HomeMy WebLinkAbout4.07 Tri-Valley House Oppty
CITY CLERK
File # D~[Q]~-~~
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: August 19, 2008
SUBJECT:
The City of Dublin and the Tri- Valley Housing Opportunity
Center Master Agreement for Services
Report Prepared by John Lucero, Housing Specialist
A TT ACHMENTS:
I) Resolution Approving a Master Agreement for Services with the
Agreement attached as Exhibit A.
RECOMMENDATION: ,if'1)
~'
Adopt Resolution Approving a Master Agreement for Services
with the Tri Valley Housing Opportunity Center and authorizing
the City Manager to execute the Agreement.
FINANCIAL STATEMENT:
The City Council has included $25,000 in the FY 2008-2009
budget for the Tri Valley Housing Opportunity Center to provide
serVIces.
DESCRIPTION:
Background
On September 17, 2002, the City Council indicated support for the creation of a Housing Clearinghouse
that would function as a One-Stop Center for affordable housing questions and provide home buyer
education in the Tri-Valley. The Tri-Valley Housing Opportunity Center (TVHOC) opened for business
in September, 2005 to provide the anticipated services to the residents of the Tri- Valley. A Public
Participation Jurisdiction Agreement (PPJA) was approved on May 2,2006 by the City Council to provide
$50,000 to the TVHOC for operating start-up funds.
On March 28, 2007, as part of the development of the FY 2007-2008 Goals and Objectives, the City
Council approved, as a high priority goal, "work with the TVHOC to determine how the TVHOC can
complement the services provided by the City of Dublin".
On June 28, 2007, the City Council awarded the TVHOC $20,000 to provide funding for the TVHOC
Family Stability and Home Linkage Program. The Program is a One-Stop Financial Education Program
for extremely-low to low income households.
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COpy TO:
ITEM NO. ~
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On August 21, 2007, the City Council entered into a one-year Master Agreement for Services. The
Master Agreement was structured to meet the City Council's goal to define the TVHOC and City
Services.
At the City Council meeting on June 26, 2008, the City Council awarded the Tri-Valley Housing
Opportunity Center $25,000 to provide funding for the Tri-Valley Housing Opportunity Center Family
Stability and Home Linkage Program.
ANALYSIS:
Master Agreement for Services
Since the term of the Agreement is for one year, it is necessary to renew the Agreement at this time. The
purpose of the Master Agreement for Services (Agreement) is to set forth the terms and conditions under
which the TVHOC will work during the term of the Agreement to provide services to City of Dublin
households. Services include, but are not limited to: financial education programs; homeownership and
rental counseling and education; Early Delinquency and Default/Foreclosure Loss Mitigation; and
programs to assist in the creation and preservation of the affordable housing supply (see Exhibit A to
Attachment 1). The term of the Agreement is from August 21, 2008 to June 30, 2009.
Financiallmvact:
On June 26, 2008, the City Council awarded the TVHOC $25,000 to provide funding for TVHOC
Programs.
The Master Agreement for Services will provide a benefit to the City in providing the services not offered
by the City.
RECOMMENDATION:
Staff recommends that the City Council: 1) Adopt Resolution Approving a Master Agreement for Services
with the Tri Valley Housing Opportunity Center and authorizing the City Manager to execute the
Agreement.
20{0<
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RESOLUTION NO. XX- 08
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
********************
AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF DUBLIN AND THE TRI-
VALLEY HOUSING OPPORTUNITY CENTER
WHEREAS, the City of Dublin recognizes the need for financial education programs,
homeownership and rental counseling and education, and programs to assist in the creation and
preservation of the affordable housing supply; and
WHEREAS, the City of Dublin recognizes the need for resources to protect households from
unfair rental and lending practices through counseling and education; and
WHEREAS the City of Dublin supports the operation and of the Tri-Valley Housing Opportunity
Center to promote homeownership, financial literacy, workforce development, and asset development to
very-low and low income individuals, households, and emancipated youth in the City of Dublin; and
WHEREAS, the City of Dublin recognizes the need to assist Below Market Rate Homeowners
with the resale of their unit, the City and Tri- Valley Housing Opportunity Center have developed
Programs to provide this assistance; and
WHEREAS, the City Council on June 26, 2008, awarded the Tri-Valley Housing Opportunity
Center $25,000 to provide funding for the various programs that the Tri Valley Housing Opportunity
Center provides.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve the Master Agreement for Services with the Tri Valley Housing Opportunity Center.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Agreement on
behalf of the City.
