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HomeMy WebLinkAbout5.1 RentAsstPgrm ECHOCITY CLERK FILE 600-30 AGENDA STATEMENT CITY COUNCIL MEETING DATE: August 21, 2001 SUBJECT: Agreement with Eden Council for Hope and Opportunity (ECHO Housing) and Allied Housing, Inc. for Use of City In-Lieu Funds for Rental Assistance Programs for Fiscal Year 2001-2002 Report Prepared by Carol Cirelli, Senior Planne~ ATTACHMENTS: Letters from ECHO Housing and Allied Housing, Inc. Resolution Approving the Contract Agreement between the City and ECHO Housing/Allied Housing, Inc. for the Use of In-Lieu Funds Contract between the City and ECHO Housing Contract between the City and Allied Housing, Inc. RECOMMENDATION".~X~// FINANCIAL STATEMENT: Adopt Resolution approving the contract between the City and ECHO Housing/Allied HoUsing, Inc. for the Use of In- Lieu Funds; and Authorize the City Manager to execute the contract agreement with ECHO'Housing for $20,000; and contract agreement with Allied Housing, Inc. for $36,000. In-lieu housing funds for this project have been approved under the Fiscal Year 2001-2002 Community Development Department budget. DESCRIPTION: The City received letters from ECHO Housing and Allied Housing, Inc. requesting the usage of the City's in-lieu affordable housing funds for the implementation of rental assistance programs in Dublin (see Attachment 1). ECHO Housing is requesting $20,000 of in-lieu fees for ECHO Housing's Rental COPIES TO: In-House Distribution ITEM NO. g:/housing/implementation program/rental assistance/cc staff report - ECHO and Allied 8-21-01 Assistance Program; and Allied Housing, Inc. is requesting $36,000 of in-lieu fees for rental subsidies for three Dublin families participating in the Tri-Valley Housing Scholarship Program. The City's Affordable Housing Implementation Program (AHIP) includes "Rental Assistance" as a fourth priority affordable housing program. The AHIP specifies that the City would provide rental assistance in the form of short-term grants to agencies. The funds would be allocated annually or another period of frequency as the City Council chooses to set. The AHIP also stipulates that the City should begin funding ECHO's Rental Assistance Program with an initial annual allocation $20,000 from in-lieu fees; and continue funding Allied Housing's Tri-Valley Housing Scholarship Program that will require a maximum of $36,000 in in-lieu fees for Fiscal Year 2001/2002. ECHO Housing through their rental assistance program shall provide rental assistance and case management services to Dublin residents for this Fiscal Year 2001-2002. Program implementation involves: pre-screening of clients to determine eligibility and rental assistance; support counseling (i.e., budget information, housekeeping tips, counseling on negative credit reports, etc.); information and referral for additional services, such as emergency medical services, discount food programs, emergency shelter availability, AFDC Homeless Assistance Funds, etc.; deposit and past-due rent guarantees; follow- up with clients that have been given loans for rent deposits, etc.; collection on loan guarantees; and on- going outreach. Allied Housing, Inc., as part of the Tri-Valley Housing Scholarship Program (TVHSP) for Fiscal Year 2001-2002, will be providing rental subsidies to rental property owners in Dublin. As part of the TVHSP implementation, Allied Housing, Inc. will be identifying participating landlords and tenants, coordinating program services and securing additional sources of funds. The City also approved $10,000 of Fiscal Year 2001-2002 Community Development Block Grant (CDBG) funds for providing case management services and program operation to three Dublin families. Allied Housing, Inc.'s goal is to help support families who want to stay in Dublin and help reduce their housing costs while they complete their schooling and secure employment. Both contracts stipulate that City staff will monitor the grants and that the contractor shall submit monthly reports summarizing the services performed for that month. In compliance with the AHIP, the contracts also specify that fifty percent of the funds allocated to the rental assistance programs shall serve those persons whose incomes fall below fifty percent (50%) of the County median income. The remaining fifty percent (50%) of the funds shall serve those persons whose income level is between fifty percent (50%) and eighty percent (80%) of the County median income. CONCLUSION: Staff recommends that the City Council: 1) adopt the resolution approving the contract between the City and ECHO Housing/Allied Housing, Inc. for the Use of In-Lieu Funds; and 2) authorize the City Manager to execute the contract agreement with ECHO Housing for $20,000; and contract agreement with Allied Housing, Inc. for $36,000. Eden Council for Hope & Opportunity 770 A Street o Hayward, CA 94541 o (510) 581-9380o FAX (510) 537-4793 March 14, 2001 Carol Cirelli Senior Planner 100 Civic Plaza Dublin, CA 94568 Dear Ms. Cirelii: On February 6~ 2001, the City Council of Dublin unanimously approved the funding allocations recommended by Staff for a rental assistance program. The amount recommended by Staff is $20,000 from in-lieu fees for ECHO Housing's Rental Assistance Program. Description of Agency Eden Council for Hope and Opportunity was founded in 1964 as a fair housing organization and incorporated in 1965. ECHO was established to promote accessibility in housing, and to prevent and eliminate homelessness. These objectives' are achieved through our housing counseling programs which include Fair Housing Investigation & Enforcement, Tenant/Landlord Counseling and Mediation, the Home Equity Conversion Counseling Program, the Rental Assistance Program, the Revolving Loan Fund program, Shared Housing, Mortgage Default/Delinquency and Pre-Purchase Counseling, and emergency grant programs. Description of ProRram The Rental Assistance Program (RAP) was developed 1987 in response to people's inability to cover delinquent rent payments and rising move-in costs. By providing temporary assistance to help with these expenses, RAP has empowered more than 2,000 families and individuals move into or stay in housing. RAP arranges for a payment schedule between the tenant and the landlord for payment of the delinquent rent or security deposit, so that the tenant does not have to come up with the money owed at one time. The tenant makes payments directly to the landlord, with ECHO Housing offering the