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HomeMy WebLinkAbout19F - RFQ COMMUNITY HOUSINGREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 20, 2016 TITLE: REQUEST FOR QUALIFICATIONS FOR COMMUNITY HOUSING DEVELOPMENT ORGANIZATIONS (STRATEGIC PLAN NO 5, 3) CITY MANAGER RECOMMENDED ACTION Receive and file. CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on tat Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION RECOMMENDATION At its regular meeting on August 24, 2016, by a vote of 4:0 (Garcia and Gomez absent), the Community Redevelopment and Housing Commission recommended that the City Council receive and file the action. DISCUSSION The City of Santa Ana annually receives federal grant funds through the HOME Investment Partnerships Program (HOME) for the development of affordable housing. The U.S. Department of Housing and Urban Development (HUD) has commitment deadlines for these HOME funds that require grant funds to be committed within two years from the date of their original allocation. In addition, the HOME regulations require that participating jurisdictions (PJs) set -aside at least 15 percent of their HOME allocation for housing that is developed, owned, or sponsored by Community Housing Development Organizations (CHDO). A CHDO is a nonprofit, community - based organization with the capacity to develop affordable housing for the community. In order to qualify for designation as a CHDO, the organization must meet the requirements pertaining to their legal status, organization structure, capacity, and experience as required by the HOME regulations. The City of Santa Ana has provided organizations an opportunity to apply for the CHDO funds under prior Request for Proposals. However, the selected projects were unable to qualify or fully use the CHDO funds made available. In order for the City to fully use these HOME funds and meet HUD's commitment deadlines, a Request for Qualifications (RFQ) for CHDOs is scheduled for September 26, 2016, for affordable rental and ownership housing in Santa Ana (Exhibit 1). The RFQ will qualify and certify CHDOs in order to place them on an on -call list. Once placed on 19F -1 Request For Qualifications for Community Housing Development Organizations September 20, 2016 Page 2 the CHDO on -call list, selected and approved CHDOs will have access to the CHDO funds on a first -come basis for HOME qualified projects until the funds are fully exhausted within a three -year deadline and /or the City has met its CHDO HOME commitment deadline for each fiscal year. Based on the new HOME rules, HOME commitments cannot occur until all financing for the project has been fully committed. The selected CHDOs will be responsible for contributing and securing additional funds as necessary, for acquiring the land, completing the improvements, and lease -up and operation of each project. The RFQ is scheduled for release on September 26, 2016 with proposals due Friday, October 28, 2016. Notices of funding availability will be placed on the City's website, published in a general circulation newspaper, and directly e- mailed to local housing developers who have previously shown an interest in affordable housing development projects. Following review of the proposals received, the recommendations for the CHDO on -call list will be submitted to the Community Redevelopment and Housing Commission prior to recommendation to City Council for final approval. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement and Sustainability, Objective #3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). FISCAL IMPACT There is no fiscal impact associated with this action. Robert C. Cortez' " Deputy City Manager City Manager's Office NV /J B Exhibit: 1. Draft RFQ for Community Housing Development Organizations 19F -2 REQUEST FOR QUALIFICATIONS RFQ# 16 -XXX HOME INVESTMENT PARTNERSHIPS PROGRAM (HOME) COMMUNITY HOUSING DEVELOPMENT ORGANIZATIONS (CHDO) CITY OF SANTA ANA Community Development Agency 20 Civic Center Plaza Santa Ana, CA 92701 Natalie Verlinich Housing Programs Analyst (714) 667 -2267 Office NVerlinilch@santa-ana.org KEY RFQ DATES: Issue Date: Monday, September 26, 2016 Deadline to Submit Questions: Friday, October 14, 2016 at 5:00 p.m. Response Posted on City Website: Thursday, October 20, 2016 at 5:00 p.m. Proposal Due Date: Friday, October 28, 2016 at 12:00 p.m. City of Santa Ana Community Development Agency Request for Qualifications for Community_ *I ij Development Organizations (CHDO) NOTICE INVITING PROPOSALS NOTICE IS HEREBY GIVEN that proposals will be received from qualified firms with the qualifications and capacity to develop affordable housing. Responses to this Request for Qualifications will be accepted until Friday October 28, 2016 at 12:00 noon. If further information is required regarding this Request for Qualifications, please contact Ms. Natalie Verlinich, Housing Programs Analyst, at (714) 667 -2267 or NVerlinich @santa- ana.org. MAILED, DELIVERED BY HAND, OR COURIERED proposals will be accepted as follows: City of Santa Ana Natalie Verlinich, Housing Programs Analyst Community Development Agency 20 Civic Center Plaza, Sixth Floor Santa Ana, CA 92701 It is the responsibility of the proposer to ensure that any proposals submitted shall have sufficient time to be received by the City of Santa Ana prior to the proposal due date and time. Questions regarding the Request for Qualifications shall be made in writing via e-mail to Natalie Verlinich at NVerlinich@santa- ana.org. The time the proposal is received in the Community Development Agency, 20 Civic Center Plaza, 6`" Floor, Santa Ana, CA 92701 will be the governing time for acceptance of proposals. Late proposals will NOT be considered and will be returned to the proposer unopened. Telegraphic, electronic, and facsimile proposals will not be accepted. DO NOT E -MAIL RFQ RESPONSES. DO NOT FAX RFQ RESPONSES. City of Santa Ana Community Development Agency Request for Qualifications for Community Housing Development Organizations (CHDO) Page 1 19F -4 CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY REQUEST FOR QUALIFICATIONS (RFQ) HOME INVESTMENT PARTNERSHIPS PROGRAM (HOME) COMMUNITY HOUSING DEVELOPMENT ORGANIZATION (CHDO) PAGE City of Santa Ana Community Development Agency Request for Qualifications for Community Housing Development Organizations (CHDO) 19�?5 I. INTRODUCTION 3 II. SCOPE OF WORK /SERVICES 3 III. GENERAL INFORMATION 4 IV. COORDINATION 5 V. DEVELOPER RESPONSIBILITIES 5 VI. CITY BUSINESS LICENSE 5 VII. RULES FOR PROPOSALS 5 VIII. PRE - PROPOSAL MEETING 5 IX. E -MAIL COMMUNICATIONS AND INTERPRETATIONS /CLARIFICATIONS 6 X. ADDENDA 6 XI. SUBMITTAL REQUIREMENTS INFORMATION AND DEADLINE 6 XII. MINIMUM QUALIFICATIONS 6 XIII. SUBMITTAL REQUIREMENTS 6 XIV. DEVELOPER SELECTION — PROPOSAL AND EVALUATION 7 XV. PUBLIC RECORDS 8 XVI. FILING A PROTEST 8 EXHIBITA SCOPE OF SERVICES 9 EXHIBIT B CHDO CHECKLIST 17 EXHIBIT C CITY OF SANTA ANA PROPERTY STANDARDS Error! Bookmark not defined. EXHIBIT D ADDITIONAL INSURED ENDORSEMENT FOR GENERAL LIABILITY POLICY 49 EXHI BIT E PROPOSER'SSTATEMENT: PROPOSAL AND CONTRACT AGREEMENT 50 EXHIBIT PROPOSAL CONTRACT AND AGREEMENT— CERTIFICATION OF NONDISCRIMINATION 51 EXHIBIT G NON- COLLUSION AFFIDAVIT 53 City of Santa Ana Community Development Agency Request for Qualifications for Community Housing Development Organizations (CHDO) 19�?5 ,t .nary r D ny , • �e CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY REQUEST FOR QUALIFICATIONS (RFQ) HOME INVESTMENT PARTNERSHIPS PROGRAM (HOME) COMMUNITY HOUSING DEVELOPMENT ORGANIZATION (CHDO) INTRODUCTION The City of Santa Ana receives HOME Investment Partnerships Program (HOME) funds from the U.S. Department of Housing and Urban Development (HUD) to assist in the production of affordable housing for low- income persons. Under the HOME Program, the City is required to set aside at least 15% of its total annual HOME allocation for housing to be developed, sponsored, or owned by Community Housing Development Organizations (CHDO for very-low and low- income households. This year, the City is conducting a Qualification Process and seeking applications from organizations that can certify as Community Housing Development Organizations (CHDOs) and have the capacity to develop affordable, single - family or multi - family housing for rental or homebuyer activities. These affordable units will target lower income households at or below 80% of the area median income (AMI) per the income requirements of the HOME regulations. Organizations which are successful in the qualification process will be placed on an Approved CHDO List, subject to City Council approval. The organizations placed on the Approved CHDO List will be able to utilize HOME CHDO funds based on the review, approval and selection of the City at its sole discretion for qualified and eligible projects. Approximately $504,550 in HOME CHDO funds is expected to be available under this Request for Qualifications over the next three -year period, subject to approval by the City Council and final funding amounts from HUD. Eligible projects will involve the acquisition /new construction or acquisition /rehabilitation /preservation of affordable single - family or multi -unit housing for homeownership or rental housing. All projects must comply with the regulations of the HOME Program Final Rule (24 CFR Part 92). The City's Approved CHDO List will be in effect for a three -year period or until the CHDO funds are fully expended, whichever comes first. II. SCOPE OF WORK /SERVICES The scope of work will include any and all work efforts related to the Approved CHDO List per EXHIBIT A - SCOPE OF SERVICES. The HOME funds set aside for CHDO activities under this RFQ may be used to acquire and construct, or acquire and rehabilitate homebuyer and rental properties. City of Santa Ana Community Development Agency Request for Qualifications for Community Housing Development Organizations (CHDO) Page 3 19F -6 Please see the table below for the allowable uses of funds for each CHDO Role, per the HOME Regulations: Eligible Activity ELIGIBLE CHDO ROLES CHDO Developer CHDO Sponsor CH DO Owner Acquisition and / or Rehabilitation of Homebuyer Properties X New Construction of Homebuyer Properties X Acquisition and / or Rehabilitation of Rental Units X X X New Construction of Rental Units X X X CHDO Developer: For Rental Project, the CHDO must own the project throughout the affordability period. For Homebuyer Projects, the CHDO owns, arranges financing, rehabilitates or constructs, and sells the property to a qualified homebuyer. CHDO Sponsor: CHDO can be a sponsor by either (1) Develop rental housing and sells to non - profit or another CHDO after completion, which is conveyed at pre- determined time to pre- identified non - profit /CHDO; OR (2) Rental Housing is owned and developed by: for - profit or nonprofit subsidiary that is wholly owned by the CHDO; Limited Partnership (CHDO or wholly owned subsidiary must be sole general partner); OR Limited Liability Company (CHDO or wholly owned subsidiary must be sole managing member). CH DO Owner: For Rental Proiects Only. CHDO can own HOME Eligible rental housing that it did not develop. CHDO is the owner in fee simple during the development and period of affordability. CHDO is able to contract with developer to perform rehabilitation or construction. The approved Community Housing Development Organization (also known as the "Developer") shall be an independent developer capable of providing experienced, knowledgeable and professional staff. The Developer shall be responsive and maintain excellent working relationships with city residents, businesses, government officials and City staff. The Developer shall provide adequate staffing levels at all times and adhere to established schedules. The Developer shall be knowledgeable of and comply with federal, state and local laws, including the Santa Ana Municipal Code, and the federal HOME Investment Partnerships Program as it applies to their proposal. Please note the new HOME regulations and Final Rule published on July 24, 2013. III. GENERAL INFORMATION A. Those organizations who are determined eligible will be placed on the Approved CHDO List and be certified as a CHDO with the City of Santa Ana. This on -call list and certification will be approved by the City Council. All proposed projects must be HOME eligible and meet HOME regulations / requirements. B. Once City Staff reviews and approves the proposed project, the City and CHDO will enter into a Loan Agreement based on the terms approved by City Council when the Approved CHDO List was approved. C. When determined appropriate, the City will provide information in its possession relevant to preparation of required information in the RFQ. The City will provide only the staff assistance and documentation specifically referred to herein. D. The Developer shall be responsible for retaining data, records and documentation for the preparation of the required information. These materials shall be made available to the City as requested by the City. E. This RFQ does not commit the City to pay costs incurred in preparation of a response to this RFQ. All costs incurred in the preparation of the proposal, the submission of additional information and /or any aspect of a proposal prior to award of a written contract will be borne by the respondent. The City reserves the right to City of Santa Ana Community Development Agency Request for Qualifications for Community Housing Development Organizations (CHDO) Pa e 4 19p -7 accept or reject the combined or separate components of this proposal in part or in its entirety or to waive any informality or technical defect in proposal. F. All data, documents and other products used, developed or produced during response preparation of the RFQ will become property of the City. All responses to the RFQ shall become property of the City. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act. G. The City reserves the right to reject, replace and approve any and all subcontractors. All subcontractor(s) shall be identified in the response to the RFQ and the City reserves the right to reject any subcontractor(s). Subcontractors shall be the responsibility of the Developer and the City shall assume no liability of such subcontractors. H. The City reserves the right to not select any CHDO's for the list if none qualify, and that all decisions of whether or not a developer meets CHDO certification is at the City's sole discretion. I. The City reserves the right to not spend any HOME funds and selection to the Approved CHDO List does not guarantee any commitment of HOME funds. Any use of HOME funds or decisions on submitted projects is at the City's sole discretion. IV. COORDINATION Coordination by the awarded Developer with the City, other contractors and agencies will be required to achieve satisfactory and timely delivery of the required services. Coordination may include, but not be limited to, coordination with impacted businesses, neighborhood and civic groups, local and /or state agency boards, and attendance at Community Redevelopment and Housing Commission meetings and City Council meetings. The City will decide the manner in which the coordination efforts will be conducted. At the City's option, coordination efforts may be performed by the Developer's direct contact, by the Developer acting through the City or by the City only. When coordination efforts require agreements, such agreements shall be coordinated through the City. V. DEVELOPER RESPONSIBILITIES The selected Developer will assume responsibility for all aspects of the development, and for ensuring that the project is developed and operated in accordance with applicable federal and state laws and HOME regulations. The selected Developer will ensure that the project is developed and operated in accordance with the City of Santa Ana laws, regulations, and the planning and development process. VI. CITY BUSINESS LICENSE The selected proposer shall be required to obtain a City of Santa Ana Business license within 30 -days of selection and must provide a copy to the City project manager or designee prior to commencing any work in Santa Ana. VII. RULES FOR PROPOSALS The signer of the RFQ must declare in writing that the only person, persons, company or parties interested in the proposal as principals are named therein; that the proposal is made without collusion with any other person, persons, company or parties submitting a proposal; that it is in all respects fair and in good faith without collusion or fraud; and, that the signer of the proposal has full authority to bind the proposer (Exhibit E). VIII. PRE - PROPOSAL MEETING City of Santa Ana Community Development Agency Request for Qualifications for Community Housing Development Organizations (CHDO) Page 5 19F -8 The City will not have a pre - proposal meeting forth is CH DO RFQ. IX. E- MAILCOMMUNICATIONS AND INTERPRETATIONS /CLARIFICATIONS To facilitate the RFQ process, proposers are required to monitor and respond to e-mail requests within 48 hours. No oral interpretations will be made by the City to any proposer as to the meaning of requirements identified herein including the Scope of Service. Every request for such an interpretation must be made in writing via e- mail to Natalie Verlinich, Housing Programs Analyst, no later than Friday, October 14, 2016 at 5:00 p.m. Significant interpretations or clarification will be made by an addendum to this RFQ, which will be posted to the website. Addenda may become part of the agreement documents. X. ADDENDA If clarification or interpretation of this RFQ is considered necessary by the City, a written addendum shall be issued and the information will be posted on the City's website at www.santa- ana.ore /bids -rfps. It is the responsibility of each proposer to periodically check the City's website to ensure that they have received and reviewed any and all addenda to this RFQ. XI. SUBMITTAL REQUIREMENTS INFORMATION AND DEADLINE Proposals /Statement of Qualifications are due to the City of Santa Ana, at the date, time and location set forth on the Notice Inviting Proposals. Faxed and E -mail proposals will not be accepted. XII. MINIMUM QUALIFICATIONS Proposers shall have a minimum of five (5) years recent experience in the development and /or operation of affordable housing projects. XIII. SUBMITTAL REQUIREMENTS Proposers shall submit five complete hard copies of their proposal, and one additional copy on a compact disc, USB flash drive or equivalent. All five hard copies of the proposal /statement of qualifications must include a signed cover letter. This cover letter must include a declaration that the only person, persons, company, or parties interested in the proposal /statement of qualifications as principals are named herein; that the proposal /statement of qualifications is made without collusion with any other person, persons, company, or parties submitting a proposal; that it is in all respects fair and in good faith without collusion or fraud, and that the signer has full authority to bind the proposer. It must also include an email address and contact information for the signer. The letter must be signed in blue ink. All proposals /statement of qualifications submissions shall be on 8 -1/2" x 11" white paper. Statement of Qualifications (SOQ). The SOQ must include the following components: 1. CHDO Checklist. Completed and signed CHDO Checklist (Exhibit B), including all required documentation. CHDO certification from another jurisdiction is not acceptable. They must also describe their ability to comply with the new HUD requirements for CHDOs. 2. Developer Team. An organizational chart showing lines of responsibility, as well as a list of team members and their duties as part of the team. Developer needs to identify if any contractor(s) and /or subcontractor(s) are a subsidiary to any member of the development team. City of Santa Ana Community Development Agency Request for Qualifications for Community Housing Development Organizations (CHDO) 19r-9 Developer / Owner / Sponsor Experience. A narrative describing recent affordable residential development and management experience, with an emphasis on experience gained in the last five years on projects. a. Include project name and type (special needs, senior, large family, etc.), project address, developer team members, unit count and bedroom type, affordability requirements, and funding sources in your description. 4. Financial Capacity. Description of financial strength and ability to obtain project financing, and to provide sufficient equity for the successful completion of a proposed project once placed on the Approved CHDO List. a. Include a description of current relationships with major lending institutions. b. The CHDOs selected for recommendation to City Council will be required to submit complete financial statements for the last three years. Because of the possibility of public records requests, the City cannot guarantee that these statements will remain confidential. 5. References. Include a list of at least three references from public agency partners and professional lenders and investors with full names, contact information, and identification of the project(s). SOQs must be limited to a maximum of 25 pages, excluding front and back covers, section dividers, and exhibits. 6. Exhibit B— Complete CHDO Checklist 7. Exhibit D - Additional Insured Endorsement for Commercial General Liability Policy (Not required until after Developer selection) 8. Exhibit E — Proposer's Statement 9. Exhibit F— Certification of Nondiscrimination 10. Exhibit G — Non - Collusion Affidavit The proposal /statement of qualifications must be completely responsive to the RFQ. Incomplete proposals /statement of qualifications will be deemed as nonresponsive and will be rejected. The City reserves the right to reject any or all proposals /statement of qualifications submitted and no representation is made hereby that any contract will be awarded pursuant to this RFQ or otherwise. XIV. DEVELOPER SELECTION —PROPOSAL AND EVALUATION Immediately following the submission deadline, the Community Development Agency will create a review panel composed of City staff from relevant City departments. Each member of this panel will evaluate and rank each proposal /statement of qualifications using the evaluation criteria listed below. Those proposals /SOQs that meet the requirements of the CHDO Checklist and the minimum evaluation score will be placed on the Approved CHDO List. The City is requiring a multi -step process for a CHDO to use the HOME CHDO Funds. First, the Developer or Sponsor must be approved on the Approved CHDO List in order for the CHDO to be eligible to submit a proposal for a specific project to use the available CHDO HOME Funds. Proposals that are submitted will then be reviewed and approved by staff for use of the CHDO HOME Funds. The evaluation criteria for placement and approval on the Approved CHDO List is as follows: City of Santa Ana Community Development Agency Request for Qualifications for Community Housing Development Organizations (CHDO) Page 7 19F -10 1. Legal Status as a non - profit organization (10 points) 2. Demonstrated capacity for carrying out activities with HOME funds for the organization's selected CHDO role (i.e. Developer, Sponsor or Owner). (20 points) 3. Organizational Structure, including required board composition, process for selecting new board members, and formal process for low- income, program beneficiaries to advise the organization. (20 points) 4. Based on selected CHDO role, demonstrated ability to develop or manage affordable rental units or develop and sell affordable ownership units so as to insure both ongoing compliance with affordability requirements and long term financial solvency. (20 points) 5. Financial Capacity of the Organization (10 points) 6. Service Area of the Organization includes the City of Santa Ana or one of its neighborhood / communities. (20 points) The minimum evaluation score to be placed on the Approved CHDO List is 75 points out of 100 points total. Once the panel has completed its review of the submitted material, organizations that are deemed CHDOs will be certified as CHDOs with the City of Santa Ana and placed on the Approved CHDO List to be recommended for approval by City Council. XV. PUBLIC RECORDS Proposals will become public record after the Approved CHDO List is approved by City Council. Interested offerors may submit a written request, with a self- addressed stamped envelope to receive results of the evaluation. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act. Submit your request to, City of Santa Ana Community Development Agency, Attn: Natalie Verlinich, Housing Programs Analyst, 20 Civic Center Plaza M -26, Santa Ana, CA 92701. XVI. FILING A PROTEST Proposers may file a "protest" with the City's Community Development Agency. In order for a proposer's protest to be considered valid, the protest must: 1. Be filed in writing within five (5) business days of either the RFQ posted date or before 5:00 p.m. of the 5th business day following the posting of RFC, results on the City's website; 2. Clearly identify the specific irregularity or accusation; 3. Clearly identify the specific City staff determination or recommendation being protested; 4. Specify, in detail, the grounds of the protest and the facts supporting the protest; and 5. Include all relevant, supporting documentation with the protest at time of filing. If the protest does not comply with each of these requirements, it will be rejected as invalid. If the protest is valid, the City's Housing Division Manager, or other designated City staff member, shall review the basis of the protest and all relevant information. The Housing Division Manager will provide a written decision to the protestor within fourteen (14) calendar days from receipt of protest. The decision from the Housing Division Manager, or his /her designee, is final and no further appeals will be considered. City of Santa Ana Community Development Agency Request for Qualifications for Community Housing Development Organizations (CHDO) 19F -11 EXHIBIT A SCOPE OF SERVICES CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY Request for Qualifications for Community Housing Development Organizations (CHDO) INTRODUCTION The City of Santa Ana receives HOME Investment Partnerships Program (HOME) funds from the U.S. Department of Housing and Urban Development (HUD) to assist in the production of affordable housing for low- income persons. Under the HOME Program, the City is required to set aside at least 15% of its total annual HOME allocation for housing to be developed, sponsored, or owned by Community Housing Development Organizations (CHDO for very-low and low - income households. This year, the City is conducting a Qualification Process and seeking applications from organizations that can certify as Community Housing Development Organizations (CHDOs) and have the capacity to develop affordable, single - family or multi - family housing for rental or homebuyer activities. These affordable units will target lower income households at or below 80% of the area median income (AMI) per the income requirements of the HOME regulations. Organizations which are successful in the qualification process will be placed on an Approved CHDO List, subject to City Council approval. The organizations placed on the Approved CHDO List will be able to utilize HOME CHDO funds based on the review, approval and selection of the City at its sole discretion for qualified and eligible projects. Approximately $504,550 in HOME CHDO funds is expected to be available under this Request for Qualifications over the next three -year period, subject to approval by the City Council and final funding amounts from HUD. Eligible projects will involve the acquisition /new construction or acquisition /rehabilitation /preservation of affordable single - family or multi- unit housing for homeownership or rental housing. All projects must comply with the regulations of the HOME Program Final Rule (24 CFR Part 92). The City's Approved CHDO List will be in effect for a three -year period or until the CHDO funds are fully expended, whichever comes first. II. GUIDELINES CHDO DEFINITION A CHDO is a private nonprofit, community -based organization that has staff with the capacity to develop affordable housing for the community it serves. In order to qualify for designation as a CHDO, the organization must meet the requirements pertaining to their legal status, organization structure, capacity and experience set forth in 24 CFR 92.2, and be certified by the City of Santa Ana. ELIGIBLE APPLICANTS Eligible applicants are non - profit developers and organizations who wish to become a certified CHDO and provide affordable housing in the City of Santa Ana. Interested applicants must first be qualified based on the criteria established under the HOME regulations (24 CFR Part 92) for CHDOs. The Checklist for CHDO Qualifications (CHDO Checklist) in Exhibit B provides a description and checklist of the specific criteria required to become certified as a CHDO and the documentation to be submitted. The CHDO Checklist must be completed and documentation submitted by all applicants who wish to be qualified and approved as a CHDO in the City of Santa Ana. e� City of Santa Ana Community Development Agency Request for Qualifications for Community Housing Development Organizations (CHDO) Page 9 19F -12 ELIGIBLE USES OF CHDO FUNDS The 15% CHDO set -aside is eligible to be used for new construction or rehabilitation of affordable rental housing projects and affordable homeownership units. The selected and qualified CHDOS will also have a demonstrated history of working cooperatively with surrounding neighborhoods in all phases of project development. Both nonprofit developers and organizations are eligible to apply. CHDO ROLES In July 2013, the U.S. Department of Housing and Urban Development (HUD) issued a Final Rule amending the HOME Program regulations, known as the 2013 HOME Final Rule. The amended regulations have redefined the roles of CHDOs as an Owner, Sponsor or Developer. The 2013 HOME Final Rule defines the CHDO roles as the following: - Owner of Rental Housing - Developer of housing for homeownership - Sponsor of Rental Housing - Sponsor of housing for homeownership - Developer of Rental Housing CHDO CAPACITY REQUIREMENTS The 2013 HOME Final Rule emphasizes that the CHDO must have paid key staff that have housing experience appropriate to the role the CHDO undertakes. USE OF CONSULTANTS TO DEMONSTRATE DEVELOPMENT CAPACITY (New CHDOs Only) The CHDO may hire consultants for the first year to demonstrate development capacity provided that the following conditions are met: 1) The CHDO and the consultant must enter into a written agreement which specifies the tasks to be performed by the consultant; 2) The consultant must demonstrate sufficient experience to perform the assigned tasks; 3) The written agreement must include a provision that the consultant will provide training to CHDO staff; and 4) A detailed training plan must be submitted with the certification application. The plan must specifically state the scope of the training and a timeline for completion of the training. IV. HOME INVESTMENT PARTNERSHIPS PROGRAM (HOME) FUNDING The City of Santa Ana (City) has adopted a Consolidated Five -Year Plan (Plan) that governs its expenditure of formula grant funds received from the U.S. Department of Housing and Urban Development (HUD). The Plan identifies the development of affordable rental housing and homeownership as a high priority. It further stipulates that HOME Investment Partnerships Program funds (HOME) may appropriately be used to meet these goals. City of Santa Ana Community Development Agency Request for Qualifications for Community Housing Development Organizations (CHDO) 19ai -113 In order for HOME funds to be committed, all other financing must be place. HOME Program expenditures are limited to an amount equal to the maximum subsidy limit established by HUD for units based on bedroom size times the number of such units. The maximum subsidy limits are as follows: k of Bedrooms HOME Maximum Subsidy 0 $128,000 1 $148,000 2 $180,000 3 $235,000 4+ $255,000 Only HOME assisted units count toward the calculation of the HOME Program funds that may be invested in a project. HOME assisted units are deed restricted to rents and incomes eligible under the HOME Program. A. TERM OF AFFORDABILITY AND MAXIMUM ALLOWABLE RENTS The selected developer shall enter into a Loan Agreement with the City of Santa Ana. This Agreement and other attendant documents shall provide for repayment of the loan. They shall also impose affordability covenants of no less than fifteen (15) years for acquisition /rehabilitation projects for the HOME affordability period, no less than twenty (20 years) for new construction projects, or until the City loan is repaid whichever is longer. In addition, the City will also impose a general fifty -five (55) year affordability covenant on the project. HOME funded units must, at a minimum be affordable to very -low and low- income households. Allowable rents will be based on the HOME rents published by HUD. Allowable rents must be reduced by a utility allowance for tenant paid utilities. HUD now requires that utility allowances be calculated for each project, and recommends using the model found at the following location: http://huduser.orciloortailresourceslutilm.odel.html B. LOAN TERMS i. Rental Units City assistance will be offered in the form of a long -term loan secured by a promissory note and a deed of trust recorded against the property. If necessary, this loan may be subordinated to loans from other lenders. The loan will carry a 3 percent interest rate payable through residual receipts over a period of fifty -five (55) years. At the close of each fiscal year and as part of a required annual audit, the developer will calculate the amount of residual receipts, and make an annual payment to the City in an amount equal to 50 percent of the residual receipts. C. DISCLOSURES • HUD has recently adopted significant changes to the rules governing the HOME Program. The new rule can be accessed at: https://www. info /programs /home /home - final -rule/ All documents submitted to the City in response to the requirements of this RFQ are subject to public records requests. This includes Financial Statements and other information submitted in response to the new HUD requirement that the City review and evaluate the reasonableness of the return on the developer's investment in the project. The City cannot guarantee that these records will be kept confidential. City of Santa Ana Community Development Agency Request for Qualifications for Community Housing Development Organizations (CHDO) Page 11 19F -14 • The City will require developers to enforce the federal occupancy standard of two persons per bedroom plus one. • The City utilizes rent and income tables developed by HUD, and for 30 percent of median rents, tables developed by the California Tax Credit Allocation Committee. Allowable rents and incomes may remain unchanged or may go down from one year to the next. Attainable rents may be significantly less than allowable rents. The City anticipates that HUD may release new rent and income tables for the HOME Program at some time during the next several months. Both may be lower than the current tables. • Projects with more than eleven (11) HOME Assisted units are subject to Davis -Bacon wage requirements. • HUD regulations prohibit the use of federal funds to pay relocation costs for tenants without a legal right to reside in the United States. State law requires that they be paid for those costs. Consequently the City will require that they be paid out of a nonfederal funding source. • For acquisition /rehabilitation projects the City will require that the developer hire a professional relocation firm to develop and implement a relocation plan. The selected firm must be acceptable to the City. If awarded, for all projects, either new construction or acquisition /rehabilitation, the Developer will be required to provide a Voluntary Letter in accordance with federal regulations. • Unless it will be rent and income restricted, HOME funds cannot be used to pay for the development of a resident manager's unit. • Under the newly revised HOME Program final rule, the City may not enter into a written agreement that commits HOME funds until all other required funding has been secured by means of a firm commitment, a budget and production schedule has been established, and underwriting completed. In order to facilitate this process, the City will require the selected developer to provide evidence of a firm commitment for any additional funds required by the project. If the selected developer cannot provide the financing commitments, their proposal will be denied. • Under the newly revised HOME Program final rule, nonprofits wishing to be certified as CHDOs must have paid staff whose experience qualifies them to undertake CHDO activities. To act as a "developer," a CHDO must be in sole charge of all aspects of the development process, including design, financing and construction. CHDO rental projects "developed" by a CHDO must be owned by the CHDO. Two other CHDO roles and their requirements ( "owner" and "sponsor ") are described in Section 92.300 of the revised rule which is available on HUD's website. Nonprofits seeking HOME funding as CHDOs must identify which of these three roles they will play, and how they meet HUD's requirements. • The newly revised HOME Program final rule includes several mandated progress - related deadlines that will be incorporated into the developer's loan agreement, and that must be incorporated into the project's proposed timeline: o Construction must be underway within a year of the commitment of HOME funds o HOME assisted rental units must be occupied by income - eligible tenants within 18 months of project completion. o HOME projects must be completed within four years of the commitment of HOME funds City of Santa Ana Community Development Agency Request for Qualifications for Community Housing Development Organizations (CHDO) 19age 12 5 V. DEVELOPER REQUIREMENTS AND RESPONSIBILITIES L INSURANCE Prior to undertaking performance of work under this Agreement, Developer shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: 1. Commercial General Liability Insurance. Developer shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting there from and damage to property, resulting from any act or occurrence arising out of Developer's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting there from, and property damage, in the total amount of $2,000,000 per occurrence, $2,000,000 in the aggregate. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $2,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Developer is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Developer agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. 4. The following requirements apply to the insurance to be provided by Developer pursuant to this section: Commercial general liability and business automobile insurance policies shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self- insurance programs maintained by the City; and (c) contain standard separation of insured's provisions. A sample additional insured endorsement is attached hereto as Exhibit B. Developer shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. b. Certificates of insurance shall be furnished to the City upon execution of this Contract and shall be approved in form by the City Attorney. c. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. 5. If Developer fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Contract. Such termination shall not affect Developer's right to be paid for its time and materials expended prior to notification of termination. Developer waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. City of Santa Ana Community Development Agency Request for Qualifications for Community Housing Development Organizations (CHDO) Page 13 19F -16 ii. HOLD HARMLESS/ INDEMNIFICATION To the fullest extent permitted by law, Developer shall indemnify, defend and hold harmless City, its officers, agents and employees (collectively, the "Indemnified Parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to any work performed or services provided under this Contract (including, without limitation, defects in workmanship and /or materials) or Developer's presence or activities conducted performing the work (including the negligent and /or willful acts, errors and /or omissions of Developer, its principals, officers, agents, employees, vendors, suppliers, contractors, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Developer to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of the Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Developer. iii. NOTICE Any notice, tender, demand, delivery or other communication pursuant to this Contract shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by facsimile or other telegraphic communication to the following persons: To City: Clerk of the Council City of Santa Ana 20 Civic Center Plaza (M30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Fax 714 - 647 -6956 With courtesy copy to: Housing Division Manager City of Santa Ana Community Development Agency 20 Civic Center Plaza (M -26) P.O. Box 1988 Santa Ana, CA 92702 -1988 Fax 714 - 667 -2225 iv. TERMINATION The City reserves the right to terminate the contract, without penalty, for cause immediately or without cause. 1. In the event Developer fails or refuses to timely perform any of the provisions of this Agreement in the manner required, or if Developer violates any provision of this Agreement, Developer shall be deemed in City of Santa Ana Community Development Agency Request for Qualifications for Community Housing Development Organizations (CHDO) Pa e 14 19P -17 default. City shall provide written notice of such default to Developer's Project Manager. Developer shall cure said default within a period of two (2) working days. If such cure is not completed in a timely manner, City may assess liquidated damages or terminate the Agreement forthwith by giving written notice to Developer's Project Manager. City may, in addition to the other remedies provided in this Agreement or authorized by law, terminate this Agreement by giving written notice of termination. Developer shall be responsible for all costs incurred by City, including replacement costs of equipment and labor required to provide service during Developer's default. 2. This agreement may be terminated without cause by City upon thirty (30) days written notice delivered to the Developer either personally or by mail. Upon termination, City shall pay to Developer that portion of compensation specified in the Agreement that is earned and unpaid prior to the effective date of termination. V. DEVELOPER OPTION FOR TERMINATION The Developer may request termination of the contract when conditions during the contract make it impossible to perform or when prevented from proceeding with the contract by act of God, by law or official action of a public authority or in the event on nonpayment by the City. Such request will require one - hundred and eighty (180) days written notice prior to contract termination date requested. In the event of nonpayment of undisputed sums by the City, Developer shall give the City thirty (30) working days to cure the alleged breach. VI. EMPLOYMENT OPPORTUNITIES FOR SANTA ANA RESIDENTS Developer shall solicit and advertise employment opportunities to Santa Ana residents. The City shall inform the Developer of areas to publicize recruitment opportunities, such as work centers and community centers. Such effort and procedure will be provided to the City for review. vii. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS 1. Developer shall perform all requirements under this contract in strict observance of and in compliance with all applicable environmental, traffic, safety and any other laws, regulations, ordinances, codes and any other legislative or statutory requirements. 