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HomeMy WebLinkAbout2025-040 Grant - Habitat for Humanity Rogue ValleyCITY OF ASHLAND AFFORDABLE HOUSING TRUST FUND GRANT AGREEMENT GRANTOR: CITY OF ASHLAND 20 E Main Street Ashland, OR 97520 PHONE: (541) 488-6002 FAX: (541) 488-5311 GRANTEE: Habitat for Humanity Rogue Valley Address: 2233 S. Pacific Hwy Medford, OR 97501 PHONE: (541) 773-9095 Term of this Grant Agreement: July 1, 2022 to .Tune 30, 2025 11 Grant Funds provided under this Agreement: $60,000 11 This Affordable Housing Trust Fund Grant Agreement (hereinafter "Agreement") is entered into by and between the City of Ashland, an Oregon municipal corporation (hereinafter "City"), and Habitat for Humanity Rogue Valley, a Non-profit organization. ("hereinafter "Grantee"). NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the City and Grantee agree as follows: 1. Nature of Grant. Subject to the terms and conditions of this Agreement and in reliance upon Grantee's approved grant application, the City agrees to provide grant funds to Grantee in the amount of Sixty thousand dollars ($60,000.00). Grant funds shall be utilized or contractually committed during the term of this Agreement. 2. Scope of Work. Grantee shall undertake activities as more specifically set forth in Grantee's grant application, which is attached hereto as "Exhibit A" and incorporated herein by this reference. Grantee's services and obligations under this Agreement are collectively referred to herein as the "Work." 3. Qualified Work. Grantee has represented, and by entering into this Agreement now represents, that any personnel assigned to the Work referenced in this Agreement are fully qualified to perform the Work to which they will be assigned in a skilled and worker -like manner and, if required to be registered, licensed, or bonded by the State of Oregon, are so registered, licensed, and bonded. Grantee shall also maintain a current City business license. 4. Use of Grant Funds. The use of grant funds is expressly limited to the activities as set forth in this Agreement and Resolution No. 2008-34. A copy of Resolution No. 2008-34 is attached hereto as "Exhibit B" and incorporated herein by this reference. 5. Grantee agrees to acknowledge the City as a funding source in all of Grantee's printed and electronic notices and advertisements relating to the use of the grant funds. 6. Grantee agrees to submit a written report to the City on the use of the grant funds within sixty (60) days following the expenditure of the funds, but in no event later than October 30, 2023. PAGE I OF 5: AFFORDABLE HOUSING TRUST FUND GRANT AGREEMENT BETWEEN THE CITY OF ASHLAND AND HABITAT FOR HUMANITY ROGUE VALLEY 2022 7. Unexpended Grant Funds. Any grant funds not expended by October 30, 2023, shall be immediately returned to the City. S. Financial Records and Inspection. Grantee shall maintain a complete set of books and records relating to the Work for which the grant funds were awarded. Such records shall be kept in accordance with generally accepted accounting principles. Grantee gives the City and any authorized representative of the City access to and the right to examine all books, records, papers, or documents relating to the use of the grant funds. Such access shall be given within 72 hours' of receiving notice of a request to inspect from the City. 9. Living Wage Requirements. If the total amount of grant funds awarded under this Agreement is $21,127.46 or more, Grantee is required to comply with Chapter 3,12 of the Ashland Municipal Code by paying a living wage, as defined in that chapter. 10. Termination. a. Mutual Consent, This Agreement may be terminated at any time by the mutual written consent of both parties. b. City's Convenience. This Agreement may be terminated at any time by City upon not less than thirty (30) days' prior written notice. C. For Cause. City may terminate this Agreement, in whole or in part, effective upon delivery of written notice to Grantee under any of the following conditions: t If City funding from federal, state, county or other sources is not obtained and continued at levels sufficient to allow for the grant; ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the grant purposes are no longer allowable or appropriate for award under this Agreement or are no longer eligible for the funding proposed for payments authorized by this Agreement; or iii. If any license or certificate required by law or regulation to be held by Grantee to provide the Work required under this Agreement is denied, revoked, suspended, or not renewed. 11. Default. If Grantee fails to perform or observe any of the covenants or provisions contained in this Agreement or fails to expend the grant funds or enter into binding legal agreements to expend the grant funds during the term of this Agreement, the City, by written notice of default to the Grantee, may terminate this Agreement and may pursue any remedies available to the City at law or in equity. Such remedies may include, but are not limited to, termination of this Agreement, the stopping of payment on the grant funds, Grantee's payment of interest earned on grant funds or the declaration of Grantee's ineligibility for the receipt of future grant awards.. In the event of termination of this Agreement, City shall stop payment or withhold any Grant funds in City's possession from Grantee, and Grantee shall immediately return all unexpended and unencumbered grant funds to City. In addition, City shall be entitled to recover any administrative costs, including