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HomeMy WebLinkAbout8.2 Tri-Valley Housing Opportunity CITY CLERK File # O[l2][{2J[Q]..[3J(QJ AGENDA STATEMENT CITY COUNCIL MEETING DATE: August 21, 2007 SUBJECT: The City of Dublin and the Tri- Valley Housing Opportunity Center Master Agreement for Services Report Prepared by John Lucero, Housing Specialist ATTACHMENTS: 1) Resolution Approving a Master Agreement for Services (with the Agreement attached as Exhibit A, the Tri- Valley Region Below Market Resale Linkage Program as Attachment 1 to Exhibit A, and the Tn-Valley Housing Opportunity Center Family Stability and Home Linkage Program document attached as Attachment 2 to Exhibit A). RECOMMENDATION: ~ ~ / /,It! ~~ rJ:' 3) Receive Staff presentation; Deliberate; and Adopt Resolution Approving a Master Agreement for Services with the Tri Valley Housing Opportunity Center. FINANCIAL STATEMENT: Included with the Master Agreement are two proposed programs. The City Council included $20,000 in the FY 2007-2008 budget for the Family Stability and Home Linkage Program. The Tri-Valley Regional Below Market Rate Resale Linkage Program would have no fmancial impact to the City. DESCRIPTION: Background On September 17, 2002, the City Council indicated support for the creation of a Housing Clearinghouse that would function as a One-Stop Center for affordable housing questions and provide homebuyer education in the Tri-Valley. The Tri-Valley Housing Opportunity Center (TVHOC) opened for business in September 2005 to provide the anticipated services to the residents of the Tn-Valley. A Public Participation Jurisdiction Agreement (PPJA) was approved on May 2, 2006 by the City Council to provide $50,000 to the TVHOC for operating start-up funds. .------------------------------------------------------------------------------------------------------------ COPY TO: Page 1 of 4 ITEM NO. ~. 2. K:lAgendo Stfltements\2007\CCtCCSR TVHOC Master Agml IJ..21-07.doc On March 28, 2007, as part of the development of the FY 2007-2008 Goals and Objectives, the City Council approved, as a high priority goal, "work with the TVHOC to determine how the TVHOC can complement the services provided by the City of Dublin." Based on this direction, Staff has worked in partnership with the TVHOC to create a Master Agreement for Services (Exhibit A to Attachment 1) to better defme TVHOC's services to Dublin residents. On June 28, 2007, the City Council awarded the TVHOC $20,000 to provide funding for the TVHOC Family Stability and Home Linkage Program. The Program is a One-Stop Financial Education Program for extremely-low to low income households. The TVHOC is currently providing Dublin residents with Homeownership Orientations, Homebuyer Education classes, and One-Stop Financial Education programs. ANALYSIS: Master Agreement for Services (Exhibit A) The purpose of the Master Agreement for Services (Agreement) is to set forth the terms and conditions under which the TVHOC and the City of Dublin will work during the term of the Agreement to provide services. Services include, but are not limited to: financial education programs, homeownership and rental counseling and education, and programs to assist in the creation and preservation of the affordable housing supply. The term of the Agreement is for one year. At the conclusion of one year, the City Council can make a determination on whether to extend the Agreement for subsequent years. TVHOC is working with the Cities of Pleasanton, Livermore, San Ramon and Danville to enter into a similar Agreement. Staff has been working with TVHOC on several programs. In order to better define how TVHOC's services can better complement the City of Dublin's services, the City Council can elect to support particular programs that will be offered by TVHOC. The first of these new programs are attached to the Master Agreement as Attachments 1 and 2 to Exhibit A. In addition, the Master Agreement and Attachments provide a mechanism to compensate (if applicable) the TVHOC for services. The services/programs the TVHOC will provide and any cost associated with such services/programs is detailed in the Attachments to the Agreement. Each Attachment, described below, reflects a new program that will be offered to the citizens of Dublin. The Tri-Valley Region Below Market Rate (BMR) Resale Linkage Program (Attachment 1 to Exhibit A) Program Description: To date, Dublin's Inclusionary Zoning Ordinance has produced over 250 units of homeownership of Below Market Rate (BMR) units. The Inclusionary Zoning Ordinance also ensures that Dublin's affordable housing stock is preserved for a specified time. To preserve the BMR stock, owners of the BMR units are required to enter into a Resale Restriction Agreement limiting the resale price of the unit and thereby limiting equity gain in the unit. Should a BMR owner choose to sell the unit through a real estate professional, the cost of commissions, real estate closing costs, and other expenses could strip the owner of any accumulated equity. 