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HomeMy WebLinkAboutItem 4.09 AffordHous LopezAgmt CTTY CLERK File # 600-30 AGENDA STATEMENT CZTY COUNC'rL MEETZNG DATE: 3une 18, 2002 SUBJECT: Agreement with Daniel B. Lopez for the provision of detailed analysis of prospective affordable housing projects as assigned by Staff. Report prepared by: Julia Abdala, Housing Specialist ATTACHMENTS: 1) Resolution Approving Agreement with Daniel B. Lopez 2) Consultant Agreement 3) Resume for Daniel B. Lopez RECOMMENDATION: 1) Adopt Resolution approving a Consulting Agreement with  Daniel B. Lopez 2) Authorize the Community Development Director to sign on behalf of the City. FINANCIAL STATEMENT: Cost of service, as specified in this agreement, will not exceed $15,000 and will be funded through the City's Affordable Housing Fund. DESCRIPTION: On September 18, 2001 the City Council approved hiring a Housing Finance Specialist Consultant to assist with the analysis of the East Dublin Transit Center Project. This individual or firm would proVide the City with analysis of feasibility scenarios and proformas presented to the City by the Alameda County Surplus Property Authority (ACSPA) and possibly future developers relating to the housing component at this site. Research and references from housing agencies provided the City with the name of a well- respected consultant; California Housing Partnership Corporation (CHPC). Staff now has need of a Housing Financial SpecialiSt to assist with the evaluation of the proposals for senior housing at the current library site. CHPC is not available because they provided some of the financial analysis tO one of the developers who have submitted a development proposal for senior housing for our review. Therefore staff has selected another consultant. Daniel B. Lopez has similar expertise with well-respected qualifications. He has worked on the various areas: 1. affordable housing development 2. housing finance 3. strategic planning 4. staff training in housing ......................................................................... ..... In House Distribution all G:agendaJ2002/cc 6-I 8 Dan Lopez JlA ITEM NO. 5. public policy formation Staff is recommending that the City Council approve this agreement with Dan B. Lopez to assist with specific financial analysis of the received proposals for the development of senior housing. It is important to be certain that the City of Dublin's affordable housing money is being wisely spent. To this end, it is necessary to be confident that all proposals presented by developers are accurate and fully disclose all financial resources available to all parties relative to this future project. In order to leverage City funds available and allow for more efficient use of those funds, this consultant will provide a service that will save money in long range affordable housing plarming. This typical contract contains provisions that the consultant will only perform work on a time and material basis at the direction of the Community Development Director or his designee. No work will be done or funds expended unless funding is available and it has been determined that outside help is needed to meet a specific objective. RECOMMENDATION: Staff recommends that the City Council receive the Staff report, adopt a Resolution approving the Consulting Agreement and authorize the Community Development Director to sign the agreement on behalf of the City. RESOLUTION NO. - 02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AN AGREEMENT WITH DANIEL B. LOPEZ, ON AN AS NEEDED BASIS BY THE COMMUNITY DEVELOPMENT DEPARTMENT FOR TECHNICAL FINANCIAL ANALYSIS RELATING TO AN AFFORDABLE SENIOR HOUSING PROJECT WHEREAS, thc City of Dublin has indicated interest in developing affordable housing; and WHEREAS, One possibility for thc provision of affordable senior housing is the current library site, at 7606 Amador Valley Blvd. WHEREAS, the Community Development Department has solicited interest by developers in developing senior housing at 7606 Amador Valley Blvd; and WHEREAS, the Community Development Department has received four proposals for this development from housing developers; and WHEREAS, Staff has determined it necessary to seek assistance with technical and financial evaluation in negotiating possible housing projects; and WHEREAS, Daniel B. Lopez has demonstrated they have adequate ability to perform said financial analysis; and WHEREAS, consultants will only perform work on a time and material basis at the direction of the Community Development Director or his designee; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does approve the agreement with the above mentioned firm. BE IT FURTHER RESOLVED that the Community Development Director is authorized to execute the agreements. PASSED, APPROVED AND ADOPTED this 18th day of June 2002 AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk G:L2002 Reso's\SYNOPSIS & reso. Dan Lopez.doc ATTACHMENT I CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND DANIEL B. LOPEZ THIS AGREEMENT for consulting services is made by and between the City of Dublin ("City") and Daniel B. Lopez (',Consultant") as of June 18, 2002. Section 1. SERVICES. Subject to the terms and conditions set forth 'in this Agreement, Consultant shail provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail. 1.1 Term of Services, The term of'this Agreement shall begin on the date first noted above and shall end when scope of services are complete as outlined in Exhibit A, and Consultant shall complete the work described in Exhibit A, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section 8. 