attorney fees or collection costs, as a result of Grantee's failure to return any grant funds. If grant funds are not returned or it is found that Grant funds were misappropriated, Grantee shall be ineligible and disbarred from receipt of future grant funds until such matters are finally PAGE 2 OF S: AFFORDABLE HOUSING TRUST FUND GRANT AGREEMENT BETWEEN THE CITY OF ASHLAND AND HABITAT FOR HUMANITY ROGUE VALLEY 2022 adjudicated and settled. The rights and remedies of this section are not exclusive and are in addition to any other rights and remedies available to the City under the law. 12. Notice. Whenever notice is required or permitted to be given under this Agreement, such notice shall be sufficient if given in writing and: (1) delivered personally to the addressee; (2) sent via a reputable commercial overnight courier; or (3) mailed using registered or certified United States Mail, postage prepaid, and return receipt requested, to the address set forth below: If to the City: Planning Department Attn: Linda Reid, Housing Program Specialist 20 E. Main Street Ashland, OR 97520 Phone: (541) With a copy to: City of Ashland Legal Department 20 East Main Street Ashland, OR 97520 Phone: (541) 488-5350 If to Grantee: Habitat for Humanity Rogue Valley Attn: Denise James 2233 S. Pacific Hwy Medford, OR 97501 Phone: 541-499-0880 Any such notice delivered by personal delivery shall be deemed delivered and effective upon actual receipt. Any such notice sent by United States Mail, postage prepaid, shall be deemed delivered and effective five (5) business days after mailing. Any notice sent by commercial overnight courier shall be deemed delivered and effective three (3) business days after dispatch. 13. Amendments. This Agreement may not be altered, modified, supplemented, or amended in any manner except by written instrument signed by both parties. 14. Indemnity. Grantee hereby agrees to defend, indemnify, save, and hold the City, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses, judgments, or other damages of any nature whatsoever resulting from or arising out of the performance of this Agreement by Grantee (including but not limited to, Grantee's employees, agents, and others designated by Grantee to perform work or services attendant to this Agreement). However, Grantee shall not be held responsible for any losses or damages caused by the sole negligence of the City, its officers, and employees. 15. Liability Insurance. Grantee shall, at its sole expense, obtain and maintain during the term of this Agreement, a policy or policies of liability insurance including commercial general PAGE 3 OF 5: AFFORDABLE HOUSING TRUST FUND GRANT AGREEMENT BETWEEN THE CITY OF ASHLAND AND HABITAT FOR HUMANITY ROGUE VALLEY 2022 liability insurance with a combined single limit, or the equivalent, of not less than $2,000,000 (two million dollars) per occurrence. The insurance required in this Section 15 shall include the following coverages: • Comprehensive General or Commercial General Liability, including personal injury, contractual liability, and products/completed operations coverage; and • Automobile Liability. 16. Workers' Compensation Insurance. Grantee shall, at its sole expense, provide Workers' Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all its subject workers. 17. Assignment. Grantee shall not assign this Agreement nor subcontract any portion of any work to be performed hereunder without the written consent of the City. Any attempted assignment or subcontract without the written consent of City shall be null and void. 18. Governing Law; Jurisdiction; Venue. This Agreement shall be governed by the laws of the State of Oregon without regard to conflict of laws principles. Exclusive venue for litigation of any action arising under this Agreement shall be in the Circuit Court of the State of Oregon for Jackson County unless exclusive jurisdiction is in federal court, in which case exclusive venue shall be in the federal district court for the district of Oregon. Each party expressly waives any and all rights to maintain an action under this Agreement in any other venue, and expressly consents that, upon motion of the other party, any case may be dismissed or its venue transferred, as appropriate, so as to effectuate this choice of venue. 19. Non -appropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this Agreement within the City's fiscal year budget. Grantee understands and agrees that City's payment of amounts under this Agreement attributable to work performed after the last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable administrative discretion, to continue to make payments under this Agreement. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this Agreement without penalty or liability to City, effective upon the delivery of written notice to Grantee, with no further liability to Grantee. 20. Non -Discrimination. Grantee agrees that no person shall, on the grounds of race, color, religion, creed, sex, marital status, familial status or domestic partnership, national origin, age, mental or physical disability, sexual orientation, gender identity or source of income, suffer discrimination in the performance of this Agreement when employed by Grantee. Grantee further agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statutes, rules, and regulations. 