2~, 4 The resale of BMR units is multifaceted and time consuming due to the screening of potential buyers for household income, size, and assets. To assist BMR owners with the resale of their unit, Staff and the TVHOC have developed the Tri-Valley Region Below Market Resale Linkage Program. The Program will provide BMR sellers with resale services such as marketing, education, and guidance during the resale of the BMR unit. TVHOC's Services: The TVHOC will assist the BMR seller with the sale of the BMR unit for a nominal fee currently set at .25% of the sale price of the BMR unit. Half of the .25% fee will be paid upon submittal of a customer service agreement to the TVHOC and the remainder of the fee is paid upon close of escrow. The .25% fee will pay for TVHOC's services for setting up and administering the Program. To assist with the origination and follow-up of a Purchase Agreement of the BMR unit, TVHOC will work in partnership with real estate agents that are committed to reducing the transaction costs by providing a deeply reduced commission fee. The TVHOC, the City of Dublin, and the City of Pleasanton have conducted a pilot program of the BMR Resale Program for three BMR owners in the past three months with great success. City's Services: Staff will provide TVHOC with any changes to the Resale Restrictions Agreements, Inclusionary Zoning Ordinance, and Layperson's Guide To The Inclusionary Zoning Ordinance Regulations that effect the services and delivery of the Program. Changes include, but are not limited to: processing and underwriting procedures, creating and updating forms used to administer the Program, and marketing material. In addition, Staff will participate and schedule monthly meetings with TVHOC staff to communicate the program's progress and changes in the program. Financial Impact to City: The BMR Resale Linkage Program does not have a fmancial impact to the City of Dublin. The fee for use of the BMR Resale Program will be paid by the Seller of the property and the City will not be obligated or charged for services rendered. It is anticipated that the other Tri- Valley municipalities will incorporate the BMR Resale Linkage Program into their affordable housing programs. Tri-Valley Housing Opportunity Center Family Stability and Home Linkage Program (Attachment 2 to Exhibit A) Program Description: The Family Stability program will provide Financial Literacy Education, Affordable Rental and Homeownership opportunities, Workforce Development, and Asset Development classes to very-low and low income individuals, households, and emancipated youth in the City of Dublin. 3 r;( 4 I TVHOC's Services: The Financial Literacy program will be taught in English and Spanish, and will use a 10-module curriculum over six weeks. The program will include one-on-one case management to assist individuals develop a monthly spending plan, establish or improve credit, and develop a savings program. The Linkage Program will include Workforce Development classes, which will assist those with a difficulty in locating work; updating resumes, conducting job searches, and preparing for job interviews. Asset Development Classes will be offered to assist individuals and households to save funds to pay for job training classes, higher education, start a micro-business, or homeownership. The classes will be offered to households who are extremely low-income, and if eligible, such households will be enrolled into an Individual Development Account (IDA). IDAs are matched saving programs to assist low-income individuals with savings goals. Similar to the monitoring process for Community Block Grant recipients, the City will monitor the TVHOC for compliance with the contract's provisions as outlined in the Scope of Services in Attachment 2 to the Agreement. City Services: The City of Dublin's responsibility is to monitor and make payments quarterly based on invoices and reports received for services satisfactorily performed. The reports shall include a description of the progress made by TVHOC in accomplishing the milestones and objectives outlined in the Program. TVHOC shall maintain records for program review, evaluation, audit and/or other purposes and make them available to the City at least quarterly or upon request. Financial Impact: The City Council included $20,000 in the FY 2007-2008 budget for the Family Stability and Home Linkage Program. The services offered by the TVHOC are designed to compliment the programs Dublin currently offers and will be valuable for many of Dublin's citizens who are interested in moving up to homeownership. The services are available to all income eligible (low and very low) residents. In addition, the TVHOC programs will be offered to tenants involved in the redevelopment of Arroyo Vista. The Master Agreement and new programs will provide a benefit to the City by leveraging resources with other funding that the TVHOC receives and TVHOC's expertise in providing the services not offered by the City. RECOMMENDATION: Staff recommends that the City Council: 1) Receive Staff presentation; 2) Deliberate; and 3) Adopt Resolution Approving a Master Agreement for Services with the Tri Valley Housing Opportunity Center. 