1.2 Standard of Performance. Consultant 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 Consultant is engaged in the geographical area in' which Consultant practices its profession. Consultant' 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 Consultant's profession. 1.3 Assignment of Personnel. Consultant 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 reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. 1.4 Time. Consultant 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 1.1 above and to satisfy Consultant's obligations hereunder. Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed Fifteen thousand dollars and 00/100, ($15,000.00), notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant's proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The Payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Consulting Services Agreement between June 18, 2002 City of Dublin and Daniel B. Lopez & Associates Afl'ACH M'ENIPage 1 of 12~.~ Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person. Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon ConsUltant's estimated costs of providing the services required hereunder, including salades and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information: · Sedal 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 amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion; · 'The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder, as well as a separate notice when the total number of hours of work by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800 hours, which shall include an estimate of the time necessary to complete the work described in Exhibit A; · The Consultant's signature. 2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant. 2,3 Total Payment. City shall pay for the services to be rendered by .Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified pdor to the submission of such an invoice by a properly executed change order or amendment. 2.4 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on Exhibit B. Fee Schedule. Consulting Services Agreement between June 18, 2002 City of Dublin and Daniel B. Lopez & Associates Page 2 of-12 - 2.5 Reimbursable Expenses. Reimbursable expenses shall not exceed actual costs within the "not to exceed" contract amount" ~ 2.6 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. 2.7 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the-date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs incurred to that date. 2.8 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator. Section 3. FACILITIES AND EQUIPMENT. Except'as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessarY to perform the services required by' this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and Conditions set forth herein. City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant's use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities. Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure "occurrence coverage" insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives', employees, and subcontractors. Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects to the City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. 4.1 Workers' Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers' Compensation Insurance and Employer's Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident, in the alternative, Consulting Services Agreement between June 18,' 2002 City of Dublin and Daniel B. Lopez & Associates Page 3 of 12 Consultant may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator, The insurer, if insurance is provided, or the Consultant, if a program of self-insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss'arising from work performed under this Agreement. An endorsement shall state that coverage shall not be canceled except after thirty (30) days' pdor written notice by certified mail, return receipt requested, has been given to the City. Consultant shall notify City within 14 days of notification from Consultant's insurer if such coverage is suspended, voided or reduced in 'coverage or in limits. 4.2 Commercial General and Automobile Liability insurance, 4.2.'!General requirements, Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage for risks associated with the work contemplated by this.Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall.not be limited to, protection against ctaims adsing from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non- owned automobiles. 4.2.2 Minimum scope of coverage, Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed, 1/73) covedng comprehensive General Liability and Insurance Services Office form number GL 0404 covedng Broad Form Comprehensive General Liability. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 8 and 9 ("any auto"). No endorsement shall be attached limiting the coverage. 4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as an endorsement to the policy: a. City and its officers, employees, agents, and volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Consultant, including the insured's general supervision of Consultant; products and completed Consulting Services Agreement between ,June 18, 2002 City of Dublin and Daniel B. Lopez & Associates Page 4 of 12 operations of Consultant; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by the Con sultant. 'The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents or volunteers. b. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis. c. An endorsement must state that coverage is pdmary insurance with respect to the City and its officers, officials, employees and volunteers, and that no insurance or self-insurance maintained by the City shall be called upon to contribute to a loss under the coverage. d. Any failure of CONSULTANT to comply with reporting provisions of the policy shall not affect coverage provided to CtTY and its officers, employees, agents, and volunteers. e. An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Consultant shall notify City within 14 days of notification from Consultant;s insurer if such coverage is suspended, voided or reduced in coverage or in limits. 4.3 All Policies Requirements, 4.3.1 Acceptability of insurers, All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. 4.3.2 Verificatio~ of coverage, Prior to beginning any work under this Agreement, Consultant shall .furnish City with certificates of insurance and with original endorsements effecting coverage required herein. 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 City reserves the right to require complete, certified copies of all required insurance policies, at any time. 4.3.3 Subcontractors. Consultant 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. 4.3.4 Variation. The City may approve a variation in the foregoing 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. Consulting 'Services Agreement between June 18, 2002 City of Dublin and Daniel B. Lopez & Associates Page 5 of 12 4.3.5 Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. During the period covered by this Agreement, only upon the prior express written authorization of Contract Administrator, Consultant may increase such deductibles or self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insu red retention levels with a requirement that Consultant procure a bond, guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them. 4.3.6 Notice of Reduction in Coveraqe. in the event that any coverage required by this section is reduced, limited, or materially affected in any other manner, Consultant shall provide written notice to City at Consultant's earliest possible opportunity and in no case later than five days after Consultant is notified of the change in coverage. 4,4 'Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are nOt the exclusive remedy for Consultant's breach: · Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; · Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or · Terminate this Agreement. Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES, Consultant shall indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors; or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation'of law arises wholly from the negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees, Consulting Services Agreement between June 18, 2002 City of Dublin and Daniel B,' Lopez & Associates Page 6 of 12 subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property; or violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does n°t relieve consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. In the event that' Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or'the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Section 6. STATUS OF CONSULTANT. 6.1 Independent COntractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall haVe the right to control Consultant only insofar as the results of ConSultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, taw, or Ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including. but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. 6.2 Consultant No A.aent, Except as City may specify in wdting, Consultant shall have no authority, express or imPlied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. Section 7. LEGAL REQUIREMENTS. 7,1 Governing Law. The laws of the State of California shall govern this Agreement. 7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the Performance of the work hereunder, Consulting Services Agreement between June 18, 2002 City of Dublin and Daniel B. Lopez & Associates Page 7 of 12 7.3 Other Governmental Re.qulations. To the extent that this Agreement may be funded by fiscal, assistance from another govemmentat entity, Consultant and any sUbcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally' required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice, their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain dudng the term of this Agreement valid Business Licenses from City. 7.5 'Nondiscrimination and Equal Op~)ortunity, Consultant shall not discriminate, on the basis of a person's race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidderfor a subcontract, or participant in, recipient of~ or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this. Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby. Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. Section 8, TERMINATION AND MODIFICATION. 8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. Consultant may cancel this Agreement upon thirty (30) days' wdtten notice to City and shall include in such notice the reasons for cancellation. In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement. 8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a Consulting Services Agreement between June 18, 2002 City of Dublin and Daniel B. Lopez & Associates Page 8 of 12 written amendment to this Agreement, as provided for herein. Consultant'understands and ' agrees that, if City grants such an extension, City shall have no obligation to provide · Consultant with compensation beyond the maximum amount provided for inthis Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period. 