HomeMy WebLinkAbout4.02 AlaCntyHousing-ArroyoVistaMgt
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CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: November 14, 1994
SUBJECT:
Agreement with Housing Authority of Alameda County
for Arroyo Vista Management Services .~~
Report Prepared by Kay Keck, city Cler,,-,l,
EXHIBITS ATTACHED:~ DUblin Housing Authority Agenda Statement of
September 22, 1986
RECOMMENDATION: ~eceive Report
FINANCIAL STATEMENT:
None
DESCRIPTION: At the October 3, 1994 city Council meeting, the
council discussed the arrangement between the Alameda County Housing
Authori~y and the city of Dublin/Dublin Housing Authority for the
management of Arroyo Vista. Councilmember Moffatt inquired if the
Contract with Alameda County Housing Authority had been reviewed since
its inception.
staff researched the history and bylaws of this contractual
arrangement and determined that the DUblin Housing Authority entered
into an agreement with the Housing Authority of the County of Alameda
effective January 31, 1987. The term of the agreement is open ended
with a six month written notice if either party intends to terminate
the agreement. There is no provision for any type of routine review
of services.
Therefore, because the agreement exists between the Dublin Housing
Authority and the Alameda County Housing Authority, if a review of the
services performed by the Alameda County Housing Authority is desired,
it would be appropriate for this issue to be agendized and discussed
at a Dublin Housing Authority meeting.
ITEM NO. ~.2
COPIES TO:
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DUBLIN
AGENDA STATEMENT
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SUBJECT
Resolution approving
Housing Authority'~f
september 22, 1986
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Management ,'Agreement with the
theCoun1;:r;'of Alameda
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MEE;rING DATE:,
EXHIBITS ATTACHED
R~solution; Management Agreement'
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RECOMMENDATION ~Ado~tRe'Olution
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FINANCIAL STATEMENT:
See below
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DESCRIP'l'ION In accordance with the, Dublin'" Housing Authority 's
action at its: meeting of March' 10, 1986, 'a Management,;.Agreement between the
Dublin Housing Authority and the,Housing Authority' of',the County of Alameda
has been'prepared. ," .-....' .,,',' ",.-",',:',;"",. .' ,
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The Management {Agreement provides for the provision' ot' management services
by Alameda County Housing. Authority 'effective:, January 31" 1987. The
Agreement calls out Exhibit'A which .was'the plan..thatfwas presented to the
Housing Authority by the Alameda'County Housing Authority at its 'meeting of
March 10, 1986. The Agreement provides that all :funds "which are received' by
the Dublin Housing Authority will be directly' deposi ted . in the depository
account. The'Alameda County Housing Au;thority, as'the"'agent of the project,
will establish' a financial accounting system and':recommend 'a budget. 'I'he
Alameda County' Housing Authority will 'be 'able:' to,":: draw down on funds
deposi ted in the Dublin Housing' Authority I s, account', 'subsequent to the
approval of the budget by the Dublin Housing' Auth!=l;t:'ity..The term of the
Agreement is' open' ended with a 5i?, month written ',' notice if, either party
intends to terminate the Agreement. All' other"provisions of the Agreement
are required by HUD. Since HUDhas not approved the 'Management Agreement,
there may be some revisions to the Agreement' subsequent to the ' Dublin
Housing Authority approval of the Agreement. The Resolution contains a
provision which authorizes the Chairperson of the Housing Authority with the
approval of Legal Counsel to make changes in the.; 'Agreement, ,if so required
,by HUD. . "',' ! ~
It 'is Staff I s recommendation that the'~oard of Direct.o~.s' adopt the attached
Resolution approvi~g the Managemen~ Agreement. .,':,i th~:the " Alameda County
\ Housing Authority. ' ' I "I'~ . ":" ,', _,c..- '; ",'(.' .
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COPIES TO: Ophelia B.asgal, !\CHA
ITEN NO. ~1~
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RESOLUTION NO. ,~
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A RESOLUTION OF THE DUBLIN HOUSING AUTHORITY
APPROVING AND AUTHORIZING THE EXECUTION OF A MANAGEMENT AGREEMENT
WITH THE HOUSING AUTHORITY OF THE COUNTY OF ALAMEDA
WHEREAS, it has been previously decided by the Commissioners
of this Authority that that certain low-income housing project
commonly known as Arroyo Vista (HUD Project No. CA l4200l) will
be managed by the Housing Authority. of the county. of Alameda; and
WHEREAS, it is in the best interests of this Authority and
the Housing Authority of the County of Alameda to enter into a
written Management Agreement setting forth the duties and
obligations of the parties; and
NOW, THEREFORE, BE IT RESOLVED that the Commissioners of the
Housing Authority do hereby approve the Management Agreem~nt
between the Dublin Housing Authority and the Housing Authority of
the County of Alameda sUbstantially in the form attached hereto,
which shall be effective as of January 31, 1987; and
BE IT FURTHER RESOLVED that the Chairperson or vice
Chairperson, with the advice of counsel, is hereby authorized to
make modifications to the Management Agreement which shall not be
inconsistent with the Agreement attached hereto, should such
~od~fications be required or recommended by the Department of
Housing and Urban Development; and
BE IT FURTHER RESOLVED that the Chairperson or Vice Chair-
person is hereby authorized and directed to execute the
Management Agreement; and
BE IT FURTHER RESOLVED that this Resolution shall be
effective immediately.