4 lip RESOLUTION NO. XX- 07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ******************** AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF DUBLIN AND THE TRI- VALLEY HOUSING OPPORTUNITY CENTER WHEREAS, the City of Dublin recognizes the need for financial education programs, homeownership and rental counseling and education, and programs to assist in the creation and preservation of the affordable housing supply; and WHEREAS, the City of Dublin recognizes the need for resources to protect households from unfair rental and lending practices through counseling and education; and WHEREAS the City of Dublin supports the operation and of the Tri-Valley Housing Opportunity Center to promote homeownership, financial literacy, workforce development, and asset development to very-low and low income individuals, households, and emancipated youth in the City of Dublin; and WHEREAS, the City of Dublin recognizes the need to assist Below Market Rate Homeowners with the resale of their unit, the City and Tri-Valley Housing Opportunity Center have developed the Tri- Valley Region Below Market Resale Linkage Program; and WHEREAS, the City Council on March 28,2007, included working with the Tri-Valley Housing Opportunity Center to determine how the Tri-Valley Housing Opportunity Center can complement the services provided by the City as a high priority in the Fiscal Year 2007-2008 Goals and Objectives; and WHEREAS, the City Council on June 28, 2007, awarded the Tri-Valley Housing Opportunity Center $20,000 to provide funding for the Tri-Valley Housing Opportunity Center Family Stability and Home Linkage Program. The Program is a One-Stop Financial Education Program for extremely-low to low income households. NOW, THEREFORE, BE IT RESOLVED that the City Council ofthe City of Dublin: 1. Approves a Resolution Approving a Master Agreement for Services (with the Agreement attached as Exhibit A, the Tri-Valley Region Below Market Resale Linkage Program as Attachment 1 to Exhibit A? and the Tri-Valley Housing Opportunity Center Family amd Home Linkage Program document attached as Attachment 2 to Exhibit A); and 2. Authorizes the City Manager to sign the Agreement on behalf ofthe City. PASSED, APPROVED AND ADOPTED this 21 st day of August 2007 by the following vote: AYES: NOES: ABSENT: - 1 - " 2,.ll ATTACHMENT 1 ABSTAIN: ATTEST: City Clerk ~ I~ Janet Lockhart, Mayor K:\Agenda Statements\2007\Resolutions\TVHOC & Dublin Master Agreement.doc - 2 - 3 1ft Tri-Valley Housing Opportunity Center THE CITY OF DUBLIN AND THE TRI -VALLEY HOUSING OPPORTUNITY CENTER MASTER AGREEMENT FOR SERVICES This MASTER AGREEMENT FOR SERVICES (this "Agreement") is entered into on August 21. 2007 by and between the City of Dublin, a municipal corporation (CITY) and the Tri-Valley Housing Opportunity Center, Inc., a California nonprofit public benefit corporation (TVHOC), hereinafter referred to singularly as "Party" or collectively as "Parties." RECITALS Whereas, TVHOC has established the Tri-Valley Region Below-Market Rate ("BMR") Resale Linkage Program described in Attachment 1 attached hereto (the "TVRL") pursuant to which TVHOC assists BMR owners with the resale of their home; Whereas, TVHOC has established the Tri-Valley Family Stability and Home Linkage Program described in Attachment 2 attached hereto (the "Family Stability Program") pursuant to which TVHOC provides financial education and renter and homebuyer counseling and education to low-income families and individuals; Whereas, CITY desires to incorporate the TVRL and the Family Stability Program into its affordable housing program; and Whereas, the purpose of this Agreement is to set forth the terms and conditions under which TVHOC will provide the TVRL and Family Stability Program to CITY Now, therefore, the Parties hereby agree as follows: AGREEMENT 1. Term. The term of this Agreement will commence upon August 21. 2007 and will terminate on August 21. 2008. This Agreement may be renewed for a specified period oftime, upon mutual written consent of the Parties. 2. Services. 2.1 Scope of Services. TVHOC and CITY each agree to perform the services and activities specified in Attachment 1 and Attachment 2 (collectively, the "Attachments") attached hereto, and incorporated by reference herein. Where applicable, CITY agrees to Master Agreement between City of Dublin and TVHOC 1 August 21, 2007 e<\-HB\TA q lip pay TVHOC for servIces III accordance with the fee schedules set forth III the Attachments. 2.2 Standard of Performance. TVHOC shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in whichTVHOC is engaged in the geographical area in which TVHOC practices its profession. TVHOC shall prepare all work products required by this Agreement in a substantial, first-class manner and shall conform to the standards of quality normally observed by a person practicing in TVHOC's profession. 2.3 Time. TVHOC shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 2.2 above and to satisfy TVHOC's obligations hereunder. 