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HomeMy WebLinkAboutReso 118-09 Tri Valley House OppRESOLUTION NO. 118- 09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING A MASTER AGREEMENT FOR SERVICES 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 of the Tri-Valley Housing Opportunity Center (TVHOC) 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, and the City and Tri-Valley Housing Opportunity Center have developed Programs to provide this assistance; and WHEREAS, the City of Dublin recognizes the need to assist homeowners with Early Delinquency and Default/Foreclosure Loss Mitigation Services; and WHEREAS, the City Council on June 23, 2009, awarded the Tri-Valley Housing Opportunity Center $25,000 to provide funding for the various programs that the Tri Valley Housing Opportunity Center provides; and WHEREAS, the Master Agreement for Services sets forth the terms and conditions under which the TVHOC will provide services to City of Dublin households. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the Master Agreement for Services attached as "Exhibit A", with the Tri Valley Housing Opportunity Center. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Agreement on behalf of the City. Page 1 of 2 PASSED, APPROVED AND ADOPTED this 18th day of August, 2009 by the following vote: AYES: Councilmembers Biddle, Hildenbrand, Scholz, and Mayor Sbranti NOES: None ABSENT: Councilmember Hart ABSTAIN: None Mayor ATTES ~~ City Clerk Reso No. 1 18-09, Adopted 8-18-09, Item 4.4 Page 2 of 2 ~ 82 r ` ~~ ' ~~/ Tri-Valley Housing Opportunity Center ~~ .4~ 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 18, 2009 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 Programs that benefit the City of Dublin as well as other Tri Valley communities which include, but are not limited to those described on the Attachment entitled "Scope of Work"; and WHEREAS, the purpose of this Agreement is to set forth the terms and conditions under which TVHOC will provide these programs to the City of Dublin. Now, therefore, the Parties hereby agree as follows: AGREEMENT SECTION I 1. Term. The term of this Agreement will commence upon August 18, 2009 and will terminate on June 30, 2010. This Agreement may be renewed for a specified period of time, upon mutual written consent of the Parties: 2. Services. 2.1 Scope of Services. TVHOC agrees to perform the services and activities specified in the Scope or Work attached hereto, and incorporated by reference herein. Where applicable, CITY agrees to pay TVHOC for services in accordance with the fee schedules set forth in 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 which TVHOC is engaged in the geographical area in which TVHOC practices its profession. TVHOC shall prepare all work products Master Agreement Page 1 of 6 August 18, 2009 K:\Staff Reports- PC and CC\2009\CC\TVHOC Master Agreement FY 2009-2010\Dublin - TVHOC Master Agreement 2009-2010 (2).DOC Exhibit A to A aa-..-L~-._a 1 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. 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 in writing and shall be effective upon execution of a written amendment to this Agreement, including a fee schedule, if applicable. 5. On~oina Cooperation and Meetings TVHOC and CITY acknowledge and agree that a continuous process of communication and cooperation is necessary in order to serve participants of the programs effectively. 6. Employees and Equipment. TVHOC agrees 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 of the CITY. 7. TVHOC No A ent. 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. 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 Master Agreement Page 2 of 6 August 18, 2009 K:\Staff Reports- PC and CC\2009\CC\TVHOC Master Agreement FY 2009-2010\Dublin - TVHOC Master Agreement 2009-2010 (2).DOC J 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 of this 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. HeadinQS. 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. Governin 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 the federal district courts sitting in California, which courts will have exclusive jurisdiction for such purpose. SECTION II Services Completion of Services: TVHOC shall. complete the work described in the Scope of Services prior to June 30, 2010, 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. Master Agreement Page 3 of 6 August l8, 2009 K:\Staff Reports- PC and CC\20091CC\TVHOC Master Agreement FY 2009-2010\Dublin - TVHOC Master Agreement 2009-2010 (2).DOC SECTION III Compensation During the term of the Master Agreement for Services, City shall pay TVHOC for services rendered pursuant to this Attachment up to a maximum amount of Twenty-Five Thousand Dollars ($25,000) ("Maximum Payment Amount") in the time and manner set forth herein. The payments specified herein shall be the only payments City shall be obligated to pay TVHOC pursuant to this Attachment. 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. 