8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties. 8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal'performance by Consultant and is based upon a determination of Consultant's unique personal competence,'experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entedng into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign, this Agreement or any interest therein without the pdor wdtten approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator. 8.5 Survival, All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement. 8.6 Options upon Breach by Consulti~nt.' If Consultant materially breaches any of the terms of this Agreement, City's remedies shall included, but not be limited to, the following: 8.6.'1Immediately terminate the Agreement; 8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant tO this Agreement; 8.6.3Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or 8.6.4 Charge ConSultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work. Section 9, KEEPING AND STATUS OF RECORDS. 9.1 Records Created as Part of Consultant's Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consulting Services Agreement between June 18, 2002 City of Dublin and Daniel B. Lopez & Associates Page 9 of 12 Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement.. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use, City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are Confidential and will not be released to third parties without prior written consent of both parties. 9.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3).years, or for any longer period required by taw, from the date of final payment to the Consultant to this Agreement. 9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546,7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a pedod of three (3) years after final payment under the Agreement. Section t0 MISCELLANEOUS PROVISIONS, t0.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in addition to any other relief to. which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.. 10.2 Venue. In the event that either party brings any action against the other under, this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Alameda or in the United States District Court for the Northern District of California. 10.3 Severability. If a court of competent iurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. Consulting Services Agreement between June 18, 2002 City of Dublin and Daniel B. Lopez & Associates Page 10 of 12 10.4 No Implied Waiver of Breach, The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term - of this Agreement. 10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bi nd the successors and assigns of the parties. 10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed matedal on recycled paper to the extent it is available at equal or less cost than virgin paper. 10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a "conflict of interest," as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq. Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate Califomia Government Code Sections 1090 et seq. Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. if Consultant was an employee, agentl appointee, or official of the City in the prewous twelve months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code {}1090 et. seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California. 10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials. 10.9 Contract Administration. ThisAgreement shall be administered by the Community Development Director ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee. 10.10 Notices. Any written notice to Consultant shall be sent to: Daniel B. Lopez 1339 Glen Drive San Leandro, California, 94577 Any written notice to City shall be sent to: Consulting Services Agreement between June 18, 2002 City of Dublin and Daniel B. Lopez & Associates Page 11 of 12 City of Dublin Attn: Community Development Director 100 Civic Plaza Dublin, California 94568 10.11 integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. CITY OF DUBLIN CONSULTANT Eddie Peabody, Jr. baniel B, Lopez, ~// Community Development Director Attest: Kay Keck, City Clerk Approved as to Form: City Attorney's Office J:\wpd~FORMS~AGRE~tandard consultant services agreement-2001,doc Consulting Services Agreement between June 18, 2002 City of Dublin and Daniel B. Lopez & Associates Page 12 of 12 EXHIBIT A SCOPE OF SERVICES To provide technical analysis of housing projects as assigned including: 1. Assist with evaluation of developer's proposals to ensure maximin public benefit 2. Negotiations with developer for local funding 3. Financial feasibility analysis 4. Analysis for potential tax credit syndication 5. Structuring of financing Consulting Services Agreement between June 18, 2002 City of Dublin and Daniel B. Lopez & Associates EXHIBIT A SCOPE OF SERVICES EXHIBIT B FEE SCHEDULE Compensation for work provided by "Consultant" shall be reimbursed at $150 per hour. All other expenses, such as copying shall be billed at cost Consulting Services Agreement between June 18, 2002 City of Dublin and Daniel B. Lopez& Associates EXHIBIT B FEE SCHEDULE APPENDIX C: STATEMENT OF QUALIFICATIONS Daniel B. Lopez, Principal Daniel B. Lopez & Associates Mr. Lopez provides technical financial analysis and evaluation of affordable single- family and