PASSED, APPROVED, AND ADOPTED by the Commissioners of the
Housing Authority of the city of Pleasanton on this day of
September 1986, by the following votes:
AYES:
NOES:
ABSENT:
CHAIRPERSON
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ATTEST:
Secretary
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MANAGEMENT AGREEMENT
This Management Agreement, is entered into this day of
, 1986, by and between the HOUSING AUTHORITY OF THE
COUNTY OF ALAMEDA (the "Agent") and the DUBLIN HOUSING AUTHORITY
(the "Owner").
WITNESSETH: .
In consideration of the mutual covenants hereinafter set
forth, the parties agree as follows:
1. Definitions. Wherever used in this Agreement:
(a) the term "Project" shall mean that Conventional
Low Income Public Housing project consisting of 150 dwelling
units located at 6700 Dougherty Road, Dublin, California,
commonly known as the Arroyo Vista Project and identified as
Project No. CAl4200l.
(b) The term "HUD" shall mean the United states
Department of Housing and Urban Development.
(c) The term lIACClI shall mean that Consolidated Annual
Contributions Contract No. as it may be amended from time
to time, for Project No. CA142001.
(d) The term "Principal Parties" shall mean the Owner
and the Agent.
2. Transfer of the Project. The Project was developed by
the Housing Authority of the city of Pleasanton (the "Pleasanton
Authority") pursuant to Consolidated Annual Contributions
Contract No. SF-426 entered into by the Pleasanton Authority and
HUD on May lO, 1972, and amended by Amendment No.3 dated April
3, 1980. The Owner and the Pleasanton Authority have received or
will receive HUDls consent to assign the ACe to the Owner. It is
the desire of the Principal Parties that, upon such assignment,
the Agent shall operate the Project on behalf of the Owner,in
accordance with HUD-approved Public Housing Occupancy Policies
and Standards.
3. HUD Authority. This Agreement is subordinate to all HUD
directives, and constitutes a binding obligation upon the
Principal Parties and their respective successors and assigns.
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4. Manaqement Plan. Attached hereto as Exhibit "A" and
hereby incorporated herein, is a copy.of the Management Plan for
the Project, which provides a description of the policies and
procedures to be followed in the management of the Project. The
Agent shall comply with, the provisions of the Management Plan,
regardless of whether specific reference is made hereto in any
particUlar provision of this Agreement.
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5. Compliance with Federal. state and Local Laws and
Requirements. The Principal Parties shall comply with all
Federal, state, and local laws and requirements including Title
VI of the civil Rights Act of 1964, Title VIII of the 1968 civil
Rights Act, Executive Order l1063 and the Code of Federal
Regulations implementing Title VI, Title VIII and Executive Order
ll063.
6. Establishment of Depositorv Account. The Principal
Parties agree that upon execution of this Agreement and approval
by HUD, Owner shall open a separate Depository Account for the
receipt and disbursement of all Project funds including the
payment of any operating subsidies which are due under the ACC.
All monies received from HUD and any other Project revenues
including rents, charges and other amounts receivable, shall be
deposited into the Account.
7. Financial Accountinq. (a) The Agent shall establish
and maintain for the Project a financial accounting system which
is satisfactory in form and content, to the requirements of HUD
and the ACC. All fiscal records pertaining to the Project may be
examined by the Owner or the Owner's representative upon 24 hours
notice during normal business hours.
(b) The Agent shall furnish to the Owner monthly and
annual financial reports concerning the Project.
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8. Aqent's Compensation. In consideration of the Agent's
services hereunder, the Agent shall be compensated in the amount
specified in the approved budget submitted to HUD. such
compensation shall be treated as a Project expense.
9. Insurance. (a) The Owner and Agent shall obtain such
insurance coverage as is necessary and desirable.
(b) The Agent shall be responsible for providing
Worker's Compensation for its own employees.
