eight-hour maintenance course. The County may allow eligible homebuyers, who
purchase homes in the Habitat Riverdale Development, to credit their construction labor
experience as a substitute for the eight-hour maintenance course requirement.
C. LOAN DOCUMENTS:
1. Promissory Note: The County will prepare a Promissory Note for
execution by the Borrower ("Note") in a form and content acceptable to the County, in the
County’s sole discretion. Said Promissory Note will set forth the terms and conditions and plan
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for repayment of the Three Hundred Ninety Thousand Dollars ($390,000) HOME loan and
other fees or charges, including but not limited to liquidated damages, if applicable. HOME
loan funds shall be utilized to assist with the construction of two (2) affordable single family
residences. The Borrower shall provide a performance bond and a labor and materials
(payment) bond or other equivalent security instrument approved by the County, as security for
the Note.
2. Homebuyer’s Promissory Note: The County will prepare Promissory
Notes for execution by the each of the Project’s homebuyers (Homebuyer’s Note) in a form and
content acceptable to the County. Said Promissory Note will set forth the terms, conditions and
repayment of the secondary mortgage financing and will include affordability and residency
requirements. In addition to the Homebuyer’s Note, each secondary mortgage shall be
secured with a Deed of Trust recorded against the property. Each Homebuyer’s Note and
Deed of Trust will be executed concurrently upon the transfer of property ownership from the
Borrower to each individual homebuyer.
D. LABOR COMPLIANCE:
1. The County shall verify with the Labor Relations Division of HUD that
any contractor contracted for this Project has not been debarred or suspended from
participating in Federal projects in accordance with Section IV, Paragraph B-5 of this
Agreement. The County will provide Borrower with written notification that this requirement has
been met.
2. The County shall attend the pre-construction meeting between the
Borrower and any project or construction management company contracting with the Borrower
(whether those construction contractors are contracting directly with the Borrower or indirectly
through the Borrower’s project or construction management company) to discuss labor
compliance requirements for the Project, monitor Project records . The County may conduct
field reviews to ensure that labor compliance and other conditions of the contract have been
met.
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III. PROJECT SUBJECT TO ENVIRONMENTAL CLEARANCE and RELEASE OF
FUNDS
In accordance with Federal HOME regulations, the Borrower may not incur costs
to be paid with County HOME loan funds for this Project until the County notifies the Borrower
that it has received the Authorization to Use Grant Funds notice (i.e., release of funds) from
HUD. The County shall specify in a letter to the Borrower that such notice has been received.
Any costs incurred prior to the County’s written notification to Borrower that grant
funds may be released shall not be reimbursed from the County HOME loan funds and may
jeopardize use of County HOME funds for the Project.
IV. OBLIGATIONS OF THE BORROWER
A. FUNDING:
1. The Borrower hereby certifies the authenticity and accuracy of the
information provided to the County with regards to the fiscal soundness of the Borrower and
Borrower’s capacity to undertake the proposed Project. The Borrower further certifies that it
has examined the Project neighborhood market conditions and determined there is adequate
need for the Project.
2. The Borrower will provide any and all sums of money in excess of
Three Hundred Ninety Thousand Dollars ($390,000) that may be necessary to complete the
Project. Prior to disbursement of County HOME loan funds, the Borrower shall secure or
obtain firm commitments from other funding sources for any and all sums of money in excess
of Three Hundred Ninety Thousand Dollars ($390,000) that may be necessary to complete the
Project. The Borrower will provide evidence of such commitments of funds satisfactory to the
County, as specified in Section I, Paragraph E-2 of this Agreement. The failure to secure all
sums of money in excess of Three Hundred Ninety Thousand Dollars ($390,000) that may be
necessary to complete the Project, shall be deemed a material breach of this Agreement as
discussed in Section VII, Paragraph E of this Agreement.
3. Borrower, as the Developer of the Project, is responsible to acquire
financing for the Project’s construction, arrange for payment of construction costs, ensure the
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Project is built within plans and specifications, provide required insurance coverages, select
eligible homebuyers to build and purchase the two single-family residences and ensure those
homebuyers are able to acquire permanent financing.
4. Prior to any disbursement of funds, the Borrower shall provide to the
County file documentation for each selected homebuyer to include verification of such
homebuyer’s income eligibility, credit history and verification of income source(s). All selected
homebuyers must also meet the requirements for the County’s Homebuyer Assistance
Program.
5. The Borrower shall require that all documents with other lenders to the
Project include a clause stating that all Notice of Default statements be provided to the County
and any and all other interested parties, including all co-owners, all limited partners, and all
senior lenders of the Project; who shall all have thirty (30) days, or such longer applicable cure
period as set forth in the Promissory Note, to cure said default. During said cure period, the
County shall forebear from taking any action to perfect its default remedies.
6. The Borrower agrees to provide the County a summary of the total
Project expenses, within ninety (90) days of Borrower’s receipt of Certificates of Occupancy for
the two (2) residences, outlining the total development cost associated with Habitat Riverdale
Development. In the event the total Project cost is less than the current estimated total Project
cost of Four Hundred and Seventy Eight Thousand Dollars ($478,000), the Borrower will notify
the County of such saving. The County may at its sole discretion, reduce the County’s
contribution equal to the amount saved. If the County contribution is reduced, each individual
homebuyer’s amount of secondary financing will be reduced to reflect the actual development
cost for the residence. The repayment of the funds not provided as secondary financing must
be paid back to the County within ninety (90) days of Borrower’s receipt of the Certificate of
Occupancy.