21. Merger. This Agreement constitutes the entire understanding between the parties. There are no understandings, agreements, or representations, oral or written, between the parties not specified in this Agreement regarding the Work herein. Grantee, by the signature below of its authorized representative, acknowledges that it has read this Agreement, understands it, and agrees to be bound by its terms and conditions. PAGE 4 OF 5: AFFORDABLE HOUSING TRUST FUND GRANT AGREEMENT BETWEEN THE CITY OF ASHLAND AND HABITAT FOR HUMANITY ROGUE VALLEY 2022 HABITAT FOR HUMANITY ROGUE VALLEY (GRANTEE): CITY OF ASHLAND: By: l By: /If, Printed Nance: _ ►'1 E'1211J Priarted Name: Title: Z,.(e Date: q 11 �2 Title: �°iruva.�e�a.....��c6` Date= _..._._ A c PAGE 5 OF 5: AFFORDABLE HOUSING TRUST FUND GRANT AGREEMENT BETWEEN THE CITY OF ASHLAND AND HABITAT FOR HUMANITY ROGUE VALLEY 2022 Scope of work (SOW) Project Title: Habitat for Humanity Beach Creek Development Project Overview: Habitat for Humanity in partnership with KDA homes is working to develop the required affordable housing. To ensure the affordable housing portion of the development includes similar design, exterior appeal and housing components. The application identified some activities which did not end up moving forward, such as the installation of metal roofs. However, additional needs were identified through the development process, chief among them was unanticipated landscaping costs due to the transfer of fill dirt from market rate lots to the affordable housing lots. Objectives: 1. Develop homeownership housing that is affordable for moderate income families. 2. Ensure that the affordable housing units are substantially similar to the market rate housing in the rest of the development. 3. Reduce energy use and mitigate environmental impacts, while providing energy efficiency measures to lower costs for homeowners. 4. Landscaping work like excavation and concrete work. Tasks and Deliverables: 1. The building and architectural style of the market rates homes in the Beach Creek subdivision is more complicated than typical Habitat developments. The City's funding will be used to bridge the gap between the architectural style, design features, exterior landscaping requirements, energy efficiency and additional housing components to make the affordable units commensurate with the market rate units. o Solar panel installation. o Unexpected Landscaping costs Timeline: This project is expected to last approximately 24 months from the date of contract initiation. Habitat for Humanity/Rogue Valley Construction Budget House #'s 80/81 Beach Creek Subdivision House Construction Budget Costs AcIV91flandCogruction Resources Actuals Foundations: General Requirements 26,000 9,361 City of Ashland Housing Trust 60,000 60,000 permits, legal, etc First Interstate Sank Foundation 10,000 0 Foundations- see below 15,000 Site -Work, including foundation, 20,000 78,761 Gardner Grout Foundation 10,000 10,000 excavation Foundation, concrete, etc Other 20,000 49,400 Boards/Nails 25,000 24,169 DoorslWindows 12,000 23,655 In Kind Donations: Rooting 30,000 15,973 Boise -framing material 1,500 Plumbing/Electrical 25,000 50,933 Whirlpool 2,400 Solar Installation 30,000 22,536 JT Electric 6,100 Heat System 15,000 12,933 Visions Paint 3,600 Drywall 15,000 23,155 Parr Lumber 2,000 Flooring 5,000 5,501 Heat 4,000 Painting 3,000 1,616 HfH Cabinets 6,000 Appliances 5,000 2,600 Various 5,000 Landscape 2,000 2,925 Other 60,000 Misc 7,000 49,697 Individual Giving 50,000 28,586 Business Sponsorships 10,000 2,100 Church Collaboration 20,000 32,000 Special Events 5,000 5,000 Mortgage repayment Income 5,000 5,000 Restore Contribution 10,000 HFHRV eneral 63,514 Total 220,000.00 323,$14.28 2130,600.01} 280,600.00 Wells Fargo Foundation 30,000 Foundational ountain Meadows Foundation 5,400 Giving Banner Bank 4,000 US Bank Foundation 10,000 4y.a�u Gift in Kind House Design: 3,300 Donations Concrete Donation 25,000 Home Depot 4,000 Pressure Point Roofing 16,000 JT Electric 6,100 River Valley Drivewall 2,400 Whirlpool Appliances 2,400 59,200 Exhibit B RESOLUTION NO.2ao8- 3 A RESOLUTION ESTABLISHING POLICIES AND PROCEDURES FOR ADMINISTRATION OF THE AFFORDABLE HOUSING TRUST FUND RECITALS: A. WHEREAS, the City of Ashland City Council approved the establishment of the Affordable Housing Trust Fund (Ordinance �, to keep our community diverse by facilitating the production and preservation of affordable housing throughout Ashland; and B WHEREAS, The policies and procedures for administration of the Affordable Housing Trust Fund establish eligible uses, eligible applicants, the method by which funds are awarded, and selection criteria; and C. WHEREAS, the City Council understands the changing nature of the housing market and corresponding housing needs, and therefore has established the policies and procedures for administering the Ashland Housing Trust Fund (AHTF) to remain flexible to respond to changing market conditions and opportunities; now therefore THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. Purpose 1.1 The purpose of the City of Ashland's Affordable Housing Trust Fund (AHTF) is to establish a dedicated source of revenue to provide ongoing funding for housing projects or programs that address the housing needs of Ashland residents. To this end the AHTF is established to address the primary purpose of encouraging the creation of housing for homeownership or rent, at a cost that will enable low and moderate income families to afford quality housing while paying no more than thirty per cent of gross household income on housing. 