landlord a guarantee that the tenant will make the payments as agreed. The guarantee is backed by ECHO's RAP Default Fund, which consists of foundation and local government financial support. Dublin's in-lieu fees would not be used for the Default Fund. In the event of a tenant default, the program reimburses the landlord for the outstanding debt not to exceed the total amount of the guarantee certificate, or acts as a credit reference for successful program participants. MAR 1 2001 DUBLIN PLANNING Additionally, the program may offer a small grant representing a portion of the outstanding debt to be issued to the landlord, thereby reducing the tenant's debt and/or the amount of payments due to the landlord. Seasons of Sharing and FEM~ provide these grants for payment of delinquent rent and move-in costs. RAP was designed with an eye on self-sufficiency and cost-effectiveness. Through the process, clients are encouraged to be self-sufficient as a result of participation in the project. Financial success is built into its revolving, self-sustaining nature, and, as a community service, the fund enables people to remain productive members of society. The following summary provides program information and projected 2001/2002 goals for the City of Dublin. Dublin's $20,000 in in-lieu fees would be allocated toward the following case management activities. A. Pre-Screening for Relocation/Rental Assistance- 120 Households (~ 10/month) ECHO staff will conduct pre-screening of clients to determine eligibility. Clients who have repayment ability (i.e., disposable income) will be referred to the next step of the program, described in the following sections. Clients who have no apparent repayment ability may be offered Critical Family Needs/Housing Assistance or FEMA funds for grant assistance, when available. ECHO staff will process their applications. B. Support Counseling - 60 Households (~ 5/month) ECHO staff will provide counseling regarding necessary support services to ensure long-term placement and stability of loan guarantee recipients as well as assist other RAP clients, who have been found to be ineligible for a RAP guarantee, with basic support and information. Such counseling shall consist of budgeting information, homeseeking tips, counseling on negative credit reports, etc. C. Information and Referral - 60 Households (~ 5/month) ECHO staff will provide information and referral regarding additional services available to clients. Such information will include AFDC Homeless Assistance Funds, SSI Special Circumstances Funds, emergency shelter availability, mental health services, emergency medical services, discount food programs, etc. D. Deposit/Past-due Rent Guarantees - 12 Households (~ 1/month) ECHO staff will conduct a formal intake and loan application interview with prospective applicants. This meeting will be held to secure required documentation, liability releases,. and verifications. Staff also will initiate negotiation with the landlord regarding terms, conditions, and information on RAP. E. Follow-up - 12 Households (~ 1/month) ECHO staff will provide follow-up on all loan guarantees. Additionally, support will be provided to the landlord and the tenant regarding problems, which may arise during the course of the agreement. F. Collection - As needed ECHO staff will conduct collection on loan guarantees, which are in jeopardy of default. Collection will consist of letters of warning, and/or telephone communication. ECHO will reimburse the landlord within a 15-20 day period in cases of default. G. Outreach- Ongoing The Rental Assistance Program has the endorsement of many public officials, community leaders, and housing industry representatives. The Oakland Board of Realtors, the Southern Alameda County Association of Realtors, and the Rental Housing Owners Association of the Greater East Bay have all endorsed the RAP program. We have established linkages with Lutheran Care for the Aging and Alameda County Social Services for leveraging guarantees with grant funds. ECHO staff will air quarterly cable access channel and radio public service announcements, network extensively with other service providers, provide direct marketing to apartment complexes and local Housing Authorities, make presentations to shelter and transitional housing staff and clients, and distribute program literature as needed. ECHO anticipates that approximately $1,667 per month would be invoiced to the City, based on the monthly goals stated above. We are requesting a $3,334 advance for start-up costs associated with the program. The advance will be reimbursed at a rate of approximately $303 per month for 11 months starting with the August 2001. Pro~ram Staffing and Reportin~ ECHO has allocated one .40 FTE Counselor to the City of Dublin contract. Administrative support will be provided by ECHO's Executive Director, Staff Services Coordinator, Bookkeeper, and Receptionist. The Staff Services Coordinator in conjunction with direct-service staff will be responsible for program reporting, coordinating outreach activities, problem solving and assisting with program fundraising, whenever necessary. ECHO Housing will provide monthly reports to the City for invoicing purposes and to evaluate the progress of the program, report outreach and marketing activities, and track suCCessful placement of guarantees. ECHO Housing wishes to thank the City of Dublin for its imerest in particiPating in this worthwhile project. Please contact me if you have any questions. Thank you. ~/ncerely, ~ mar ALLIED HOUSING Inc. Affordable Housinfl with Job Linka,qes Board of Directors Louis Chicoine, Board Chair Tri-City Homeless Coalition Paul Dezuriek, Esq., Vice President Robbins, Palmer, & Allen Nancy $chlunt~ Secretary/Treasurer Family Emergency Shelter Coalition Mark AnderSon Hewlett Packard Lea Eaglin Housing Authority oJ Alameda County Doug Ford Consultant Melissa Harris Linkages Program Graduate John Klein San Leandro Shelter Ruby Munoz Chiron Corp Celeste Williamson Prime Management Carp Joel Ko McCabe Executive Director 22245 .Mah~ St., Suite 200 Hayward, CA 94541 5~o/Bal.zalo fax 510/881-7320 Carol Cirelli Senior Planner 100 Civic Plaza Dublin CA 94568 January 31,2001 Dear Ms. Cirelli, The Dublin City Council unanimously approved to use $10,000 in CDBG money for case management for Dublin participants in the Tri- Valley Housing Scholarship Program for the fiscal year 2000-2001. We have entered into an agreement with the city for CDBG funds, but still need funds