7. The Borrower will provide to the County a final accounting of all funds
utilized for Project completion for the purpose of documenting matching funds to HUD (i.e.,
twenty-five percent (25%) of the County’s HOME loan) to the Project from other non-Federal
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sources in accordance with 24 CFR § 92.220. There is no matching funds requirement under
this project agreement.
B. DEVELOPMENT:
1. The Borrower is prohibited from undertaking or committing any funds
to physical or choice-limiting actions, including property acquisition, demolition, movement,
rehabilitation, conversion, repair or construction prior to the environmental clearance. A
violation of this provision will result in the denial of HOME loan funds under this Agreement.
2. For acquisition of raw land, prior to the execution of loan documents,
the Borrower will provide the County with a copy of the appraisal est ablishing the fair market
value of the land on which the Project is to be built. Such appraisal shall be performed by a
State certified real estate appraiser or other appraiser acceptable to the County.
3. The Borrower shall develop and construct the Project as new
construction single-family residences for households earning no more than eighty percent
(80%) of the Area Median Income (AMI) for Fresno County, as defined by HUD at time of initial
occupancy. Additionally, Borrower shall develop the Project in accordance with 24 CFR §
92.254, qualifications for affordable housing, home ownership projects. The sales price of each
home shall not exceed ninety five percent (95%) of the area median purchase price as
established annually by HUD. The Borrower will provide the County a copy of an appraisal
establishing the fair market value for each house after construction. Such appraisal shall be
performed by a state certified residential real estate appraiser. The Project will adhere to 24
CFR § 92.250, which requires that all residences not exceed the maximum subsidy amount per
unit as established under section 221(d)(3)(ii) of the National Housing Act. Additionally, the
County will perform a subsidy layering analysis of the Project for each selected homebuyer
prior to the commitment of HOME funds.
4. Prior to award of the construction contract, the Borrower will provide
the County an independent cost-estimate for the Project to determine cost-reasonableness in
order to obtain from the County written approval of the contractor, the award, amount of the
contract, and the final Project budget. Prior to the date the construction is to begin, the
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Borrower will provide both the contractor and the County with a copy of the Notice to Proceed.
5. Prior to award of contracts, the Borrower will furnish the name of each
contractor selected for the Project to the County so that the County can verify with the HUD
Labor Relations Division that the contractor has not been debarred or suspended from
participating in Federal projects.
6. To the extent contractors and/or subcontractors are utilized on this
Project, the Borrower will conduct outreach to minority- and women-owned business
enterprises (MWBE), and ensure that contractors/subcontractors are informed of the
requirements of Section 3 of the Housing and Urban Development Act of 1968 (hereinafter
"Section 3") applicable to the Project and are licensed in accordance with the regulations of the
Contractors State License Board.
7. The Borrower will conduct a pre-construction meeting with the
contractor and will notify the County at least five (5) working days prior to the meeting, so that a
representative of the County can be in attendance to discuss HOME labor compliance
requirements and the applicable Section 3 and MWBE policies for the Project. Attachment B to
this Agreement, which is incorporated herein by reference, provides the required Section 3
compliance forms to be provided by the County to the Borrower and the contractor to complete
and return to the County.
8. Prior to the start of construction, the Borrower will secure all required
permits from the County of Fresno. The Borrower will provide to the County copies of all such
permits.
9. The Borrower shall comply with the mitigation measures and
conditions identified in Environmental Assessment No. 6904, which is incorporated herein by
reference.
C. DISBURSEMENT:
1. The Borrower may not request disbursement of loan funds under this
Agreement until all conditions stated under Section III, Section IV, Section V and Section VI of
this Agreement have been satisfied. HOME loan funds will be distributed to the Borrower on a
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reimbursement basis for actual eligible costs.
D. LOAN DOCUMENTS:
1. Prior to execution of the County’s loan documents, the Borrower shall
submit for the County’s review all loan documents and related security documents, and any
and all other related documents, and any amendments thereto, including the required deed
restrictions from other funding sources.
2. The Borrower will select and use a title company acceptable to the
County for title work.
3. The Borrower will record a Notice of Completion and will provide the
County a copy of the Notice of Completion after recordation.
E. COMPLIANCE:
1. The Borrower will provide the County with copies of all potential
homebuyers to be approved for the purchase of a home for County’s review and approval.
2. The Borrower will comply with all Federal regulations (including, but
not limited to: 24 CFR Parts 91, 92 and 135) governing the use of HOME funds and 24 CFR
Parts 91 and 92, and specifically Sections 92.203 Income Determinations, 92.205 Eligible
Activities-General, 92.206 Eligible Project Costs, 92.207 Eligible Administrative and Planning
Costs, 92.214 Prohibited Activities, Sec. 92.250 Maximum Per-Unit Subsidy Amount and
Subsidy Layering, , 92.350 Other Federal Requirements and Nondiscrimination, 92.202, and
92.250 Fair Housing and Equal Opportunity, 92.351 Affirmative Marketing; Minority Outreach
Program, 92.353 Displacement, Relocation, and Acquisition, 92.356 Conflict of Interest, 92.503
Program Income, Repayments, and Recaptured Funds, 92.505 Applicability of Uniform
Administrative Requirements and 92.354 Labor Provisions; Borrower to comply with all
prevailing wage requirements, as they may apply. Borrower to provide access to all original
documents and provide copies as requested by the County and HUD.