1.2 To promote the rehabilitation, preservation and production of quality, well designed rental and ownership housing the AHTF will award funds to community development partners that are furthering the AHTF mission. It is expecting that the local contributions made through Ashland's Affordable Housing Trust Fund will assist in maximizing the leveraging of State and Federal funds, as well as encourage private sector investment in affordable housing. Exhibit B 1.3 Understanding the high cost of housing regionally, it is evident that low and moderate income households are not being served by the housing market. To address the disparity between the cost of housing and the means of resident households to afford housing, the Affordable Housing Trust Fund aims to provide direct financial support to projects that retain or increase the supply of needed housing for households earning less than 120% the Area Median Income as defined by HUD. 1.4 The Administrative Procedures associated with the Affordable Housing Trust Fund, including fund administration, determination of eligible applicants, eligible uses and activities, award preferences, eligibility criteria, award process, and selection criteria are hereby established. Section 2. Eligible Applicants 2.1 The Affordable Housing Trust Fund is structured to ensure that many different types of organizations are eligible to receive financing. 2.2 Eligible applicants include governmental subdivisions, community development corporations, local housing authorities, community action agencies, community -based or neighborhood -based non- profit housing organizations, other non-profit organizations, for - profit entities, and private employers. Section 3. Eligible Uses and Activities 3.1 Affordable Housing Trust Funds shall support the creation or preservation of housing that is affordable to households with incomes that do not exceed 120% of the area median income, as defined by HUD for the Medford -Ashland metropolitan service area. 3.2 Affordable Housing Trust Funds will be focused on those activities that create, preserve or acquire housing within the Ashland Urban Growth Boundary. 3.3 Housing developments financed by the Affordable Housing Trust Fund (AHTF) which receive subsidy, financing, tax credits or other assistance under a State or Federal housing program, may contain market rate units insofar as permissible under those programs and/or to the extent that they are necessary to support the creation of and/or on -going sustainability for the affordable housing units in the development. However, Affordable Housing Trust Funds may not be used to support such market rate units. 3.4 Affordable housing units developed utilizing subsidy from the Affordable Housing Trust Fund shall comply with the income, rent and purchase housing cost limits established by Resolution 2006- 13, as amended, and as restricted by a covenant prepared by the City of Ashland_ 3.5 The Affordable Housing Trust Funds can be provided as either a grant or a loan depending on the project or program receiving funding. To retain a significant degree of flexibility the eligible uses have a broad application including the following: 3.5.a Acquisition and Construction of new affordable housing. Eligible acquisition and construction costs include reasonable costs associated with building or land purchase, including but not limited to: • Purchase price • Option costs • Financing fees • Appraisal costs • Closing costs • interest • Inspection fees • Title insurance • Relocation costs • Architectural/engineering fees • Construction costs 3.5.b Conservation of energy through the use of "green" technologies provided that the benefits of the energy savings is passed on in the form of reduced costs to the qualified occupants of the affordable housing. 3.5.c Land Banking. the purchase of land to be dedicated toward the development of affordable housing in the near or long term_ 3.5.d Predevelopment activities undertaken by a community development organization in support of the development of affordable housing including planning, architectural services, engineering services, landscape design, legal services, surveys, appraisals, site clearance and demolition, environmental clearance, permit application fees and system development charges. Exhibit B 3.5.e Bridge loans to assist in development of low-income housing (for rental or owner occupancy). Bridge loans are intended to provide funding to permit housing projects to proceed in advance of the availability of permanent project funding. Bridge loan funding is available for acquisition or construction activities. 3.5f Capacity Building for non-profit affordable housing providers in the form of direct grant awards to fund administration of an affordable housing project or program. 3.5.g Rehabilitation and Emergency Repairs as part of an established program to secure units as affordable or to provide direct benefits to existing low -moderate income households. Eligible rehabilitation and emergency repair costs include but are not limited to: • Architectural/engineering fees • Construction costs " • Relocation costs • Hazardous materials abatement including lead based paint noticing consistent with The Federal Lead Safe Housing Regulations HUD requirements at 24 CFR §35 3.5.h Direct benefits to low -moderate income households through an established program including down payment assistance, rental assistance, mortgage foreclosure prevention, emergency housing vouchers, homeownership training, renter education, or other programs intended to increase housing opportunities for Ashland's low -moderate income residents. 3.5.i Transitional and Emergency Housing for homeless individuals and families through an established program to move people toward self-sufficiency. 