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HomeMy WebLinkAboutGRC Associates, Inc. - 2010-02-01Council/Agency Meeting Held: 6 Deferred/Continued to: `2f.Ap roved ❑ ditio Ily Ap r ved ❑ Denied s City erk s Vgnature Council Meeting Date: 2/1/2010 Department ID Number: ED 10-06 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COU I MEMBERS SUBMITTED BY: FRED A. WILSON, CITY ADMINIST PREPARED BY: STANLEY SMALEWITZ, DIRECTOR CONOMIC DEVELOPMENT 0a SUBJECT: APPROVE CONTRACT WITH GRC ASSOCIATES, INC. Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: The City.Council is asked to approve a contract with GRC Associates, Inc. for administration of the City's Housing Rehabilitation Loan Program. Staff has completed the RFP process and recommends approval of the three-year professional services contract (Attachment 1) with GRC in the annual amount of $105,000. Funding Source: Community Development Block Grant (CDBG) funds are budgeted and available in account 85781015. Recommended Action: Motion to: 1. Approve the three-year contract with GRC Associates, Inc. in the annual amount of $105,000 for administration of the Housing Rehabilitation Loan Program. 2. Authorize execution of the contract by the Mayor and City Clerk. Alternative Action(s): Do not approve the contract with GRC and direct staff to propose an alternative management solution for the Housing Rehabilitation Loan Program. Analysis: The Housing Rehabilitation Loan Program provides loans to low and moderate - income Huntington Beach homeowners and owner of rental property where low-income families live. The program's objective is to provide low-cost financing to households who would otherwise have difficulty paying for necessary health and safety -related housing repairs. These loans are typically funded through the City's allocation of federal Community REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 2/1/2010 DEPARTMENT ID NUMBER: ED 10-06 Development Block Grant (CDBG) funds. The program's administrative costs are also generally paid with CDBG funds. In November of 2006, the City Council approved a three-year contract with GRC Associates, Inc. for the administration of the City's Housing Rehabilitation Loan Program. Before the contract ended in 2009, Staff issued a Request for Proposals (RFP) for administration of the City's Rehabilitation Loan Program. Proposals were received from five consulting firms. The proposals were thoroughly reviewed by an evaluation team comprised of five individuals with affordable housing, loan, building and construction experience. Based upon the team's final scoring of the proposals, GRC Associates was recommended as the most qualified consultant to administer the Housing Rehabilitation Loan Program. GRC was selected due to its experience administering housing rehabilitation loan programs, good references, reasonable price, immediate availability and Staffs satisfaction with current administration of the program. Under the proposed management contract, GRC will administer the following key functions of the City's loan program: marketing, customer service, application processing, eligibility underwriting, construction scope of work preparation, contractor bid solicitation, construction inspection, contractor payment processing, and loan payoff processing. GRC estimates that it can process and complete up to 24 loans per year. The City's existing loan servicing consultant, Westar Loan Servicing, will continue to collect ongoing incremental payments from borrowers in collaboration with GRC. Staff recommends approval of the proposed contract with GRC for administration of the Housing Rehabilitation Loan Program for the next three years. Strategic Plan Goal: Maintain and enhance public safety. Environmental Status: N/A Attachment(s): -3- 1 /21 /2010 5:12 PM � \ \\ ���������� �,»< � \�\ : � ;;:���� - - - �}© k� �\�`rm� ��>�, ... w . . .� ., . -\ \� } \���\; Jx� zw.v ��- . � , rz� ry� ,y � � . . , . , y< w d� >az � �. .a»md»:« � :» « : >�� � «� <« a« � » <«� « 2» » _< « y «�� .�. w« »a: � .z <>� ,� :� � � � . »� ««� � � 3«,w PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND GRC ASSOCIATES, INC FOR ADMINISTRATION OF THE HOUSING REHABILITATION LOAN PROGRAM THIS AGREEMENT, entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY", and GRC ASSOCIATES, INC., hereinafter referred to as "CONSULTANT". WHEREAS, CITY desires to engage the services of a CONSULTANT to administer the City of Huntington Beach Housing Rehabilitation Loan Program; and The CITY has applied for and received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, as amended (HCD Act), Public Law 93-383; and The CITY wishes to engage the CONSULTANT to assist the CITY in utilizing such funds; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: SCOPE OF SERVICES CONSULTANT shall provide all services as described in )Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "Project." In addition to the schedule of performance as described in Exhibit A, the CONSULTANT agrees to provide the following program service(s) schedule: Activity #1. Loan application intake, processing and underwriting services, as required. Activity #2. Rehabilitation Loan project management activities, including inspections, work specification writing, project coordination, payment authorization and processing, as required. Activity 43. Loan payoff / subordination processing database / loan portfolio and file management / activity reporting, as required. 09-2360/42190 The CITY will monitor the performance of the CONSULTANT against goals and performance standards as stated above. Substandard performance as determined by the CITY will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the CONSULTANT within a reasonable period of time after being notified by the CITY, contract suspension or termination procedures will be initiated. 2. STAFF DESIGNATION AND ASSISTANCE CONSULTANT hereby designates John Oshimo, President, who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. Any changes in the Key Personnel assigned or their general responsibilities under this project are subject to the prior approval of the CITY CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. TERM: TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence as soon as practicable after the execution of this Agreement by CITY (the "Commencement Date"). This Agreement shall expire on F,56-/, AD13, unless sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than three (3) years from the Commencement Date of this Agreement. These times may be extended with the written permission of CITY. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Section 1 and Exhibit "A." This schedule may be amended to benefit the Project if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. BUDGET Total $105,000.00 with an amount not to exceed Four Thousand Two Hundred Dollars ($4,200.00) per loan for: Activity #1. Loan application intake, processing and underwriting services, as required. Activity #2. Rehabilitation Loan Project Management Activities, including inspections, work specification writing, project coordination, payment authorization and processing, as required. Activi1 r3. Loan payoff / subordination processing database / loan portfolio and file management / activity reporting, as required. Any indirect costs charged must be consistent with the conditions of this Agreement. In addition, the CITY may require a more detailed budget breakdown than the one contained herein, and the CONSULTANT shall provide such supplementary budget information in a timely fashion in the form and content prescribed by the CITY. Any amendments to the budget must be approved in writing by both the CITY and the CONSULTANT. 09-2360/42190 2 CONSULTANT may request to provide and be compensated on a time and materials basis for additional, specific services on loan applications or loan assignments where special or extenuating circumstances exist but only after first obtaining CITY's approval to perform such additional services. 5. COMPENSATION It is expressly agreed and understood that the total amount to be paid by the CITY under this Agreement shall not exceed One Hundred Five Thousand Dollars ($105,000.00). Draw downs for the payment of eligible expenses shall be made against the line item budgets specified in Paragraph 4 herein and in accordance with performance. Expenses for general administration shall also be paid against the line item budgets specified in Paragraph 4 and in accordance with performance. Payments may be contingent upon certification of the CONSULTANT's financial management system in accordance with the standards specified in 24 CFR 84.21 (attached hereto). 6. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon Project completion, whichever shall occur first. These materials may be used by CITY as it sees fit. GENERAL COMPLIANCE WITH FEDERAL REQUIREMENTS The CONSULTANT agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG)) including subpart K of these regulations, except that (1) the CONSULTANT does not assume the recipient's environmental responsibilities described in 24 CFR 570.604 and (2) the CONSULTANT does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52 ("Intergovernmental Review of Federal Programs"), The CONSULTANT also agrees to comply with all other applicable federal, state and city laws, regulations, and policies governing the funds provided under this contract. The CONSULTANT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. SUSPENSION OR TERMINATION The CITY may suspend or terminate this Agreement if the CONSULTANT materially fails to comply with any terms of this Agreement, which include but are not limited to the following: A. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; 09-2360/42190 B. Failure, for any reason, of the CONSULTANT to fulfill in a timely and proper manner its obligations under this Agreement; C. Ineffective or improper use of funds provided under this Agreement; or D. Submission by the CONSULTANT to the CITY reports that are incorrect or incomplete in any material respect. This Agreement may also be terminated for convenience by either the CITY or the CONSULTANT, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, the CITY determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the CITY may terminate the award in its entirety. 9. ADMINISTRATIVE REQUIREMENTS The CONSULTANT agrees to comply with any applicable administrative requirements of 24 CFR 570.502 (attached hereto). Further, CONSULTANT agrees to comply with 24 CFR 84.21-28 (attached hereto) and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. A. Documentation and Record Keeping, Records to be Maintained The CONSULTANT shall maintain all records required by the Federal regulations necessary to document compliance with Subpart K of 24 CFR Part 570. 2. Retention The CONSULTANT shall retain all financial records, supporting documents, statistical records, and all other records pertinent to the Agreement for a period of four (4) years. The retention period begins on the date of the submission of the CITY's annual performance and evaluation report to HUD in which the activities assisted under the Agreement are reported on for the final time. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the four-year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the four-year period, whichever occurs later. Close-outs The CONSULTANT's obligation to the CITY shall not end until all close-out requirements are completed. Activities during this close-out period shall include, but are not limited to: making final payments, disposing of program assets (including the return 09-2360/42190 4 of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to the CITY), and determining the custodianship of records. Not withstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the CONSULTANT has control over CDBG funds, including program income. Audits & lnspections CONSULTANT's records with respect to any matters covered by this Agreement shall be made available to the CITY, grantor agency, and the Comptroller General of the United States or any of their authorized representatives, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the CONSULTANT within 30 days after receipt by the CONSULTANT. Failure of the CONSULTANT to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The CONSULTANT hereby agrees to have an annual agency audit conducted in accordance with current CITY policy concerning CONSULTANT audits and OMB Circular A-133. B. Reporting and Payment Procedures 1. Program Income The CONSULTANT shall report monthly all program income (as defined at 24 CFR 570.500(a)) generated by activities carried out with CDBG funds made available under this contract. The use of program income by the CONSULTANT shall comply with the requirements set forth at 24 CFR 570.504. By way of further limitations, the CONSULTANT may use such income during the contract period for activities permitted under this contract and shall reduce requests for additional funds by the amount of any such program income balances on hand. All unexpended program income shall be returned to the CITY at the end of the contract period. Any interest earned on cash advances from the U.S. Treasury and from funds held in a revolving fund account is not program income and shall be remitted promptly to the CITY. Indirect Costs If indirect costs are charged, the CONSULTANT will develop an indirect cost allocation plan for determining the appropriate CONSULTANT's share of administrative costs and shall submit such plan to the CITY for approval, in a form specified by the CITY. 3. Payment Procedures The CITY will pay to the CONSULTANT funds available under this Agreement based upon information submitted by the CONSULTANT and consistent with any approved budget and CITY policy concerning payments. With the exception of certain advances, payments will be made for eligible expenses actually incurred by the 09-2360/42190 5 CONSULTANT, and not to exceed actual cash requirements. Payments will be adjusted by the CITY in accordance with advance fund and program income balances available in CONSULTANT accounts. In addition, the CITY reserves the right to liquidate funds available under this contract for costs incurred by the CITY on behalf of the CONSULTANT. 4. Projuess Reports The CONSULTANT shall submit regular Progress Reports to the CITY in the form, content, and frequency as required by the CITY. Procurement a) Compliance The CONSULTANT shall comply with current CITY ordinances and policy concerning the purchase of equipment and shall maintain inventory records of all non -expendable personal property as defined by such ordinance or policy as may be procured with funds provided herein. All program assets (unexpended program income, property, equipment, etc.) shall revert to the CITY upon termination of this Agreement. b) OMB Standards Unless specified otherwise within this agreement, the CONSULTANT shall procure all materials, property, or services in accordance with the requirements of 24 CFR 84.40-48. c) Travel The CONSULTANT shall obtain written approval from the CITY for any travel outside the CITY limits with funds provided under this Agreement. 6. Use and Reversion of Assets The use and disposition of real property and equipment under this Agreement shall be in compliance with the requirements of 24 CFR Part 84 and 24 CFR 570.502, 570.503, and 570.504, as applicable, which include but are not limited to the following: a) The CONSULTANT shall transfer to the CITY any CDBG funds on hand and any accounts receivable attributable to the use of funds under this Agreement at the time of expiration, cancellation, or termination. b) Real property under the CONSULTANT's control that was acquired or improved, in whole or in part, with funds under this Agreement in excess of $25,000 shall be used to meet one of the CDBG National Objectives pursuant to 24 CFR 570.208 until five (5) years after expiration of this Agreement [or such longer period of time as the CITY deems appropriate]. If the 09-2360/42190 6 CONSULTANT fails to use CDBG-assisted real property in a manner that meets a CDBG National Objective for the prescribed period of time, the CONSULTANT shall pay the CITY an amount equal to the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Such payment shall constitute program income to the CITY. The CONSULTANT may retain real property acquired or improved under this Agreement after the expiration of the five-year period [or such longer period of time as the CITY deems appropriate]. c) In all cases in which equipment acquired, in whole or in part, with funds under this Agreement is sold, the proceeds shall be program income (prorated to reflect the extent to that funds received under this Agreement were used to acquire the equipment). Equipment not needed by the CONSULTANT for activities under this Agreement shall be (a) transferred to the CITY for the CDBG program or (b) retained after compensating the CITY [an amount equal to the current fair market value of the equipment less the percentage of non-CDBG funds used to acquire the equipment]. 10. FEDERAL PERSONNEL & PARTICIPANT CONDITIONS A Contracting Restrictions The CONSULTANT agrees to comply with all federal and state civil rights laws including, all nondiscrimination in employment and contracting as well as Section 109 of Title I of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. The CONSULTANT agrees to comply with all Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), which prohibits discrimination against the individuals with disabilities or handicaps in any Federally assisted program. The CITY shall provide the CONSULTANT with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement. B. Employment Restrictions The CONSULTANT is prohibited from using funds provided herein or personnel employed in the administration of the program for political activities; inherently religious activities; lobbying; political patronage; and nepotism activities. C. Labor Standard Restrictions The CONSULTANT agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis -Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. The CONSULTANT agrees to comply with the Copeland Anti -Kick Back 09-2360142190 7 Act (18 U.S.C. 874 et seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. The CONSULTANT shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the CITY for review upon request. The CONSULTANT agrees that, except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, all contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair work financed in whole or in part with assistance provided under this contract, shall comply with Federal requirements adopted by the CITY pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the CONSULTANT of its obligation, if any, to require payment of the higher wage. The CONSULTANT shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph. D. "Section 3" Clause Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance provided under this contract and binding upon the CITY, the CONSULTANT and any of the CONSULTANT's Consultants and subcontractors. Failure to fulfill these requirements shall subject the CITY, the CONSULTANT and any of the CONSULTANT's Consultants and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The CONSULTANT certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. The CONSULTANT further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located." CONSULTANT further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead - based paint hazards), housing construction, or other public construction project are given to low - and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to 09-2360/42190 low- and very low-income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs. The CONSULTANT certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. F. Assignability The CONSULTANT shall not assign or transfer any interest in this Agreement without the prior written consent of the CITY thereto; provided, however, that claims for money due or to become due to the CONSULTANT from the CITY under this contract may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the CITY. 1. Approvals The CONSULTANT shall not enter into any subcontracts with any agency or individual in the performance of this contract without the written consent of the CITY prior to the execution of such agreement. 