V. CONFORMANCE WITH APPLICABLE LAWS AND REGULATIONS
The Borrower, its consultants, contractors, and subcontractors will comply with all
applicable State and Federal laws and regulations governing projects that utilize Federal funds.
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Whenever the Borrower uses the services of a contractor , realtor, or property
management company, either directly or indirectly, the Borrower shall require that the
contractor or property management company comply with all Federal, State and local laws,
ordinances, regulations, this Agreement and Fresno County Charter provisions applicable in
the performance of their work.
Because the Borrower will borrow at least One Hundred Thousand Dollars
($100,000) for the Project from the County’s HOME Program under this Agreement, the
Borrower will complete and submit to the County a "Certification for Contracts, Grants, Loans
and Cooperative Agreements" form and a "LLL-Disclosure of Lobbying Activities" form.
Likewise, before the Borrower awards a contract using at least One Hundred Thousand Dollars
($100,000) of such HOME loan funds, the Borrower will require the consultant and/or contractor
and all their sub-consultants and/or subcontractors to complete and submit the two (2) forms
described hereinabove to both the Borrower and the County.
VI. INSURANCE
Without limiting the County’s right to obtain indemnification from the Borrower or
any third parties, the Borrower, at its sole expense, will maintain in full force and affect the
following insurance policies throughout the term of this Agreement:
A. PROPERTY INSURANCE:
A policy of Property Insurance to the extent of not less than one hundred
percent (100%) of the actual full replacement cost (without depreciation) of all buildings and
improvements located on the Property, insuring against loss or damage by fire, extended
coverage perils and such other hazards, casualties or other contingencies (other than damage
from earthquakes) as from time to time may be reasonably required by the County of Fresno.
The Borrower will obtain endorsements to the Property Insurance naming
the County of Fresno, its officers, agents, and employees, individually and collectively, as
additional insured, but only insofar as the operations under this Agreement are concerned.
Such coverage for additional insured will apply as primary insurance and any other insurance,
or self-insurance, maintained by the County, its officers, agents and employees shall be excess
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only and not contributing with insurance provided under the Borrower’s policies herein. This
insurance shall not be cancelled or changed without a minimum of thirty (30) days advance
written notice given to the County.
B. COMMERCIAL GENERAL LIABILITY INSURANCE:
Commercial General Liability Insurance with limits of not less than One
Million Dollars ($1,000,000) per occurrence and an annual aggregate of Two Million Dollars
($2,000,000). This policy will be issued on a per occurrence basis. The County may require
specific coverage including completed operations, product liability, and contractual liability,
Explosion-Collapse-Underground, fire, extended coverage, legal liability or any other liability
insurance deemed necessary because of the nature of this Agreement.
The Borrower will obtain endorsements to the Commercial General Liability
Insurance, fire, and extended coverage, naming the County of Fresno, its officers, agents, and
employees, individually and collectively, as additional insured, but only insofar as the
operations under this Agreement are concerned. Such coverage for additional insured will
apply as primary insurance and any other insurance, or self-insurance, maintained by the
County, its officers, agents and employees shall be excess only and not contributing with
insurance provided under the Borrower’s policies herein. This insurance shall not be cancelled
or changed without a minimum of thirty (30) days advance written notice given to the County.
C. AUTOMOBILE LIABILITY INSURANCE:
Comprehensive Automobile Liability Insurance with limits for bodily injury of
not less than Two Hundred Fifty Thousand Dollars ($250,000) per person, Five Hundred
Thousand Dollars ($500,000) per accident and for property damages of not less than Fifty
Thousand Dollars ($50,000) or such coverage with a combined single limit of Five Hundred
Thousand Dollars ($500,000). Coverage should include owned and non-owned vehicles used
in connection with this Agreement.
D. PROFESSIONAL LIABILITY INSURANCE:
If the Borrower employs licensed professional staff (e.g., Ph.D., R.N.,
L.C.S.W., M.F.C.C., Engineer, Architect) in providing services, Professional Liability Insurance
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with limits of not less than One Million Dollars ($1,000,000) per occurrence, Two Million Dollars
($2,000,000) annual aggregate is required.
E. WORKER’S COMPENSATION INSURANCE:
A policy of Worker's Compensation Insurance as may be required by the
California Labor Code.
Within thirty (30) days of the date the Borrower signs this Agreement, the
Borrower will provide certificates of insurance and endorsement as stated above for all of the
listed policies, as required herein, to the County of Fresno, Community Development Division,
Affordable Housing Programs Manager, 2220 Tulare Street, 6th Floor, Fresno, CA 93721,
stating that such insurance coverages have been obtained and are in full force; that the County
of Fresno, its officers, agents and employees will not be responsible for any premiums on the
policies; that such Commercial General Liability Insurance names the County of Fresno, its
officers, agents and employees, individually and collectively, as additionally insured, but only
insofar as the operations under this Agreement are concerned; that such coverage for
additional insured shall apply as primary insurance and any other insurance, or self-insurance,
maintained by the County, its officers, agents and employees, shall be excess only and not
contributing with insurance provided under the Borrower’s policies herein; and that this
insurance shall not be cancelled or changed without a minimum of thirty (30) days advance,
written notice given to the County.