for rent subsidies for the clients. There are limited resources to pay rent subsidies for the Housing Scholarship. Program. Two sources identified include HOME Funds (which are currently used in Livermore and Pleasanton) and "in-lieu" funds. Our plan is to work with the city when Dublin applies for HOME funds for fiscal year 2001-2002. For this fiscal year, 2000-2001, we are asking that "in-lieu" funds be utilized to provide a $6,500 rental subsidy for one Dublin resident with whom the TVHS program has closely worked. This amount will be utilized to cover the estimated security deposit of $2,500 and a rental subsidy of up to $1000 per month for March 2001 through June 2001. Our goal is to help supPort families who want to stay in the City of Dublin and support a strategy for reducing their houSing cost to income ratio so that they can manage their family needs. We anticipate that Allied HOusing will serve three (3) families from Dublin, and project needing $369000 for rent subsidies for the 2001/2002 Fiscal Year. Our average annual rent subsidy' cost per family is $12,000 for market rents between $720 and $1300. A CDBG application for the case-management portion for services and program operations has been submitted for this fiscal year. The "in lieu" and/or HOME funds will only be used for rental subsidies and deposits for City of Dublin residents. For the entire Tri-Valley area, including Dublin, we intend to service 12 families during the next fiscal year. Students approved for the program are in progressive job skill classes at Las Positas College, Chabot, Western Career College, and Hayward Adult School. The Housing Scholarship model is only Successful with a commitment for tenant subsidies and case management working together. Dublin can make a difference in helping our families .at poverty level who are trying to better themselves. We respectfully request that "in-lieu" funds be approved for rental subsidies for this program. ~rno~rMa °mJ °N~a2a°~e/ Allied Housing Inc. RESOLUTION NO. - 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING CONTRACT WITH EDEN COUNCIL FOR HOPE AND OPPORTUNITY (ECHO HOUSING) AND ALLIED HOUSING, INC. FOR USE OF IN-LIEU FUNDS FOR FISCAL YEAR 2001-2002 WHEREAS, on February 6, 2001, the City Council approved the Affordable Housing Implementation Program (AHIP); and WHEREAS, one of the priority programs of the AHIP is Rental Assistance; and WHEREAS, the City has approved as part of the Fiscal Year 2001-2002 budget the use of $20,000 of in-lieu funds for ECHO Housing's Rental Assistance Program; and the use of $36,000 of in-lieu funds for Allied Housing, Inc.'s Tri-Valley Housing Scholarship Program; and WHEREAS, the in-lieu funds for the Rental Assistance Program and the Tri-Valley Housing Scholarship Program shall be used for rental assistance and rent subsidies; and WHEREAS, the Use of the in-lieu funds for rental assistance and rent subsidies is consistent with the Rental Assistance priority program of the AHI.P. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby approves the contract with ECHO HOusing for an amount not to exceed $20,000, and Allied Housing, Inc. for an amount not to exceed $36,000. PASSED, APPROVED AND ADOPTED this 21 st day of August 2001. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Mayor City Clerk g: lhouMng/implementation program[rental assistance lECHO-Allied contract resolution for 8-21-01 cc meeting AGREEMENT BETWEEN CITY OF DUBLIN AND EDEN COUNCIL FOR HOPE AND OPPORTUNITY (ECHO HOUSING) FOR FISCAL YEAR 2001/2002 ~' eD~a THIS AGREEMENT is made at Dublin, California, as of, August 21, 2001 by and between the CITY OF DUBLIN, a municipal corporation ("CITY"), and ECHO Housing, ("CONTRACTOR"), a California nonprofit corporation who agree as follows: 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, CONTRACTOR shall provide to CITY the services described in Exhibit A. CONTRACTOR shall provide said services at the time, place and in the manner specified in Exhibit A.. 2. PAYMENT. CITY shall pay CONTRACTOR for services rendered pursuant to this Agreement at the time and in the manner set forth in Exhibit B. The payments specified in Exhibit B shall be the only payments to be made to CONTRACTOR for serVices rendered pursuant to this Agreement. CONTRACTOR shall submit all billings for said services to CITY in the manner'specified in Exhibit B; or, if no manner be specified in Exhibit B, then according to the usual and customary procedures and practices which CONTRACTOR uses for billing clients similar to CITY. 3. GENERAL PROVISIONS. The general provisions set forth in Exhibit C are part ofthig Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the other term or condition shall control insofar as k is inconsistent with the general provisions. 4. ADMINISTRATIVE REOUIREMENTS. The administrative requirements set forth in Exhibit D are part of this Agreement. 5. EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference incorporated herein. 6. CONTRACT ADMINISTRATION. This Agreement shall be administered by Richard C. Ambrose ('!ADMINISTRATOR"). All correspondence shall be directed to or through the ADMINISTRATOR 'or his or her designee. 7. NOTICES. Any written notice to CONTRACTOR shall be sent to: Marjorie A. Rocha, Executive Director ECHO Housing 770 A Street Hayward, CA 94541 Any written notice to CITY shall be sent to: City of Dublin Attn: Richard Ambrose 100 Civic Plaza Dublin, CA 94568 g:\housing\implementation program\rental assistance\contract agreement with ECHO Housing 8. TIME OF PERFORMANCE. Services of the CONTRACTOR shall start the first (1st) day of July 2001 and end on the thirtieth (30th) day of June 2002. ~' ~rf/,~ 9. SPECIAL CONDITIONS. In compliance with the Affordable Housing Implementation Plan, fifty percent (50%) of funds allocated to the CONTRACTOR'S Rental Assistance Program shall serve those persons whose income level falls below fifty percent (50%) of the area median income. The remaining fifty percent (50%) of allocated funds shall serve those Persons whose income level is between fifty percent (50%) and eighty percent (80%) of the County median income. Executed as of the day first above stated: Attest: City Clerk Approved as to form: CITY OF DUBLIN a municipal corporation By. "CITY" By City Attorney "CONTRACTOR" SCOPE OF SERVICES The CONTRACTOR will provide the following rental assistance and case management services in a~cordance with the following projected 2001/2002 goals for the CITY: Ao Pre-Screening for RelocationJKental