PASSED, APPROVED AND ADOPTED this 19th day of August 2008 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Janet Lockhart, 11ayor
ATTEST:
City Clerk
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ATTACHMENT 1
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Tri-Valley Housing Opportunity Center
THE CITY OF DUBLIN
AND
THE TRI -VALLEY HOUSING OPPORTUNITY CENTER
MASTER AGREEMENT FOR SERVICES
This MASTER AGREEMENT FOR SERVICES (this "Agreement") is entered into on
August 21. 2008 by and between the City of Dublin, a municipal corporation (CITY) and
the Tri- Valley Housing Opportunity Center, Inc., a California nonprofit public benefit
corporation (TVHOC), hereinafter referred to singularly as "Party" or collectively as
"Parties. "
RECITALS
WHEREAS, TVHOC has established programs that benefit the City of Dublin as
well as other Tri Valley communities which include, but are not limited to those
described on the Attachment entitled "Scope of Work"; and
WHEREAS, the purpose of this Agreement is to set forth the terms and
conditions under which TVHOC will provide these programs to the City of Dublin.
Now, therefore, the Parties hereby agree as follows:
AGREEMENT
1. Term. The term of this Agreement will commence upon August 21. 2008 and
will terminate on June 30, 2009. This Agreement may be renewed for a specified period
of time, upon mutual written consent of the Parties.
2. Services; Compensation.
2.1 Scope of Services. TVHOC agrees to perform the services and activities
specified in the Scope of Services attached hereto, as Attachment 1, and incorporated by
reference herein. TVHOC shall complete the work described in the Scope of Services
prior to June 30, 2009 unless this Agreement is otherwise terminated or extended
pursuant to Section 3 below. The TVHOC shall not begin providing services pursuant to
this Agreement prior to August 21, 2008.
2.2 Standard of Performance; Reporting on Services. TVHOC shall perform all
services required pursuant to this Agreement in the manner and according to the
standards observed by a competent practitioner of the profession in which TVHOC is
engaged in the geographical area in which TVHOC practices its profession. TVHOC
shall prepare all work products required by this Agreement in a substantial, first-class
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EXHIBIT A TO
ATTACHMENT 1
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manner and shall conform to the standards of quality normally observed by a person
practicing in TVHOC's profession. TVHOC shall maintain records for project/program
review, evaluation, audit and/or other purposes and make them available to City at least
quarterly or upon request. It shall be the responsibility of the City to monitor the
progress of the Programs on a quarterly basis.
2.3 Time. TVHOC shall devote such time to the performance of services
pursuant to this Agreement as may be reasonably necessary to meet the standard of
performance provided in Section 2.2 above and to satisfy TVHOC's obligations
hereunder.
2.4 Compensation. During the term of this Agreement, City shall pay TVHOC
for services rendered pursuant to this Attachment up to a maximum amount of Twenty-
Five Thousand Dollars ($25,000) ("Maximum Payment Amount") in the time and
manner set forth in this section. The payments specified herein shall be the only
payments City shall be obligated to pay TVHOC pursuant to this Agreement. TVHOC
shall submit all invoices to City in the manner specified herein. Except as specifically
authorized by City, TVHOC shall not bill City for duplicate services performed by more
than one person.
TVHOC and City acknowledge and agree that compensation paid by City to TVHOC
under this Attachment is based upon TVHOC's estimated costs of providing the services
required hereunder, including salaries and benefits of employees and subcontractors of
TVHOC. The parties further agree that compensation hereunder is intended to include
the costs of contributions to any pensions and/or annuities to which TVHOC and its
employees, agents, and subcontractors may be eligible and that City has no responsibility
for such contributions except as expressly provided herein.
2.4.1 Invoices. TVHOC shall submit invoices, preferably quarterly, but
no more frequently than monthly, for the billing period. Invoices shall
contain the following information:
. The beginning and ending dates of the billing period;
. An explanation of the services performed in providing the
programs listed in the Scope of Services during the billing period. The
explanation should specify the number of Dublin household served under the
Programs.
2.4.2 Payments. City shall make payments to TVHOC, based on
invoices received for the payment period, within 45 days from the receipt
of an invoice that complies with the above requirements. The amount of
the payment shall be based on the relationship between the length of the
billing period and the Maximum Payment Amount. For example, if the
payment were for a 3-month billing period, it would be $6250.
Master Agreement between
City of Dublin and TVHOC
2
August 21, 2008
Lfoje
2.4.3 Payment upon Termination. In the event that the City or
TVHOC terminates this Attachment pursuant to Section 3, the City shall
compensate TVHOC on a pro rata basis based on the period of time
between the end of the last billing period for which it has submitted an
invoice pursuant to section 2.4.and the date of the written notice of
termination.