2. Developer warrants that the performance of services under this contract shall be compliant with the current requirements of the Occupational Safety and Health Act (OSHA) and as it may be amended or updated throughout the term of this contract. viii. ASSIGNMENT Inasmuch as the Agreement is intended to secure the specialized services of Developer, Developer may not assign, transfer, delegate or subcontract any interest herein without the prior written consent of City and any such assignment, transfer; delegation or subcontract without the City's prior written consent shall be considered null and void. ix. JURISDICTION —VENUE This Contract has been executed and delivered in the State of California and the validity, interpretation, performance and enforcement of any of the clauses of this Contract shall be determined and governed by the City of Santa Ana Community Development Agency Request for Qualifications for Community Housing Development Organizations (CHDO) Page 15 19F -18 laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Contract. x. FINES The Developer shall be liable for all violation fines levied against the City by State or Federal Agencies and the Courts such as, but not limited to, oil or fluid leaks. City of Santa Ana Community Development Agency Request for Qualifications for Community Housing Development Organizations (CHDO) 19 119 EXHIBIT B CITY OF SANTA ANA CHDO CHECKLIST TO BE INCLUDED IN PROPOSAL CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY Request for Qualifications for Community Housing Development Organizations (CHDO) 2016 CHDO CERTIFICATION CHECKLIST City of Santa Ana HOME Investment Partnerships Program Please complete this form and provide all required attachments in order for your organization to be considered as a Community Housing Development Organization (CHDO) for the City of Santa Ana (City) and placed on the Approved CHDO List. The information contained in this checklist refers to the definition of a CHDO in Subpart A, Section 92.2 of the HOME Program regulations. The checklist is a tool for the City to assist in the collection of the documentation that must be received from the nonprofit and reviewed to determine if it may be certified as a CHDO. Please attach all necessary documentation to support your answers. Organization Legal Name: Federal Tax ID # DUNS Number Chief Executive Officer: Title: CHDO Contact Person: Title: Address: City: State: Zip: Email: Phone: Fax: 1. LEGAL STATUS A. The nonprofit organization is organized under state or local laws, as evidenced by: ❑ A Charter, Page OR ❑ Articles of Incorporation, Page B. No part of its net earnings inure to the benefit of any member, founder, contributor, or individual, as evidenced by: City of Santa Ana Community Development Agency Request for Qualifications for Community Housing Development Organizations (CHDO) Page 17 19F -20 A Charter, Page OR Articles of Incorporation, C. Hasa tax exemption ruling from the IRS under Section 501(c)(3) or (4) of the Internal Revenue Code of 1986, as evidenced by: ❑ A 501(c)(3) or (4) Certificate from the IRS. D. Has, among its purposes, the provision of decent housing that is affordable to very -low and low- income people, as evidenced by a statement in the organization's: ❑ Charter, Page ❑ Articles of Incorporation, Page ❑ By -laws, Page OR ❑ Resolutions 2. SERVICE AREA What are the boundaries of the organization's community service area? ❑ Attach a map or detailed written description of the service area boundaries. Under the HOME Program, for urban areas, the term "community' is defined as one or several neighborhoods, a city, county or metropolitan area. For rural areas, "community" is defined as one or several neighborhoods, a town, village, county or multi- county area. Community cannot be defined as the whole state. 3. CAPACITY A. Conforms to the financial accountability standards of 2 CFR 200.300 -309 / Standards of Financial and Program Management (Formerly 24 CFR 84.21/ OMB A -110, "Standards for Financial Management Systems "), as evidenced by: ❑ A notarized statement by the president or chief financial officer of the organization; ❑ A Certification from a Certified Public Account; OR ❑ A HUD approved audit summary. B. Has a demonstrated capacity for carrying out activities assisted with HOME funds, as evidenced by: ❑ Resumes and /or statements that describe the experience of key staff members, with housing experience appropriate to the role the nonprofit expects to play in project (i.e. developer, sponsor or owner) and who have successfully completed projects similar to those to be assisted with HOME funds, OR ❑ (Only in the first year of existence) Contract(s) with an included Training Plan component with consultant firms or individuals, who have housing experience similar to projects to be assisted with HOME funds, to train appropriate key staff of the organization. City of Santa Ana Community Development Agency Request for Qualifications for Community Housing Development Organizations (CHDO) 19 1 1 C. Hasa history of serving the community, within which housing to be ass with home funds is to be located, as evidenced by: ❑ a statement that documents at least one year of experience in serving the community, OR ❑ For newly created organizations formed by local churches, service or community organizations, a statement that documents that its parent organization has at least one year of experience in serving the community. NOTE: The CHDO, or its' parent organization, must be able to show one year of serving the community prior to the date the participating jurisdiction provides HOME funds to the organization. In the statement, the organization must describe its' history (or its' parent organization's history) of serving the community by describing activities which it provided (or its' parent organization provided), such as developing new housing, rehabilitating existing stock and managing housing stock, or delivering non - housing services that have had lasting benefits for the community, such as counseling, food relief or child care facilities. The statement must be signed by the president of the organization or other official of the organization. 4. ORGANIZATIONAL STRUCTURE A. Maintains at least one -third of its governing board's membership for residents of low- income neighborhoods, other low- income community residents, or elected representatives of low - income neighborhood organizations, as evidenced by the organization's: ❑ By -Laws, ❑ Charter, OR ❑ Articles of Incorporation. NOTE: Under the HOME Program, for urban areas, the term "community" is defined as one or several neighborhoods, a city, county, or metropolitan area. B. Please complete the chart below with your organization's board members: Public Low- Income Elected Rep. Resident of the of Low - Income Other Board Member Name Sector Community or Neighborhood (check Address, City, State, Zip (check Neighborhood Organization box) box) (check box) (check box) 1. ❑ ❑ ❑ ❑ 2. ❑ ❑ ❑ ❑ 3. ❑ ❑ ❑ ❑ City of Santa Ana Community Development Agency Request for Qualifications for Community Housing Development Organizations (CHDO) Page 19 19F -22 4. ❑ ❑ ❑ ❑ 5 ❑ ❑ ❑ ❑ 6. ❑ ❑ ❑ ❑ 7. ❑ ❑ ❑ ❑ 8. ❑ ❑ ❑ ❑ 9. ❑ ❑ ❑ ❑ 10. ❑ ❑ ❑ ❑ 11. ❑ ❑ ❑ ❑ 12. ❑ ❑ ❑ ❑ 13. ❑ ❑ ❑ ❑ 14. ❑ ❑ ❑ ❑ 15. ❑ ❑ ❑ ❑ City of Santa Ana Community Development Agency Request for Qualifications for Community Housing Development Organizations (CHDO) 161F-h ❑ submit documentation of the home address of each board member and which of the three types of low / moderate criteria they meet (low- income, public sector, other) for review by staff. Documentation must be collected at least annually and maintained on file in your office. C. Provides a formal process (this is in addition to the board representation requirement) for low- income, program beneficiaries to advise the organization in all of its decisions regarding the design, siting, development, and management of all affordable housing projects, as evidenced by: ❑ The Organization's By -laws, Page ❑ Resolutions, Page, OR ❑ Written plan /statement of operating procedures approved by the governing body. Attach the plan /statement with the board resolution. ❑ Submit documentation of how the formal process was followed during the last year, the input received and how the organization used this input to make decisions. Documentation must be collected at least annually and maintained on file in your office. D. A CHDO may be chartered by the state or local government, but the following restrictions apply: (1) the state or local government may not appoint more than one -third of the membership of the organization's governing body; (2) the board members appointed by the state or local government may not, in turn, appoint the remaining two-thirds of the board members; and (3) no more than one -third of the governing board members are public officials (including any employees of the participating jurisdiction), as evidenced by the organization's: ❑ By -laws, Page ❑ Charter, Page OR ❑ Articles of Incorporation, Page E. If the CHDO is sponsored or created by a for - profit entity, the for - profit entity may not appoint more than one -third of the membership of the CHDOs governing body, and the board members appointed by the for - profit entity may not, in turn, appoint the remaining two - thirds of the board members, as evidenced by the CHDOs: ❑ By -laws, Page ❑ Charter, Page OR ❑ Articles of Incorporation, Page 5. RELATIONSHIP WITH FOR- PROFIT ENTITIES A. The CHDO is not controlled, nor receives directions from individuals, or entities seeking profit from the organization, as evidenced by: The Organization's By -laws, Page OR A Memorandum of Understanding (MOU). City of Santa Ana Community Development Agency Request for Qualifications for Community Housing Development Organizations (CHDO) Page 21 19F -24 B. A CHDO may be sponsored or created by a for - profit entity, however: 1) The for - profit entity's primary purpose does not include the development or management of housing, as evidenced by: ❑ The for - profit organization's By -Laws, Page AND; 2) The CHDO is free to contract for goods and services from vendor(s) on its own choosing, as evidenced by the CHDO's: ❑ By -laws, Page ❑ Charter, Page ❑ Articles of Incorporation OR ❑ In the for - profit organization's By -laws, Page IN ADDITION TO THE DOCUMENTS ABOVE, PLEASE SUBMIT THE FOLLOWING: ❑ List of Board members, affiliations and place of employment; ❑ A description of the manner in which Board members are selected; ❑ Staffing Plan or list of staff members of the organization and their positions; ❑ Board of Directors meeting schedule for the next six months, including time and location; ❑ Copies of minutes of last two Board meetings ❑ Signed certification for each Board member that is fulfilling the low- income representation requirement. (See Attachment A) Certifications must state in which of the following ways the Board member meets the low- income requirement: (a) Has annual gross income less than 80% of the Area Median Income; or (b) Is a resident of a low- income neighborhood (at least 51% of the residents have an annual gross income less than 80% of the current Area Median Income); or (c) Is an elected representative of an organization composed primarily of residents of a low- income neighborhood (at least 51% of the residents have an annual gross income less than 80% of the current Area Median Income). REQUIRED CORE HOUSING DEVELOPMENT COMPETENCIES: Developer applicants must have paid staff that possess the core competencies listed herein (depending on the project and whether the applicant will be an Owner, Developer or Sponsor), and must have a staffing plan specifying the number of full -time staff persons and percentages of these persons' working hours which are allotted to housing projects. The required core housing development competencies are the knowledge, skills and abilities to: A) Conduct market /needs analyses and conceptual project design; B) Choose and negotiate purchase of a suitable site; C) Select and work with architects and other consultants; D) Understand and comply with local planning, zoning and building requirements; E) Create a development pro forma and operating budget; F) Set rents or sales prices; G) Identify financing sources and apply for funding; H) Comply with other lender requirements; 1) Deal with community concerns; J) Comply with CEQA and NEPA requirements; K) Choose and work with construction contractors; City of Santa Ana Community Development Agency Request for Qualifications for Community Housing Development Organizations (CHDO) P e 22 19r -25 L) Manage the construction process; M) Choose and work with a management agent; N) Successfully market a project; 0) Comply with HOME program requirements, construction close -out and long -term obligations. The City reserves the right to request additional information from applicants in order to verify documentation submitted. It is applicant's responsibility to provide adequate documentation and evidence to demonstrate it meets the requirements for CHDO Certification. Please attach the following information to this application: A. Completed Checklist for CHDO Qualifications B. Mission of Agency /Organization C. Current Agency Budget D. Any other supporting information as necessary City of Santa Ana Community Development Agency Request for Qualifications for Community Housing Development Organizations (CHDO) Page 23 19F -26 Applicant Affidavit, Release and Certification Form I /We certify that this application is presented in good faith and that the information is true, accurate and completed to the best of my /our knowledge, and should the application be approved, I /We am /are prepared to enter into any agreement /s necessary to initiate the implementation of the proposed activity and assure compliance with all requirements related thereto. Printed Name: Signature: Title: Date: Printed Name: Signature: Title: Date: City of Santa Ana Community Development Agency Request for Qualifications for Community Housing Development Organizations (CHDO) Pa e 24 19F -27 ATTACHMENT A BOARD MEMBER INFORMATION As a board member of a designated Community Housing Development Organization (CHDO), please provide the following information. BOARD MEMBER NAME: ADDRESS: PHONE #: OCCUPATION: PLEASE CHECK ALL OF THE FOLLOWING THAT APPLY TO YOU: O I am a resident of a low- income neighborhood. (This does not mean that you must qualify for low - income status, only that your residence is located in a low - income neighborhood where at least 51% of the residents have an annual gross income less than 80% of the current Area Median Income.) () I am a low- income resident of the community. (Low- income is defined as less than 80% of the Area Median Income. Community is defined as: neighborhood, city, county, or metropolitan area.) () I am an elected representative of a low- income neighborhood organization. (Low- income organizations are composed primarily of residents of a low- income neighborhood. Examples of such organizations are: block groups, neighborhood watch organizations, civic associations, neighborhood church groups, etc. The group must be a neighborhood organization and may not be the CHDO itself.) () I am a representative of the public sector, (A public sector representative is any elected public official, any appointed public official, any public /government employee of a public agency or department, or any individual who is appointed by a public official to serve on a CHDO board.) ( ) None of the statements above apply. I certify that the information is true and correct. Board Member Signature Member Printed Name Title Date ss e City of Santa Ana Community Development Agency Request for Qualifications for Community Housing Development Organizations (CHDO) Page 25 19F -28 ATTACHMENT B CHDO BOARD COMPLIANCE CERTIFICATION I, _ , (Chairperson of the Board) certify that (the CHDO) will at all times maintain at least one -third of the membership of the Board of Directors for: 1) residents of the CHDO's geographic service area who are low- income; 2) residents of the CHDO's geographic service area who live in a low- income neighborhood; or 3) representatives elected by a low- income neighborhood organization as evidenced by some action by the low- income neighborhood organization's governing body. I further certify that the Board of Directors