In the event the Borrower fails to keep in effect at all times insurance
coverage as herein provided, the County may, in addition to other remedies it may have,
suspend or terminate this Agreement upon the occurrence of such event.
All policies will be with admitted insurers licensed to do business in the State of California.
Insurance purchased will be purchased from companies possessing a current A.M. Best, Inc.
rating of A FSC VII or better.
F. BOND INSURANCE:
Borrower acknowledges as a condition of receiving County HOME funds
that the Borrower shall provide a performance bond and a labor and materials (payment) bond
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or other equivalent security instrument approved by the County, as security for the Note.
Borrower understands and acknowledges that the aforementioned
requirements are a condition precedent to Borrower’s receipt of any County HOME funds and
that Borrower’s failure to obtain a performance bond and/or a payment bond or other equivalent
security instrument approved by the County shall be considered a material breach of this
Agreement.
VII. GENERAL REQUIREMENTS AND POLICIES
A. LOAN DISBURSEMENT:
1. Amount: The total amount of HOME funds available to be loaned for
the Project shall not exceed the total sum of Three Hundred Ninety Thousand Dollars
($390,000).
2. Disbursement Requests
a. The Borrower will submit written requests to the County
for loan disbursements to pay actual costs incurred in the performance of this Agreement. Any
such request for disbursement from HOME loan funds will be accompanied by a written
certification from the Borrower that the request for disbursement is consistent with the amount
of work that has been completed and that to the best of the Borrower’s knowledge, the work is
in accordance with this Agreement.
b. Requests for disbursement shall be accompanied by
supporting documentation acceptable to the County detailing the items comprising the total
sought to be reimbursed, such as invoices or vouchers for services or materials purchased,
contractors’ costs or other costs chargeable to the Project. After appropriate review and
progress inspection, the County shall make disbursements to the Borrower from HOME loan
funds provided in this Agreement for all verified eligible costs specified herein. The Project’s
proposed disbursement schedule is provided in Attachment C to this Agreement, which is
incorporated herein by reference.
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c. All requests for disbursement and supporting
documentation shall be sent to:
Affordable Housing Programs Manager
Department of Public Works and Planning
Community Development Division
2220 Tulare Street, 6th Floor
Fresno, CA 93721
d. The County shall not be obligated to make any
disbursement of funds for the Project under this Agreement if the req uest for disbursement is
submitted by the Borrower more than sixty (60) days after the Notice of Completion has been
filed with the County Recorder’s Office. The Director of the Department of Public Works and
Planning, or his designee, prior to the deadline, may grant an extension to the sixty (60) day
period if the Borrower can demonstrate just cause for the delay.
3. All requests for disbursements will be processed via Special Run
check processing or a wire transfer as determined by the County and processed by the
County’s Auditor-Controller-Treasurer/Tax Collector ("ACTTC").
4. Outside Agreements: The County will not be bound by any agreement
between the Borrower and any of its partners, agents, employees or subcontractors. The
County will be bound only by the terms of this Agreement. It is understood and agreed by the
parties hereto that no third party beneficiary status or rights are created by or under this
Agreement and that no other person, firm, corporation, or entity shall be deemed a third party
beneficiary of this Agreement.
5. Generally Accepted Accounting Principles: The Borrower will establish
accounting and bookkeeping procedures in accordance with Generally Accepted Accounting
Principles (GAAP) and standard bookkeeping practices, including, but not limited to, employee
timecards, payrolls and other records of all transactions to be paid with HOME loan funds in
accordance with the performance of this Agreement. All records and accounts will be available
for inspection by the County, the State of California, the Federal government and if applicable,
the Comptroller General of the United States or any of their duly authorized representatives, at
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all reasonable times for a period of at least five (5) years following the term ination or expiration
of this Agreement or the closure of all other related pending matters, whichever is later. The
Borrower will certify accounts when required or requested by the County.
B. AUDITS:
The Borrower is required to comply with the provisions of the Single Audit
Act of 1984 (31 USC Sections 7501 et seq.), as amended. Whenever the Borrower receives
HOME loan funds from the County for a project, a copy of any audit performed by the Borrower
in accordance with said Act will be forwarded to the Affordable Housing Programs Manager
within nine (9) months of the end of any fiscal year in which loan funds were distributed,
borrowed, and/or outstanding for the Project. Failure to perform the requisite audit functions as
required by this paragraph may result in the County performing any necessary audit task or, at
the County's option, in the County contracting with a public accountant to perform the audit. All
audit costs related to the Borrower’s failure to perform the requisite audit are the sole
responsibility of the Borrower and such audit work costs incurred by the County shall be billed
to the Borrower as determined by the County’s ACTTC. The Borrower agrees to take prompt
and appropriate corrective action on any instance of material non-compliance with applicable
laws and regulations.
C. INDEMNIFICATION:
The Borrower will indemnify, save, hold harmless, and at the County’s
request, defend the County, its partners, officers, agents, and employees from and against any
and all costs and expenses, damages, liabilities, claims and losses whatsoever, occurring or
resulting to the County in connection with the performance, or failure to perform, by the
Borrower, its partners, officers, agents, employees, or any persons, firms, or corporations
furnishing or supplying work, services, materials, or supplies in connection with the
performance of this Agreement, and from any and all claims and losses occurring or resulting
to any person, firm, or corporation who may be injured or damaged, including damage, injury,
or death arising out of or connected with the performance, or failure to perform, of the
Borrower, its partners, officers, agents or employees under this Agreement.
