Loading...
Item 20 - Execution of Agreement with Comprehensive Housing Svs for Administration of CDBG Housing Regabilitation AGENDA RE )RT TO: Honorable Mayor and Members of the City Council ~ ~ 'ROM: James k. City Mana INITIukTED BY: John D. Fitch, Assistant City Manager Warren H. Sharer, Director of Redevelopment Service~ David Narevsky, Redevelopment Manager ON Kris A. Gridley, Redevelopment Coordinator ~ March 14, 1995 SUBJE~: Execution of an Agreement with Comprehensive Housing Services Inc. for Administration of the CDBG Housing Rehabilitation Program The Community Development Block Grant (CDBG) Housing Rehab lit tion Program was approved by the ity Council on January 3, 1995. It js be ng unded as a Twentieth- Year CDBG Projec . It is recommended that the City Counci au horize staff to execute the attached con ractual agreement with Comprehensive Hous ng ervices, Inc. for administration o the Program. ENVIRONMENTAL REVIEW This action is not subject to CEQA review. FISCAL IM1 At the time the Management a d Impl Agreement with the County of San Diego for the CDBG Housing Rehabil tation Program was approved, a total of $110,070 was appropriated from the Redeve opment Agency Unappropriated Fund Balance to cover the costs of this project prior o receiving CDBG funding reimbursements. No additional appropriation is a this time. ADDITIONAL LRESP None RECOMMENDATIi t is recommended that the City Council authorize staff to execute a contractual agreement with Comprehensive Housing Services Inc., in a form approved by the City Attorney, for ad of the CDBG Housing Rehabilitation Program. ACTION 1 of 13 MAR 1 4 1995 ITk--'iVt 20 AGENDA REPORT CITY OF POWAY TO: Honorable Mayor and Members ~f~ City Council FROM: James L. Bowersox, City Manag~ INITIATED BY: John D. Fitch, Assistant City Manager Warren H. Shafer, Director of Redevelopment Service~(~-~-~ David Narevsky, Redevelopment Manager~},~ Kris Gridley, Redevelopment Coordinator ~ DATE: March 14, 1995 SUBJECT: C 1 Agreement with Comprehensive Housing Services, Inc. for Administration of the Community Development Block Grant (CDBG) Housing Rehabilitation Program BACKGROUND The CDBG Housing Rehabilitation Program was developed to provide an alternative way to assist very low- and 1 families whose housing costs re too high to qualify for the Redev lopment Agenc' funded Housing Rehabi tation Program. On March 22, 1994 t e City Counci approved the alloca n of $110 070 in Tw ntieth Year CDB funding for he new Housing Rehabi ati n Pro ram. Dra t Program Guide ines were rev ewed and recommen ed r ap roval by he Redevelopmen and Housing dvisory Committee n Novem er , 19 4. The C t' Council approved the Program Guidelines on anuary , 1 5. s the las tep in the approval process, the County of San iego prepare a Management an Implementation Agreement for the Program and he Agreement was executed on ebruary 28, 1995. FINDINGS Federal guidelines require that a competit ve process be us d in selecting the consultants who will adm nister CDBG funde programs. Star researched the range of consultant serv ces available in he area. Curren ly, there are very few consultants who prov de the comprehens ve range of se v ces required for the administration of th s Program. Re uests for propos s were sent to four consulting firms who appeared to have t e required quali cations. Comprehensive Housing Services, Inc. {C S) was the only r that responded with a p op sal for ad ' ' of t e Program. CHS s he same consulting firm tha a the Redevelopment Agency funded Af or able Housing Rehabili at on program. Given the current limitations on ofice space and equipmen , t will be very advantageous to have the same consultant ad ~ both programs. ACTION: 2 of 13 MAR 1 4 1995 T~]i~ 20 ~ Agenda Report March 14, 1995 Page 2 The activities which CHS will perform include review of applications for CDBG eligibility, home work cost loan document processing, deferred or amortized loan servicing escrow services and construction management. The attached agr ement (Attachme t 1) specifies that CHS will provi e both on- and off-site ad serv ces to accomplish program goals, he maximum amount for the f rst year of con tact administration has been set a $17,000. The contract inc udes an option or renewal, after one year, as it s ~ that Block Grant funding may also be allocated to this rogram in future years. ENVIRONMENTAL REVIEW This action is not subject to the requirements of CEQA. FISCAL II In accordance with the cooperative agreement between the City and the County, the City must advance the funds for CDBG projects and programs and then request reimbursement as costs are incurred. At the time the Management and Implementation Agreement for the CDBG Housing Rehabi itation Program w s executed, a total of $110,07- was a propriated from he Redevelopment gency Unappropriated Fund Balance Accoun Number 436-8912 to cover the cos s of this project prior to receiv ng CDB funding reimbur ements. No addit onal appropriation is a this ime. ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE None. RECOMMENDATION It is r commended that the City Council authorize staff to execute a 1 agreement with Comprehensive Housing Services, Inc., in a form accepta le to the City Attorney, for administration of the CDBG Housing Rehabil tation Program. Attachment: 1. Draft Agreement between Comprehensive Housing Services, Inc. and the City of Poway. 3 of z3 MAR lJ. 1995 N'DAR[ NT ,TA~ This. entered into this 14th day of March, 1995, by and the City of Poway ( to as "Poway") and Comprehensive Housing Inc. ( to as )o P. ECITALS Poway desires to obtain the of a private to operate the CDBG Program; and is a housing and has that the to such and Poway has the of an to retain the of as set f6rth. NOW, IT IS AGREED THAT POWAY DOES HEREBY RETAIN ON THE TERMS AND shall provide as in Exhibit "A" hereto and made a part hereof. 2. Con &l Poway shall and as ~ in Exhibit "A" "Special hereto and made a part hereof. 3. The term of this shall be as on Exhibit "A" hereto and made a part hereof. -1- )' MAR 1 ,~ 1995 r]'~ 20 ~ 4 of 13 This may be with or cause by Poway. without cause shall be only upon 0- day written notice to Consultant. During said 60-day per od Consultant shall perform all consulting in accordance w th this . This may be by Poway or cause in the event of a ' breach of this by in with the of this Agreement or the of or the failure to perform as by Poway. for cause shall be by delivery .of written notice of to Such shall be upon delivery of said notice. $. Poway may from time to time to certain to enable to perform the shall treat all such as whether or not so and shall not any part thereof without the prior consent of Po~ay. shall limit the u e and circulation of such even within its own to the extent y to perform the Tie of this 5, however, shall not app y o any part of'the tha~ (i) has been in pu licly sources of (ii) is, through no fault of in sources of (iii) is now in the of without any of ; or (iv) has been or is rightfuliy to by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully by that third party. shall not any r~ports, or other results of the or the of the subject matter of this the prior consent of the City. In its , shall comply with all legal obligations it may now or have the or other of any other person, firm or 6. to Others. shall not any other client, public or in to City during the term of this unless first obtains the express co~sent of City. 5 o~ ~] MAR 14 1995 7. Office · and S shall provide ts own office space and support at its sole cost an Poway will also provide office space at 13325 Civ c Center Drive which the Consultant may use as y to tasks and relating to the of the CDBG Housing Program. 8. !onti~ ~ Fees. that it has not or any company or person, other than a bona fide employee working for to solicit or secure this that it has not paid or agreed to pay any company or person, other than a bona fide any fee, fee, gift or any 6ther contingent upon or from the award or making of the A For breach of of this y, Poway shall ave the right to annul is , or, a its sole to deduct ~rom the price or or recover the full a~ount of such fee, percentage, fee, gift or fee. 9. Ail plans, maps and other prepared or under the terms of this shall be the of Poway and shall be to P6way by upon demand. 10. of and Reform Act During the term of this shall not act as or perform of any kind for any person or entit whose in any way with those of Poway. shall at all times comply, with the terms of the Reform Act and the local of shall y itself and shall not use ts official position to in any way any matter com%ng efore the City of Poway in which the has a as in Code Section 87103. that it has no of any which would require it to y itself from any matter on which it might perform for Poway. shall comply with all of the of the Reform Act and local shall file of with the City Clerk of the City of Poway in a timely manner on forms which shall obtain from the City Clerk. --3-- 6 of 14 1995 20 11. No Ass . Neither any part nor all of this .- .may be or except as herein, or to which Poway, in its sole consents to in advance thereof in writing. Any assignment or subcontracting in violation of this p shall be void. 12. of shall all books, papers, time sheets, and other ~ to costs and shall make such available at its office at all reasonable times during the period and for three (3) years from the date of final payment under this for by Poway and copies thereof shall be if requested. At all times during the term of this shall be an independent and shall ~ot be an employee of the City of Poway or the Powa 9ment Agency. Poway shall have the right to control only insofar as the results of to this however, Poway shall not have t e right to control the means by which accomplishes sevices outside of the sc pe of this Ag 14. represents and to Poway that it has all and of nature that are legally to its and to Poway that Consultant sha 1, at its sole cost and keep in effect at all times dur ng the term of this any permit, or wh ch is legally for to practice its shall provide as set forth in Exhibit "A" "Special hereto and made a part hereof. any other p in this shall be for all to persons and for all damage to real or ok Pow~y or others, caused by or from the act or acts, errors, or ofitself, its or its'agents 7 of 13 MAR 1 4 1995 17~-~ 20 during the progress of, or in with, the f hereunder, shall hold and Poway, and all and of the City of Poway and t e Pow y pment Agency from ail costs and claims for damages o rea or , or injury to any third party, fees from the ' of its or its agents, under ~his Except as Poway may specify in shall have no y, : or implied, to act on behalf of Poway in any as an agent, shall have no , or ' to this to bind Poway to any obliga ion shall ~ssign and to Poway shall have the right to review and disapprove personnel for assignment to Poway projects. Poway shall have the right to order the removal of any person(s) by by giving oral or notice to ~o such effect. shall at all times comply with Poway's drug and alcohol then in effect. Notices shall be given as on Exhibit "A" hereto and made a part hereof. In the event of a dispute between Poway and the terms of this or its p the parties agree to submit such d~spute to before the or other mutualIy In the event that the subject of such is claimed by in the event of damages shall be limited to for the 60- day period for which would have been be to receive if cause. In the event of each party shall bear its own fees and costs ' 21. Gender. Whether to in the or as "it," shall mean the or 8 of 13 and any and all employees of consultant providing hereunder. 22. Entire This Agreement shall constitute the entire understanding between Consultant and Poway relating to the terms and conditions of the to be by IN WITNESS , the parties hereto have duly this on the date first above Dated: CITY OF POWAY By: Its: Dated: HOUSING INC. By: Its: MAR 1 4 1995 17~,.'V] 20 9 of I3 "SPECIAL PROVISIONS" EXHIBIT "A" 8co' of agrees to perform as by Poway. shall provide the to perform the In of the shall: 1. Provide on-site Program to Program goals. 2. Provide Program to accomplish Program Goals. 3. Review Program to initial by s income and size. 4. Conduct an inspection for each property to be and a work /cost Manage' process. 5. Prepare all loan to ensure Poway's in each unit. 6. Furnish escrow 7. Provide or loan 8. Perform other as by Poway staff. -7- MAR 1 ,~ ]995 I']'~ 20 10 of 13 B. ~d Poway shall pay a fee not to exceed $17,000 per year as for Said fee shall 1. On-site and off-site Housing Rehabilitation Program at the rates: Manager $68.00/hour Manager $50.O0/hour $24.00/hour Said rates shall be fixed for a period of one year, from the date of this amendment, after which time they may be adjusted once at the mutual of both 2. Poway shall also pay Consultant for fixed costs with the review and of CDBG Housing Loans, which include the a. Title reports $60.00 per loan b. Appraisals $125.00 per loan c. Tax Service $48.00 per loan d. Due on Sale Service $6.00 per loan. e. Fees $7.00 to $13.00 per loan f. Notice of Completion $10.00 per loan g. DHCD Title $3.00 $43.00 per loan (for Homes) 3. fee shall include and shall be for the payment of all state, and local taxes of any kind which are to the In to said fee, shall be for any unusual travel expenses which are approved in advance by Poway staff. All shall be and supported by receipts for amounts in excess of 4. for of expenses shall be paid within ten days of approval by Poway. Ail other shall be in with Poway's cash in effect at the time -8- AR1419 5 IiE 20 11 of 13 Co Term off This shall be from the period March i4, 1995 and ending March 14, 1996, unless soone by ~owa~ as provided in the section of this " The term of this may be upon by both Upon expiration or o this Consultant shall return to Poway any and al eq or and all copies made thereof which from Poway or for Poway for the of this D. shall obtain and during the life of this all of the 1. ~ne~ / broad form damage, and blanket 2. ' owned, hired, and 3. Co in amount. Ail of the which are above shall be for the policy of shall be for the the above for the three a. (Not for Comp ) "CITY OF POWAY" and its elected and boards, agents, and are with respect to this subject 'project and with Poway." b. Notice. "Said policy shall not nor shall it be until thirty (30) days after notice is given tQ Poway." c. Pr~ Co% "The policy and to Poway and its elected and boards, agents, and shall be primary .' and not with any o~her by Poway.." -9- 12 of 13 The policy limits shall have as Property Damage . $ 500,000 per General Liability . $ 500,000 per person per / $1 per Auto $ 500,000 per person per / $ 500,000 per In the shall have $ Excess Coverage for Auto and General y. shall provide Poway of showing the in the above, in a form and conte~t approved by Poway, prior to beginning work under this E. No~ices. All and payments shall be in writing and sent to the following addresses: To City of Poway 13325 Civic Center Drive Poway, CA 92064 To Housing Inc. 8840 Warner Avenue Suite 204-F Valley, CA 92708 -10- ~3 of ~3 MAR 14 1995 I~.'~ 20