regarding the investment of HOME funds shall take no action without one - third low- income representation on the Board. I further certify that no more than one -third of the Board membership shall be public officials, including elected officials, appointed public officials, public employees, and board members appointed by a public official. I further certify that a State or local government has not appointed more than one - third of the Board membership and that Board members appointed by a State or local government have not appointed the remaining two - thirds of the Board members. I further certify that, if my organization is sponsored or created by a for- profit entity, (a) the for- profit entity has not appointed more than one -third of the membership of the Board membership and that Board members appointed by a for - profit entity have not appointed the remaining two - thirds of the Board members and (b) the for - profit entity is not an entity whose primary purpose is the development or management of housing, such as a builder, developer, or real estate management firm. I further certify that the CHDO is free to contract for goods and services from vendors of its own choosing. Board Chairperson Signature Title Board Chairperson Printed Name Date City of Santa Ana Community Development Agency Request for Qualifications for Community Housing Development Organizations (CHDO) Pa e 26 19P' -29 EXHIBIT C CITY OF SANTA ANA PROPERTY STANDARDS CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY Request for Qualifications for Community Housing Development Organizations (CHDO) PREFACE /INTRODUCTION This document provides property standards for the various housing activities that receive HOME assistance. Its purpose is to address the federal requirements that apply and to further define the applicability of state and local codes adopted by the City of Santa Ana. This is not a stand -alone document. Contractors and developers are advised to visit the California Building Standards Commission web page at www.bsc.ca.gov Home`asx and the Santa Ana Municipal Code at https://Iibrary.municode.com/index,asr)x?clientld=144-r-). STATE AND LOCAL CODES California Code of Regulations • Title 24 • California Building Standards Administrative Code • California Building Code • California Residential Building Code • California Electric Code • California Mechanical Code • California Plumbing Code • California Energy Code • California Historical Building Code • California Fire Code o California Existing Building Code o California Green Building Standards Code o California Reference Standards Code. • Title 8, Division 1, Chapter 4, Subchapter 6 (Elevator Construction Requirements) • Title 19 (Adoptions by the Office of the State Marshal) • Title 21 (Adoptions by the Division of State Architect) • Title 25 (Adoptions by the Department of Community Development for Mobile Home and Special Occupancy Parks) Santa Ana Municipal Code https: // library. municode .com /index.aspx ?clientld =14452 Manufactured homes, mobile homes and mobile home parks are regulated by the California Department of Housing and Community Development. Applicable codes and standards can be found at http: / /www.hcd.cagov /codes /, NEW CONSTRUCTION PROJECTS SECTION 504 City of Santa Ana Community Development Agency Request for Qualifications for Community Housing Development Organizations (CHDO) Page 27 19F -30 Multi- family projects with five or more dwelling units shall be designed and constructed to be readily accessible to and usable by persons with disabilities. This requirement applies to both the individual units and the common area. A minimum of 5 percent of the dwelling units in the project (but not less than one unit) shall be accessible to individuals with mobility impairments. An additional 2 percent of the dwelling units (but not less than one unit) shall be accessible to individuals with hearing or vision impairments. Dwelling units designed and constructed in accordance with the Uniform Federal Accessibility Standards (UFAS) are deemed to comply with the Section 504 regulation. Accessible units must be (to the maximum extent feasible) distributed throughout the projects and sites, and must be available in a sufficient range of sizes and amenities so as not to limit choice. VISIT - ABILITY Multi- family projects with four or less dwelling units and single family dwelling units shall be designed and constructed in a manner that individuals with mobility limitations can reasonably sustain occupancy. GREEN BUILDING Multi- family projects with four or less dwelling units and single - family dwelling units shall be designed and constructed to meet or exceed the California Energy Code and the California Green Building Standards Code. Multi- family projects with five or more dwelling units shall be designed and constructed to achieve a minimum LEED certification of Silver. DISASTER MITIGATION STANDARDS Disaster mitigation standards are included in the state and local codes adopted by the City of Santa Ana. QUALITY / DURABILITY The quality and durability of all new construction housing projects shall exceed the minimum standards established by the construction industry and various trades. MATERIALS & EQUIPMENT All materials and equipment shall comply with all applicable state and local codes adopted by the City of Santa Ana and all applicable standards described herein. All materials and equipment shall be new, in excellent condition, and delivered to the project in the manufacturer's original packaging. REHABILITATION Upon completion, all rehabilitation projects shall meet all applicable state and local codes adopted by the City of Santa Ana and all applicable standards described herein. LEAD BASED PAINT All housing built before 1978 must comply with 24 CFR Part 35 Subpart J and HUD's Lead Safe Housing Rule regarding the evaluation and control of lead -based paint hazards. HUD's guidelines are available at http://www.hud.gov/offices/"lead/"lbp/­­hudguidelines/index.cfm ACCESSIBILITY & USABILITY To the extent possible and practical, multi - family rehabilitation projects shall incorporate measures to improve the accessibility and usability of the property by persons with disabilities. The rehabilitation of a single - family dwelling unit occupied by a person or persons with GREEN BUILDING Standard measures related to energy conservation, energy efficiency, water conservation and the use of recycled materials have been incorporated herein. City of Santa Ana Community Development Agency Request for Qualifications for Community Housing Development Organizations (CHDO) Pa e 28 19� -31 DURABILITY Standard measures related to the durability of all major systems have been incorporated herein. MATERIALS & EQUIPMENT All materials and equipment shall comply with all applicable state and local codes adopted by the City of Santa Ana and all applicable standards described herein. All materials and equipment shall be new, in excellent condition, and delivered to the project in the manufacturer's original packaging. DISASTER MITIGATION STANDARDS Disaster mitigation standards are included in the state and local codes adopted by the City of Santa Ana. ACQUISITION (RENTAL HOUSING) Prior to acquisition, rental housing shall comply with all applicable state and local codes adopted by the City of Santa Ana and all applicable standards described herein. LEAD BASED PAINT All housing built before 1978 must comply with 24 CFR Part 35 Subpart J and HUD's Lead Safe Housing Rule regarding the evaluation and control of lead -based paint hazards. HUD's guidelines are available at bitp_l/www.hud.gov/offices/­"lead/­lbp/hudguidelinesLindex.cfm /www.hud.gov/ off ices / lead /Ibp /hudguidelines /index.cfm DURABILITY Standard measures related to the durability of all major systems have been incorporated herein. DISASTER MITIGATION STANDARDS Disaster mitigation standards are incorporated in the state and local codes adopted by the City of Santa Ana. ONGOING COMPLIANCE Compliance with the codes and standards referenced above is required throughout the affordability period. ACQUISITION (HOMEOWNERSHIP) Prior to acquisition, homeownership housing shall comply with all applicable state and local codes adopted by the City of Santa Ana and the property standards described herein. LEAD BASED PAINT All housing built before 1978 must comply with 24 CFR Part 35 Subpart 1 and HUD's Lead Safe Housing Rule regarding the evaluation and control of lead -based paint hazards. HUD's guidelines are available at http: / /www hud.gov/ offices /lead /Ibp /hudguidelineLndex.cfm. ONGOING COMPLIANCE Rental housing that received HOME assistance shall comply with all applicable state and local codes adopted by the City of Santa Ana and all applicable standards described herein. The property must be maintained in a decent, safe and sanitary condition throughout the affordability period. SITE GRADING / DRAINAGE City of Santa Ana Community Development Agency Request for Qualifications for Community Housing Development Organizations (CHDO) Page 29 19F -32 NEW CONSTRUCTION PROJECTS • Compliance with all current codes, standards and ordinances is required. REHAB / ACQUISITION / ON -GOING COMPLIANCE • Compliance with all applicable codes (federal, state, and local) is generally required. Some pre- existing, non - conforming conditions may be allowed as long as required permits were obtained and they meet the minimum standards described below. MINIMUM STANDARDS (REHAB / ACQUISITION / ON -GOING COMPLIANCE) • The grading and drainage of a site shall be free of any adverse conditions determined to be a health and safety risk. • The ground shall slope away from buildings, structures and adjacent properties. • Water from downspouts, surface gutters and shall be directed away from building foundations. • Drains and piping shall be clear of leaves, earth and debris. • The site shall be free of excessive ponding and stagnant water. ON -GOING COMPLIANCE • Deficiencies that pose an imminent threat to public health or safety must be addressed immediately. SITE PAVING \ tip% 1�: Qit/ e\ 'b�Z7 ►�L�ti1 /_ \'bY1�17b \INIY�[I NEW CONSTRUCTION PROJECTS • Compliance with all current codes, standards and ordinances is required. REHAB / ACQUISITION / ON -GOING COMPLIANCE • Compliance with all applicable codes (federal, state, and local) is generally required. Some pre- existing, non - conforming conditions may be allowed as long as required permits were obtained and they meet the minimum standards described below. MINIMUM STANDARDS (REHAB / ACQUISITION / ON -GOING COMPLIANCE) • All paving shall be relatively safe and sound and free of any significant defects, damage or deterioration. • Paved areas shall be free of trip hazards. • Paved areas immediately adjacent to buildings shall slope away from walls. Estimated Remaining Useful Life (ERUL) • Paving shall have an ERUL of at least five years. • Housing projects consisting of 26 or more units are required to provide a capital needs assessment to ensure that the paving will be maintained during the period of affordability. ON -GOING COMPLIANCE • Deficiencies that pose an imminent threat to public health or safety must be addressed immediately. SITE RETAINING WALLS City of Santa Ana Community Development Agency Request for Qualifications for Community Housing Development Organizations (CHDO) 1 MY -.33 NEW CONSTRUCTION PROJECTS • Compliance with all current codes, standards and ordinances is required. REHAB / ACQUISITION / ON -GOING COMPLIANCE • Compliance with all applicable codes (federal, state, and local) is generally required. Some pre- existing, non - conforming conditions may be allowed as long as required permits were obtained and they meet the minimum standards described below. MINIMUM STANDARDS (REHAB / ACQUISITION / ON -GOING COMPLIANCE) • All retaining walls shall be safe, sound and free of significant defects, damage or deterioration. • Retaining walls shall be free of vertical and horizontal bulging and cracks. • Retaining walls shall be free of settling and heaving. Estimated Remaining Useful Life (ERUL) • Retaining walls shall have an ERUL of at least five years. • Housing projects consisting of 26 or more units are required to provide a capital needs assessment to ensure that retaining walls will be maintained during the period of affordability. ON -GOING COMPLIANCE • Deficiencies that pose an imminent threat to public health or safety must be addressed immediately. SITE FENCING AND GATES NEW CONSTRUCTION PROJECTS • Compliance with all current codes, standards and ordinances is required. REHAB / ACQUISITION / ON -GOING COMPLIANCE • Compliance with all applicable codes (federal, state, and local) is generally required. Some pre- existing, non - conforming conditions may be allowed as long as required permits were obtained and they meet the minimum standards described below. MINIMUM STANDARDS (REHAB / ACQUISITION / ON -GOING COMPLIANCE) • All walls, fencing and gates shall be safe, sound and free of significant defects, damage or deterioration. • Wood fencing shall be relatively plumb and free of damage or deterioration including but not limited to rot or insect infestation. • Metal fencing shall be free of damage or deterioration including but not limited to rust or peeling paint. Walls shall be free of vertical and horizontal bulging, settling and heaving. Gates and all associated hardware shall be functioning properly. Damaged or deteriorated paint shall be evaluated for the presence of lead and the control of lead -based hazards in housing built before 1978. Estimated Remaining Useful Life (ERUL) • Walls, fencing and gates shall have an ERUL of at least five years. • Housing projects consisting of 26 or more units are required to provide a capital needs assessment to ensure that walls, fencing and gates will be maintained during the period of affordability. City of Santa Ana Community Development Agency Request for Qualifications for Community Housing Development Organizations (CHDO) Page 31 19F -34 ON -GOING COMPLIANCE • Deficiencies that pose an imminent threat to public health or safety must be addressed immediately. SITE LANDSCAPING AND IRRIGATION I NEW CONSTRUCTION PROJECTS • Compliance with all current codes, standards and ordinances is required. • The use of drought and disease resistant vegetation, water efficient sprinklers, and EPA Water -Sense labeled irrigation controllers is required. REHAB / ACQUISITION / ON -GOING COMPLIANCE • Compliance with all applicable codes (federal, state, and local) is generally required. Some pre- existing, non - conforming conditions may be allowed as long as required permits were obtained and they meet the minimum standards described below. • The use of drought and disease resistant vegetation, water efficient sprinklers, and EPA Water -Sense labeled irrigation controllers is required for substantial rehab projects. MINIMUM STANDARDS (REHAB / ACQUISITION / ON -GOING COMPLIANCE) • All landscaping and irrigation shall be reasonably maintained and free of any adverse conditions determined to be a health and safety hazard. • Landscaping shall be relatively healthy and free of disease or