(c) The Agent will investigate and report to the Owner
regarding accidents occurring at the Project and all actual or
potential insurance claims, and shall cooperate with the Owner's
insurers.
(d) Neither party shall be liable for, and each party
shall indemnify and hold harmless the other party for, damages
resulting from the 'negligent or wrongful acts or omissions of the
other party's employees, agents or representatives in the
performance of this Agreement.
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(e) Notwithstanding any of the foregoing, the Agent
and the Owner shall maintain coverage in accordance with section
305 of the ACC. '
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10. Manaqement Records and'Reports. (a) The Agent will
establish and maintain records for the Project as required by HUD
including tenant files, occupancy and maintenance records. The
Owner, or the Owner's representative may examine these records
upon 24 hours notice during normal business hours.
(b) The Agent shall furnish to the Owner monthly
management reports.
11. Tenant Recruitment. Selection. Reexamination and
Grievances. (a) The Agent shall recruit and select tenants for
the Project and perform other related functions mandated by
statute, HUD regulations and the Owner's approved Public Housing
Occupancy Policies and Standards including marketing of the
program, accepting and screening applications, determining
eligibility, and maintaining applicant and tenant records.
(b) The Agent agrees to provide a preference to
residents of the city of Dublin and the City of Pleasanton and,
only thereafter, to consider for occupancy persons who reside
outside of the cities of Dublin and Pleasanton.
(c) The Agent shall lease the dwelling units,
periodically redetermine tenant eligibility and hear tenant
grievances in compliance with the adopted Grievance Procedures
and Public Housing Occupancy Policies and Standards as approved
by HtlD.
12. Leasinq of Project Units. (a) The Agent shall seek
continuous rental of the Project units and prepare and execute
all dwelling leases on behalf of the Owner. Dwelling leases
shall be in a form approved by HUD, the Owner and the Agent.
(b) The Agent shall collect when due all rents,
security deposits, charges and other amounts receivable and
deposit these revenues into the Depository Account.
(c) As provided by HUD, the Agent will furnish to the
Owner directives pertaining to changes in rents, facilities and
service charges, and tenant eligibility requirements. -
13. Enforcement of Lease. The Agent shall seek tenant
compliance with the lease agreement. In the event of lease
violation, the Agent may lawfully terminate tenancies and is
authorized to consult with legal counsel and to bring, maintain,
settle and terminate actions ,for eviction on behalf of the
instructions consistent with the Owner's rights and duties. All
costs incurred as a result of lease terminations (including legal
fees) shall be paid from the Depository Account.
14. Maintenance. (a) The Agent shall maintain the Project
in a manner consistent'with federal housing standards and State
and local codes.
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(b) All maintenance and repair costs shall be paid by
the Owner out of the Depository Account.
(c) The Agent is authorized to purchase materials and
supplies which are necessary for Project maintenance and may, at
its sole discretion, enter into agreements with independent
contractors to provide services which cannot be performed by the
Agent's regular employees. These materials, supplies and
services shall be paid by the Agent out of the Owner's Depository
Account.
(d) The Agent shall be responsible for receiving and
investigating maintenance requests and taking corrective action
as warranted by 'the nature of the request.
l5. utilities and Services. The Agent shall arrange for
utilities and services for common areas of the Project including
sewer, water, electricity, gas, and trash disposal. These
utilities and services shall be paid by the Owner out of the
Depository Account.
16. Term of Aqreement. (a) Upon assignment of the ACe to
the Owner, the Agent shall assume full administrative, operating
and management responsibilities for the Project beginning on the
date first above written. This Agreement shall continue until
either party gives six (6) months written notice to terminate at
the end of any calendar month, or unless the condition defined in
i~em,(b) exists.
(b) In the event of a default by the Owner or Agent,
either party may terminate the Agreement immediately upon issu-
ance of a Notice of Cancellation. No liability shall attach to
either of the Principal Parties in the event of such termination.
(c) In the event of termination, the Agent will submit
to the Owner all financial statements required by HUD. The
parties shall account to each other on all matters outstanding as
of the date of termination, after which sufficient funds shall be
set aside to meet any obligations or liabilities which the Agent
may have incurred on behalf of the Owner.
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IN WITNESS WHEREOF, the Principal Parties~by their duly
authorized officer have executed t~is Agreeme~~:on the date first
above written. ' '..,;; ,
DUBLIN HOUSING AUTHORITY
By:
~hairpersC?n
ATTEST:
Secretary
HOUSING AUTHORITY OF THE
COUNTY OF ALAMEDA
By:
Chairperson
ATTEST:
Secretary
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