3. Termination. Either Party may cancel this Agreement by giving ninety (90)
days' written notice to the other Party. In the event of cancellation, the Parties agree to
work together to ensure that the best interests of the participant families are maximized..
4. Modification. TVHOC or CITY may from time to time request changes to the
scope of the services set forth in Section 2 above. Such changes must be mutually agreed
upon by the Parties in writing and shall be effective upon execution of a written
amendment to this Agreement, including a fee schedule, if applicable.
5. Ongoing Cooperation and Meetings. TVHOC and CITY acknowledge and agree
that a continuous process of communication and cooperation is necessary in order to
serve participants ofthe programs effectively.
6. Employees and Equipment. TVHOC agrees that they have secured or will secure
at their own expense all persons, employees and equipment required to perform the
services set forth under this Agreement, and that all such services will be performed by
persons authorized by law to perform such services. At all times during this Agreement,
TVHOC shall be an independent contractor of the CITY and shall not be an employee of
the CITY. Persons employed or retained by TVHOC in performance of the services set
forth under this Agreement will not be employees or agents of the CITY. TVHOC shall
be solely responsible for the payment of employment taxes incurred during the term of
this Attachment and any similar federal or state taxes.
7. TVHOC No Agent. Except as CITY may specify in writing, TVHOC shall have
no authority, express or implied, (i) to act on behalf of CITY in any capacity whatsoever.
or (ii) to bind the CITY to any obligation whatsoever.
8. Severability. Should the application of any provision of this Agreement to any
particular facts or circumstances be found by a court of competent jurisdiction to be
invalid or unenforceable, then (a) the validity of other provisions of this Agreement shall
not be affected or impaired thereby, and (b) such provision shall be enforced to the
maximum extent possible so as to effect the intent of the Parties and shall be reformed
without further action by the Parties to the extent necessary to make such provision valid
and. enforceable.
9. Exclusive Application. Nothing in this Agreement is intended or shall be
construed to confer upon or give to any person, firm, or corporation other than the Parties
Master Agreement between
City of Dublin and TVHOC
3
August 21,2008
6*,rc
hereto any right, remedy, or claim under or by reason of this Agreement. All terms and
conditions in this Agreement shall be for the sole and exclusive benefit of the Parties
hereto. TVHOC may not use CITY's program materials and CITY may not use
TVHOC's program materials for purposes other than those set forth in this Agreement or
at other times, without prior consent.
10. Indemnification. TVHOC agrees to indemnify, defend, and hold harmless CITY,
its officers, agents, and employees, from any and all liability, loss, costs, and reasonable
attorney's fees that may be sustained or incurred by reason of, or in consequence of,
TVHOC's acts or omissions arising out of this Agreement.
CITY agrees to indemnify, defend, and hold harmless TVHOC, its officers, agents, and
employees, from any and all liability, loss, costs, and reasonable attorney's fees that may
be sustained or incurred by reason of, or in consequence of CITY's acts or omissions
arising out of this Agreement.
11. Non-assignability. Neither Party may assign this Agreement without the other
Party's prior written consent.
12. Headings. The titles and heading of the various paragraphs of this Agreement are
intended solely for convenience or reference and are not intended to affect the
interpretation or construction of the provisions of this Agreement.
13. Time of the Essence. All times and dates in this Agreement shall be of the
essence in the performance of this Agreement.
14. Entire Agreement. This Agreement, including Attachment 1 and Attachment 2,
constitutes the entire understanding and agreement between the Parties with respect to the
subject matter hereof.
15. Amendment. This Agreement may only be amended by a writing signed by all
Parties hereto.
16. Governing Law. This Agreement and all collateral matters will be governed by
and construed in accordance with California law and the Parties agree that any
and all proceedings relating to this Agreement will be maintained in the courts of
California or the federal district courts sitting in California, which courts will
have exclusive jurisdiction for such purpose.
17. Disputes and Fees. Disputes between the parties shall be resolved by binding
arbitration, and the prevailing Party shall be entitled to recover from the other Party all
reasonable costs, including but not limited to, reasonable attorneys' fees.
18. Notices. Notices given under this Agreement shall be in writing and shall either
be served personally or delivered by first class U.S. Mail, postage prepaid. Notices shall
Master Agreement between
City of Dublin and TVHOC
4
August 21, 2008
b1f)
be deemed received at the earlier of actual receipt or three (3) days following deposit in
the U.S. Mail as provided above. Notices shall be directed to the following addresses,
provided that any Party may change its address for notice by giving written notice to the
other Party in accordance with this notice section:
CITY of Dublin
Attn: City Manager
100 Civic Plaza
Dublin, CA 94568
Tri- Valley Housing Opportunity Center
Attn: Center Director
20 - A South L Street
Livermore, CA 94550
20. Counterparts. This Agreement may be executed in multiple counterparts, each of
which shall be an original and all of which together shall constitute one instrument.