3.5J Other uses as deemed appropriate by the Ashland City Council as supporting the development or preservation of affordable housing within the City of Ashland. Section 4. Preferences 4.1 The general criteria of selection are found in Section 8 and may be modified through the annual Request for Proposals, however the following preferences are provided as general guidance for future applicants for Affordable Housing Trust Funds. Exhibit B 4.1.a Developments that produce "new" affordable housing units. New affordable housing units shall include housing units constructed where none had existed previously, abandoned or fire -damaged residential units to be returned to residential use, and non-residential or non -residentially -zoned property converted to residential use. Any designated new affordable housing units shall be secured as affordable through recorded Resale Restriction Covenants. 4.1.16 Developments that provide new affordability. New affordability refers to existing housing where a new level of affordability is provided that does not currently exist. This could occur in rental or ownership housing where the number of affordable units is increased; where a portion of existing units will be made affordable to households at income levels substantially lower than the units previously served; or where the term of affordability on the units will be extended for a period beyond thirty (30) years. 4.1.c Developments of housing utilizing the Land Trust model to secure property and perpetual affordability. 4.1.d Developments that include joint ventures between multiple non-profit developers and or for -profit developers, working in partnership, to complete an affordable housing project 4.1.e Developments that include a joint venture between service providers and non-profit affordable housing developers to create projects that contain additional benefits to low income individuals in the development of the project, or additional services for the residents upon completion_ 4.1.f Developments that incorporate the use of "green" building materials, use of energy -efficient appliances, low-water use landscaping, and incorporation of building design and operational factors that minimize energy use and resource consumption as well as avoid indoor health impacts to achieve Earth Advantage Certification. 4.1.g Developments that include affordable units for the disabled and the homeless. 4.1.h Projects that propose long term affordability. 4.1.i Projects that are sponsored by non-profit organizations. Exhibit B 4.1 J Projects that use private funding sources and State funding sources to leverage the least amount of Ashland's Affordable Housing Trust Funds_ Section 5. Fund Administration The Affordable Housing Trust Fund (AHTF) originated through the direction of the Ashland City Council and Ashland Housing Commission. 5.1 The City of Ashland acts as fiduciary agent and administrator of the funds. 5.2 Funds dedicated to the Ashland Housing Trust Fund shall be exclusively reserved to support the eligible uses activities identified in Section 3, and shall not be used for the general operation of the City. 5.3 The City of Ashland shall issue a request for proposals (RFP) to announce the availability of funds. The Affordable Housing Trust Fund RFP issuance shall be timed to run concurrent with the Community Development Block Grant Program award process. 5.4 The City may issue a Notice of Funding Availability (NOFA) to specifically target up to 10% in available Affordable Housing Trust Funds to undertake eligible uses and activities identified in Section 3. 5.5 The City of Ashland Housing Commission, and City Staff as designated by the Director of Community Development, shall review applications for Affordable Housing Trust Funds to determine project eligibility and evaluate the applications based on the selection criteria provided in the issued Request for Proposals. The Housing Commission, and City Staff, shall provide recommendations to the City Council who shall make final award decisions. 5.6 The City aims to administer the Affordable Housing Trust Fund in a manner consistent with other affordable housing programs such as the Ashland Community Development Block Grant Program. The implementation of a comparable application, application evaluation, and approval process will provide housing developers with a consistent and coherent method for securing housing funds from the City. Coordination of the grant allocation process with other local and state funding application timelines, will help ensure that AHTF funds are best applied to leverage additional resources in support of the housing projects. Exhibit B 5.7 Affordable Housing Trust Funds will be allocated in a manner consistent with the threshold criteria provided Section 8, and consistent with State and Local Public Contracting law. Section 6. Match Requirements 6.1 The Ashland Housing Trust Fund is intended to support the development of needed housing, but is not intended to provide the sole source of funding for any development project or housing program. To ensure that affordable housing providers, and organizations that assist individuals and families in obtaining needed housing, do not rely exclusively on AHTF to support their activities, it has been determined that; 6.2 The Affordable Housing Trust Fund contribution shall not exceed more than 50% of the total project; or program, cost. Required Match can be met utilizing Community Development Block Grants, State or Federal Funding, direct contribution from the applicant, private donations, and the contribution of land, materials or labor to the project. 