2.4 Procurement Procedures. TVHOC is required to comply with the procurement procedures of the Office of Management and Budget (OMB) Circular A-IlO and A-122 for the procurement of supplies and services in connection with activities and services funded under this Agreement. 3. Termination. Either Party may cancel this Agreement by giving ninety (90) days' written notice to the other Party. In the event of cancellation, the Parties agree to work together to ensure that the best interests of the participant families are maximized. 4. Modification. TVHOC or CITY may from time to time request changes to the scope of the services set forth in Section 2 above. Such changes must be mutually agreed upon by the Parties and shall be effective upon execution of a written amendment to this Agreement, including a fee schedule, if applicable. 5. Ongoing Cooperation and Meetings. TVHOC and CITY acknowledge and agree that a continuous process of communication and cooperation is necessary in order to serve participants ofthe programs effectively. 6. Employees and Equipment. TVHOC and CITY agree that they have secured or will secure at their own expense all persons, employees and equipment required to perform the services set forth under this Agreement, and that all such services will be performed by persons authorized by law to perform such services. At all times during this Agreement, TVHOC shall be an independent contractor of the CITY and shall not be an employee of the CITY. Persons employed or retained by TVHOC in performance of the services set forth under this Agreement will not be employees or agents ofthe CITY. 7. TVHOC No Agent. Except as CITY may specify in writing, TVHOC shall have no authority, express or implied, (i) to act on behalf of CITY in any capacity whatsoever. or (ii) to bind the CITY to any obligation whatsoever. Master Agreement between City of Dublin and TVHOC 2 August 21,2007 6' r& 8. Severability. Should the application of any provision of this Agreement to any particular facts or circumstances be found by a court of competent jurisdiction to be invalid or unenforceable, then (a) the validity of other provisions of this Agreement shall not be affected or impaired thereby, and (b) such provision shall be enforced to the maximum extent possible so as to effect the intent of the Parties and shall be reformed without further action by the Parties to the extent necessary to make such provision valid and enforceable. 9. Exclusive Application. Nothing in this Agreement is intended or shall be construed to confer upon or give to any person, firm, or corporation other than the Parties hereto any right, remedy, or claim under or by reason of this Agreement. All terms and conditions in this Agreement shall be for the sole and exclusive benefit of the Parties hereto. TVHOC may not use CITY's program materials and CITY may not use TVHOC's program materials for purposes other than those set forth in this Agreement or at other times, without prior consent. 10. Indemnification. TVHOC agrees to indemnify, defend, and hold harmless CITY, its officers, agents, and employees, from any and all liability, loss, costs, and reasonable attorney's fees that may be sustained or incurred by reason of, or in consequence of, TVHOC's acts or omissions arising out ofthis Agreement. CITY agrees to indemnify, defend, and hold harmless TVHOC, its officers, agents, and employees, from any and all liability, loss, costs, and reasonable attorney's fees that may be sustained or incurred by reason of, or in consequence of CITY's acts or omissions arising out of this Agreement. 11. Non-assignability. Neither Party may assign this Agreement without the other Party's prior written consent. 12. Headings. The titles and heading of the various paragraphs of this Agreement are intended solely for convenience or reference and are not intended to affect the interpretation or construction of the provisions of this Agreement. 13. Time of the Essence. All times and dates in this Agreement shall be of the essence in the performance of this Agreement. 14. Entire Agreement. This Agreement, including Attachment 1 and Attachment 2, constitutes the entire understanding and agreement between the Parties with respect to the subject matter hereof. 15. Amendment. This Agreement may only be amended by a writing signed by all Parties hereto. 16. Governing Law. This Agreement and all collateral matters will be governed by and construed in accordance with California law and the Parties agree that any and all proceedings relating to this Agreement will be maintained in the courts of California or Master Agreement between City of Dublin and TVHOC 3 August 21,2007 , If! the federal district courts SIttIllg III California, which courts will have exclusive jurisdiction for such purpose. 