Assistance- 120 Households (~ 10/month) ECHO staff will conduct pre-s~reening of clients to determine eligibility. Clients who have repayment ability (i.e,, disposable income) will be referred to the next step of the program, described in the following sections. Clients who have no apparent repayment ability may be offered Critical Family Needs/Housing Assistance or FEMA funds for grant assistance, when available. ECHO staffwilt process their applications. B. Support Counseling - 60 Households (~ 5/month) ECHO staffwiil provide counseling regarding necessary support services to ensure long-term placement and stability of loan guarantee recipients as well as assist other RAP clients, Who have been found to be ineligible for a RAP guarantee, with basic support .and information. Such counseling shall consist of budgeting information, homeseeking tips, counseling on negative credit reports, etc. C. Information and Referral - 60 Households (~ 5/month) ECHO' staff will provide information and referral regarding additional services available to clients. Such information will include AFDC Homeless Assistance Funds, SSI Special Circumstances Funds, emergency shelter availability, mental health services, emergency medical services, discount food programs, etc. D. Deposit/Past-due Rent Guarantees - 12 Households (~ 1/month) ECHO staff will conduct a formal intake and loan application interview with prospective applicants. This meeting will be held to secure required documentation, liability releases, and verifications. Staff also will initiate negotiation with 'the landlord regarding terms, conditions, .and information on RAP. E. Follow-up - 12 Households (~ 1/month) ECHO staff will provide follow-up on all loan guarantees. Additionally, support will be provided to the landlord and the tenant regarding problems, which may arise during the course of the agreement. Exhibit A Page 1 of 2 g:~housing\implementation program~rental assistance\contract agreement with ECHO Housing EXHIBIT A F. Col[ec. tio.n.. - As needed ECHo. staff will conduct collection on loan guarantees, Which are in jeopardy of default. Collection will consist of letters of warning and/or telephone communication. ECHO will reimburse the landlord within a 15-20 day period in cases of default. G. Outreach- Ongoing The Kental Assistance Program has the endorsement of many public officials, community leaders, and housing industry representatives. The Oakland Board of Realtors, the Southern Alameda County A~sociation of Kealmrs, and the Rental Housing Owners Association' of the Greater East Bay have all endorsed the RAP program. We have established linkages with Lutheran Care for the Aging and Alameda County Social Services for leveraging guarantees with grant funds. ECHO staff will air quarterly cable access channel and radio public service announcements, network extensively with other service providers, provide direct marketing to apartment complexes and tocal Housing Authorities, make presentations to shelter and transitional housing staff and clients, 'and distribute program literature as needed. Exhibit A p. 2 of 2 EXHIBIT B PAYMENT SCHEDULE CITY shall pay CONTRACTOR an amount not to exceed the total sum of Twenty Thousand Dollars ($20,000) for services to be performed pursuant to this Agreement. CONTRACTOR .shall submit invoices on a monthly basis during the term of this Agreement based on the cost for services performed. All invoices shall include a detailed description of services performed pursuant to this Agreement. The CITY shall pay CONTRACTOR Three Thousand Three Hundred and Thirty Four Dollars ($3,334) in advance for start-up costs associated with the services to be performed pursuant to this Agreement. The advance shall be reimbursed from ECHO Housing to the City by applying a credit against the amounts billed for services rendered pursuant to this Agreement, until the amount of the advance haS been fully reimbursed to the City. The total sum stated above shall be the total, which CITY shall pay for the services to be rendered by CONTRACTOR pursuant to this Agreement. CITY shall not pay any additional sum for any expense or cost whatsoever incurred by CONTRACTOR in rendering services pursuant to this Agreement. CITY shall make no payment for any extra, further or additional service pursuant to this Agreement unless such extra service and the price therefore is agreed to in writing executed by the City Manager or other designated official of CITY authorized to obligate CITY thereto prior to the time such extra service is rendered and in no event shall such change order exceed twentv-five (25%) of the initial contract price. The services to be provided under this Agreement may be terminated without cause at any point in time in the sole and exclusive discretion of CITY. In this event, CITY shall compensate the CONTRACTOR for all outstanding costs incurred as of the date of written notice thereof and shall terminate this Agreement. CONTRACTOR shall maintain adeqUate logs and timesheets in order to verify costs incurred to date. The CONTRACTOR is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of a fully executed Purchase Order from the Finance Department of the City of Dublin. g:\housing\implementation program~rental assistance\contract agreement with ECHO Housing EXHIBIT C GENERAL PROVISIONS 1. INDEPENDENT CONTRACTOR. At all times during the term of this Agreement, CONTRACTOR shall be an independent contractor and shall not be an employee of CITY. CITY shall have the right to control CONTRACTOR only insofar as the results of CONTRACTOR'S services rendered pursuant to this Agreement; however, CITY shall not have the right to control the means by which CONTRACTOR accomplishes services rendered pursuant to this Agreement. 2. LICENSES; PERMITS; ETC. CONTRACTOR represents and warrants to CITY that he has all licenses, permits, qualifications and approvals of whatsoever nature, which are legally required for CONTRACTOR to practice his profession. CONTRACTOR represents and warrants to CITY that CONTRACTOR shall, at his sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for CONTRACTOR to practice his profession. 3. TIME. CONTRACTOR shall devote suchtime to the performance.of services pursuant to this Agreement as may be reasonably necessary for satisfactory performance of CONTRACTOR'S obligations pursuant to this Agreement. 