6.2.a In the case that land previously owned by the applicant is considered as required match, the value of the land shall be determined by a City approved certified appraisal completed by the applicant, unless otherwise directed in Oregon Revised Statute or City Municipal Code. 6.2.b The valuation of land, and available equity to be considered as matching funds, shall be verified by the City prior to the disbursement of an AHTF grant when its value is considered as required matching funds. 6.2.c Donated materials and labor which are proposed as required match through the development of a project shall -have their value estimated at the time of application. The actual value of these contributions is subject to verification by the City at completion of the project. 6.2.d Award recipients shall provide verifiable accounting for donated labor and materials, when such was necessary to satisfy the AHTF match requirements. 6.3 A recipient of an AHTF grant that fails to verify the match requirements have been satisfied at the conclusion of a project Exhibit B would be considered cause for the City to require full or partial repayment of any AHTF grants awarded to a project. Section 7 — Allocation of Funds The Affordable Housing Trust Fund is structured to allow the flexibility for the City, and housing providers, to be responsive to opportunities that arise that require an immediate expenditure of a relatively small amount of funds to secure property, or financing, as well as to ensure the majority of Affordable Housing Trust Funds are allocated through a annual competitive award process. Establishment of two distinct and separate award processes is intended to provide for both consistency and flexibility. The issuance of a Request for Proposals (RFP) which will allocate 90% of the available allocation of Affordable Housing Trust Funds will be coordinated with other local and State funding cycles to allow applicants to best structure their project financing. Additionally a Notice of Funding Availability (NOFA) may be announced, as funds permit, to allocate up to 10% of the annual funding available. A NOFA is primarily intended to be responsive to immediate needs for a limited grant or loan if needed for predevelopment activities which will further the mission of the AHTF. The distribution of any and all AHTF funds through Competitive or Non - Competitive awards as described in Sections 7.1 and 7.2, will be in accordance with State and Local Public Contracting laws. 7.1. Competitive Awards - Request for Proposals (RFP) The City of Ashland has a limited amount of Affordable Housing Trust Funds to use each year in comparison to the scope of the housing needs within.the community. As a result, it is essential that the funds are used to meet the City's priorities in an efficient and cost-effective manner. To this end a competitive award process has been established and a set of award criteria shall be developed to evaluate proposals received through a Request for Proposals (RFP) process in terms of how they address the specific priorities outlined in the annual RFP. The steps for making the competitive grant awards or loans is outlined below. 7.1 a. The City of Ashland may issue a Request for Proposals on an annual or intermittent basis depending on availability of funds, providing applicants with a minimum of 45 days to respond to the request. Exhibit B 7.1 b City Staff shall assess the project proposals to determine if the eligibility criteria are met and shall develop a recommendation to provide to the Ashland Housing Commission and the City Council. 7.1 c The Ashland Housing Commission will provide applicants the opportunity to make a presentation on their project proposal and provide community members the opportunity to comment by holding a public meeting. 7.1 d The Ashland Housing Commission will develop a grant award recommendation to the City Council using the AHTF criteria to determine which projects best meet the City's spending priorities. Each application will be rated on a numeric scale as established in the annual RFP for each criterion of selection (Section 8). 7.1 a The Ashland City Council shall make a final decision on the award of Affordable Housing Trust Funds. 7.1 f The City of Ashland shall prepare an agreement between the City and the award recipient. The Agreement shall outline the conditions of award and shall be executed prior to the disbursement of any Affordable Housing Trust Funds. 7.2. Notice of Funding Availability (NOFA) Upon electing to initiate a Notice of Funding Availability (NOFA) the City shall issue a notice of funding availability through publication in the Ashland Daily Tidings and on the City's Website providing 30 days for eligible applicants to submit qualifications for funding. The City shall review all applications received to determine if the applications meet the City's threshold criteria. If the criteria are met then the funds are awarded to, or reserved for, the applicant. Funds available through the NOFA process are awarded on a first come, first served basis, until reaching the annual funding cap. A reserve award granted to an applicant may be rescinded by the City if the applicant does not undertake the activities identified in response to the NOFA in advance of the City's issuance of another RFP or NOFA_ 7.2.a On an annual basis the City shall determine the amount of funds available to be distributed through a NOFA procedure 7.2.b In no case shall the amount disbursed through the non-competitive process exceed 10% of the annual AHTF revenue in a given program year. Exhibit B 7.2.c The City of Ashland recognizes that the nature of affordable housing development acquisition of property is often opportunity dependant. Further many nonprofit housing developers lack the resources to undertake feasibility studies, due diligence inspections, preliminary drawings and other activities required to evaluate potential projects as well as apply for project financing. 