17. Disputes and Fees. Disputes between the parties shall be resolved by binding arbitration, and the prevailing Party shall be entitled to recover from the other Party all reasonable costs, including but not limited to, reasonable attorneys' fees. 18. Notices. Notices given under this Agreement shall be in writing and shall either be served personally or delivered by first class u.s. Mail, postage prepaid. Notices shall be deemed received at the earlier of actual receipt or three (3) days following deposit in the U.S. Mail as provided above. Notices shall be directed to the following addresses, provided that any Party may change its address for notice by giving written notice.to the other Party in accordance with this notice section: CITY of Dublin Attn: City Manager 100 Civic Plaza Dublin, CA 94568 Tri-Valley Housing Opportunity Center Attn: Center Director 20 - A South L Street Livermore, CA 94550 20. Counterpart Copies. This Agreement may be signed in counterpart or duplicate copies, and any signed counterpart or duplicate copy shall be equivalent to a signed original for all purposes. 21. Cross-References. All cross-references in this Agreement, unless specifically directed to another agreement or document, refer to provisions in this Agreement, and shall not be deemed to be references to the overall transaction or to any other agreements or documents. IN WITNESS WHEREOF, this Agreement has been executed by the Parties hereto on the date first set forth above. Jacqueline Rickman Date Center Director Tri-Valley Housing Opportunity Center, Inc. Richard C. Ambrose Date City Manager City of Dublin Master Agreement between City of Dublin and TVHOC 4 August 21, 2007 1 1ft; Tri- Valley Housing Opportunity Center ATTACHMENT I To The Master Agreement for.Services Between the City of Dublin and the Tri- Valley Housing Opportunity Center (TVHOC) Name of Program: Tri-Valley Region Below-Market Rate Resale Linkage Program (TVRL) Section I Program Description The Tri-Valley Region Below-Market Rate (BMR) Resale Linkage Program (TVRL) is the Tri-Valley Housing Opportunity Center's below market rate/inclusionary unit resale program, which will provide the City of Dublin (CITY), Non-Profit Developing Agencies, Sellers and Buyers with resale services as a neutral party, such as facilitation, marketing, education, and guidance in the resale of below market rate/inclusionary units. TVRL Services · Provide seller and buyer with education and counseling services on the BMR resale restrictions rules and guidelines · Coordinate communication between the seller and buyer about the BMR Linkage Program · Provide seller with marketing assistance, i.e., BMR display board and flyer circulation · Provide seller and buyer referral services to Realtor's participating, at a reduced commission, in the TVRL Program · Provide Pre-Qualification services to buyer and CITY · Provide loan packaging assistance to the buyer · Provide lender referral services to buyer CITY Policies and Procedures All sellers must notify the CITY prior to the sale of any BMR unit. The CITY shall address questions concerning the property's resale restrictions. If applicable, the CITY may issue a Conditional Consent to Transfer, with a copy to the TVHOC, listing the conditions placed on the sale and the maximum resale price of the BMR unit. The Conditional Consent to Transfer will inform the seller of the option of contacting the TVHOC for assistance in the sale of the BMR unit. When a seller contacts the TVHOC for assistance, the TVHOC will ensure 1 Attachment 1 to Exhibit A 1 I (p that sellers wishing to partIcIpate in TVRL have previously notified and received permission from the CITY to sell the BMR unit. Seller Policies and Procedures . TVHOC will contact Seller to review conditional consent to transfer, establish what services are required for the transaction and discuss fees. . TVHOC staff will conduct a counseling session with the Seller and review resale restrictions. The counseling session should take place face to face, but should schedule not permit, telephone and email interviews are acceptable. . Sellers working without a real estate professional will be provided with a BMR Preferred Realtor Listing. . Sellers working with a real estate professional will provide TVHOC with the professional's contact information, and will request that the professional contact TVHOC staff for TRVL introduction and information on the Program. . Seller and/or real estate professional will provide TVHOC with unit description and factsheet/flyer in electronic format via disk or email (Publisher, Word, PDF or jpg). If the Seller does not have the access or ability to create a fact sheet/flyer, TVHOC will assist Seller in creating a flyer for circulation. 1 . TVHOC's menu of services and responsibilities are described in Section II, Roles and Responsibilities. Buyer Policies and Procedures 1. TVHOC staff will collect names and create a BMR Interest List based on the CITY's preference point system and will provide the CITY a data base with interested households that have been pre-screened and maintained on a Buyer's List, for future developments. 2. Interested Buyer(s) will meet with TVHOC staff for counseling and review of Resale Restriction Agreement and BMR program guidelines. 3. TVHOC staff will notify Seller and/or real estate professional of potential Buyer, and assist in scheduling an introduction of parties and property walk -through. 