infestation. • Landscaping that is damaging or threatening to damage a building shall be trimmed or removed. • Overgrown landscaping that obstructs access to or egress from a property shall be trimmed or removed. • Irrigation systems shall be functioning properly. ON -GOING COMPLIANCE • Deficiencies that pose an imminent threat to public health or safety must be addressed immediately. SITE SITE LIGHTING NEW CONSTRUCTION PROJECTS • Compliance with all current codes, standards and ordinances is required. • The use of appropriate timers and Energy Star labeled fixtures is required. REHAB/ ACQUISITION / ON -GOING COMPLIANCE • Compliance with all applicable codes (federal, state, and local) is generally required. Some pre- existing, non - conforming conditions may be allowed as long as required permits were obtained and they meet the minimum standards described below. • The use of appropriate timers and Energy Star labeled fixtures is required for substantial rehab projects. MINIMUM STANDARDS (REHAB / ACQUISITION / ON -GOING COMPLIANCE) • The site lighting shall be safe, functioning properly, and free of any adverse conditions determined to be a health and safety hazard. City of Santa Ana Community Development Agency Request for Qualifications for Community Housing Development Organizations (CHDO) 1glr3i5 • All electrical fixtures shall be approved for exterior locations. • Exposed wiring shall be installed in rigid EMT pipe with compression fittings. ON -GOING COMPLIANCE • Deficiencies that pose an imminent threat to public health or safety must be addressed immediately. EXTERIOR STAIRS, RAILINGS AND LANDINGS NEW CONSTRUCTION PROJECTS • Compliance with all current codes, standards and ordinances is required. REHAB / ACQUISITION / ON -GOING COMPLIANCE • Compliance with all applicable codes (federal, state, and local) is generally required. Some pre- existing, non - conforming conditions may be allowed as long as required permits were obtained and they meet the minimum standards described below. MINIMUM STANDARDS (REHAB / ACQUISITION / ON -GOING COMPLIANCE) • Exterior stairs and railing shall be safe, sound and free of significant defects, damage or deterioration. • Wood stairs and railing shall be free of rot, infestation and deteriorated paint. • Iron stairs and railing shall be free of damage or deterioration including but not limited to rust or peeling paint. • Stair riser heights and tread depths shall be relatively uniform. • Stair treads shall be sound and as level as possible. Damaged or deteriorated paint shall be evaluated for the presence of lead and the control of lead -based hazards in housing built before 1978. ON -GOING COMPLIANCE Deficiencies that pose an imminent threat to public health or safety must be addressed immediately. GARAGES, CARPORTS AND OUTBUILDINGS NEW CONSTRUCTION PROJECTS • Compliance with all current codes, standards and ordinances is required. REHAB / ACQUISITION / ON -GOING COMPLIANCE • Compliance with all applicable codes (federal, state, and local) is generally required. Some pre- existing, non - conforming conditions may be allowed as long as required permits were obtained and they meet the minimum standards described below. MINIMUM STANDARDS (REHAB / ACQUISITION / ON -GOING COMPLIANCE) • Garages, carports and outbuildings shall be safe, sound and free of significant defects, damage or deterioration. • Garages, carports and outbuildings that have been illegally converted into living space shall be returned to their original use. • Doors providing direct access from an attached garage to a bedroom are not permitted. City of Santa Ana Community Development Agency Request for Qualifications for Community Housing Development Organizations (CHDO) Page 33 19F -36 Damaged or deteriorated paint shall be evaluated for the presence of lead and the control of lead -based hazards in housing built before 1978. ON -GOING COMPLIANCE • Deficiencies that pose an imminent threat to public health or safety must be addressed immediately. ME POOLS AND SPAS NEW CONSTRUCTION PROJECTS • Compliance with all current codes, standards and ordinances is required. REHAB / ACQUISITION / ON -GOING COMPLIANCE • Compliance with all applicable codes (federal, state, and local) is generally required. Some pre- existing, non- conforming conditions may be allowed as long as required permits were obtained and they meet the minimum standards described below. MINIMUM STANDARDS (REHAB / ACQUISITION / ON -GOING COMPLIANCE) • Pools and spas shall be well maintained and free of any adverse conditions determined to be a health and safety hazard. • Abandoned pools and spas shall be filled solid with granular material to prevent flotation and capped with soil. The pool and spa walls shall be perforated with sufficient openings to permit in- filtration and ex- filtration of groundwater. All connections to water supply shall be capped in accordance with applicable codes. All electrical connections are to be terminated or disconnected in accordance with the electrical code. • Fencing shall comply with all applicable state and local codes adopted by the City of Santa Ana. ON -GOING COMPLIANCE • Deficiencies that pose an imminent threat to public health or safety must be addressed immediately. BUILDING EXTERIOR FOUNDATIONS NEW CONSTRUCTION PROJECTS • Compliance with all current codes, standards and ordinances is required. REHAB / ACQUISITION / ON -GOING COMPLIANCE • Compliance with all applicable codes (federal, state, and local) is generally required. Some pre- existing, non - conforming conditions may be allowed as long as required permits were obtained and they meet the minimum standards described below. MINIMUM STANDARDS (REHAB / ACQUISITION / ON -GOING COMPLIANCE) • All foundations shall be safe and sound and free of significant defects, damage or deterioration, and any other adverse conditions determined to be health and safety hazard. • Floorjoists, girders, and posts shall be free of rot, water damage and insect infestation. City of Santa Ana Community Development Agency Request for Qualifications for Community Housing Development Organizations (CHDO) 19I -37 • Slabs shall be free of significant cracks, settling and heaving. • Raised foundations shall be properly ventilated and free of excessive moisture. Estimated Remaining Useful Life (ERUL) • Foundations shall have an ERUL of at least fifteen years. • Housing projects consisting of 26 or more units are required to provide a capital needs assessment to ensure that foundations will be maintained during the period of affordability. ON -GOING COMPLIANCE • Deficiencies that pose an imminent threat to public health or safety must be addressed immediately. BUILDING EXTERIOR PORCHES AND BALCONIES NEW CONSTRUCTION PROJECTS • Compliance with all current codes, standards and ordinances is required. REHAB / ACQUISITION / ON -GOING COMPLIANCE • Compliance with all applicable codes (federal, state, and local) is generally required. Some pre- existing, non - conforming conditions may be allowed as long as required permits were obtained and they meet the minimum standards described below. MINIMUM STANDARDS (REHAB / ACQUISITION / ON -GOING COMPLIANCE) • All decks, porches and balconies shall be safe, sound and free of significant defects, damage or deterioration. • All wood components shall be free of rot, water damage, termite damage and deteriorated paint. • All iron or metal shall be free of damage, rust and deteriorated paint. Damaged or deteriorated paint shall be evaluated for the presence of lead and the control of lead -based hazards in housing built before 1978. Estimated Remaining Useful Life (ERUL) • Structurally, all decks, porches and railing shall have an ERUL of at least fifteen years. • Finishes shall have an ERUL of at least five years. • Housing projects consisting of 26 or more units are required to provide a capital needs assessment to ensure that decks, porches and balconies will be maintained during the period of affordability. ON -GOING COMPLIANCE • Deficiencies that pose an imminent threat to public health or safety must be addressed immediately. BUILDING EXTERIOR CHIMNEYS City of Santa Ana Community Development Agency Request for Qualifications for Community Housing Development Organizations (CHDO) Page 35 19F -38 NEW CONSTRUCTION PROJECTS • Compliance with all current codes, standards and ordinances is required. REHAB / ACQUISITION / ON -GOING COMPLIANCE • Compliance with all applicable codes (federal, state, and local) is generally required. Some pre- existing, non - conforming conditions may be allowed as long as required permits were obtained and they meet the minimum standards described below. MINIMUM STANDARDS (REHAB / ACQUISITION / ON -GOING COMPLIANCE) • All chimneys shall be safe, sound and free of significant defects, damage or deterioration. • Chimneys shall be relatively plumb and free of loose or deteriorated mortar. • Chimneys shall be free of significant settling or heaving. • Chimneys attached to any appliance or fireplace that burns solid fuel shall be equipped with an approved spark arrestor. Damaged or deteriorated paint shall be evaluated for the presence of lead and the control of lead -based hazards in housing built before 1978. When applicable, damaged or deteriorated materials shall be evaluated for the presence of asbestos and the control of asbestos hazards. Estimated Remaining Useful Life (ERUL) • Chimneys shall have an ERUL of at least five years. • Housing projects consisting of 26 or more units are required to provide a capital needs assessment to ensure that chimneys will be maintained during the period of affordability. ON -GOING COMPLIANCE • Deficiencies that pose an imminent threat to public health or safety must be addressed immediately. BUILDING EXTERIOR EXTERIOR WALLS NEW CONSTRUCTION PROJECTS • Compliance with all current codes, standards and ordinances is required. REHAB / ACQUISITION / ON -GOING COMPLIANCE • Compliance with all applicable codes (federal, state, and local) is generally required. Some pre- existing, non - conforming conditions may be allowed as long as required permits were obtained and they meet the minimum standards described below. • Gut Rehab —All exterior walls shall be insulated regardless of pre- existing, non - conforming conditions. MINIMUM STANDARDS (REHAB / ACQUISITION / ON -GOING COMPLIANCE) • All exterior walls shall be safe, sound and free of significant defects, damage or deterioration. • Exterior walls shall be weather- tight. • Stucco, siding, veneer and trim shall be intact. • Painted surfaces shall be free of damage or deterioration. Damaged or deteriorated paint shall be evaluated for the presence of lead and the control of lead -based hazards in housing built before 1978. When applicable, damaged or deteriorated materials shall be evaluated for the City of Santa Ana Community Development Agency Request for Qualifications for Community Housing Development Organizations (CHDO) 161r iq presence of asbestos and the control of asbestos Estimated Remaining Useful Life (ERUL) • Structurally, all exterior walls shall have an ERUL of at least fifteen years. • Finishes shall have an ERUL of at least five years. • Housing projects consisting of 26 or more units are required to provide a capital needs assessment to ensure that walls will be maintained during the period of affordability. ON -GOING COMPLIANCE • Deficiencies that pose an imminent threat to public health or safety must be addressed immediately. BUILDING EXTERIOR ROOFS NEW CONSTRUCTION PROJECTS • Compliance with all current codes, standards and ordinances is required. • To the extent possible, new construction projects shall use roofing that is light in color to prevent heat gain. REHAB / ACQUISITION / ON -GOING COMPLIANCE • Compliance with all applicable codes (federal, state, and local) is generally required. Some pre- existing, non - conforming conditions may be allowed as long as required permits were obtained and they meet the minimum standards described below. MINIMUM STANDARDS (REHAB / ACQUISITION / ON -GOING COMPLIANCE) • All roofs shall be safe, sound, weather -tight and free of significant defects, damage or deterioration. • Wood components shall be free of dry rot, water damage and termite damage. • Metal flashing shall be intact and painted. • Gutters and downspouts (if present) shall be maintained and functioning properly. Damaged or deteriorated paint shall be evaluated for the presence of lead and the control of lead -based hazards in housing built before 1978. When applicable, damaged or deteriorated materials shall be evaluated for the presence of asbestos and the control of asbestos hazards. Estimated Remaining Useful Life (ERUL) • Structurally, roofs shall have an ERUL of at least fifteen years. Roof coverings shall have an ERUL of at least five years. • Housing projects consisting of 26 or more units are required to provide a capital needs assessment to ensure that roofs will be maintained during the period of affordability. ON -GOING COMPLIANCE • Deficiencies that pose an imminent threat to public health or safety must be addressed immediately. BUILDING EXTERIORS EXTERIOR DOORS City of Santa Ana Community Development Agency Request for Qualifications for Community Housing Development Organizations (CHDO) Page 37 19F -40 NEW CONSTRUCTION PROJECTS • Compliance with all current codes, standards and ordinances is required. • The use of Energy Star labeled doors is required. REHAB / ACQUISITION / ON -GOING COMPLIANCE • Compliance with all applicable codes (federal, state, and local) is generally required. Some pre- existing, non - conforming conditions may be allowed as long as required permits were obtained and they meet the minimum standards described below. • The use of Energy Star labeled doors is required for doors that are being replaced. MINIMUM STANDARDS (REHAB / ACQUISITION / ON -GOING COMPLIANCE) • All exterior doors shall be safe, sound, weather -tight and free of significant defects, damage or deterioration. • Door jams shall be free of significant damage including dry rot, water damage and termite damage. • All hardware shall be functioning properly. • Sliding glass doors shall be equipped with tempered glass. • Illegal or inoperative security bars shall be removed. • Wood surfaces shall be free of damaged or deteriorated paint. Damaged or deteriorated paint shall be evaluated for the presence of lead and the control of lead -based hazards in housing built before 1978. Estimated Remaining Useful Life (ERUL) Exterior doors shall have an estimated remaining useful life of at least five years. Housing projects consisting of 26 or more units are required to provide a capital needs assessment to ensure that the doors will be maintained during the period of affordability. ON -GOING COMPLIANCE • Deficiencies that pose an imminent threat to public health or safety must be addressed immediately. BUILDING EXTERIOR WINDOWS NEW CONSTRUCTION PROJECTS • Compliance with all current codes, standards and ordinances is required. • The use of Energy Star labeled windows is required. REHAB / ACQUISITION / ON -GOING COMPLIANCE • Compliance with all applicable codes (federal, state, and local) is