7.2.d To enable non-profit organizations, community development organizations, the Housing Authority of Jackson County, and the City of Ashland, to be responsive to opportunities outside of the annual Request for Proposals timeline, the City may reserve a portion of Affordable Housing Trust Funds to support pre - development activities_ 7.2.d.1 Predevelopment activities undertaken by a community development organization in support of the development of affordable housing including planning, architectural services, engineering services, landscape design, legal services, surveys, appraisals, site clearance and demolition, environmental clearance, and payment of permit application fees may be supported through a non-competitive award of a predevelopment grant that may be required to convert to a loan if the project receives full funding. 7.2.d.2 For -profit developers are not eligible to apply for Ashland's Affordable Housing Trust Funds to assist with predevelopment costs. 7.2.e The City of Ashland is eligible to utilize the funds reserved for the NOFA process to conduct eligible activities as described in Section 3. 7.2.f The City may fund through a NOFA process an ongoing down - payment assistance program, rental assistance program, education program, rehabilitation program, or other programs intended to , increase housing opportunities for Ashland's low -moderate income residents which are administered by a non-profit or governmental organization. Section 8 AHTF Grant or Loan Award Threshold and Selection Criteria 8.01 The project is considered an eligible use or activity under Section 3, and benefits households eaming less than 120% the Area Median Income. (threshold verification) 10 Exhibit B 8.02 If the project is related to the provision of technical assistance to affordable housing providers, the use of Ashland Housing Trust Funds functions to increase the capacity of the organization to specifically address the mission of the AHTF. (threshold verification). 8.03 Affordable Housing Trust funds shall be limited to the minimum amount necessary to complete the project. The lower the percentage of AHTF funds requested, relative to the full project costs, the higher ranking the project shall be given. 8.04 The project addresses the unmet housing needs as identified in the Ashland Housing Needs analysis or Consolidated Plan. 8.05 The lower the income level that is targeted for the benefiting households, the higher the ranking the project shall be given. 8.05 The project provides new affordable housing, or new affordability, through retention or rehabilitation of existing housing, within the City_ The greater the number of units provided, the higher the ranking the project shall be given. 8.07 The project retains the affordable housing units as affordable. The longer period of time the units remain affordable, the higher ranking the project shall be given. 8.08 The project addresses energy conservation through the integration of green building technologies in new construction, or achieves greater energy'efficiency through rehabilitation of existing housing. 8.09 The project maximizes partnerships in the community (volunteers, in -kind contributions, cash contributions, multiple organizations involved, etc.). 8.10 The project utilizes already existing resources in effective and innovative ways. The project shall not duplicate service provided by another organization. 8.11 The agency submitting the proposal has the capacity to carry out the project and has had demonstrated successes completing projects of similar scope. 8.12 The budget and time line are thorough and realistic. 8.13 The project is ready for implementation. Exhibit B 8.14 If the project includes the acquisition of property, the identified property is currently available for acquisition and the applicant has secured either a purchase option or letter of interest from the seller. If the applicant is also applying for federal funding (Community Development Block Grants or HOME) they should carefully review procurement requirements and limitations before obtaining a purchase option. 8.15 That relocation of existing residents will be minimized, and when necessary the applicant has included accurate relocation assistance costs as part of the project pro forma. 8.16 The proposal demonstrates that Ashland Housing Trust Funds are the most appropriate funding source, and necessary, for the project. 