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.
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)' 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.
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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.
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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
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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.."
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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
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~3 of ~3 MAR 14 1995 I~.'~ 20