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 maybe eligible and that City has no responsibility for such contributions except as expressly provided herein. 3.1 Payments. City shall pay TVHOC only for the services described in the Scope of Work. In no event shall City be obligated to make payments to TVHOC in excess of the Maximum Payment Amount. 3.2 Invoices. TVHOC shall submit invoices, preferably quarterly, but no more frequently than monthly, for the cost of services performed and reimbursable costs incurred since the last billing period. Invoices shalt contain the following information: • Serial identifications of progress bills; i.e., Progress Bill No., l 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 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; Master Agreement Page 4 of 6 August 18, 2009 K:\Staff Reports= PC and CC\20091CC\TVHOC Master Agreement FY 2009-2010\Dublin - TVHOC Master Agreement 2009-2010 (2).DOC 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 timesheets 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 18, 2009. 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. 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 Tri-Valley Housing Opportunity Center Attn: City Manager Attn: Center Director 100 Civic Plaza 20 - A South L Street Master Agreement Page 5 of 6 August 18, 2009 K:\Staff Reports- PC and CC\2009\CC\TVHOC Master Agreement FY 2009-2010\Dublin - TVHOC Master Agreement 2009-2010 (2).DOC Dublin, CA 94568 Livermore, CA 94550 20. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one instrument. 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, Center Director Tri-Valley Housing Opportunity Center, Inc. Joni Pattillo, City Manager City of Dublin 1132769.1 Master Agreement Page 6 of 6 August 18, 2009 K:\Staff Reports- PC and CC\20091CC\TVHOC Master Agreement FY 2009-2010\Dublin - TVHOC Master Agreement 2009-2010 (2).DOC SCOPE OF SERVICES TRI VALLEY HOUSING OPPORTUNITY CENTER FY 2009-2010 The Tri Valley Housing Opportunity Center will provide the following programs for the City of Dublin during FY 2009-2010: 1. Financial Literacy Education Program. 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. 2. Family Stability and Home Linkage Program. The Tri-Valley Housing Opportunity Center (TVHOC) Family Stability and Home Linkage Program is aOne-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. 3. Renter and Homebuyer Counseling and Education. Participants will receive information on the steps involved in buying a house. To achieve this objective, at the conclusion of the class, 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. 4. Workforce Development. TVHOC will assist those with difficulty in locating work to update their resumes, conduct job searches, and prepare 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. 5. Earned Income Tax Credit Preparation. TVHOC will provide free income tax service to low-income Dublin residents in FY 2009-2010. TVHOC will assist low-income households claim their Earned Income tax Credits, and apply those funds to savings. -I- K:\Staff Reports- PC and CC\2009\CC\TVHOC Master Agreement FY 2009-2010\jdb revisions to TVHOC SCOPE OF SERVICESFY09-1 O.DOC 6. Home Buyer Program. The program includes post-purchase follow-up consultation sessions to include: creating a new spending plan, review of loan documents, review of Resale Restrictions (if applicable), and the establishment of an Ownership Action Plan. In addition a Protect Your Investment Workshop will be provided which includes basic home repair tips, insurance coverage; Wills and Estate Planning, Resale Restrictions (if applicable), and refinancing. 7. Early Delinquency and Default/Foreclosure Loss Mitigation Program. TVHOC will provide Early Delinquency and Default/Foreclosure Loss Mitigation Services to City of Dublin residents. This will include services to assist those residents who are experiencing difficulties in making their mortgage payments, due to a loss of employment, medical problems, or a challenging loan structure. TVHOC will provide individualized consultation services to work with troubled homeowners and the lender to resolve issues. 8. Asset Develoament or Wealth Creation. The program will be offered to those who are extremely low-income. If funds are available to the participant, eligible participants 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 or higher education, to start amicro-business, or to purchase a home. The matched program will be offered at a rate of 1:1 for education, micro-business, and if funds aze available, a rate of 2:1 for homeownership. The program 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. 9. Below Market Rate Resale Linkage. 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, 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. 1134502.1 -2- K:\Staff Reports- PC and CC\2009\CC\TVHOC Master Agreement FY 2009-2010\jdb revisions to TVHOC SCOPE OF SERV 1CESFY09-] O.DOC