2. Monitorina The CONSULTANT will monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. Content The CONSULTANT shall cause all of the provisions of this contract in its entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. 4. Selection Process The CONSULTANT shall undertake to insure that all subcontracts let in the performance of this Agreement shall be awarded on a fair and open competition basis in accordance with applicable procurement requirements. Executed copies of all subcontracts shall be forwarded to the CITY along with documentation concerning the selection process. 09-2360/42190 9 G. Political Activities The CONSULTANT agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C. H. Conflict of Interest The CONSULTANT agrees to abide by the provisions of 24 CFR 84.42 and 570.611, which include but are not limited to the following: 1. The CONSULTANT shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by Federal funds. 2. No employee, officer or agent of the CONSULTANT shall participate in the selection, or in the ,award, or administration of, a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. 3. No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in a decision -making process or gain inside information with regard to such activities, may obtain a financial interest in any contract, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, or with respect to the proceeds from the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a "covered person" includes any person who is an employee, agent, CONSULTANT, officer, or elected or appointed official of the CITY, the CONSULTANT, or any designated public agency. Lobbying The CONSULTANT hereby certifies that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and 09-2360/42190 10 3. It will require that the language of paragraph (d) of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Consultants shall certify and disclose accordingly. Initials This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S.C. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 11. RELIGIOUS ACTIVITIES The CONSULTANT agrees that funds provided under this Agreement will not be utilized for inherently religious activities prohibited by 24 CFR 570.2000), such as worship, religious instruction, or proselytization. 12. HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 13. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above -mentioned insurance shall not contain a self -insured retention, "deductible" or any other similar form of limitation on the required coverage except with the express written consent of CITY. A claims -made policy shall be acceptable if the policy fiirther provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). 09-2360/42190 11 B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following project completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. 14. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the mane and policy number of each carrier and policy; B. state that the policy is currently in force; and C. promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 15. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the Project and/or the services to be performed hereunder. 16. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 17. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any 09-2360/42190 12 financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 18. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: City of Huntington Beach ATTN: Director of Economic Development 2000 Main Street Huntington Beach, CA 92648 19. CONSENT TO CONSULTANT: GRC Associates, Inc. Attn: John Oshimo, President actti�.t Lvuicresv� vcv: �v✓ &V/Nk) C4- `7/;`2 y When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 20. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 21. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 22. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and 09-2360/42190 13 provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 23. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 24. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 25. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the CITY Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 26. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non -prevailing party. 27. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 28. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 09-2360/42190 14 29. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 30. EFFECTIVE DATE IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. This Agreement shall be effective on the date of its approval by the City Council. This Agreement shall expire when terminated as provided herein. GRC ASSOCIATES, INC. 11 �/otia/ A/ _ print name ITS: (circle one) Chairm esiden ice President am By: print nam ITS: (circle on Secretary/ hief Financial Officer/Asst. Secretary — Trepsurer CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California INITIATED OD ROVED: Director of Econ is Development REVIE APPROVED: APPROVED AS TO FORM: City finis ator City ttorney 000 09-2360/42190 15 CFR ATTACHMENT §84.24 Program income. (a) HUD shall apply the standards set forth in this section in requiring recipient organizations to account for program income related to projects financed in whole or in part with Federal funds. (b) Except as provided in paragraph (h) of this section, program income earned during the project period shall be retained by the recipient and, in accordance with HUD regulations or the terms and conditions of the award, shall be used in one or more of the ways listed in the following. (1) Added to funds committed to the project by HUD and recipient and used to further eligible project or program objectives. (2) Used to finance the non -Federal share of the project or program. (3) Deducted from the total project or program allowable cost in determining the net allowable costs on which the Federal share of costs is based. (c) When HUD authorizes the disposition of program income as described in paragraphs (b)(1) or (b)(2) of this section, program income in excess of any limits stipulated shall be used in accordance with paragraph (b)(3) of this section. (d) In the event that HUD does not specify in its regulations or the terms and conditions of the award how program income is to be used, paragraph (b)(3) of this section shall apply automatically to all projects or programs except research. For awards that support research, paragraph (b)(1) of this section shall apply automatically unless HUD indicates in the terms and conditions another alternative on the award or the recipient is subject to special award conditions, as indicated in §84.14. (e) Unless HUD regulations or the terms and conditions of the award provide otherwise, recipients shall have no obligation to the Federal Government regarding program income earned after the end of the project period. (f) If authorized by HUD regulations or the terms and conditions of the award, costs incident to the generation of program income may be deducted from gross income to determine program income, provided these costs have not been charged to the award. (g) Proceeds from the sale of property shall be handled in accordance with the requirements of the Property Standards (See §§84.30 through 84.37). (h) Unless HUD regulations or the terms and condition of the award provide otherwise, recipients shall have no obligation to the Federal Government with respect to program income earned from license fees and royalties for copyrighted material, patents, patent applications, trademarks, and inventions produced under an award. However, Patent and Trademark Amendments (35 U.S.C. 18) apply to inventions made under an experimental, developmental, or research award. 