1 TVHOC does not guarantee to find a Buyer for the advertised property (s), and TVHOC does not negotiate or sell real estate 2 Irf rip 4. Buyer(s) of interest will meet with TVHOC staff to complete and determine eligibility (if applicable): a. Application for Inclusionary Unit b. CITY Inclusionary Qualification Questionnaire c. Credit Authorization d. Collection of financial documentation and verification e. Mortgage Conditions and Pre-Approvae 5. Multiple Buyers of interest and qualification will be first ranked on preference points, and if preference points are equal, then on a "Date and Time Stamp" entry; all documents will be stamped upon TVHOC receipt; documents received by mailed will be date recorded by U.S Postal Service postmark. 6. Buyers under consideration for the same property will be given a lottery number based on the above priority system. All remaining applicants will be maintained on the BMR Buyer List data base. The maximum lottery numbers: a. One Unit: 5 Buyers b. Two Units: 10 Buyers c. Three Units: 15 Buyers 7. TVHOC will host a lottery in the event of multiple qualified Buyers. The Seller will pick the lottery winner. 8. TVHOC staff will package Buyer(s) documentation and send package to the CITY for final approval. 9. TVHOC staff will notify Seller that the Buyer Package has been sent to the CITY for review and final approval. 10. CITY will notify Seller and TVHOC staff of approval or disqualification of Buyer Package. In the event that a Buyer Package is disqualified, the TVHOC staff will return to the lottery order and, if necessary the BMR Buyer's List and begins process from points #8 through #10. Fee The fee for the TVRL services will be 0.25% of the listed sales price, and paid to the TVHOC by the Seller. Half of the fee will be paid to the TVHOC, at the time the Customer Service Agreement is signed, the other half of the fee will be paid at close of escrow. The fee may be adjusted as necessary for changing conditions in the CITY. 2 Lender must able to work within the CITY lending and program guidelines and be able to provide Buyer with Community Lending options and products. 3 l~ oj 10 The TVRL is a comprehensive program, in-which the compensation is derived through the use of all services outlined in Section I, TVRL Program, and is not based upon an hourly computation. The fee for use of the TVRL Program will be paid by the Seller of the property and the CITY will not be obligated or charged for services rendered pursuant to this Attachment I. SECTION II Descriptions of Roles and Responsibilities Summary: The City of Dublin will provide new homeownership opportunities and overall management for all participants and qualified Buyers for the BMR Program. The Tri- Valley Housing Opportunity Center Inc. (TVHOC) will provide interested BMR Sellers information on the Tri-Valley Region BMR Resale Linkage Program (TVRL) with resale services as a neutral party, providing facilitation, marketing, education, and guidance in the resale of inclusionary/BMR resale units. Primary Role of CITY: . Manage the CITY's BMR resale process including answering Seller and Buyer questions on the BMR resale process, sending CITY -required documentation and/or notifications to the Seller, and referring potential Buyers to the TVHOC to begin the TVRL process. . Provide TVHOC staff with any changes to Resale Restrictions documentation or process, underwriting guidelines, and preferences, before introduction to the public. . Participate and schedule monthly meetings with TVHOC staff to discuss program progress, changes, and participants in the program. . Assist TVHOC with the creation of a shared Buyer's Interest List. . Through escrow instructions TVHOC will be provided with copies of closing documentation to include but not limited to: HUD-l Good Faith Estimate, Truth in Lending Statement, and the Final Closing Statement. Primary Role of TV HOC: . Provide coordination between the CITY, Seller, Buyer, Real Estate Professional, and Lender, in the resale of a BMR unit, in accordance to the Resale Restriction Agreement and Inclusionary Ordinance guidelines. . Provide owners of BMR property within the CITY with the Seller services of educating, counseling, and managing a resale process. . Provide the CITY with services of pre-screening and pre-qualifying Buyers for the Inclusionary /BMR Resale Units. . Assist Sellers in linking with pre-screened and pre-qualified Buyers in accordance with the CITY's Resale Restrictions and Inclusionary Ordinance. 4 . j ~l~' . Assist Sellers interested in the resale of their BMR unit to locate a reduced fee real estate professional. . Submit Application Package and BMR Application Summary-Income Calculator. TVHOC will review Buyer applications for completeness, and refer to the CITY applicants who meet the resale criteria. TVHOC will assist the Seller and Buyer with Q &A and processing assistance, to continue the applicant(s) participation. Only those that meet the CITY's resale guidelines will be deemed eligible to participate. · Provide additional housing counseling and education to participants that need additional assistance to qualify for a loan. . Assist CITY Staff, as needed, with additional support for tracking, or development of a shared data base of interested Buyers for current and future developments. 