4. INSURANCE REOUIREMENTS. CONTRACTOR shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the CONTRACTOR, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the CONTRACTOR'S bid. (a) Minimum Scope of Insurance. Coverage shall be at least'as broad as: 1. InSurance Services Office form number GL 0002 (Ed. 1/73) coveting comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage: ("occurrence" form CG 0001.) 2. Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile Liability, code 1 "any auto" and endorsement CA 0025. 3. Workers' Compensation Insurance as required by the Labor Code of the State of California and Employers Liability Insurance. (b) Minimum Limita of Insurance. CONTRACTOR shall maintain limits no less than: 1. · General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately m this project/location or the general aggregate limit shall be twice the required occurrence limit. Exhibit C (p. 1 of 4) 2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. 3. Workers' Compensation and Employers Liability: Workers' Compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. (c) Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the option of the CITY, either the insurer shall reduce or eliminate such deductibles or self, insured retentions as respects the CITY, its officers, officials and employees; or the CONTRACTOR shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. (d) Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions: 1. General Liability and Automobile Liability Coverages. a. The CITY, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the CONTRACTOR; products and completed operations of the CONTRACTOR, premises owned, occupied or used by the CONTRACTOR, or automobiles owned, leased, hired or borrowed by the CONTRACTOR. The coverage shall contain no special limitations on the scope of the protection afforded to the CITY, its officers, officials, employees or volunteers. b. The CONTRACTOR'S insurance coverage shall be primary insurance as respects the CITY, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the CITY, its officers, officials, employees or volunteers shall be excess of the CONTRACTOR'S insurance and shall not Contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the CITY, its officers, officials, employees or volunteers. d. The CONTRACTOR'S insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2. Workers' Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the CITY, its officers, officials, employees and volunteers for losses arising from work performed by the CONTRACTOR for the CITY. 3. Professional Liability. CONTRACTOR shall carry professional liability inSurance in an amount deemed by the CITY to adequately protect the CONTRACTOR against liability caused by negligent acts, errors or omissions on the part of the CONTRACTOR in the course of performance of the services specified in this Agreement. Exhibit C (p. 2 of 4) gShousing\implementation program~rental assistance\contract agreement with ECHO Housing 4. All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the CITY, (e) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A:VII. (f) Verification of Coverage. CONTRACTOR~ shall furnish CITY with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be' signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the CITY before work commences. The CITY reserves the right to require complete, certified copies of all required insurance policies, at any time. (g) Subcontractors. CONTRACTOR shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. (h) The Risk Manager of CITY may approve a variation in those insurance requirements upon a determination that the coverages, scope, limits and forms of such insurance are either not commercially available or that the CITY's interests are otherwise fully protected. 5. CONTRACTOR NO AGENT. Except as CITY may specify in writing, CONTRACTOR shall have no authority~ express or implied, to act on behalf of CITY in any capacity whatsoever as an agent. CONTRACTOR shall have no authority, express or implied, pursuant to this Agreement to bind CITY to any obligation whatsoever. 6. ASSIGNMENT PROHIBITED. No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect. 7. PERSONNEL. CONTRACTOR shall assign only competent personnel to perform services pursuant to this Agreement. In the event that CITY, in its sole discretion, at any time during the term of this Agreement, desires the removal of any such persons, CONTRACTOR shall, immediately upon receiving notice from CITY of such desire of CITY; cause the removal of such person or persons. 8. STANDARD OF PERFORMANCE. CONTRACTOR 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 CONTRACTOR is engaged in the geographical area in which CONTRACTOR practices his profession. All instruments of service of whatsoever nature, which CONTRACTOR delivers to CITY pursuant to this Agreement, shall be prepared in a substantial, first class and workmanlike manner and conform.to the standards of quality normally observed by a person practicing in CONTRACTOR's profession. Exhibit C (p. 3 of 4) 9. HOLD HARMLESS AND RESPONSIBILITY OF CONTRACTORS. CONTRACTOR shall take all responsibility for the work, shall bear all losses and damages directly or indirectly resulting to him, to any subcontractor, to the CITY, to CITY officers and employees, or to parties designated by the CITY, on account of the performance or character of the work, unforeseen difficulties, accidents, occurrences or other causes predicated on active or passive negligence of the CONTRACTOR or any subcontractor. CONTRACTOR shall indemnify, defend and hold harmless the CITY, its officers, officials, directors, employees and agents from and against any or all loss, liability, expense, claim, costs (including costs of defense), suits, and damages of every kind, nature and description directly or indirectly arising from the performance of the work. This paragraph shall not be construed to exempt the CITY, its employees and officers from its own fraud, willful injury or violation of law whether willful or negligent. For purposes of Section 2782. of the Civil Code the parties hereto recognize and agree that this agreement is not a construction contract. By execution of this agreement CONTRACTOR acknowledges and agrees that he has read and understands the provisions hereof and that this paragraph is a material element of consideration. Approval of the insurance contracts does not relieve the CONTRACTOR or subcontractors from liability under this paragraph. 10. GOVERNMENTAL REGULATIONS'. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, CONTRACTOR shall comply with all applicable rules and regulations to which CITY is bound by the terms of such fiscal assistance program. 