generally required. Some pre- existing, non - conforming conditions may be allowed as long as required permits were obtained and they meet the minimum standards described below. • The use of Energy Star labeled doors is required for windows that are being replaced. MINIMUM STANDARDS (REHAB / ACQUISITION / ON -GOING COMPLIANCE) • All windows shall be safe, sound, weather -tight and free of significant defects, damage or deterioration. • Windows shall be free of cracked or broken glass, missing screen and inoperative hardware. • Metal surfaces shall be free of rust and peeling paint. City of Santa Ana Community Development Agency Request for Qualifications for Community Housing Development Organizations (CHDO) Pa e 38 19� -41 • Wood windows shall be free of significant dry rot, water damage and termite damage. • Wood surfaces shall be free of damaged or deteriorated paint. • Illegal or inoperative window bars shall be removed. Damaged or deteriorated paint shall be evaluated far the presence of lead and the control of lead -based hazards in housing built before 1978. Estimated Remaining Useful Life (ERUL) • Windows shall have an estimated remaining useful life of at least five years. • Housing projects consisting of 26 or more units are required to provide a capital needs assessment to ensure that windows will be maintained during the period of affordability. ON -GOING COMPLIANCE • Deficiencies that pose an imminent threat to public health or safety must be addressed immediately. BUILDING INTERIOR FLOORS NEW CONSTRUCTION PROJECTS • Compliance with all current codes, standards and ordinances is required. • The use of green and sustainable materials is required. REHAB / ACQUISITION / ON -GOING COMPLIANCE • Compliance with all applicable codes (federal, state, and local) is generally required. Some pre- existing, non - conforming conditions may be allowed as long as required permits were obtained and they meet the minimum standards described below. • The use of green and sustainable materials is required when flooring is being replaced. MINIMUM STANDARDS (REHAB / ACQUISITION / ON -GOING COMPLIANCE) • All floors shall be safe, sound and free of significant defects, damage, or deterioration. • Floors shall be free of significant dry rot, water and termite damage. • Carpeting shall be properly tacked and free of buckling. • Floor coverings shall be properly secured and free of trip hazards. Estimated Remaining Useful Life (ERUL) • Structurally, floors shall have an ERUL of at least 15 years. Finishes shall have an ERUL of at least five years. • Housing projects consisting of 26 or more units are required to provide a capital needs assessment to ensure that the floors will be maintained during the period of affordability. ON -GOING COMPLIANCE Deficiencies that pose an imminent threat to public health or safety must be addressed immediately. BUILDING INTERIOR WALLS AND CEILINGS City of Santa Ana Community Development Agency Request for Qualifications for Community Housing Development Organizations (CHDO) Page 39 19F -42 NEW CONSTRUCTION PROJECTS • Compliance with all current codes, standards and ordinances is required. REHAB / ACQUISITION / ON -GOING COMPLIANCE • Compliance with all applicable codes (federal, state, and local) is generally required. Some pre- existing, non - conforming conditions may be allowed as long as required permits were obtained and they comply with the minimum standards below. NEW CONSTRUCTION PROJECTS • Compliance with all current and applicable codes and standards (federal, state and local) is mandatory. REHAB / ACQUISITION / ON -GOING COMPLIANCE • Compliance with all applicable codes and standards (federal, state and local) is generally required. Some pre- existing, non- conforming conditions may be allowed as long as required permits were obtained and they meet the minimum standards described below. MINIMUM STANDARDS (REHAB / ACQUISITION / ON -GOING COMPLIANCE) • All walls and ceilings shall be safe, sound and free of significant defects, damage and deterioration. • Walls and ceilings shall be free of dry rot, water damage and termite damage. • Surfaces shall be sanitary and free of mold and mildew. • All trim and paneling (if present) shall be intact and free of significant damage or deterioration. • Acoustic materials and paint shall be free of significant damage or deterioration. Damaged or deteriorated paint shall be evaluated for the presence of lead and the control of lead -based hazards in housing built before 1978. When applicable, damaged or deteriorated materials shall be evaluated for the presence of asbestos and the control of asbestos hazards. Estimated Remaining Useful Life (ERUL) • Structurally, walls and ceilings shall have an ERUL of at least fifteen years. Finishes shall have an ERUL of at least five years. • Housing projects consisting of 26 or more units are required to provide a capital needs assessment to ensure that the walls and ceilings will be maintained during the period of affordability. ON -GOING COMPLIANCE f Deficiencies that pose an imminent threat to public health or safety must be addressed immediately. BUILDING INTERIOR INTERIOR DOORS NEW CONSTRUCTION PROJECTS • Compliance with all current codes, standards and ordinances is required. REHAB / ACQUISITION / ON -GOING COMPLIANCE • Compliance with all applicable codes (federal, state, and local) is generally required. Some pre- existing, non - conforming conditions may be allowed as long as required permits were obtained and they meet the minimum standards described below. City of Santa Ana Community Development Agency Request for Qualifications for Community Housing Development Organizations (CHDO) Pa e 40 19F -43 • All doors shall be safe, sound and free of significant defects, damage or deterioration. • Hardware shall be maintained and in functioning properly. • All doors, doorjambs and trim shall be free of damaged or deteriorated paint. Damaged or deteriorated paint shall be evaluated for the presence of lead and the control of lead -based hazards in housing built before 1978. Estimated Remaining Useful Life (ERUL) • Interior doors shall have an estimated remaining useful life of at least five years. • Housing projects consisting of 26 or more units are required to provide a capital needs assessment to ensure that the interior doors will be maintained during the period of affordability. ON -GOING COMPLIANCE • Deficiencies that pose an imminent threat to public health or safety must be addressed immediately. BUILDING INTERIOR I KITCHEN CABINETS AND COUNTERTOPS NEW CONSTRUCTION PROJECTS • Compliance with all current codes, standards and ordinances is required. • The use of medium grade, KCMA labeled (or approved equal) cabinets is required. REHAB / ACQUISITION / ON -GOING COMPLIANCE • Compliance with all applicable codes and standards (federal, state and local) is generally required. Some pre- existing, non - conforming conditions may be allowed as long as required permits were obtained and they meet the minimum standards described below. • The use of medium grade, KCMA labeled (or approved equal) cabinets is required when cabinets are being replaced. MINIMUM STANDARDS (REHAB /ACQUISITION / ON -GOING COMPLIANCE) • All cabinets and countertops shall be safe, sound and free of significant defects, damage and deterioration. • All cabinets shall be intact and properly secured to the wall. • Cabinets shall be free of missing doors, drawers and hardware. • Cabinet and countertop surfaces shall be maintained in a sanitary condition. • All hardware shall be maintained and functioning properly. Damaged or deteriorated paint shall be evaluated for the presence of lead and the control of lead -based hazards in housing built before 1978. When applicable, damaged or deteriorated materials shall be evaluated for the presence of asbestos and the control of asbestos hazards. Estimated Remaining Useful Life (ERUL) • Cabinets and countertops shall have an ERUL of at least fifteen years. Finishes shall have an ERUL of at least five years. • Housing projects consisting of 26 or more units are required to provide a capital needs assessment to ensure that the cabinets and countertop will be maintained during the period of affordability. City of Santa Ana Community Development Agency Request for Qualifications for Community Housing Development Organizations (CHDO) Page 41 19F -44 ON -GOING COMPLIANCE • Deficiencies that pose an imminent threat to public health or safety must be addressed immediately. BUILDING INTERIOR KITCHEN SINKS. FAUCETS AND GARBAGE DISPOSALS NEW CONSTRUCTION PROJECTS • Compliance with all current codes, standards and ordinances is required. • The use of EPA Water Sense labeled faucets is required. REHAB / ACQUISITION / ON -GOING COMPLIANCE • Compliance with all applicable codes (federal, state, and local) is generally required. Some pre- existing, non - conforming conditions may be allowed as long as required permits were obtained and they meet the minimum standards described below. • The use of EPA Water Sense labeled faucets is required when faucets are being replaced. MINIMUM STANDARDS (REHAB / ACQUISITION / ON -GOING COMPLIANCE) • All sinks, faucets and garbage disposals shall be safe and free of significant defects, damage and deterioration. • Garbage disposals (if present) shall function properly. • All plumbing fixtures and piping shall be leak free. Estimated Remaining Useful Life (ERUL) • Kitchen sinks, faucets and garbage disposals shall have an ERUL of at least five years. • Housing projects consisting of 26 or more units are required to provide a capital needs assessment to ensure that kitchen sinks, faucets and garbage disposals will be maintained during the period of affordability. ON -GOING COMPLIANCE Deficiencies that pose an imminent threat to public health or safety must be addressed immediately. BUILDING INTERIOR KITCHEN APPLIANCES AND FIXTURES NEW CONSTRUCTION PROJECTS • Compliance with all current codes, standards and ordinances is required. • The use of Energy Star labeled appliances is required. REHAB / ACQUISITION / ON -GOING COMPLIANCE • Compliance with all applicable codes (federal, state, and local) is generally required. Some pre- existing, non - conforming conditions may be allowed as long as required permits were obtained and they meet the minimum standards described below. • The use of Energy Star labeled appliances is required when the appliances are being replaced. MINIMUM STANDARDS (REHAB / ACQUISITION / ON -GOING COMPLIANCE) • All appliances and fixtures shall be safe and free of significant defects, damage and deterioration City of Santa Ana Community Development Agency Request for Qualifications for Community Housing Development Organizations (CHDO) Pa e 42 19P -45 • All appliances and fixtures shall be safe and in good working order. • Surfaces shall be maintained in a sanitary condition. Estimated Remaining Useful Life (ERUL) • Kitchen appliances and fixtures shall have an ERUL of at least five years. • Housing projects consisting of 26 or more units are required to provide a capital needs assessment to ensure that the kitchen appliances and fixtures will be maintained during the period of affordability. ON -GOING COMPLIANCE • Deficiencies that pose an imminent threat to public health or safety must be addressed immediately. BUILDING INTERIOR I BATHROOM FIXTURES AND EQUIPMENT NEW CONSTRUCTION PROJECTS • Compliance with all current codes, standards and ordinances is required. • The use of EPA Water Sense labeled faucets, valves and showerheads is required. • The use of Energy Star labeled light fixtures and equipment is required. REHAB / ACQUISITION / ON -GOING COMPLIANCE • Compliance with all applicable codes (federal, state, and local) is generally required. Some pre- existing, non - conforming conditions may be allowed as long as required permits were obtained and they meet the minimum standards described below. • The use of EPA Water Sense labeled faucets, valves and showerheads is required when they are being replaced. • The use of Energy Star labeled light fixtures and equipment is required when they are being replaced. MINIMUM STANDARDS (REHAB / ACQUISITION / ON -GOING COMPLIANCE) • All bathroom fixtures and equipment shall be safe and free of significant defects, damage or deterioration. • Plumbing shall be free of leaks. • All valves shall function properly. • Toilets shall be in good working order and well secured to the floor mount. • Mirrors, medicine cabinets, towel bars and toilet paper holders shall be maintained in good condition. • Surfaces shall be maintained in a sanitary condition. • Vanities shall be free of damage or deterioration and peeling paint. • Bathroom ventilation fans shall be properly maintained and in good working order. Damaged or deteriorated paint shall be evaluated for the presence of lead and the control of lead -based hazards in housing built before 1978. Estimated Remaining Useful Life (ERUL) • Bathroom fixtures and equipment shall have an ERUL of at least five years. • Housing projects consisting of 26 or more units are required to provide a capital needs assessment to ensure that the bathroom fixtures and equipment will be maintained during the period of affordability. ON -GOING COMPLIANCE Deficiencies that pose an imminent threat to public health or safety must be addressed immediate City of Santa Ana Community Development Agency Request for Qualifications for Community Housing Development Organizations (CHDO) Page 43 19F -46 BUILDING INTERIOR FIREPLACES AND HEARTHS NEW CONSTRUCTION PROJECTS • Compliance with all current codes, standards and ordinances is required. REHAB / ACQUISITION / ON -GOING COMPLIANCE • Compliance with all applicable codes (federal, state, and local) is generally required. Some pre- existing, non - conforming conditions may be allowed as long as required permits were obtained and they meet the minimum standards described below. MINIMUM STANDARDS (REHAB / ACQUISITION / ON -GOING COMPLIANCE) • Fireplaces and hearths shall be safe and free of significant defects, damage or deterioration. • Fireplace dampers shall be functioning properly. • Fireplaces shall be free of excessive creosote deposits. • Hearths shall extend at least 16" in front of a fireplace opening less than six square feet; 20 inches for a fireplace opening greater than six square feet. Hearths shall extend eight inches beyond each side of a fireplace opening less than six square feet and 12 inches beyond each side of a fireplace opening greater than six square feet. • Combustibles shall be kept away from the front of the fireplace. Estimated Remaining Useful Life (ERUL) Fireplaces and hearths shall have an ERUL of at least five years. ON -GOING COMPLIANCE Deficiencies that pose an imminent threat to public health or safety must be addressed immediately. PLUMBING WATER SUPPLY, WASTE & VENT PIPING NEW CONSTRUCTION PROJECTS • Compliance with all current codes, standards and ordinances is required. REHAB / ACQUISITION / ON- GOING COMPLIANCE • Compliance with all applicable codes (federal, state, and local) is generally required. Some pre- existing, non- conforming conditions may be allowed as long as