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D. TIME OF PERFORMANCE:
1. The term of this Agreement will commence on the date upon which this
Agreement is executed by the County and will expire when the Period of Affordability ends
fifteen (15) years after the date the Project is completed and closed in IDIS, or when the loan of
Three Hundred Ninety Thousand Dollars ($390,000) and such other amounts, including but not
limited to liquidated damages, if applicable, as set forth in the Promissory Note, have been
repaid.
2. The Project as described in Section I of this Agreement will commence
on the day the Agreement is executed by the County and will be completed with construction
within twelve (12) months of the construction start date.
3. The following schedule shall apply to the Project:
a. Homebuyers secured by: October, 2017
b. All other funding sources secured by: October, 2017
c. Provide all necessary documents to execute loan
documents by: October, 2017
d. Begin Construction by: October, 2017
e. Record Notice of Completion by: May, 2018
4. The Borrower will give immediate written notification to the Director of
the County Department of Public Works and Planning, or his designee, of any events that
occur, which may affect the Project Schedule and completion date noted above, or any event
that may have significant impact upon the Project or affect the attainment of the Project's
objectives. The Project’s proposed schedule is provided in Attachment D to this Agreement,
which is incorporated herein by reference. The Director of the County Department of Public
Works and Planning, or his designee, is authorized to make adjustments in the Project
schedule if, in the Director's or his designee’s judgment, the delays are beyond the control of
the parties involved.
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E. BREACH OF AGREEMENT:
In the event the Borrower fails to comply with any of the terms of this
Agreement, the County may, at its option, deem the Borrower’s failure to be a material breach
of this Agreement and utilize any of the remedies set forth in 24 CFR § 85.43 or that it deems
appropriate. Should the County deem a breach of this Agreement to be a material breach; the
County will immediately be relieved of its obligations to make further loan disbursements as
provided herein. Termination of this Agreement due to breach will not, in any way whatsoever,
limit the rights of the County in seeking any other legal relief in a court of law or equity,
including the recovery of damages. In addition to the Agreement being terminated by the
County in accord with a material breach of this Agreement by the Borrower, the County in
accord with 24 CFR § 85.44 may also terminate this Agreement for convenience.
F. TERMINATION:
1. Non-Allocation of Funds: The terms of this Agreement, and the funds
provided thereunder, are contingent on the award and/or commitment of funds by HUD to the
County, and to the award and/or commitment of funds to the Project by the Sources of Funds
identified in Attachment A of this Agreement. Should HUD fail to award County funds, or
should the County determine in its sole discretion that sufficient funds have not been allocated
by other sources to complete the development of the two (2) single family residences
comprising the Project, the County may terminate this Agreement by giving the Borrower thirty
(30) days advance written notice, and the Borrower shall promptly repay to the County any and
all HOME loan funds previously paid, pursuant to all applicable laws and regulations.
2. Termination for Convenience: This Agreement may also be terminated
for convenience by the County or HUD in accordance to the requirements of 24 CFR § 85.44.
In addition, HUD has the ability to terminate this Agreement for convenience under 24 CFR §
85.44. In the event the County or HUD terminates this Agreement solely for convenience, the
Borrower promptly shall repay to the County any and all HOME loan funds, pursuant to all
applicable laws and regulations. However, in the event of termination, the County, at its sole
discretion, may negotiate with the Borrower alternate terms of repayment of HOME loan funds.
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3. For Cause: The County may elect to terminate this Agreement for
cause as set forth in Paragraph E of this Section VII.
G. VENUE; GOVERNING LAW :
Venue for any action arising out of or relating to this Agreement shall only be
in Fresno County, California. The rights and obligations of the parties and all interpretation and
performance of this Agreement shall be governed in all respects by the laws of the State of
California.
H. INDEPENDENT CONTRACTOR:
In performance of the work, duties, and obligations assumed by the
Borrower under this Agreement, it is mutually understood and agreed that the Borrower,
including any and all of the partners, officers, agents and employees, will at all times be acting
and performing as an independent contractor, and shall act in an independent capacity and not
as an officer, agent, servant, employee, joint venture, partner, or associate of the County.
Furthermore, the County shall have no right to control, supervise or direct the manner or
method by which the Borrower shall perform its work and function. However, the County shall
retain the right to administer this Agreement so as to verify that the Borrower is performing its
obligations in accordance with the terms and conditions thereof. The Borrower and the County
shall comply with all applicable provisions of law and the rules and regulations, if any, of
governmental authorities having jurisdiction over matters of the subject thereof.
Because of its status as an independent contractor, the Borrower shall have
absolutely no right to employment rights and benefits available to County employees. The
Borrower shall be solely liable and responsible for providing to, or on behalf of, its employees
all legally required employee benefits. In addition, the Borrower shall be solely responsible and
save the County harmless from all matters relating to payment of the Borrower’s employees,
including compliance with Social Security withholding, and all other laws and regulations
governing such matters. It is acknowledged that during the term of this Agreement, the
Borrower may be providing services to others unrelated to the County or to this Agreement.
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I. MODIFICATION:
Any matters of this Agreement may be modified from time to time by the
written consent of the parties without, in any way, affecting the remainder.