8.17 Additional selection criteria may be developed and included in the annual RFP to best direct Affordable Housing Trust Funds toward an identified priority need. Numeric Rankings for each of the selection criteria shall be incorporated into the annual RFP. SECTIO 9. Ihis resolution was duly PASSED and ADOPTED this All day of , 2008, and takes effect upon signing by the Mayor. A; t 612'11s. Barbara Christensen, City Recorder _ SIGNED and APPROVED this 73 day of 008. David Chapman, Cou�-1 hair Reviewed as to formn J�-- A7ic`h`ad--Ai3—p.11 , City Attorney 12 A [7R 1 0 `C CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDNYYY) 107/22/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTANAME: CT Lockton Affinity, LLC Lockton Affinity, LLC P. O. Box 873401 No :888-553-9002 p No;913-652-3967 �ry E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIL# Kansas City, NO 64187-3401 INSURER A: Ace American Insurance company 22667 INSURED INSURER B:AcE Property 6 casualty Insurauoa Co, 20699 Habitat for humanity Rogue Valley INSURER C INSURERD: PO BOX 688 INSURER E: Medford, OR 97501-0046 INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE %DL SD - BR WVD POLICY NUMBER POLICY EFF MMfDD/YYYY) POLICY EXP (MWDDYYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE IX-1 OCCUR Hired and Non -Owned CLI065543-24 04/01/2024 04/01/2025 EACH OCCURRENCE - $1,000,000 MAGETORENTED PREMISES Ea occurrence $1,000,000 X MED EXP (Any one person) $ 0 GENT Auto Liability PERSONAL BADVINJURY $1,000,000 AGGREGATE LIMIT APPLIES PER: POLICY ❑ jECT LOC OTHER: GENERAL AGGREGATE $ 2 , 000 , 000 X PRODUCTS- COMPIOP AGG $ 2, 000, 000 $ B AUTOMOBILE LIABILITY ANY AUTO ALLOWNED X SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS AUTOS 1108786318-11 04/01/2024 04/01/2025 COM8INEDSINGLELIMIT Eaaccident $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ UMBRELLA UAB EXCESS LIAR OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS LIABILITY YIN ANY PROPRIETOR/PARTNERIEXECUTIVE ❑ OFF10ERWEMBEREXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A SPTER ER E,L EACH ACCIDENT $ - E.L. DISEASE- EA EMPLOY $ E.L. DISEASE- POLICY LIMIT $ DESCRIPTION OF OPERATIONS! LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedute, maybe attached if more space is required) CERTIFICATE HOLDER CANCELLATION 1065543 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Ashland Oregon THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 20 E. Main St. .E AUTHORf�R1 TATI�i y Ashland, OR 97501 U 1988 2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD 49729214 1065543 ACORO® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) �� 05/21/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME CT Lockton Affinity, LLC Lockton Affinity, LLC A/ONNo Ext:888-553-9002 A/C,No:913-652-3967 E-MAIL P. O. Box 873401 ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# Kansas City, MO 64187-3401 INSURERA:Ace American Insurance Company 22667 INSURED INSURER B:Ace Property and Casualty 20699 Habitat for Humanity Rogue Valley INSURER C INSURERD: PO Box 688 INSURERE: Medford, OR 97501-0046 INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICYNUMBER POLICY EFF MM/DD/YYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR Hired & Non -Owned X GL1065543-25 04/01/2025 04/01/2026 EACH OCCURRENCE $ 1 , 000 , 000 DAMAGE TO RENTED PREMISES Ea occurrence $ 1 , 000 , 000 X MED EXP (Any one person) $ 0 Auto Liability PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO ❑ LOC JECT OTHER: GENERAL AGGREGATE $ 2 , 000 , 000 X PRODUCTS- COMP/OP AGG $ 2 , 000 , 000 $ A AUTOMOBILE LIABILITY ANY AUTO ALLOWNED X SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS AUTOS H08786318-12 04/01/2025 04/01/2026 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ B X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE UM1065543-25 04/O1/2025 04/O1/2026 EACH OCCURRENCE $ 1 , 000 , 000 AGGREGATE $ 1 , 000 , 000 DED X RETENTION$ 10,000 $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT 1 $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION 1065543 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Ashland Oregon THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 20 E. Main St. AUTHORI�R� N�Nk Ashland, OR 97520 ACORD 25 (2014101) 53396353 ©1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 1065543 ACORO® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) �� 04/30/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME CT Lockton Affinity, LLC Lockton Affinity, LLC A/ONNo Ext:888-553-9002 A/C,No:913-652-3967 E-MAIL P. O. Box 873401 ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# Kansas City, MO 64187-3401 INSURERA:Ace American Insurance Company 22667 INSURED INSURER B : Habitat for Humanity Rogue Valley INSURER C:Bankers Standard Insurance Company 18279 INSURERD: PO Box 688 INSURERE: Medford, OR 97501-0046 INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICYNUMBER POLICY EFF MM/DD/YYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR X GL1065543-25 04/01/2025 04/01/2026 EACH OCCURRENCE $ 1 , 000 , 000 DAMAGE TO RENTED PREMISES Ea occurrence $ 1 , 000 , 000 MED EXP (Any one person) $ 0 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO ❑ LOC JECT OTHER: GENERAL AGGREGATE $ 2 , 000 , 000 X PRODUCTS- COMP/OP AGG $ 2 , 000 , 000 $ AUTOMOBILE LIABILITY ANY AUTO ALLOWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS AUTOS COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ UMBRELLA LIAB EXCESS LIAB CLAIMS -MADE EACH OCCURRENCE $ HOCCUR AGGREGATE $ DED RETENTION $ $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A C69343910 04/01/2025 04/01/2026 X SPER TATUTE OERH E.L. EACH ACCIDENT $ 1 , 000 , 000 E.L. DISEASE - EA EMPLOYE $ 1 , 000 , 000 E.L. DISEASE - POLICY LIMIT 1 $ 1 , 000 , 000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION 1065543 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Ashland Oregon THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Community Development Department ACCORDANCE WITH THE POLICY PROVISIONS. 20 E. Main St. AUTHORI�R�N�IV.E Ashland, OR 97520 ACORD 25 (2014101) 53163588 ©1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 1065543