11. DOCUMENTs. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda or other written documents or materials prepared by CONTRACTOR pursuant to this Agreement shall become the property of CITY upon completion of the work tO be performed hereunder or upon termination of the Agreement. Exhibit C (p. 4 of 4) g:\housing\implementation program\rental assistance\contract agreement with ECHO Housing EXHIBIT D ADMINISTRATIVE REQUIREMENTS 1. DOCUMENTATION AND RECORD KEEPING. (a) Records to be Maintained - The CONTRACTOR shall maintain all records that are pertinent to the activities to be funded under this Agreement. (b) Retention - The CONTRACTOR shall retain ali records pertinent to expenditures incurred under this Agreement for a period of three years after the termination of all activities funded under this Agreement. Records for non-expendable property acquired with funds under this Agreement shall be retained for three years after final disposition of such property. Records for any displaced person must be kept for three years after he/she has received final payment. (c) Client Data - The CONTRACTOR shall maintain client data demonstrating client eligibility for services provided. The data shall include, but not be limited to, client name, address, income level, or other basis for determining eligibility, and description of service provided. The information shall be made available to CITY staff monitors for review upon request. (d) Disclosure - The CONTRACTOR understands that client information collected under this Agreement' is private and the use of disclosure of such information, when not directly connected with the administration of the CITY's or CONTRACTOR's responsibilities with respect to services provided under this Agreement, is prohibited by the Minnesota Data Privacy Act unless written consent is obtained from the person receiving service and, in the case of a minor, that of a responsible parent/guardian. (e) Property Records - The CONTRACTOR shall maintain real property inventory records, which clearly identify properties purchased, improved, or sold. (f) Close Outs - CONTRACTOR obligation to the CITY shall not end until all close out requirements are completed. Activities during this close out period shall include, but are not limited to: making final payments; disposing of program assets (including the return of all unused materials, equipment, unspent Case advances, program income balances, and receivable accounts to the CITY); and determining the custodianship of records. (g) Audits and Inspections - All CONTRACTOR records with respect to any matters covered by this Agreement shall be made available to the CITY at any time during normal business hours, as often as the CITY deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the CONTRACTOR within, thirty days after receipt by the CONTRACTOR. Failure of the CONTRACTOR to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. AGREEMENT BETWEEN CITY OF DUBLIN AND ALLIED HOUSING, INC. FOR FISCAL YEAR 2001/2002 THIS AGREEMENT is made at Dublin, California, as of, August 21, 2001 by and between the CITY OF DUBLIN, a municipal corporation ("CITY"), and Allied Housing, Inc. ("CONTRACTOR"), a California nonprofit corporation who agree as follows: 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, CONTRACTOR shall provide to CITY the services described in Exhibit A. CONTRACTOR shall provide said services at the time, place and in the manner specified in Exhibit A. 2. PAYMENT. CITY shall pay CONTRACTOR for services rendered pursuant to this Agreement at the time and in the manner set forth in Exhibit B. The payments specified in Exhibit B shall be the only payments to be made to CONTRACTOR for services rendered pursuant to this Agreement. CONTRACTOR shall submit all billings for said services to CITY in the manner specified in Exhibit B; or, if no manner be specified in Exhibit B, then according to the usual and customary procedures and practices which CONTRACTOR uses for billing clients similar to CITY. 3. GENERAL PROVISIONS. The general provisions set forth in Exhibit C are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the other term or condition shall control insofar as it is inconsistent with the general provisions. 4. ADMINISTRATIVE REQUIREMENTS. The administrative requirements set forth in Exhibit D are part of this Agreement. 5. EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference incorporated herein. 6. CONTRACT ADMINISTRATION. This Agreement shall be administered by Richard C. Ambrose ("ADMINISTRATOR"). All correspondence shall be directed to or through the ADMINISTRATOR or his or her designee. 7. NOTICES. Any written notice to CONTRACTOR shall be sent to: Joel K. McCabe, Executive Director Allied Housing, Inc~ 22245 Main Street, Suite 204 Hayward, CA 94541 Any written notice to CITY shall be sent to: City of Dublin Attn: Richard Ambrose 100 Civic Plaza Dublin, CA 94568 8. TIME OF PERFORMANCE. Services of the CONTRACTOR shall start the first (1st) day of July 2001 and end On the thirtieth (30th) day of June 2002. g:\housing\implementation program~rental assistance\contract agreement with ECHO Housing 9. SPECIAL CONDITIONS. In compliance with the Affordable Housing Implementation Plan, fifty percent (50%) of funds allocated to the CONTRACTOR'S Rental Assistance Program shall serve those persons whose income level falls below fifty percent (50%) of the area median income. The remaining fifty percent (50%) of allocated funds shall serve those persons whose income level is between fifty percent (50%) and eighty percent (80%) of the County median income. Executed as of the day first above stated: Attest: City clerk Approved as to form: City Attorney CITY OF DUBLIN a municipal corporation By, By. "CONTRACTOR" EXHIBIT A SCOPE OF SERVICES The CONTRACTOR will provide rental subsidies to rental property owners in the City of Dublin in order to create three affordable transitional housing units as part of the Tri-Valley Housing Scholarship Program for the year 2001/2002. The cONTRACTOR shall have primary responsibility for carrying out all phases of the program, including, but not limited to, identifying participating landlords and tenants, coordinating program services and securing additional sources of funds. All actions related to the development of the program shall be 'reviewed and approved by the City Manager or his designee prior to commencement. CONTRACTOR shall