21. Cross-References. All cross-references in this Agreement, unless specifically
directed to another agreement or document, refer to provisions in this Agreement, and
shall not be deemed to be references to the overall transaction or to any other agreements
or documents.
IN WITNESS WHEREOF, this Agreement has been executed by the Parties
hereto on the date first set forth above.
Jacqueline Rickman
Center Director
Tri-Valley Housing Opportunity Center, Inc.
Richard Co Ambrose
City Manager
City of Dublin
1134496.1
Master Agreement between
City of Dublin and TVHOC
5
August 21, 2008
SCOPE OF SERVICES
TRI VALLEY HOUSING OPPORTUNITY CENTER
FY 2008-2009
'1~~
The Tri Valley Housing Opportunity Center will provide the following programs for the
City of Dublin during FY 2008-2009:
1. Financial Literacy Education Pro2:ram.
The Financial Literacy program will be taught in English and Spanish, and will use the
FDIC "Money Smart" 10-module curriculum over six weeks. The program will include:
one-on-one case management to assist individuals to develop a monthly spending plan,
establish or improve credit, locate a savings program, access banking services, and guard
against predatory lending practices and identity theft.
2. Family Stability and Home Linka2:e Pro2:ram.
The Tri- Valley Housing Opportunity Center (TVHOC) Family Stability and Home
Linkage Program is a One-Stop-Financial Education Program for extremely-Iow-to-low-
income, English, and Spanish speaking individuals, families, disabled persons, seniors,
and emancipated youth. The program will provide financial education, renter and
homebuyer counseling and education, and linkage opportunities to affordable housing.
3. Renter and Homebuyer Counselin2: and Education.
Participants will receive information on the steps involved in buying a house. To achieve
this objective, at the conclusion of the class, the participants will be able to:
. Describe the benefits and pitfalls of renting versus owning a home.
. Identify the steps required to rent or buy a home.
. Identify questions to ask to determine their readiness to buy a home.
. Identify basic terms used in a mortgage transaction.
. Describe the advantages and disadvantages of different mortgage options.
4. Workforce Development.
TVHOC will assist those with difficulty in locating work to update their resumes,
conduct job searches, and prepare for job interviews. TVHOC will coordinate case
management and workshops to coordinate with the Tri- Valley One-Stop Career Center
and Las Positas College's Cal/Works programs for placement opportunities.
5. Earned Income Tax Credit Preparation.
TVHOC will provide free income tax service to low-income Dublin residents in FY
2008-2009. TVHOC will assist low-income households claim their Earned Income tax
Credits, and apply those funds to savings.
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6.
Home Buyer Pro2ram.
8~g
The program includes post-purchase follow-up consultation sessions to include: creating
a new spending plan, review of loan documents, review of Resale Restrictions (if
applicable), and the establishment of an Ownership Action Plan. In addition a Protect
Your Investment Workshop will be provided which includes basic home repair tips,
insurance coverage, Wills and Estate Planning, Resale Restrictions (if applicable), and
refinancing.
7. Early DelinQuency and Default/Foreclosure Loss Miti2ation Pro2ram.
TVHOC will provide Early Delinquency and Default/Foreclosure Loss Mitigation
Services to City of Dublin residents. This will include services to assist those residents
who are experiencing difficulties in making their mortgage payments, due to a loss of
employment, medical problems, or a challenging loan structure. TVHOC will provide
individualized consultation services to work with troubled homeowners and the lender to
resolve issues.
8. Asset Development or Wealth Creation.
The program will be offered to those who are extremely low-income. If funds are
available to the participant, eligible participants will be enrolled into the Individual
Development Account (IDA). IDAs are matched savings programs that assist low-
income households to save funds to pay for job training classes or higher education, to
start a micro-business, or to purchase a home.
The matched program will be offered at a rate of 1: 1 for education, micro-business, and if
funds are available, a rate of 2: 1 for homeownership. The program will have a maximum
savings of $1500.00. The Associated Community Action Program (ACAP) will be the
TVHOC collaborating partner in the management of the savings and free income tax
program.
9. Below Market Rate Resale Linka2e.
The Tri-Valley Region Below-Market Rate (BMR) Resale Linkage Program (TVRL) is
the Tri-Valley Housing Opportunity Center's below market rate/inclusionary unit resale
program, which will provide the City of Dublin, Non-Profit Developing Agencies, Sellers
and Buyers with resale services as a neutral party, such as facilitation, marketing,
education, and guidance in the resale of below market rate/inclusionary units.
1134502.1
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