5 ItL~ Up Tri-Valley Housing Opportunity Center ATTACHMENT II To The Master Agreement for Services Between the City of Dublin and the Tri- Valley Housing Opportunity Center (TVHOC) Name of Program: Tri-Valley Family Stability and Home Linkage Program Section I Program Description The Tri- Valley Housing Opportunity Center (TVHOC) Family Stability and Home Linkage Program is a One-Stop-Financial Education Program for extremely-low-to-low- income, English, and Spanish speaking individuals, families, disabled persons, seniors, and emancipated youth. The program will provide financial education, renter and homebuyer counseling and education, and linkage opportunities to affordable housing. In addition, the Program offers Work Development and Asset Development classes in which individuals receive personalized assistance to help them be successful in meeting Life Skills, become self-sufficient and move toward long-term employment and financial goals. Through a partnership with the Associated Community Action Program (ACAP), TVHOC will offer free tax services in 2008 to low-income Dublin residents. Classes and Counseling Services . Financial Literacy Education The Financial Literacy program will be taught in English and Spanish, and will use the FDIC "Money Smart" 10-module curriculum over six weeks. The program will include: one-on-one case management to assist individuals to develop a monthly spending plan, establish or improve credit, locate a savings program, access banking services, and guard against predatory lending practices and identity theft. 1 Attachment 2 to Exhibit A /~ 'jl& . Case Management The Case Management program will allow clients to receive individualized assistance and be successful in meeting goals determined at the time of enrollment. Case Management and the Financial Literacy program will address the Life Skills that very-low and low-income households and emancipated youth in Dublin need to master in order to be successful in their life transitions. · Renter and Homebuyer Counseling and Education Participants will receive information on the steps involved in buying a house. To achieve this objective, the participants will be able to: · Describe the benefits and pitfalls of renting versus owning a home. · Identify the steps required to rent or buy a home. · Identify questions to ask to determine their readiness to buy a home. · Identify basic terms used in a mortgage transaction. · Describe the advantages and disadvantages of different mortgage options. . Workforce Development TVHOC will assist those with difficulty in locating work; updating resumes, conducting job searches, and preparing for job interviews. TVHOC will coordinate case management and workshops to coordinate with the Tri-Valley One-Stop Career Center and Las Positas College's Cal/Works programs for placement opportunities. · Earned Income Tax Credit Preparation (EITCP) TVHOC will provide free income tax service to low-income Dublin residents in 2008. TVHOC will attempt to assist low-income households' claim their Earned Income tax Credits, and apply those funds to savings. · Asset Development or Wealth Creation Programs The program will be offered to those who are extremely low-income, and if eligible, will be enrolled into the Individual Development Account (IDA). IDAs are matched savings programs that assist low-income households to save funds to pay for job training classes, higher education, or start a micro-business, or homeownership. The matched program will be offered at a rate of 1: 1 for education, micro- business, and 2:1 for homeownership; both will have a maximum savings of $1500.00. The Associated Community Action Program (ACAP) will be the TVHOC collaborating partner in the management of the savings and free income tax program. 2 '1 /0 SECTION II Services Completion of Services. TVHOC shall complete the work described in Section 4 prior to June 30, 2008, unless this Attachment is otherwise terminated or extended pursuant to Section 3 of the Master Agreement for Services. This Section shall not affect the City's right to terminate the Master Agreement for Services. SECTION III Compensation City hereby agrees to pay TVHOC a sum not to exceed Twenty Thousand Dollars ($20,000) ("Maximum Payment Amount"), notwithstanding any provision to the contrary contained herein. City shall pay TVHOC for services rendered pursuant to this Attachment at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to TVHOC for services rendered pursuant to this Agreement. TVHOC shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City, TVHOC shall not bill City for duplicate services performed by more than one person. TVHOC and City acknowledge and agree that compensation paid by City to TVHOC under this Attachment is based upon TVHOC's estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of TVHOC. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which TVHOC and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Attachment. 