J. NON-ASSIGNMENT:
Neither party shall assign, transfer or sub-contract this Agreement nor their
rights or duties under this Agreement without the written consent of the other party. Any
transfer or assignment without the County’s prior consent shall be voidable and, at the County’s
sole discretion, shall constitute a material breach of this Agreement. No consent to any
assignment shall constitute a further waiver of the provisions of this Section.
K. AUTHORIZATION AND NOTICES:
1. County Authority: The Director of the County’s Department of Public
Works and Planning, or his duly authorized designee, at his discretion, is hereby authorized to
enter into and sign in the name of the County, all loan documents, security documents and
other related documents, and any amendments thereto, subject to the prior review and
approval of County Counsel and the Auditor-Controller/Treasurer-Tax Collector, as shall be
necessary for the purpose of developing the Project as described in Section I of this
Agreement. Additionally, in the County’s experience, changes in circumstances frequently
occur that require a quick response from the County, lest the project and/or its financing fail. In
such cases, where the County’s response is time-sensitive, the Director, or his duly authorized
designee, hereby is authorized, but not required, to consent to the following below-noted
matters in the name of the County, subject to the prior review and approval of County Counsel
and the Auditor-Controller/Treasurer-Tax Collector: (1) changes to Attachments to this
Agreement that do not alter the terms of the Agreement or substantively alter the scope of the
Project; (2) non-substantive changes to the scope of the Project, so long as the Director or his
designee determines that the Project remains eligible under the Federal HOME regulations; (3)
changes of funding sources from those specific other entities named in Attachment A, so long
as the Director or his designee determines that the Project remains eligible under the Federal
HOME regulations and this Agreement; (4) changes of the specific dollar amounts set forth in
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Attachment A coming from other entities, or the total thereof, provided the total monies coming
from the County under this Agreement does not increase and further provided that the Director
or his designee determines that the Project remains viable, is fully funded and eligible under
the Federal HOME regulations and this Agreement; (5) to sign subordination documents solely
in order to facilitate the placement of permanent financing, and only within the first two years
after the Notice of Completion is recorded; and (6) to terminate the Agreement if it has been
determined that the Borrower is not able to acquire the funds necessary to meet the terms
described in the Agreement.
2. Borrower Authority: The Executive Director/CEO of Habitat for
Humanity Fresno, Inc. has authority to enter into and sign this Agreement, and the loan,
security and all other related documents, and any amendments thereto on behalf of the
Borrower, as shall be necessary for the purpose of borrowing the funds to develop the Project
as described in Section I of this Agreement.
3. The persons and their addresses having authority to give and receive
notices under this Agreement include the following:
County:
County of Fresno
Department of Public Works and Planning
Community Development Division
Attention: Affordable Housing Programs Manager
2220 Tulare Street, 6th Floor
Fresno, CA 93721
Borrower:
Habitat for Humanity Fresno, Inc.
Attention: Executive Director/CEO
4991 E. McKinley, Suite 123
Fresno, CA 93727
L. ENTIRE AGREEMENT:
This Agreement constitutes the entire Agreement to date between the
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Borrower and the County with respect to the subject matter hereof and supersedes all previous
discussions, negotiations, proposals, commitments, writings, advertisements, publications and
understandings of any nature whatsoever unless expressly included in this Agreement.
M. EFFECTIVE DATE:
The effective date of this Agreement shall be the date upon which it is
executed by the County. The County shall place the day and month upon which it signs this
Agreement on Page 1 in the space provided.
N. DISCLOSURE OF SELF-DEALING TRANSACTIONS:
This provision is only applicable if the Borrower is operating as a corporation
(a for-profit or non-profit corporation) or if during the term of this Agreement, the Borrower
changes its status to operate as a corporation.
Members of the Borrower’s Board of Directors shall disclose any self-dealing
transactions that they are a party to while the Borrower is providing goods or performing
services under this Agreement. A self -dealing transaction shall mean a transaction to which
the Borrower is a party and in which one or more of its directors has a material financial
interest. Members of the Board of Directors shall disclose any self -dealing transactions that
they are a party to by completing and signing a Self-Dealing Transaction Disclosure Form
(Exhibit 1) and submitting it to the County prior to commencing with the self -dealing transaction
or immediately thereafter.
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EXHIBIT 1
SELF-DEALING TRANSACTION DISCLOSURE FORM
In order to conduct business with the County of Fresno (hereinafter refe rred to as "County"),
members of a contractor’s board of directors (hereinafter referred to as "County Contractor"),
must disclose any self-dealing transactions that they are a party to while providing goods,
performing services, or both for the County. A self-dealing transaction is defined below:
"A self-dealing transaction means a transaction to which the corporation is a party and in
which one or more of its directors has a material financial interest"
The definition above will be utilized for purposes of completing this disclosure form.
INSTRUCTIONS
(1) Enter board member’s name, job title (if applicable), and date this disclosure is
being made.
(2) Enter the board member’s company/agency name and address.
(3) Describe in detail the nature of the self -dealing transaction that is being
disclosed to the County. At a minimum, include a description of the following:
a. The name of the agency/company with which the corporation has the
transaction; and
b. The nature of the material financial interest in the Corporation’s tran saction that
the board member has.
(4) Describe in detail why the self -dealing transaction is appropriate based on
applicable provisions of the Corporations Code.