multifamily developments; development and implementation of single-family and multifamily programs; management processes and procedures and related staff training; and problem solving consultation services to public agencies, private equity investors, financial institutions, and nonprofit and for-profit housing developers. Current list of clients includes: *City of San Jose Housing Department: Current assignments include: (1) In cooperation with the California Housing Finance Agency (CHFA), restructure the debt on six multifarnily rental developments in the City which will ensure long-term affordability, physically improved properties, and significant financial return o£existing debt to the City; (2) Developed appraisal and environmental policies and procedures as part ora loan ' officer's handbook which outlines processes, procedures, and best practices; (3) Developed improved loan review/monitoring standards for the Loan Management Division; and (4) In cooperation with the Housing Authority of the County of Santa Clara, develop a Section 8 Homeownership Program. Have served as Acting Project Development Manager for the division responsible for the approval and financing of tax credit low-income rental developments and single-family home ownership programs. Additional past responsibilities have included creating a Teacher Mortgage Program; refining loan origination processes and procedures; training staff and team building; coordinating efforts between the Loan Management and Project Development staffs; and serving as key staffto the Department's Loan Advisory Committee. t994-Present. *Freddie Mac: Assist Freddie Mac Western Region staffin developing partnerships with cities such as Oakland, San Francisco, San Jose, Salinas, and Santa Ana; lending intermediaries such as the Low Income Housing Fund, LISC, and Century Housing Corporation; financial institutions such as Bank of America, Wells Fargo, and Citibank; and local community development corporations to establish a home ownership initiative alliance aimed at Ieveraging local public funds and providing additional home ownership opportunities. Assisted in the creation of a Joint Powers Authority (JPA) with twenty- four jurisdictions primarily in Alameda and Contra Costa Counties to implement a lease- to-own program. Efforts resulted in the completion of a Housing Demand Study and the issuance of $90 million in tax-exempt bonds. In addition, coordinated efforts to create homebuyer education and counseling centers in San Francisco, San Jose, Sacramento/Solano County, and Santa Ana/Orange County. 1998-Present. *Chilton & Associates: Work with this investment banking firm to complete housing demand studies for the issuance of tax-exempt bonds in support of a lease-to-own program for the Riverside-San Bernardino Housing & Finance Agency (28 communities; ATTACHMENT Daniel B. Lopez Statement of Qualifications Page 2 of 4 $65 million bond issuance); the San Diego Area Housing & Finance A~gency (18 communities; $75 million bond issuance); the California CommUnities Housing Finance Agency (17 communities; $65 million bond issuance); and the Pacific Housing & Finance Agency (48 communities; $60 million bond issuance). Currently completing work on a multifamily rental, housing demand study and bond issuance for the 48 communities of the Pacific Housing & Finance Agency. 1999-Present. Past Relationships: *Sacramento Valley Organizing Committee: Provided development and financial consulting services to this nonprofit housing developer for the development and acquisition/rehabilitation o£ very low and low-income ownership and rental housing in the Sacramento-Yolo-Solano counties area. Efforts included securing grant, interim, and permanent financing; completing project financial feasibility analyses and proformas; assist in the development of a homebuyer education and counseling function; establishing long-term relationships for the organization with local communities and financial institutions; and'assist in the establishment of an ongoing working relationship between the organization and Mercy Housing, a seasoned nonprofit housing developer. Efforts resulted in the construction and eompletion of over 400 first-time home ownership units, the acquisition and rehabilitation of 144 rental housing units, and an increased organizational development capacity. 1994-2001. *California Housing Loan Insurance Fund (CaltLIF): For this public mortgage insurance provider, assisted in the development of innovative home ownership finance programs, and worked with local communities throughout California to implement these programs. Programs included the 97/5; 97/6; Teacher Mortgage Programs; and cooperative efforts with the California State Teachers Retirement System (CalSTRS). 