enter into a contract with the tenant and property owner specifying the amount of rent, the services to be provided to the tenant, program goals of the tenants which shall specify affordability and occupancy levels, terms of affordability, maintenance and management standards, and other related requirements. g:\housing\implementation program\rental assistance\contract agreement with ECHO Housing EXHIBIT B PAYMENT SCHEDULE CITY shall pay CONTRACTOR an amount not to exceed the total sum of Thirty Six Thousand Dollars ($36,000) for services to be performed pursuant to this Agreement. CONTRACTOR shall submit invoices on a monthly basis during the term of this Agreement based on the cost for services performed. All invoices shall include a detailed description of services performed pursuant to this Agreement. The total sum stated above shall be the total which CITY shall pay for the services to be rendered by CONTRACTOR pursuant to this Agreement. CITY shall not pay any additional sum for any expense or cost whatsoever incurred by CONTRACTOR in rendering services pursuant to this Agreement. CITY shall make no payment for any extra, further or additional service pursuant to this Agreement unless such extra service and the price therefore is agreed to in writing executed by the City Manager or other designated official of CITY authorized to obligate CITY thereto prior to the time such extra ~ervice is rendered and in .no event shall such change order exceed twenty-five (25%) of the initial contract price. The services to be provided under this Agreement may be terminated without cause at any point in time in the sole and exclusive discretion of CITY. In this event, CITY shall compensate the CONTRACTOR for all outstanding costs incurred as of the date of written notice thereof and shall terminate this Agreement. CONTRACTOR shall maintain adequate logs and timesheets in order to verify costs incurred to date. The CONTRACTOR is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of a fully executed Purchase Order from the Finance Department of the City of Dublin. EXHIBIT C GENERAL PROVISIONS 1. INDEPENDENT CONTRACTOR. At all times during the term of this Agreement, CONTRACTOR shall be an independent contractor and shall not be an employee of CITY. CITY shall have the right to control CONTRACTOR only insofar as the results of CONTRACTOR'S services rendered pursuant to this Agreement; however, CITY shall not have the right to control the means by which CONTRACTOR accomplishes services rendered pursuant to this Agreement. 2. LICENSES; PERMITS; ETC. CONTRACTOR represents and warrants to CITY that he has all licenses, permits, qualifications and approvals of whatsoever nature, which are legally required for CONTRACTOR to practice his profession. CONTRACTOR represents and warrants to CITY that CONTRACTOR shall, at his sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for CONTRACTOR to practice his profession. 3. TIME. CONTRACTOR shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary for satisfactory performance of CONTRACTOR'S obligations pursuant to this Agreement. 4. INSURANCE REOUIREMENTS. CONTRACTOR shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the CONTRACTOR, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the CONTRACTOR'S bid. (a) Minimum Scope of Insurance. Coverage shall be at least as broad as: 1. Insurance Services Office form number GL 0002 (Ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 0001.) 2. Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile Liability, code 1 "any auto" and endorsement CA 0025. 3. Workersr Compensation Insurance as required by the Labor Code of the State of California and Employers Liability Insurance. (b) Minimum Limits of Insurance. CONTRACTOR shall maintain limits no less than: 1. General Liability: $1,000,000 combined single limit per occurrence for bodily injury, Personal injury and property damage. If commercial General LiabilityInsurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Exhibit C (p. 1 of 4) gShousing\implementation program\rental assistance\contract agreement with ECHO Housing 2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. 3. Workers' Compensation and Employers Liability: Workers' Compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. (c) Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the option of the CITY, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the CITY, its officers, officials and employees; or the CONTRACTOR shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. (d) Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions: 1. General Liability and Automobile Liability Coverages. a. The CITY; its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the CONTRACTOR; products and completed operations of the CONTRACTOR, premises owned, occupied or used by the CONTRACTOR, or automobiles owned, leased, hired or borrowed by the CONTRACTOR. The coverage shall contain no special limitations on the scope of the protection afforded to the CITY, its officers, officials, employees or volunteers. b. The CONTRACTOR'S insurance coverage shall be primary insurance as respects the CITY, its officers, officials, employees and volunteers. Any insurance or self-insurance' maintained by the CITY, its officers, officials, employees or volunteers shall be excess of the CONTRACTOR'S insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the CITY, its officers, officials, employees or volunteers. d. The CONTRACTOR'S insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2. Workers' Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the CITY, its officers, officials, employees and volunteers for losses arising from work performed by the CONTRACTOR for the CITY. 3. Professional Liability. CONTRACTOR shall carry professional liability insurance in an amount deemed by the CITY to adequately protect the CONTRACTOR against liability caused by negligent acts, errors or omissions on the part of the CONTRACTOR in the course of performance of the services specified in this Agreement. Exhibit C (p. 2 of 4) 4. All Coverages. Each 'insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the CITY. (e) AcceptabilitY of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A:VII. (f) Verification of Coverage. CONTRACTOR shall furnish CITY with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the CITY before work commences. The CITY reserves the right to require complete, certified copies of all required insurance policies, at any time. (g) Subcontractors. CONTRACTOR shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. (h) The Risk Manager of CITY may approve a variation in those insurance requirements upon a determination that the coverages, scope, limits and forms of such insurance are either not commercially available or that the CITY's interests are otherwise fully protected. 