(5) Form must be signed by the board member that is involved in the self -dealing
transaction described in Sections (3) and (4).
(1) Company Board Member Information:
Name: Date:
Job Title:
(2) Company/Agency Name and Address:
(3) Disclosure (Please describe the nature of the self-dealing transaction you are a party to):
(4) Explain why this self-dealing transaction is consistent with the requirements of Corporations Code 5233 (a):
(5) Authorized Signature
Signature: Date:
B-1
ATTACHMENT A
Sources and Uses of Funds are anticipated as follows:
1. County of Fresno (HOME Loan Funds) $390,000
2. Self-Help Enterprises (Loan) 60,000
3. Habitat for Humanity Fresno, Inc. 28,000
__________________________________________________________________
Total Sources $478,000
Uses of Funds:
1. Land Cost $60,000
2. Construction Cost $418,000
___________________________________________________________________
Total Project Cost $478,000
B-2
ATTACHMENT B
SECTION 3 REQUIREMENTS
A. The work to be performed under this contract is subj ect to the requirements of
Section 3 of the Housing and Urban Development Act of 1968, as amended, 12
U.S.C 170lu ("Section 3"). The purpose of Section 3 is to ensure that employment
and other economic opportunities generated by HUD assistance or HUD-assisted
projects covered by Section 3, shall to the greatest extent feasible, be directed to
low- and very low-income persons, particularly persons who are recipients of HUD
assistance for housing.
B. The parties to this contract agree to comply with HUD’s regulations in 24 CFR Part
135, which implement Section 3. As evidenced by their execution of this contract,
the parties to this contract certify that they are under no contractual or other
impediment that would prevent them from complying with part 135 regulations.
C. The Contractor agrees to send to each labor organization or representative of
workers with which the Contractor has a collective bargaining agreement or other
understanding, if any, a notice advising the labor organization or workers’
representative of the Contractor’s commitments under this Section 3 clause, and will
post copies of the notice in conspicuous places at the work site where both
employees and applicants for training and employment positions can see the notice.
The notice shall describe the Section 3 preference, shall set forth minimum number
and job titles subject to hire, availability of apprenticeship and training positions, the
qualifications for each; and the name and location of the person(s) taking
applications for each of the positions, and the anticipated date the work shall begin.
D. The Contractor agrees to include this Section 3 clause in every subcontract subject
to compliance with regulations in 24 CFR part 135, and agrees to take appropriate
action, as provided in an applicable provision of the subcontract or in this Section 3
clause, upon a finding that the subcontractor is in violation of the regulations in 24
CFR part 135. The Contractor will not subcontract with any subcontractor where the
Contractor has notice or knowledge that the subcontractor has been found in
violation of the regulations in 24 CFR Part 135.
E. The Contractor will certify that any vacant employment positions, including training
positions, that are filled (1) after the Contractor is selected but before the contract is
executed, and (2) with persons other than those to whom the regulations of 24 CFR
part 135 require employment opportunities to be directed, were not filled to
circumvent the Contractor’s obligations under 24 CFR part 135.
F. Noncompliance with HUD’s regulations in 24 CFR Part 135 may result in sanctions,
termination of this contract for default, and debarment or suspension from future
HUD-assisted contracts.
B-3
SECTION 3 ASSURANCES
[FORM MUST BE COMPLETED AND SUBMITTED PRIOR TO AWARD]
I/We, the undersigned Name (representative), as official representative of _Contractor
Name_(Contractor) agree to comply with Section 3 requirements for the _Subject
Property__ (Project). It is understood that failure to comply may result in the following
sanctions: cancellation, termination, or suspension in whole or in part of this contract. A
copy of this executed form and the charts for hires and contractors will be provided to the
County along with any back up documentation requested prior to execution of contract.
Complete for Staffing:
A. How many new full time (permanent, temporary, seasonal) positions will be needed
on this project? _______________
B. How many new employment training positions will be created? _______________
C. If New Hires and Employment Training will take place, how many positions are
projected to be filled by local low income area residents? ___________(see goal
below).
If new hires or employment training are anticipated then Contractor must provide
copies of outreach efforts, any preferences given, and any actual Section 3 hires
completed. If there were no Section 3 residents hired or the goals were not met, then
an explanation of why this happened will be provided.
D. If new hires or training were made available, did Contractor reach 30% Section 3
goal/target? _______________
See attached chart with list of all New Hires / Transfers for this Project
Complete for construction subcontractors and non-construction contracts:
A. How many construction subcontractors will be utilized for this project? __________
B. Of these subcontractors, how many are Section 3 subcontractors? ________
1) Was the Section 3 Goal/target of 10% of project dollar amount reached? _______
C. How many non-construction contracts will be utilized? _________________
D. Of these, how many are Section 3 businesses? ___________________
1) Was the Section 3 Goal/target of 3% of project dollar amount reached?________
See attached chart with list of all Contractors hired for this Project
Authorized Signature _______________________________ Date:
B-4
Section 3 Resident Eligibility Certification
The U.S. Department of Housing and Urban Development (HUD) monitors our hiring
practices on Section 3-funded projects. It is important, therefore that the information below
be provided. Please be aware that your response, though needed, is voluntary and has
no effect on your employment status.
Because these questions are personal in nature, your answers will be treated with
confidentiality. Thank you for assisting us.