3.1 Payments. City shall pay TVHOC only for the services described in Section 4 below. In no event shall City be obligated to make payments to TVHOC in excess ofthe Maximum Payment Amount. 3.2 Invoices. TVHOC shall submit invoices, preferably quarterly, but no more frequently than once a month, for the cost of services performed and reimbursable costs incurred since the last billing period. Invoices shall contain the following information: . Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.; . The beginning and ending dates of the billing period; . A task summary containing the original contract amount , the total amount of all prior invoices to date, the amount of the invoice currently being submitted, the balance of funds under this Attachment, the percentage of completion of. the milestones 3 Ir; ::r ! (p Attachment, the percentage of completion of the milestones contained in Section 4 and identification of each budget line item. . Upon City's request, TVHOC shall provide to the City, for each work item in each task, a copy of the applicable time entries or time sheets showing the name of the person who completed the work, the hours spent by each person, a brief description of the work completed, and each reimbursable expense; 3.3 Quarterly Payment. City shall make quarterly payments to TVHOC, based on invoices received for the quarter, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 45 days from the receipt of an invoice that complies with the above requirements to pay TVHOC. 3.4 Final Payment. City shall pay the last invoice due pursuant to this Attachment within sixty (60) days after submittal to City of a final invoice and completion report. 3.5 Payment of Taxes. TVHOC shall be solely responsible for the payment of employment taxes incurred during the term of this Attachment and any similar federal or state taxes. 3.6 Payment upon Termination. In the event that the City or TVHOC terminates this Attachment pursuant to Section 3 of the Master Agreement for Services, the City shall compensate TVHOC for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of the written notice of termination. TVHOC shall maintain adequate logs and time sheets so that City may verify all costs incurred prior to the termination date. 3.7 Authorization to Perform Services. The TVHOC shall not begin providing services pursuant to this Attachment prior to August 21, 2007. 3.9 Records and Reports. TVHOC shall maintain records for project/program review, evaluation, audit and/or other purposes and make them available to City at least quarterly or upon request. The report shall include a description of the progress made by TVHOC in accomplishing the goals and objectives outlined in the work plan. It shall be the responsibility of the City to monitor the progress of the Program on a quarterly basis. 4 t~ ~j 1ft Section IV Scope of Services: The Family Stability and Home Linkage Program will service 153 Dublin households that are at risk households: low income, minority, limited-English, disabled, senior, and emancipated youth, and will offer all orientations, workshops, literature, and curricula and case management in English and Spanish. To address the high demand for Spanish speaking services, the Program Coordinator will be bi-lingual. The Program will provide four Dublin orientations and four financial literacy workshops; two in English, and two in Spanish. The orientations will serve as an introduction to the services and will provide an overview of the eligibility requirements. TVHOC will provide quarterly invoices and milestones, to reflect the Program's progress, challenges, and future development plans to all supporters of the Family Stability and Home Linkage Program. Milestones: The measure of success for the Program will be through assisting partIcIpants to successfully complete their established financial and housing goals and through case management and the tracking of the impact of education and services on the households. The goals by which to measure the success and client achievement would include the following: . 50 Dublin households will have taxes prepared, and will assist in the campaign to help low income tax filers collect their Earned Income Tax Credit and encourage savIllgs; . 120 Dublin households will attend a one (1) hour TVHOC Family Stability and Home Linkage Program and eligibility overview; . 60 Dublin households will meet with the Program Coordinator for a one-on-one program assessment and eligibility review; . 50 Dublin households will enroll into a five (5) week financial literacy course and case management program; . 25 Dublin emancipated youth will enroll into a five (5) week life skills course and case management program; . 20 Dublin households will attend homebuyer counseling, an eight (8) hour homebuyer workshop, and a loan application assistance session; . 3 Dublin households will qualify for and enroll into a IDA/IDEA matched savings plan; . 3 Dublin households will successfully complete their saver plan and invest in an asset of choice: job training, higher education, micro-business and or homeownership 5