required permits were obtained and they meet the minimum standards described below. MINIMUM STANDARDS (REHAB / ACQUISITION / ON -GOING COMPLIANCE) • All supply, waste and vent piping shall be safe and free of significant defects, damage and deterioration. Estimated Remaining Useful Life (ERUL) • Water supply, waste and vent piping shall have an ERUL of at least five years. • Housing projects consisting of 26 or more units are required to provide a capital needs assessment to ensure that water supply, waste and vent piping will be maintained during the period of affordability. City of Santa Ana Community Development Agency Request for Qualifications for Community Housing Development Organizations (CHDO) 14 r-'4' 7 ON -GOING COMPLIANCE • Deficiencies that pose an imminent threat to public health or safety must be addressed immediately. PLUMBING WATER HEATERS NEW CONSTRUCTION PROJECTS • Compliance with all current codes, standards and ordinances is required. • The use of tank -less water heaters is required. REHAB / ACQUISITION / ON -GOING COMPLIANCE • Compliance with all applicable codes (federal, state, and local) is generally required. Some pre- existing, non- conforming conditions may be allowed as long as required permits were obtained and they meet the minimum standards described below. • The use of tank -less water heaters or Energy Star labeled water heaters is required when water heaters are being replaced. • Mobile Homes - Replacement water heaters must be labeled and approved for use in mobile home. MINIMUM STANDARDS (REHAB / ACQUISITION / ON -GOING COMPLIANCE) • All supply, waste and vent piping shall be safe and free of significant defects, damage and deterioration including. • Water heaters shall be equipped with a pressure and relief valve, drain line and seismic straps (top and bottom). • Water heater platforms (when required) shall be free of significant damage or deterioration. • Waters heaters and water heater enclosures shall be properly ventilated. • Combustibles shall be kept away from water heaters. • Storage is generally not permitted in water heater closets or sheds. Estimated Remaining Useful Life (ERUL) • Water heaters shall have an ERUL of at least five years. • Housing projects consisting of 26 or more units are required to provide a capital needs assessment to ensure that water heaters will be maintained during the period of affordability. ON -GOING COMPLIANCE • Deficiencies that pose an imminent threat to public health or safety must be addressed immediately. ELECTRICAL I ELECTRICAL SERVICE AND WIRING NEW CONSTRUCTION PROJECTS • Compliance with all current and applicable codes and standards (federal, state and local) is mandatory. REHAB / ACQUISITION / ON -GOING COMPLIANCE • Compliance with all applicable codes and standards (federal, state and local) is generally required. Some pre- existing, non - conforming conditions may be allowed as long as required permits were obtained and t City of Santa Ana Community Development Agency Request for Qualifications for Community Housing Development Organizations (CHDO) Page 45 19F -48 meet the minimum standards described below. MINIMUM STANDARDS (REHAB/ ACQUISITION/ ON -GOING COMPLIANCE) • All electrical service and wiring shall be safe and free of significant defects, damage and deterioration. • Aluminum wiring or knob and tube wiring shall be replaced regardless of any pre- existing, non - conforming conditions. Estimated Remaining Useful Life (ERUL) • Electrical service and wiring shall have an ERUL of at least five years. • Housing projects consisting of 26 or more units are required to provide a capital needs assessment to ensure that the electrical service and wiring will be maintained during the period of affordability. ON -GOING COMPLIANCE • Deficiencies that pose an imminent threat to public health or safety must be addressed immediately. ELECTRICAL I ELECTRICAL SWITCHES, OUTLETS AND LIGHT FIXTURES NEW CONSTRUCTION PROJECTS • Compliance with all current and applicable codes and standards (federal, state and local) is mandatory. • The use of Energy Star labeled fixtures is required. REHAB / ACQUISITION / ON -GOING COMPLIANCE • Compliance with all applicable codes and standards (federal, state and local) is generally required. Some pre- existing, non - conforming conditions may be allowed as long as required permits were obtained and they meet the minimum standards described below. • The use of Energy Star labeled fixtures is required when fixtures are being replaced. MINIMUM STANDARDS (REHAB / ACQUISITION / ON -GOING COMPLIANCE) • All electrical switches, outlets and light fixtures shall be safe and free of significant defects, damage and deterioration. Electrical outlets located within six feet of a source of water shall be ground fault protected. Exterior outlets shall be weatherproof and ground fault protected. All garage outlets shall be ground fault protected. ON -GOING COMPLIANCE • Deficiencies that pose an imminent threat to public health or safety must be addressed immediately. HVAC HEATING, VENTILATION AND AIR CONDITIONING I NEW CONSTRUCTION PROJECTS • Compliance with all current and applicable codes and standards (federal, state and local) is mandatory. • The use Energy Star labeled appliances and programmable thermostats is required. REHAB / ACQUISITION / ON -GOING COMPLIANCE • Compliance with all applicable codes and standards (federal, state and local) is generally required. Some City of Santa Ana Community Development Agency Request for Qualifications for Community Housing Development Organizations (CHDO) Pa e 46 19� -49 pre- existing, non - conforming conditions may be allowed as long as required permits were obtained and they meet the minimum standards described below. • The use of Energy Star labeled appliances and programmable thermostats is required when the appliances and thermostats are being replaced. • Mobile Homes - Replacement appliances must be labeled and approved for use in mobile home. REHAB / ACQUISITION / ON -GOING COMPLIANCE • All heating, ventilation and air conditioning appliances shall be safe and free of significant defects, damage and deterioration. • All HVAC equipment shall be properly maintained and in good working order. • Combustibles shall be kept away from heating appliances. • Storage is generally not permitted in furnace closets. Estimated Remaining Useful Life (ERUL) • HVAC equipment shall have an ERUL of at least five years. • Housing projects consisting of 26 or more units are required to provide a capital needs assessment to ensure that all HVAC equipment will be maintained during the period of affordability. ON -GOING COMPLIANCE • Deficiencies that pose an imminent threat to public health or safety must be addressed immediately. SMOKE ALARMS / CARBON MONOXIDE ALARMS NEW CONSTRUCTION PROJECTS • Compliance with all current and applicable codes and standards (federal, state and local) is mandatory. • The use of interconnected combination alarms is required. REHAB / ACQUISITION / ON -GOING COMPLIANCE • Compliance with all applicable codes and standards (federal, state and local) is generally required. Some pre- existing, non - conforming conditions may be allowed as long as required permits were obtained and they meet the minimum standards described below. • Battery powered alarms shall contain a non - replaceable, non - removable battery that is capable of powering the alarm for at least 10 years. MINIMUM STANDARDS (REHAB / ACQUISITION / ON -GOING COMPLIANCE) • All smoke alarms, carbon monoxide alarms and combination alarms shall be installed properly and in good working order. • A smoke alarm is required in every bedroom, on each floor and hallways outside of each cluster of bedrooms regardless of any pre- existing, non - conforming conditions. ON -GOING COMPLIANCE • Deficiencies that pose an imminent threat to public health or safety must be addressed immediately. PATIO COVERS AND GAZEBOS NEW CONSTRUCTION PROJECTS City of Santa Ana Community Development Agency Request for Qualifications for Community Housing Development Organizations (CHDO) Page 47 19F -50 • Compliance with all current and applicable codes and standards (federal, state and local) is mandatory. REHAB / ACQUISITION / ON -GOING COMPLIANCE • Compliance with all applicable codes and standards (federal, state and local) is generally required. Some pre- existing, non - conforming conditions may be allowed as long as required permits were obtained and they meet the minimum standards described below. MINIMUM STANDARDS (REHAB / ACQUISITION / ON -GOING COMPLIANCE) • All patio covers shall be safe, sound and free of any significant defects, damage or deterioration. • Patio covers that are dangerous shall be demolished and removed. ON -GOING COMPLIANCE • Deficiencies that pose an imminent threat to public health or safety must be addressed immediately. City of Santa Ana Community Development Agency Request for Qualifications for Community Housing Development Organizations (CHDO) Pa e 48 19F -51 EXHIBIT D ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY AND BUSINESS AUTOMOBILE POLICIES CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY Request for Qualifications for Community Housing Development Organizations (CHDO) Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # the following: relating to 1. The City of Santa Ana, 20 Civic Center Plaza M -25, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ( "additional insureds ") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza M -25, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # Issued to , this endorsement form as part of Name Insured Countersigned by: Authorized Representative City of Santa Ana Community Development Agency Request for Qualifications for Community Housing Development Organizations (CHDO) Page 49 19F -52 EXHIBIT E TO BE INCLUDED IN PROPOSAL CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY Request for Qualifications for Community Housing Development Organizations (CHDO) PROPOSAL & CONTRACT AGREEMENT PROPOSER'S STATEMENT Proposer understands and agrees that this written RFQ (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting here on the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting her approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto. Proposer further agrees that upon delivery (as defined above) of the accepted agreement he /she will furnish City all required bonds and certificates of liability insurance within ten (10) days (excluding Saturdays, Sundays and City's legal holidays), or the funds, check, draft, or proposer's bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by City because of the failure to enter into an Agreement and /or furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain; otherwise said funds, check drafts, or proposer's bond substituted in lieu thereof shall be returned to the undersigned. Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFQ schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. All terms contained in the Specifications, the Certification of Non - Discrimination by Developers, and the Workers' Compensation Insurance Certificate are to be incorporated by reference into this Agreement and are made specifically as part of this RFQ. FIRM SIGNED AND PRINTED NAME TITLE DATE City of Santa Ana Community Development Agency Request for Qualifications for Community Housing Development Organizations (CHDO) Page 50 19F -53 EXHIBIT F TO BE INCLUDED IN PROPOSAL CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY Request for Qualifications for Community Housing Development Organizations (CHDO) PROPOSAL AND CONTRACT AGREEMENT CERTIFICATION OF NONDISCRIMINATION BY DEVELOPER The undersigned Developer or corporate officer, during the performance of this contract, certifies as follows: 1. The Developer shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Developer shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection fortraining, including apprenticeship. The Developer agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Developer shall, in all solicitations or advertisements for employees placed by or on behalf of the Developer, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Developer shall send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Developer's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Developer shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Developer shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his /her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Developer's non - compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Developer may be declared ineligible for further Government contracts or federally assisted construction /services contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965,and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Developer shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the City of Santa Ana Community Development Agency Request for Qualifications for Community Housing Development Organizations (CHDO) Page 51 19F -54 Developer becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the 8. Developer may request that the United States enter into such litigation to protect the interests of the United States. 9. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1039, and as amended, No discrimination shall be made in the employment of persons because of race, religious creed, color national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any Developer violating this Section is subject to all the penalties imposed for a violation of the Chapter. FIRM SIGNED AND PRINTED NAME TITLE DATE City of Santa Ana Community Development Agency Request for Qualifications for Community Housing Development Organizations (CHDO) Pa e 52 19r -55 EXHIBIT G NON- COLLUSION AFFIDAVIT TO BE INCLUDED IN PROPOSAL CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY Request for Qualifications for Community Housing Development Organizations (CHDO) PROPOSAL AND CONTRACT AGREEMENT NON - COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the PROPOSER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the PROPOSER has not directly or indirectly induced or solicited any other PROPOSER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any PROPOSER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the PROPOSER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the PROPOSER or any PROPOSER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other PROPOSER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the PROPOSER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non- collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non- collusion Affidavit. PROPOSERS are cautioned that making a false certification may subject the certifier to criminal prosecution. State of California County of Subscribed and sworn to (or affirmed) before me on this who appeared before me. Notary Public Signature day of , 20 _, by proved to me on the basis of satisfactory evidence to be the person(s) Notary Public Seal City of Santa Ana Community Development Agency Request for Qualifications for Community Housing Development Organizations (CHDO) Page 53 19F -56