1996-2002. Completed Assignments Include: *indyMac Bank: Worked with this financial institution to expand its Community Reinvestment activities to include working with a nonprofit developer in Santa Ana (Orange County) to expand both affordable home ownership and rental housing opportunities. Work included preparation of two Federal Home Loan Bank (FHLB) Affordable Housing Program applications. ~Mayfair Neighborhood Improvement Initiaitive: Completed a Housing Strategic Action Plan for this low-income neighborhood in east San Jose. Responsibilities included establishing a housing assistance center including fundraising for its operation, negotiating with.homebuilders so as to gain financial access to new homes for local Daniel B. Lopez Statement of Qualifications Page 3 of 4 residents, and in conjunction with the City of San Jose, modify existing programs so as to expand their use in this area. *California Housing Finance Agency: Served as Acting Chief of Multifamily Lending and supervised all loan originations and underwriting functions. *Century Housing Corporation: Developed specific lending program recommendations and determined needed changes to modify existing legal requirements to facilitate this new nonprofit's lending operation. *City of Alameda Housing Department: Served as technical advisor to the City and Housing Authority in the acquisition of an existing apartment building for conversion into an affordable rental development. Worked intensely with staffto develop project operating proforma and rehabilitation budget; researched, secured, and negotiated permanent financing; and coordinated loan closing. *Cities of Fairfield and Vallejo Housing Departments: Prepared FHLB Affordable Housing Program and State HOME applications for each community and developed first- time homebuyer acquisition programs for both. *Community Development Financial Institutions (CDFI) Fund, U.S. Department of the Treasury: RevieWed and developed funding recommendations for grant and loan requests received from 25 nonprofit sponsors from the southern and western United States for this innovative funding program. *Marin Community Foundation: In conjunction with an accounting firm and another housing consuking firm, completed a performance evaluation of two Marin County-based nonprofit housing providers. ~Mission Community Bank: Worked with this newly organized financial institution serving the San Luis Obispo County area to create two wholly owned subsidiary corporations aimed at (1) providing technical assistance to nonprofit community organizations and (2) provide direct loans to nonprofit and for-profit sponsors of affordable housing, community facilities, and non-residential economic/job creating activities. *Peoples' Self-Help Housing Corporation: Provided development, financial, and loan consulting services to this nonprofit housing development corporation for specific rental housing developments in Santa Maria (new construction/tax credits); Santa Barbara (acquisition/rehabilitation); and Isla Vista (new construction/tax credits). Daniel B. Lopez Statement of Qualifications Page 4 of 4 *UFW/National Farmworker Service Center, Inc;: Reviewed possible housing development and investment opportunities to address the low-income housing needs of the farmworker population in California and the Southwest. qJSA Properties Fund, Inc.: Created partnerships between this for-profit housing developer and locally based nonprofit organizations for the development of ownership and rental housing. *U.S. Ninth Circuit Court of Appeals: Appointed by the court to privatize the State of California's Century Freeway Replacement Housing Program into a viable nonprofit housing development corporation. Privatization resulted in the formation of Century Housing Corporation and the transfer of cash and real estate assets to this newly formed entity. Previous Work Experience: *President, Chief Executive Officer and Director California Community Reinvestment Corporation July 1989 to September 1994 ~Vice President/Director of Community Lending Citicorp Savings of California (Citibank/Citigroup) June 1985 to July 1989 ~Community Lending Officer/Senior Account Officer Citicorp Savings of California (Cifibank/Citigroup) June 1983 to June 1985 *Chief of Housing/Principal Planner Association of Bay Area Governments February 1979'to June/1983 ~Senior and Associate Planners Association of Bay Area Governments March 1975 to February 1979 ~lt°using and Community Development Coordinator Town of Los Gatos (Santa Clara County) January 1975 to March 1976 PROFESSIONAL QUALIFICATIONS. Daniel B. Lopez EXPERIENCE *Principal Daniel B. Lopez & Associates September 1994 to Present Provides technical financial analysis and evaluation of affordable single-family and multifamily developments; development and implementation of single-family and multifamily programs; management processes and procedures and related staff training; problem solving consultation services to public agencies, private equity investors, financial institutions, and nonprofit and for-profit housing developers. *President, Chief Executive Officer and Director CalifOrnia Comanunity Reinvestment Corporation July 1989 to September 1994 Directed the multifamily lending activities of this 58-bank consortium providing permanent financing to affordable low-income rental developments throughout California. Key accomplishments included: *Recruitment of initial 20 bank members expanding membership to 58. *Increasing loan pool size from $22 million to $250 million. *Originating over $200 million in permanent loans. *Completing the first-ever secondary market sales of affordable multifamily rental housing loans to both Fannie Mae and Freddie Mac in separate transactions. *Assisted in establishing similar lending consortium in a number of other states throughout the country. *Received multiple acceptable credit ratings from risk asset reviews completed by the FDIC, OCC, Federal Reserve Bank, and State Banking Commissioner's Office. *Vice President/Director of Community Lending Citicorp Savings of California (Citibank/Citigroup) June 1985 to July 1989 Established the bank's Community Lending effort and for the first couple of years led financial institutions' investment in this field throughout California and created lending standards which other