5. CONTRACTOR NO AGENT. Except as CITY may specify in writing, CONTRACTOR shall have no authority, express or implied, to act on behalf of CITY in any capacity whatsoever as an agent. CONTRACTOR shall have no authority, express or implied, pursuant to this Agreement to bind CITY to any obligation whatsoever. 6. ASSIGNMENT PROHIBITED. No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect. 7. ~ PERSONNEL. CONTRACTOR shall assign only competent personnel to perform services pursuant to this Agreement. In the event that CITY, in its sole discretion, at any time during the term of this Agreement, desires the removal of any such persons, CONTRACTOR shall, immediately upon receiving notice from CITY of such desire of CITY, cause the removal of such person or persons. 8. STANDARD OF PERFORMANCE. CONTRACTOR shall perform all services required pursuant to this Agreement in the manner and according to the gtandards observed by a competent practitioner of the profession in which CONTRACTOR is engaged in the geographical area in which CONTRACTOR practices his profession. All. instruments of service of whatsoever nature, which CONTRACTOR delivers to CITY pursuant to this Agreement, shall be prepared in a substantial, first class and workmanlike manner and conform to the standards of quality normally observed by a person practicing in CONTRACTOR's profession. Exhibit C (p. 3 of 4) g:\housing\implementation program\rental assistance\contract agreement with ECHO Housing 9. HOLD HARMLESS AND RESPONSIBILITY OF CONTRACTORS. CONTRACTOR shall take all responsibility for the work, shall bear all losses and damages directly or indirectly resulting to him, to any subcontractor, to the CITY, to CITY officers and employees, or to parties designated by the CITY, on account of the performance or character of the work, unforeseen difficulties, accidents, occurrences Or other causes predicated on active or passive negligence of the CONTRACTOR or any subcontractor. CONTRACTOR shall indemnify, defend and hold harmless the CITY, its officers, officials, directors, employees and agents from and against any or all loss, liability, expense, claim, costs (including costs of defense), suits, and damages of every kind, nature and description directly or indirectly arising from the performance of the work. This paragraph shall not be construed to exempt the CITY, its employees and Officers from its own fraud, willful injury or violation of law whether willful or negligent. For purposes of Section 2782 of the Civil Code the parties hereto recognize and agree that this agreement is not a constrUction contract. By execution of this agreement CONTRACTOR acknowledges and agrees that he has read and understands the provisions hereof and that this paragraph is a material element of consideration. Approval of the insUrance contracts does not relieve the CONTRACTOR or subcontractors from liability under this paragraph. 10. GOVERNMENTAL REGULATIONS. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, CONTRACTOR shall comply with' all applicable rules and regulations to which CITY is bound by the terms of such fiscal assistance program. 11. DOCUMENTS. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda or other written documents or materials prepared by CONTRACTOR pUrsUant to this Agreement shall become the property of CITY upon completion of the work to be performed hereunder or upon termination of the Agreement.' Exhibit C (p. 4 of 4) EXHIBIT D ADMINISTRATIVE REQUIREMENTS 1. DOCUMENTATION AND RECORD KEEPING. (a) 'Records to be Maintained - The CONTRACTOR shall maintain all records that are pertinent to the activities to be funded under this Agreement. (b) Retention -The CONTRACTOR shall retain all records pertinent to expenditures incurred under this Agreement for a period of three years after the termination of all activities funded under this Agreement. Records for non-eXpendable property acquired with funds under this Agreement shall be retained for three years after final disposition of such property. Records for any displaced person must be kept for three years after he/she has received final payment. (c) Client Data - The CONTRACTOR shall maintain client data demonstrating client eligibility for services provided. The data shall include, but not be limited to, client name, address, income level, or other basis for determining eligibility, and description of serVice provided. The information shall be made available to CITY staff monitors for review upon request. (d) Disclosure - The CONTRACTOR understands that client information collected under this Agreement is private and the use of disclosure of such information, when not directly connected with the administration of the CITY's or CONTRACTOR's responsibilities with respect to services provided under this Agreement, is prohibited by the Minnesota Data Privacy Act unless written consent is obtained from the person receiving service and, in the case of a minor, that of a responsible parent/guardian. (e) Property Records - The CONTRACTOR shall maintain real property inventory records, which clearly identify properties purchased, improved, or sold. (f) Close Outs - CONTRACTOR obligation to the CITY shall not end until all close out requirements are completed. Activities during this close out period shall include, but are not limited to: making final payments; disposing of program assets (including the remm of all unused materials, equipment, unspent case advances, program income balances, and receivable accounts to the CITY); and determining the custodianship of records. (g) Audits and Inspections - All CONTRACTOR records with respect to any matters covered by this Agreement shall be made available to the CITY at any time during normal business hours, as often as the CITY deems necessary, to audit, examine, and make excerpts or transcripts of all relex/ant data.. Any deficiencies noted in audit reports must be fully cleared by the CONTRACTOR within thirty days after receipt by the CONTRACTOR. Failure of the CONTRACTOR to comply with'the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. g:~housing\implementation program\rental assistance\contract agreement with ECHO 'Housing