06-435/3653 1 §84.25 Revision of budget and program plans. (a) The budget plan is the financial expression of the project or program as approved during the award process. It may include either the Federal and non -Federal share, or only the Federal share, depending upon HUD requirements. It shall be related to performance for program evaluation purposes whenever appropriate. (b) Recipients are required to report deviations from budget and program plans, and request prior approvals for budget and program plan revisions, in accordance with this section. (c) For nonconstruction awards, recipients shall request prior approvals from HUD for one or more of the following program or budget related reasons. (1) Change in the scope or the objective of the project or program (even if there is no associated budget revision requiring prior written approval). (2) Change in a key person specified in the application or award document. (3) The absence for more than three months, or a 25 percent reduction in time devoted to the project, by the approved project director or principal investigator. (4) The need for additional Federal funding. (5) The transfer of amounts budgeted for indirect costs to absorb increases in direct costs, or vice versa, if approval is required by HUD. (6) The inclusion, unless waived by HUD, of costs that require prior approval in accordance with OMB Circular A-21, "Cost Principles for Institutions of Higher Education," OMB Circular A-122, "Cost Principles for Non -Profit Organizations," or 45 CFR part 74 Appendix E, "Principles for Determining Costs Applicable to Research and Development under Grants and Contracts with Hospitals," or 48 CFR part 31, "Contract Cost Principles and Procedures," as applicable. (7) The transfer of funds allotted for training allowances (direct payment to trainees) to other categories of expense. (8) Unless described in the application and funded in the approved awards, the subaward, transfer or contracting out of any work under an award. This provision does not apply to the purchase of supplies, material, equipment or general support services. (d) No other prior approval requirements for specific items, may be imposed unless a deviation has been approved by OMB. (e) Except for requirements listed in paragraphs (c)(1) and (c)(4) of this section, HUD is authorized, at its option, to waive cost -related and administrative prior written approvals required by Circular A-110 and OMB Circulars A-21 and A-122. Such waivers may include authorizing recipients to do any one or more of the following. (1) Incur pre -award costs 90 calendar days prior to award or more than 90 calendar days with the prior approval of HUD. All pre -award costs are incurred at the recipient's 06-435/3653 11 risk (i.e., HUD is under no obligation to reimburse such costs if for any reason the recipient does not receive an award or if the award is less than anticipated and inadequate to cover such costs). (2) Initiate a one-time extension of the expiration date of the award of up to 12 months unless one or more of the following conditions apply. For one-time extensions, the recipient must notify HUD in writing with the supporting reasons and revised expiration date at least 10 days before the expiration date specified in the award. This one-time extension may not be exercised merely for the purpose of using unobligated balances. (i) The terms and conditions of award prohibit the extension. (ii) The extension requires additional Federal funds. (iii) The extension involves any change in the approved objectives or scope of the project. (3) Carry forward unobligated balances to subsequent funding periods. (4) For awards that support research, unless HUD provides otherwise in HUD's regulations, the prior approval requirements described in paragraph (e) of this section are automatically waived (i.e., recipients need not obtain such prior approvals) unless one of the conditions included in paragraph (e)(2) of this section applies. (0 HUD may, at its option, restrict the transfer of funds among direct cost categories or programs, functions and activities for awards in which the Federal share of the project exceeds $100,000 and the cumulative amount of such transfers exceeds or is expected to exceed 10 percent of the total budget as last approved by HUD. HUD shall not permit a transfer that would cause any Federal appropriation or part thereof to be used for purposes other than those consistent with the original intent of the appropriation. (g) All other changes to nonconstruction budgets, except for the changes described in paragraph 0) of this section, do not require prior approval. (h) For construction awards, recipients shall request prior written approval promptly from HUD for budget revisions whenever paragraphs (h)(1), (h)(2) or (h)(3) of this section apply. (1) The revision results from changes in the scope or the objective of the project or program. (2) The need arises for additional Federal funds to complete the project. (3) A revision is desired which involves specific costs for which prior written approval requirements may be imposed consistent with applicable OMB cost principles listed in §84.27. (i) No other prior approval requirements for specific items may be imposed unless a deviation has been approved by OMB. 06-435/3653 111 0) When HUD makes an award that provides support for both construction and nonconstruction work, HUD may require the recipient to request prior approval from HUD before making any fund or budget transfers between the two types of work supported. (k) For both construction and nonconstruction awards, HUD shall require recipients to notify HUD in writing promptly whenever the amount of Federal authorized funds is expected to exceed the needs of the recipient for the project period by more than $5000 or five percent of the Federal award, whichever is greater. This notification shall not be required if an application for additional funding is submitted for a continuation award. (1) When requesting approval for budget revisions, recipients shall use the budget forms that were used in the application unless HUD indicates a letter of request suffices. (m) Within 30 calendar days from the date of receipt of the request for budget revisions, HUD shall review the request and notify the recipient whether the budget revisions have been approved. If the revision is still under consideration at the end of 30 calendar days, HUD shall inform the recipient in writing of the date when the recipient may expect the decision. §84.26 Non -Federal audits. (a) Recipients and subrecipients that are institutions of higher education or other non- profit organization (including hospitals) shall be subject to the audit requirements contained in the Single Audit Act Amendments of 1996 (31 U.S.C. 7501-7507) and revised OMB Circular A-133, "Audits of States, Local Governments, and Non -Profit Organizations." (1) Non-profit organizations subject to regulations in the part 200 and part 800 series of this title which receive awards subject to part 84 shall comply with the audit requirements of revised OMB Circular A-133, "Audits of States, Local Governments, and Non -Profit Organizations." For HUD programs, a non-profit organization is the mortgagor or owner (as these terms are defined in the regulations in the part 200 and part 800 series) and not a related or affiliated organization or entity. (2) [Reserved] (b) State and local governments shall be subject to the audit requirements contained in the Single Audit Act Amendments of 1996 (31 U.S.C. 7501-7507) and revised OMB Circular A-133, "Audits of States, Local Governments, and Non -Profit Organizations." (c) For -profit hospitals not covered by the audit provisions of revised OMB Circular A- 133 shall be subject to the audit requirements of the Federal awarding agencies. (d) Commercial organizations shall be subject to the audit requirements of HUD or the prime recipient as incorporated into the award document. [59 FR 47011, Sept. 13, 1994, as amended at 62 FR 61617, Nov. 18, 1997] 06435/3653 iv §84.27 Allowable costs. For each kind of recipient, there is a set of Federal principles for determining allowable costs. Allowability of costs shall be determined in accordance with the cost principles applicable to the entity incurring the costs. Thus, allowability of costs incurred by State, local or federally -recognized Indian tribal governments is determined in accordance with the provisions of OMB Circular A-87, "Cost Principles for State and Local Governments." The allowability of costs incurred by non-profit organizations is determined in accordance with the provisions of OMB Circular A-122, "Cost Principles for Non -Profit Organizations." The allowability of costs incurred by institutions of higher education is determined in accordance with the provisions of OMB Circular A-21, "Cost Principles for Educational Institutions." The allowability of costs incurred by hospitals is determined in accordance with the provisions of Appendix E of 45 CFR part 74, "Principles for Determining Costs Applicable to Research and Development Under Grants and Contracts with Hospitals." The allowability of costs incurred by commercial organizations and those non-profit organizations listed in Attachment C to Circular A- 122 is determined in accordance with the provisions of the Federal Acquisition Regulation (FAR) at 48 CFR part 31. §84.28 Period of availability of funds. Where a funding period is specified, a recipient may charge to the grant only allowable costs resulting from obligations incurred during the funding period and any pre -award costs authorized by HUD. §570.502 Applicability of uniform administrative requirements. (a) Recipients and subrecipients that are governmental entities (including public agencies) shall comply with the requirements and standards of OMB Circular No. A-87, "Cost Principles for State, Local, and Indian Tribal Governments"; OMB Circular A-128, "Audits of State and Local Governments" (implemented at 24 CFR part 44); and with the following sections of 24 CFR part 85 "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments" or the related CDBG provision, as specified in this paragraph: (1) Section 85.3, "Definitions"; (2) Section 85.6, "Exceptions"; (3) Section 85.12, "Special grant or subgrant conditions for `high -risk' grantees"; (4) Section 85.20, "Standards for financial management systems," except paragraph (a); (5) Section 85.21, "Payment," except as modified by §570.513; (6) Section 85.22, "Allowable costs"; (7) Section 85.26, "Non-federal audits"; 06-43513653 V (8) Section 85.32, "Equipment," except in all cases in which the equipment is sold, the proceeds shall be program income; (9) Section 85.33, "Supplies"; (10) Section 85.34, "Copyrights"; (11) Section 85.35, "Subawards to debarred and suspended parties"; (12) Section 85.36, "Procurement," except paragraph (a); (13) Section 85.37, "Subgrants"; (14) Section 85.40, "Monitoring and reporting program performance," except paragraphs (b) through (d) and paragraph (f); (15) Section 85.41, "Financial reporting," except paragraphs (a), (b), and (e); (16) Section 85.42, "Retention and access requirements for records," except that the period shall be four years; (17) Section 