Sincerely,
Fresno County Community Development Division
1. Name: ____________________________________________________________
Address: __________________________________________________________
2. Number of individuals living in your household (include yourself):____________
3. Total annual household income (please CIRCLE one):
Household
Size 30% 50% 60% 65% 80% 100% 120%
1 $ 12,400 $ 20,650 $ 24,780 $ 26,810 $33,000 $41,250 $ 49,500
2 $ 14,150 $ 23,600 $ 28,320 $ 30,630 $37,700 $47,120 $ 56,550
3 $ 15,900 $ 26,550 $ 31,680 $ 34,450 $42,400 $53,000 $ 63,600
4 $ 17,650 $ 29,450 $ 35,340 $ 38,260 $47,100 $58,870 $ 70,650
5 $ 19,100 $ 31,850 $ 38,220 $ 41,350 $50,900 $63,620 $ 76,350
6 $ 20,500 $ 34,200 $ 41,040 $ 44,400 $54,650 $68,310 $ 81,970
7 $ 21,900 $ 36,550 $ 43,860 $ 47,490 $58,450 $73,060 $ 87,670
8 $ 23,300 $ 38,900 $ 46,680 $ 50,530 $62,200 $77,750 $ 93,300
4. Are you currently employed? __________ Yes __________ No
I certify that the statements made on this sheet are true, complete and correct to be best of
my knowledge and belief, and made in good faith.
Signature _______________________________ Date:
B-5
Section 3 Business Eligibility Certification
The U.S. Department of Housing and Urban Development (HUD) monitors our hiring
practices on Section 3-covered projects. It is important, therefore that the information
below be provided. Please be aware that your response, though needed, is voluntary and
has no effect on your contracting.
Your answers will be treated with confidentiality. Thank you for assisting us.
Sincerely,
Fresno County Community Development Division
Business Name: _______________________________________________________
Address: _____________________________________________________________
1. Are 51% of the business owners qualified Section 3 Residents? _________
If YES stop, if NO proceed.
2. Are at least 30% of the employees Section 3 Residents (or were they when they
started less three years ago)? _________
If YES then stop, if NO then proceed.
3. Will the business subcontract more than 25% of the proposed work under the contract
to business concerns that meet the qualification set forth in number 1 & 2 above?
_________
If YES stop, if NO proceed.
_____ We currently do not qualify as a Section 3 business
I certify that the statements made on this sheet are true, complete and correct to be best of
my knowledge and belief, and made in good faith.
Signature _______________________________ Date:
B-6
SECTION 3 Project Work Force Breakdown
Job
Category
Total
Positions Needed
for Project
No. Positions
Occupied by
Permanent
Employees
Number of
Positions not
Occupied
Number
of
Positions
filled
with
Section
3
residents
Supervisor
Professional
Technical
Office/Cleric.
Others
TRADE:
Journeyman
Apprentices
Trainees
Others
TRADE:
Journeyman
Apprentices
Trainees
Others
*Section 3 Resident:
Individual residing within the Section 3 Area Whose family income
does not exceed 80% of the median income in the Metropolitan
Statistical Area or the county if not within a MSA in which the Section
3 covered project is located. See attached income schedule.
Company
Project
Project Number
NOTE: This document must be submitted with bid documents.
Person Completing Form: Date:
B-7
SECTION 3 Contracts / Subcontracts Breakdown
Type of Contract
(Business or
Profession
Total
Number
Total Approx.
Dollar Amount
Estimated No. of
Contracts to
Section 3 Businesses
Estimated Dollar
Amount to Sec. 3
Businesses
NOTE: This document is to be submitted by the Contractor with
bid documents
Company
Project
Project Number
Person Completing Form: Date:
B-8
SECTION 3 BUSINESS UTILIZATION REPORT
Project No. : _______________ Total Dollar Amount of Contract: $ ____________________
Federal ID No. : ____________________ Address: _________________________________________
Name of Prime Contractor:
Name of Subcontractor
Sec 3
Y/N
Address/Telephone
Trade/Service
or Supply
Contract
Amount
Award Date
Competitive or
Negotiated Bid
Federal
Identification
No.
Total Dollar Amount Awarded to Section 3 Businesses:
$
Company
NOTE: This report must be completed and submitted by the
Contractor (monthly) with each payment request.
Project
Project Number
Date Person Completing Form
ATTACHMENT C
Project Disbursement Schedule
Draw
No. Percentage of Funds Date of
Disbursement
Maximum
Amount
Disbursed
Amount
Remaining
1. Deposit at escrow N/A $0 $390,000
2. First construction draw By October 2017 $75,000 $315,000
3. Second construction draw By November
2017 $75,000 $240,000
4. Third construction draw By January 2018 $75,000 $165,000
5. Fourth construction draw By March 2018 $75,000 $90,000
6. Final construction draw By May 2018 $90,000 $0
Total Amounts $390,000 $0
ATTACHMENT D
PROJECT TIMELINE
ACTION PROPOSED DATE
Site Control August 2017
All city Planning Approvals October 2017
Developer Application to County July 2017
Final loan docs to County September 2017
Building Permits October 2017
Purchase/Construction Loan Closing May 2018
Construction Start October 2017
Market Units July 2017
Construction Complete May 2018
Sale of Houses Complete August 2018
Permanent Loan Closing August 2018
G:\7205ComDev\~Agendas-Agreements\2017\0711_HabitatRiverdaleDevelopment_AGT.doc