lenders followed. Served as a credit officer and a member of the Association's commercial credit committee. Daniel B. Lopez Professional Qualifications Page 2 of 4 *Community Lending Officer/Senior Account Officer Citicorp Savings of California (Citibank/Citigroup) June 1983 to June 1985 Established the bank's community giving effort in the Bay Area by creating an internal committee representing different faucets of the bank. Served as key staff to the Housing Advisory Board that was comprised of key community representatives and laid the foundation for the later Community Lending program. *Chief of HOUsing/Principal PLanner Association of Bay Area Governments February 1979 to June t983 Developed and implemented successful regional and local housing programs aimed at increasing the supply of affordable housing. Efforts included studies/programs on the impact of developer's fees, inclusionary housing programs, State mandated fair share housing allocations, the use of surplus public lands for affordable housing developments, second unit ordinances, density bonuses, and the use of manufactured housing as an affordable housing alternative. In conjunction with the National Housing Law Project, co-founded the Northern California Association for Non-Profit Housing (NPH) and served as Acting Executive Director and newsletter editor. *Senior and Associate Planners Association of Bay Area Governments March 1976 to February 1979 Started as a junior staffand eventually became key staffto a major joint land use/transportation study known as the Santa Clara Valley Corridor Evaluation. The study identified key growth determinants for Santa Clara County including jobs-housing imbalance, transportation corridor needs, and socio-eeonomic impacts. Results of the study led to further study and construction of the now completed light rail system; completion of Highway 101 from Morgan Hill to San Jose; improvements on Highway 152; completion of Highway 85; and continuing discussion on employment and housing development in the county. Daniel B. Lopez Professional Qualifications Page 3 of 4 *Housing and Community Development Coordinator Town of Los Gatos January 1975 to March 1976 Under general directi°n, completed a sing}e-family housing rehabilitatiOn survey and developed recommendations for a now completed senior citizen multipurpose service eenter~ EDUCATION *Master of Arts, City Planning, 1976 San Jose State University Ford Foundation Fellow *Bachelor of Arts, Economics & Quantitative Sociology, 1974 University of California, Los Angeles *Named 1994 "]lousing Person of the Year", by the National Housing Conference COMMUNITY SERVICE Present Service: *Chairman, Board of Directors, San Leandro Shelter for Women and Children, 1995-Present *Chairman, Board of Directors, Citizens Housing Corporation, 1995-Present *Member, Board of Directors 0~ast Chairman), Century Housing Corporation, 1995-Present *Member, Board of Directors and Chair of the Loan Committee, Low Income Housing Fund, 1984-Present *Member, State Department of Housing and Community Development Loan and Gmat Committee, 1989-Present *Member, Los Angeles County Comity Development Commission's City of Industry Loan Review Panel, 1998-Present *Member, Local Initiatives Support Corporation (LISC) Bay Area Advisory Board, 1998-Present Previous Service: *Commissioner, City of Los ,amgeles Municipal Finance Advisory Committee, t991-t995 *Chairman, MALDEF Alameda County Leadership Training Program, 1980-1985 *Chairman, Association o£Bay Area Govemments Affirmative Action Committee, 1980-1983 *Secretary, Board of Directors, Community Alliance for Syndicated Housing, Inc., 1993-1995 *Executive Committee, Oakland Mayor's Summer Jobs Program, 19.87 Daniel B. Lopez Professional Qualifications Page 4 of 4 *Executive Committee, Metropolitan Transportation Committee' s Minority Citizen's Advisory Committee, 1981 *Member, Board of Directors, Local Initiatives Managed Assets Corporation (LIMAC), 1990- 1994 *Member, Board of Directors, National ASsociation of Affordable Housing Lenders, I993-1994*Member, City of San Jose Housing Department Loan Advisory Committee, 1995-2000*Member, MacAuley Housing Fund Loan Committee, 1992-1995*Member, Freddie Mac Affordable Housing Advisory Committee, 1994-1997*Member, National Task Force to Create a Secondary Market for Low Income Multifamily Housing Loans, 1990-1992 *Member, FDIC Affordable Housing Advisory Committee, 1994-1998*Member, State of California Affordable Housing Coordination Task Force, 1994-1995 *Member, National Advisory Committee, Community Reinvestment Institute, 1990-1993*Member, Bay Area United Way Loan Fund Loan Committee, 1992-1994*Member, Board of Directors, Eden Lodge, Inc., 1979-1983*Member, City of San Leandro Housing Task Force, 1996-1997*Member, City of Martinez Affordable Housing Committee, 1980-1981*Member, Matin County Affordable Housing Task Force, 1980-1982*Member, City of MOrgan Hill Housing Task Force, 1985*Member, Board of Directors, Bay Area Girl Scouts, 1986*Member, Bay Area UCLA, Alumm Association Scholarship Committee, 1979-1981*Member, City of San Leandro Aquatics Task Force, 2002*President. San Leandro Swim Team, 1995-1997 *Guest Lecturer for college courses on housing policy formation, housing and community development, citizen participation, and housing finance at the following colleges and universities: University of California, Berkeley; San Francisco State University; San Jose State University; University of San Francisco; Golden Gate University; and St. Mary's College.