85.43, "Enforcement'; (18) Section 85.44, "Termination for convenience"; (19) Section 85.51 "Later disallowances and adjustments" and (20) Section 85.52, "Collection of amounts due." (b) Subrecipients, except subrecipients that are governmental entities, shall comply with the requirements and standards of OMB Circular No. A-122, "Cost Principles for Non- profit Organizations," or OMB Circular No. A-21, "Cost Principles for Educational Institutions," as applicable, and OMB Circular A-133, "Audits of Institutions of Higher Education and Other Nonprofit Institutions" (as set forth in 24 CFR part 45). Audits shall be conducted annually. Such subrecipients shall also comply with the following provisions of the Uniform Administrative requirements of OMB Circular A-110 (implemented at 24 CFR part 84, "Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals and Other Non -Profit Organizations") or the related CDBG provision, as specified in this paragraph: (1) Subpart A —"General; (2) Subpart B—"Pre-Award Requirements," except for §84.12, "Forms for Applying for Federal Assistance"; (3) Subpart C—"Post-Award Requirements," except for: (i) Section 84.22, "Payment Requirements." Grantees shall follow the standards of §§85.20(b)(7) and 85.21 in making payments to subrecipients; (ii) Section 84.23, "Cost Sharing and Matching"; 06-435/3653 V1 (iii) Section 84.24, "Program Income." In lieu of §84.24, CDBG subrecipients shall follow §570.504; (iv) Section 84.25, "Revision of Budget and Program Plans"; (v) Section 84.32, "Real Property." In lieu of §84.32, CDBG subrecipients shall follow §570.505; (vi) Section 84.34(g), "Equipment." In lieu of the disposition provisions of §84.34(g), the following applies: (A) In all cases in which equipment is sold, the proceeds shall be program income (prorated to reflect the extent to which CDBG funds were used to acquire the equipment); and (B) Equipment not needed by the subrecipient for CDBG activities shall be transferred to the recipient for the CDBG program or shall be retained after compensating the recipient; (vii) Section 84.51 (b), (c), (d), (e), (f), (g), and (h), "Monitoring and Reporting Program Performance"; (viii) Section 84.52, "Financial Reporting'; (ix) Section 84.53(b), "Retention and access requirements for records." Section 84.53(b) applies with the following exceptions: (A) The retention period referenced in §84.53(b) pertaining to individual CDBG activities shall be four years; and (B) The retention period starts from the date of submission of the annual performance and evaluation report, as prescribed in 24 CFR 91.520, in which the specific activity is reported on for the final time rather than from the date of submission of the final expenditure report for the award; (x) Section 84.61, "Termination." In lieu of the provisions of §84.61, CDBG subrecipients shall comply with §570.503(b)(7); and (4) Subpart D—"After-the-Award Requirements," except for §84.71, "Closeout Procedures." [53 FR 8058, Mar. 11, 1988, as amended at 60 FR 1916, Jan. 5, 1995; 60 FR 56915, Nov. 9, 1995] END OF ATTACHMENT PAGES 06435/3653 Vll EXHIBIT "A" November 24, 2009 ECONOMIC DEVELOPMENT Mr. Sidney Stone Housing Manager REDEVELOPMENT City of Huntington Beach REAL ESTATE CONSULTING 2000 Main Street Huntington Beach, CA 92648 AFFORDABLE HOUSING RE: Huntington Beach Housing Rehabilitation Loan Program Proposal ost Revision Dear Mr. Stone: We appreciate the opportunity to discuss GRC's proposal on the Huntington Beach Housing Rehabilitation Loan Program. As discussed, GRC is revising the fee proposal from a not -to -exceed fee of $4,900 to $4,200 per loan. All team members and services identified in GRC's proposal submitted on October 23, 2009 shall remain the same. We look forward to continuing our work with the City of Huntington Beach on this program. If you have any questions or require additional information please contact me at (626) 331-6373. Respectfully submitted, John N. Oshimo 858 OAK PARK ROAD President SUITE 280 COVINA, CA 91724 T: (626) 331 - 6373 F: (626) 331 - 6375 Consulting Activities Prepared for: City of Huntington Beach October 23, 2009 Prepared by: GRC Associates, Inc. 858 Oak Park Road, Suite 280 Covina, CA 91724 GRC AsSOCIA,TES, INC. • 111*400001,131 I. BACKGROUND......................................................1 II. SCOPE OF WORK.................................................3 I11. GRC PROJECT TEAM ........................................... 7 IV. QUALIFICATIONS................................................13 V. FEE PROPOSAL..................................................16 Huntington Beach Rehabilitation Loan Program GRC ASSOCIATES, INC. GRC Associates, Inc. ("GRC") is pleased to continue to offer its skilled and experienced team in administering the City of Huntington Beach's Housing Rehabilitation Loan Program ("RLP"). This program provides low -interest home repair loan or emergency loan to eligible Huntington Beach homeowners. Over the last three years, GRC Associates, Inc. ("GRC") has assisted the City in the administration of the RLP. GRC has built excellent relationships with residents, contractors, City Planning and Building and Safety. During this three-year period, over 68 applications were reviewed, 57 applicants were determined eligible and 50 have been approved by the City to receive the loan (as of October 2009). Recipients of loans or grants have included owners of single-family and mobile homes and the funds have been used to upgrade their homes to meet health and safety standards. A few loan applicants or "special needs" required additional funds and attention. As RLP loan -administrators, GRC processed the applications and loans according to the City and Community Development Block Grant (CDBG) guidelines. GRC will continue to work diligently in assisting applicants through the RLP process with minimal supervision from City staff. Though, GRC will regularly keeps the City abreast of the program's progress and represent the City throughout the program. The City of Huntington Beach values customer service and GRC will be responsible to take every step necessary to ensure that applicants are well served. Many satisfied homeowners have referred friends and neighbors to this program. An important part of the RLP is to ensure that the construction improvements meet all building standards and the satisfaction of the homeowner. GRC's project management and construction manager have over 20 years of experience that enable them to quickly inspect the improvements and identify and correct any construction -related issues. Additionally, as a publicly -funded program, it is critical that all loan documents and disclosures (i.e., deeds of trust, credit reports, promissory notes) be processed, documented, and carefully filed to pass any federal audit. GRC has worked with multiple cities on housing projects similar to the requirements of the City of Huntington Beach RLP. Huntington Beach Rehabilitation Loan Program GRC ASSOCIATES, INC. In summary, GRC has provided loan service for the City and customer service to the homeowners. The team is experience in the processing of loans, construction management and satisfying the homeowner. Our goal over the next year, if GRC is selected again, is to approve at least 20 loans per year. Huntington Beach Rehabilitation Loan Program GiZC ASSOCIATES, INC. The proposed Scope of Services will be completed on time within the timeframe established by the City. GRC proposes to provide staffing and other resources necessary for the implementation of the RLP. Task 1: Project Management and Coordination At the start of the RLP, GRC will meet and work with City staff in establishing a work strategy that will best achieve the goals of the program. GRC will continue to administer the RLP from its office in Covina; however, the team will be available to meet with City staff whenever necessary. In addition, GRC currently has an RLP phone line that is monitored daily and callers are immediately contacted to answer any questions or requests. GRC recommends good coordination with City staff. We propose a meeting with the City project manager once every four months to evaluate the progress of the program and adjust the process, if necessary. Additionally, a monthly progress report will be submitted to the City that identifies new and existing applicants, as well as, tasks completed during the month, percent completed and potential issues. These will be provided with the monthly invoice. Monthly invoices shall be submitted according to completed mile stones per loan; for example, completing loan eligibility (10% of total loan fee), work write-up approval (25%), contract bid selection (20%), loan approval (10%), loan and contractor signings (10%), final construction inspection (15%) and loan closeout/completed file (10%) — percentages to be approved by the City. r Kick-off meeting John Oshimo Start of Program Robert Copenhaver Robert Vasquez Bernadette Soledad Progress meeting Robert Copenhaver Every four months Robert Vasquez Progress report Bernadette Soledad Monthly Huntington Beach Rehabilitation Loan Program GRC Ass®CIATEs, INC. Task 2: Loan Processing GRC will process the loan applications in a timely and efficient manner. After the application is submitted, GRC will contact the applicant and mail a letter listing the requested information such as credit account statements, employment and income verifications; bank statements, proof of residency, most recent income tax return, property insurance policy, and priority repair items. GRC will set a meeting date to interview the applicant, collect the information and photograph the required repair(s). In addition, GRC will request a lead based paint inspection if the home was built prior to 1978, collect all the required environmental and abatement forms, and request property title -related documents. If necessary, a termite inspection request will be procured. Once the package is completed, GRC will determine the applicant's eligibility under CDBG requirements. Finally, GRC will submit a loan approval form with the applicant information package to the City loan approval committee. During the early stages of the loan application process, GRC and the City will determine if the applicant is a "Special Need" based on the following: • Rehabilitation needs exceed loan limits or $27,500 to achieve basic health and safety requirement; • Pre-existing legal conditions; • Extra work including mold abatement, lead abatement and pre- existing structural problems; ■ City Council approval; • Disability requiring improvements beyond loan limits; • Volunteer community project assistance — Habitat for Humanity, church organizations, etc. GRC shall not proceed on special need loans without written authorization from the City. Timefrome represent approximate time required per typical loan. Huntington Beach Rehabilitation Loan Program 4 GRC ASSOCIATES, INC. Task 3: Loan Documents GRC will prepare all loan documents, coordinate the execution and disposition of the documents pursuant to the City and CDBG guidelines and established State and Federal lending regulations. Task 4: Property Inspection/Work Write -Up The GRC construction manager will conduct the initial inspection of the owner -occupied home with the property owner to determine existing code violations and other work that is RLP and CDBG eligible. Work specifications highlighting the code violations will be provided to the property owner. In addition, GRC will prepare the cost estimate of the proposed work, on a line item basis, as well as a loan total amount. Task 5: Bid Package If the loan is approved, GRC will provide the homeowner with a list of licensed contractors that are in good standing with the City, State or the Federal government. All contractors must be licensed by the California State Contractors Licensing Board. The homeowner will select the contractor. Huntington Beach Rehabilitation Loan Program GRC ASSOCIATES, INC. Task 6: Construction Management GRC will manage all aspects of the construction phase of the Loan Program, including but not limited to the following tasks: ■ Lead Based Paint abatement and clearance (if built prior to 1978); ■ Transmittal of Contractor's Notice to Proceed; ■ Construction progress inspection and final inspection — photos to be taken before and after construction; ■ Loan disbursement, including retention amount and contractor lien releases; and ■ Conflict resolution regarding either property owner/contractor disputes or program concerns. After over 50 loan approvals, there have been only two loans where conflict resolution was required. Task 7: Loan Portfolio Management The GRC team will manage the loan portfolio, be responsible for the reconciliation of monthly statements from the City's loan collection agent, prepare monthly and year-end loan reports for the City Finance Department and City Treasurer, and will process loan payoffs. GRC will control and disburse funds through an escrow account. In addition, GRC will process incoming correspondence and requests with regard to the loans. GRC will assist the City staff in requests for demands, loan payoff checks and reconveyence of deeds, as long as the loan files remain in GRC's possession. Huntington Beach Rehabilitation Loan Program 6 GRC AsS®CIATES, INC. The GRC's staff is experienced in both the loan processing and the construction management of the RLP. The GRC team will include experienced members that will represent the City as an extension of its staff. All persons identified on the project team are considered key individuals and will be available for the duration of the project. The following individuals will act as the core project team: John N. Oshimo, President, will serve as Principal -in -Charge of this program and ensure that the program is adequately staffed and loans are processed in a timely manner. Mr. Oshimo has 30 years of experience in the fields of redevelopment, housing, land use and environmental planning in California. He serves as Principal -in -Charge of the housing rehabilitation loan and grant programs for the Cities of Costa Mesa and Laguna Hills. Mr. Oshimo holds a Masters in Planning from the University of Southern California and a Bachelor of Arts from the University of California, Los Angeles. Robert Copenhaver, will serve as Project Manager and the person responsible for the day-to-day work on the project. He has 27 years experience in residential, commercial and institutional construction. Mr. Copenhaver recently designed and created a successful homeowner rebate repair and loan program for the City of Stanton. Please see an official commendation from the Stanton City Council in 2007. He is the project manager of the 248-unit Aliso Meadows condominium Rehabilitation Programs for the City of Laguna Hills. Additionally, Mr. Copenhaver administers home improvement loans and grants for the City of Costa Mesa and the current Huntington Beach RLP. Mr. Copenhaver holds a BSCM and graduated with honors from the Construction Management program at California State University Long Beach. Robert G. Vasquez, Principal of GRC, has 15 years of experience in the real estate, finance and economic development and affordable housing areas. He has administered housing rehab programs for the Cities of Costa Mesa, Huntington Beach and Stanton. He is fluent in Spanish and Huntington Beach Rehabilitation Loan Program 7 GRC ASS®CIATES, INC. has assisted numerous Spanish-speaking homeowners process their loans. Mr. Vasquez is a graduate of USC — Bachelor of Science, Columbia University — Masters of Business Administration, and Harvard University — Masters Public Administration. Bernadette Soledad, Administrative Assistant, assists with the qualification and loan processing of the Huntington Beach RLP. She is responsible for the collection and analysis of applicants' income, ownership and credit information and coordinates with applicants, City staff, contractors, escrow, title and loan servicing companies. Background includes over ten years of experience in customer service and five years of mortgage loan processing. Ms. Soledad is a graduate of De La Salle University, Manila -- Bachelor of Arts degree in Communication Arts. Full resumes are presented on the following pages. Huntington Beach Rehabilitation Loan Program GRC ASSOCIATES, INC. JOHN N. OSHIMO, PRESIDENT John N. Oshimo is President and owner of GRC Associates, Inc. Mr. Oshimo has over 30 years of private and public sector experience in redevelopment, economic development, land use planning, environmental documentation, fiscal impact analyses, and housing. Mr. Oshimo has served as Principal Project Manager for numerous large and complex redevelopment and environmental projects in Southern California, and has managed numerous public outreach programs. In addition, Mr. Oshimo has worked with local governments developing general plans and housing elements, specific plans and conceptual land use plans. Examples of Mr. Oshimo's experience include: • Redevelopment Plans and Amendments and EIRs for the redevelopment agencies of Buena Park, La Mirada, La Puente, Rancho Cucamonga, Rosemead. Stanton and Yorba Linda. • Principal in Charge of housing rehabilitation loan programs for Stanton, Costa Mesa and Huntington Beach. • Economic development and market studies for the Cities of Bakersfield, Artesia and Orange. • General Plan and EIR for the City of Gardena. • Housing Elements for the Cities of Lakewood, Gardena and Artesia, La Habra. • Five -Year Implementation Plans for the Cities of Azusa, Colton and Montebello. • Specific Plans for the Town of Apple Valley and the Cities of Artesia and Sierra Madre. • Project Manager for the Master Environmental Assessment/Environmental Impact Report for the Southern California Association of Governments (SCAG) Regional Comprehensive and Transportation Plan. EDUCATION Master of Planning, Urban and Regional Planning, University of Southern California Bachelor of Arts, Geography, University of California, Los Angeles Huntington Beach Rehabilitation Loan Program GRC ASSOCIATES, INC. ROBERT COPENHAVER, CONSTRUCTION MANAGER Mr. Copenhaver, Construction Manager of GRC, has 27 years experience in residential, commercial and institutional construction. He has spent 10 years as a private Contractor for commercial and institutional projects then later as a Project Manager and Construction Manager for public projects. Mr. Copenhaver is familiar with a wide array of building trades, construction methods, industry practices, building codes, estimating, and design. Mr. Copenhaver's most recent construction management project was a 12 million dollar community center and senior housing project for the City of Rosemead. Mr. Copenhaver recently designed and created a successful rebate program and a home loan program for the City of Stanton. He also designed and created a project specific improvement plan in Laguna Hills and administers home improvement loans and grants for the City of Costa Mesa. EDUCATION BSCM, Construction Management, California State University Long Beach Huntington Beach Rehabilitation Loan Program 10 C7RC .ASSOCIATES, INC. ROSERT G. VASQUEZ, PRINCIPAL Mr. Robert G. Vasquez, a Principal at GRC Associates, has over 20 years of experience in the areas of housing, real estate, finance and economic development. Mr. Vasquez's experience in real estate and economic development includes working for an equity investor in the affordable housing area, development firms and various consulting firms. Mr. Vasquez has prepared numerous analyses for public and private clients. Mr. Vasquez has extensive real estate development consulting work experience ranging from property site assessment to disposition. Examples of some of the consulting services completed include development feasibility, financial analysis, site selection, appraisal reviews and preliminary valuation studies. In addition, he has provided real estate leasing and acquisition services to private clients and municipalities. Mr. Vasquez affordable housing experience includes managing the acquisition process of tax credit apartment projects sponsored by private developers and community -based corporations seeking equity investments. He has negotiated business terms as a partner in the development with the sponsor in order to add value in developing a viable, sustainable property as long-term investment in the community. He has also developed business plans and marketing strategies in order to secure, underwrite and close equity investments in the Southwest USA area. In addition to Huntington Beach, Mr. Vasquez has also assisted other cities in rehabilitating their housing stock (both single-family and multi- family units) such as Lakewood, Costa Mesa, Stanton and Laguna Hills. EDUCATION Master in Public Administration, Harvard University, Cambridge, MA Master in Business Administration, Columbia University, New York, NY Bachelor of Science, Business Administration, USC, Los Angeles, CA Huntington Beach Rehabilitation Loan Program 11 GRC AsSOCIA TES, INC. BERNADETTE SOLEDAD, ADMINISTRATIVE ASSISTANT Ms. Bernadette Soledad has been with GRC Associates since February 2008, and has since been actively involved with the administration of the City of Huntington Beach's Rehabilitation Loan Program beginning with the pre -qualification process up to the file completion and closing. She works hand in hand with GRC's housing consultants and ensures that all required documentations are in place during the course of the loan. Ms. Soledad is likewise in -charge of the monthly, quarterly and annual reports provided to the City, and she also handles the background, credit and property check as well as financial analysis, fund disbursements, loan documentation, follow; ups and communication requirements, among others. Work experience includes: ® Five years of mortgage loan processing that involved constant interaction with borrowers, appraisers, escrow and title companies, and mortgage lenders. Her responsibilities include acquiring prior to doc and funding conditions, loan document preparation and signing, file organization and ensuring that all lender requirements are met prior to close of escrow. ■ Over ten years of employment in customer service beginning with her two-year stint as a front -liner at the luxurious Makati Shangri- la Hotel in the Philippines where she participated in numerous workshops that focused on professionalism and customer satisfaction. She went on to serve as a senior customer service representative at Neuberg-Ebel Importers, LLC in Los Angeles for three years and later as executive assistant for company CEOs in the financial and mortgage industry. EDUCATION Bachelor of Arts degree in Liberal Arts, Major in Communication Arts, De La Salle University, Manila Huntington Beach Rehabilitation Loan Program 12 GRC ASSOCIATES, INC. The following are GRCs experience and references for housing programs: City of Laguna Hills Project Manager: Robert Copenhaver Outreach Program: Robert Vasquez Timeframe: January 2006 - Present GRC is assisting the City of Laguna Hills in its continuing effort to address the conditions at the 248-unit Aliso Meadows condominium complex. . Implementation of the program includes: preparation of a phasing plan, contracts and invoices; participation in eight stakeholders meetings and technical construction assistance to the HOA. Name: Vern Jones, Director of Community Development Address: 24035 El Toro Road, Laguna Hills, California 92653 Telephone: (949) 707-2675 Email: vjones@ci.laguna-hills.ca.us City of Costa Mesa Project Manager: Robert Copenhaver Loan Processing: Robert Vasquez Timeframe: September 2005 - Present GRC is assisting City staff in implementing the construction phase of the Single Family Housing Loan and Grant Rehabilitation Program. GRC performs the following tasks: initial site inspections and work write-ups; contract processing; and construction processing. Name: Muriel Ullman, Redevelopment and Housing Manager Address: 77 Fair Drive, Costa Mesa, California 92628 Telephone: (714) 754-5167 Email: MUllman@ci.costa-mesa.ca.us Huntington Beach Rehabilitation Loan Program 13 tG1�C ASSOCIATES, INC. City of Stanton Project Manager: Robert Copenhaver Loan Processing: Robert Vasquez Timeframe: 2004 - 2007 GRC has assisted in implementing a housing rehabilitation, rebate, first time homebuyers and emergency loan programs. Tasks included: designing and implementing a marketing program; screening applicants and determining eligibility; site inspections and work write-ups; assisting residents in securing bids; and overseeing the construction process. (GRC's participation ended in 2007 — City staff is now implementing the program). Name: Carol Jacobs, Jr., City Manager Address: 7800 Katella Boulevard, Stanton, California 90680 Telephone: (714) 379-9222 Email: cjacobs@ci.stanton.ca.us City of Rosemead Construction Manager: Robert Copenhaver Funding Administrator: John Oshimo Timeframe: 2000 - 2003 Construction management and grant administration of the Garvey Avenue Senior Recreation and Community Center and the Senior Housing Complex. Name: Doug Joyce, Project Architect, ONYX Architects Address: 16 North Marengo, No. 700, Pasadena, California 91101 Telephone: (626)-405-8001 Email Name: djoyce@onyxarchitects.com Huntington Beach Rehabilitation Loan Program 14 (31"MC ASSOCIATES9 INC. City of Lakewood Project Manager: Robert Vasquez Timeframe: 2000 - Present GRC is assisting in the City acquire blighted properties as part of its Scatter Lot Acquisition Program. GRC negotiates with willing sellers to purchase properties using Housing Set -Aside Funds. In addition, GRC qualifies tenants for relocation assistants, determines necessary unit improvements, prepared developer RFP and completes all necessary acquisition documents. Name: Sonia Southwell, Director of Community Development Address: 5050 Clark Avenue, Lakewood, California 90712 Telephone: (562) 866-9771 ext. 2302 Email: ssouthwe@lakewoodcity.org City of Huntington Beach Project Manager: Robert Copenhaver Project Team: John Oshimo, Robert Vasquez and Bernadette Soledad Timeframe: 2006 - Present GRC is implementing the City's Housing Rehabilitation Loan Program. Tasks include review of loan applications, loan processing, coordination of the bid process, work write-up preparation, construction and repair inspection, and processing the loan repayments. Huntington Beach Rehabilitation Loan Program 15 GRC AsSOCIA'TEs, INC. GRC shall be compensated based on a flat, not -to -exceed fee per loan of Yt�� ° 3_4,9 Assuming that 20 loans are completed within one year from the 6 ` e2 aA,4131date GRC receives the Notice to Proceed letter. This fee shall be adhered h to during the life of the contract and is based on the current loan limits Lemr . and program documents. GRC do If, however, the City designates a "special needs" loan, the fee per loan shall be adjusted per mutual agreement. GRC shall receive written authorization to proceed on all special need loans. If unforeseen issues arise during the course of the loan process, GRC shall request City authorization to continue. Any additional services outside the scope of work will be first approved by the City and will be billed on a time and material basis. Indirect costs for additional services outside the not -to -exceed amount will be billed at our cost plus 20%. Indirect costs include printing of documents, purchase of project -related materials, postage and related costs. Huntington Beach Rehabilitation Loan Program 16 EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly Rate and Not -To -Exceed Loan -Project Amount CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: GRC shall be compensated based on a not -to -exceed per loan cost of $4,200.00. Assuming that 25 loans are completed within one year from the date GRC receives the Notice to Proceed letter, the total project cost is estimated at a not -to -exceed amount of $105,000.00. If, however, the City increases the loan amount per applicant, GRC's fee shall be adjusted to reflect the change. In addition, if loans cannot be fully processed, GRC shall be compensated according to the hours completed and the schedule of rates presented below. These hourly rates will be valid for the term of the contract: GRC STAFF HOURLY RATE President $135.00 Principal $110.00 Construction Manager $105.00 Associate $ 75.00 Administrative Assistant $ 45.00 Any additional services outside the scope of work will be first approved by the City and will be billed on a time and material basis. Indirect costs for additional services outside the not -to - exceed amount will be billed at our cost plus 20%. Indirect costs include printing of documents, purchase of project -related materials, postage and related costs. B. Travel 1. Charges for time during travel are normally not reimbursable and will only be paid if such time is actually used in performing services for CITY or as otherwise arranged with CITY. 2. As CITY sometimes uses consultants that are outside of the nearest metropolitan area, CITY is very conscious of travel costs. Subject to agreement otherwise, CONSULTANT will be held to charging no fees on travel time to or from Huntington Beach. Automobile expenses are limited to the IRS standard business mileage rate. All other travel expenses must be approved in advance by CITY in writing. Requests for approval shall be submitted at least fourteen (14) days in advance, to allow for reduced transportation fares. Meals are not billable to CITY, without prior written consent of CITY. agree/forms/exB-hourly fee/1/5/10 EXHIBIT B Hourly Payment EXHIBIT "B" Payment Schedule (Hourly Payment) C. Billina 1. All billing shall be done monthly in one -tenth -hour (0.10) increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. Minimum billing charges are unacceptable. CONSULTANT shall only charge for actual time spent. For example, minimum of 0.2 hours for phone calls or 0.4 hours for letters is unreasonable unless that is an accurate measure of time spent. 2. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the case or matter. 3. Telephone, cellular phone and postage charges are billable at actual cost. A copy of all service bills/costs should accompany the billing for each single item that exceeds Seventy -Five Dollars ($75.00). The fee for the sending or receiving of facsimiles shall not exceed Twenty-five Cents ($0.25) per page. CITY will not pay a fee or charge for telephone calls or facsimiles to CITY. Photocopier costs should be no more than the actual cost of duplication or Ten Cents ($0.10) per page, whichever is less. 4. CITY will not pay for secretarial time or secretarial overtime. CITY will not pay for secretarial tasks or tasks that should be subsumed into CONSULTANT's overhead. For example, time spent for faxing, mailing, arranging for messengers and calendaring are not acceptable charges. 5. CITY will not pay for word processing charges. This includes per page or hourly charges. 6. CITY will not pay for billing or discussion of bills. If CITY has questions about billing or needs additional information on bills, that is not a chargeable event; CONSULTANT should respond without charging CITY for the time required. 7. CITY appreciates when CONSULTANT has researched an issue previously and uses that research on the present case. CITY has retained CONSULTANT because of its past experience. CONSULTANT shall not charge CITY for work it has done and billed another client for in the past. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. agree/forms/exB-hourly fee/1/5/10 EXHIBIT B 2 Dourly Payment EXHIBIT "B" Payment Schedule (Hourly Payment) 9. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non -approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 10. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. agree/forms/exB-hourly fee/l/5/I0 EXHIBIT B 3 Hourly Payment REHABILITATION LOAN AND CONSTRUCTION CONSULTING SERVICES REQUEST FOR PROPOSAL PROPOSALS RECEIVED Proposer # of # of Submit Exceed Other copies disks vendor 20 page received received application limit? form? MDG Associates, Inc. 5 1 Yes Rudy E. Munoz, President 10722 Arrow Route, Ste 822 Rancho Cucamonga, CA 91730 909-476-9696 x-103 rmunozkmdg-ldm.com Skyline Real Estate Services 5 1 Yes Hannelore Inman P.O. Box 181333 Coronado, CA 92118 619-318-0961 skylinerealestateserviceskyahoo.com GRC Associates, Inc 5 1 Yes — 1 John Oshimo copy 858 Oak Park Rd., Ste 280 submitted Covina, CA 91724 to Janet 626-331-6373 joshimoggrcassoc.com Turtle Island Construction Services 5 0 No J Patrick Piatt 951 West Princeton Street Ontario, CA 91762 909-227-9391 www.ticonservkgmail.com Comprehensive Housing Services, 5 1 Yes — 1 Inc. copy Gayle Bloomingdale, President submitted 8840 Warner Avenue, Ste 203 to Janet Fountain Valley, CA 92708 714-841-6610 ga leb ,comphouse.net I/ ACORD, CERTIFICATE OF LIABILITY INSURANCE OP ID VG DATE (MM/Dwyyyy) GRCAS - 1 12/04/09 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION LaGrange and Associates, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE License 4OG32173 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. O. Box 660339 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Arcadia CA 91066 Phone;626-445-7030 - INSURERS AFFORDING COVERAGE NAIC # TN 6kF INSURER A: Travelers P r Pe t C. U.aILY INSURER BPhiladelphia lud—a Ly Ina Co t GRC Associates, Inc. INSURER C 858 Oak Park Road # 280 INSURER D: Covina CA 91724-3752 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW,HAVE BEEN ISSUED TO THE INSURED NAMFD ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, I ERM OR CONDII ION OF ANY CON RACI OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN W, SUBJECT 10 ALL THE I-ERMS, EXCLUSIONS AND CONDITIONS Or SUCH POLICIES. AGGREGATE L(M( IS SI-IOW14 MAY HAVE_ 13FEN REDUCED BY PA12 CLAIMS. INSR'ADD'N--- E OF INSURANCE TYPE .. ......... POLICY NUMBER �-POLICY EFFECTIVE POLICY EXPIRATION DATE IDDIYY) LIMITS _LTJRnR., GENERAL LIABILITY EACH OCCURRENCE I's 1,000,00o A X X COMMERCIAL GENERAL LIABILI fY DAMAGE "'TO RhN rI- D 660456L6360 08 12/01/09 12/01/10 PREMISES (Ca occurence) i 100,000 CLAIMS MADE [�X OCCUR MED EX (Any one pei, Son) 5, 0 00 PERSONAL & ADV INJURY S EXCLUDED 'A� AGGRJ[;GATF _JS 2 000,000 !- — CENT AUGFZFGATE LIMIT APPLIES PER. U( T S - COMP1011 A 21066' 000 X i PC)[-[(,Y LOC AUTOMOBILE LIABILITY COMBINEDSINGLE I MP i$1,000,000 ANY AUTO 660456L6360 08 12/01/09 12/01/10 ALL OWNED AU1 ()S BODILY INJURY SCHEDULED AUTOS (Far Pei Sari) A X Hi AU 10�lj BODILY INJURY S A X NON-OWNPD AUTOS US PROPERTY DAMAGE (Per accident) GARAGE LIABILITY AUTO ONLY - FA ACCIDE'N I ANY AUTO s OTHER THAN IAN LA ACC S AUTO ONLY: AGG --PR6VE1DA,0RM /I S1(hj AP S EXCESSIUMBRELLA LIABILITY flEAGH OCCURRENCE �,c OCCUR Ct AIMS MADE R At fjfk� AGGHLOAlL $ DLDUC f 113LF RETENTION S WORKERS COMPENSATION AND -TJ�7r-r AT[J OTH. EMPLOYERS' LIABILITY jl F _1.LIMITS- I-"—_ ER 1-ACJ-fACCJDLNf1QRY - I At,;Y i'ROPRIL I OR&AR I N LR/FAECA) rIVE 0 FF IGFR� MEMBER FXCI.UDEDQ F L, DISrASF - [,A�I:Mll OYEE S Ifyes, desei ibe under SPECIAL PROVISIONS belt- 1:1.DISEASE - POLICY LIMIT S OTHER B Professional Liab. PH5D351226 08/19/09 08/19/10 Per Claim $1,000,000 AAggregat $1,000, 000 DESCRIPTION OF OPERATIONS I LOCATIONS! VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Certificate Holder, its agents, officers and employees are included as an Additional Insured and when applicable, the redevelopment agency of the City of Huntington Beach. Form CG2037 07 04 is attached to this Certificate. *Except 10 days written ntoice of cancellation ofr non-payment of premium. CERTIFICATE HOLDER CITY002 City of Huntington Beach Risk Management Division 2000 Main Street Huntington Beach CA 92648 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION` DATE THFRFOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE FIOLDFR NAMED TO THE LEF 1, BLII FAILURE TO DO $0 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES ACORD 25 (2001108) @ ACORD CORPORATION 1988 ._ t_ w ... - BEACH - pproval Form Professional Service g, PART Date: Project Manager: Requested by Name if different from Project Manager: Department: Choose One PARTS I & II OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED FOR APPROVAL. PART I & Il MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Name of consultant: GRC 2) Contract Number: ECD (Contract numbers are obtained through Finance Administration) 3) Amount of the contract: $ 105,000 4) Is this contract less than $50,000? ❑ Yes ® No 5) Does this contract fall within $50,000 and $100,000? ❑ Yes ® No 6) Is this contract over $100,000? ® Yes ❑ No (Note: Contracts requiring City Council Approval need to be signed by the Mayor and City Clerk. Make sure the appropriate signature page is attached to the contract.) 7) Were formal written proposals requested from at least three available qualified consultants? ® Yes ❑ No 8) Attach a list of consultants from whom proposals were requested (including a contact telephone number.) 9). Attach Exhibit A, which describes the proposed scope of work. 10) Attach Exhibit B, which describes the payment terms of the contract. /�� Z-,,��s ,-6 Director of Finance (or designee) Signature Date INITIATING DEPARTMENT: Economic Development SUBJECT: APPROVE CONTRACT WITH GRC ASSOCIATES, INC. COUNCIL MEETING DATE: February 1, 2010 RCA -ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Ap licable ® . Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Ap licable Tract Map, Location Map and/or other Exhibits Attached Not Applicable ❑ Contract/Agreement (w/exhibits if applicable) Attached (Signed in full by the City Attorney) Not Applicable ❑ Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached Not Applicable ❑ Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable Bonds (If applicable) Attached ❑ Not Applicable Staff Report (If applicable) Attached ❑ Not Applicable Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIE �C �➢ED RETURNED �ORV APMED Administrative Staff p ( ) ) Deputy City Administrator (Initial) �pN c ( ) ( ) City Administrator (initial) City Clerk NalLs EXPLANATION FOR I G RCA Author: Sidney Stone Ext. 5901 V6�_.F'�t!u -� GRC BAN 1 4 190'10 ASSOCIATES, INC. ;r:,'.`"=f' 0iM,M_% #. Transmittal DATE: 1/12/10 TO: Ms. Terri King Economic Development FROM: John Oshimo Redevelopment RE: SIGNED PROFESSIONAL SERVICES Real Estate Consulting CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND GRC ASSOCIATES, Affordable Housing INC. FOR ADMINISTRATION OF THE HOUSING REHABILITATION LOAN PROGRAM Urban Planning Enclosed are two signed copies of the contract. Please send us a copy of the fully -executed agreement once it becomes available. Thank you. 858 Oak Park Road Suite 280 Covina, CA 91724 Telephone: (626) 331-6373 Fax: (626) 331-6375 City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92646 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERK February 2, 2010 GRC Associates, Inc. Attn: John Oshimo, President 858 Oak Park Road, Ste. 280 Covina, CA 91724 Dear Mr. Oshimo: Enclosed for your records is a duplicate original of the Professional Services Contract Between the City of Huntington Beach and GRC Associates, Inc. for administration of the Housing Rehabilitation Loan Program. Sincerely, J n L. Flynn, CIVIC City Clerk JF:pe Enclosure G:fo11owup:agrmt1tr Sister Cities: Anjo, Japan • Waitakere, New Zealand 1 Telephone : 714-536-5227 )