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HomeMy WebLinkAboutCommunity Development Commission (CDC) 04-04-160,62tC, ciVO. 1SI10-1g1 AGREEMENT FOR ADMINISTRATIVE SERVICES This Agreement for Administrative Services (the "Agreement") is entered on A-PR.1L `-f"` 2016 ("Effective Date") in Ukiah, California, between the City of Ukiah ("City") general law municipal corporation (referred to herein as "Ukiah") and the Community Development Commission of Mendocino County ("CDC"), a public body corporate and politic. The City and the CDC may be referred to in this Agreement individually as "Party," and collectively as "the Parties." RECITALS 1. City periodically authorizes and approves applications for grants or has access to other funds that establish programs and projects to improve or increase housing available in the City at affordable cost to low and moderate income families ("Housing Programs"), to improve or design public works or public facility projects benefitting low-income families in the City (Community Development Programs), or to assist businesses and the local economy with creation and retention of jobs ("Economic Development Programs"). Such Community Development, Housing and Economic Development programs include, but are not limited to, Community Development Block Grants ("CDBG") and Home Investment Partnerships Program (HOME) Funds, both of which are federal funds distributed through the California Department of Housing and Community Development ("HCD"). A list of other Housing and Economic Development programs is contained in Addendum 2. 2. CDC has experience administering numerous local, federal and state low income housing programs and grants. 3. The City and CDC desire that CDC assist in applying for, obtaining, and/or in administering Community Development, Housing and Economic Development Program funds awarded to or obtained by City, as well as providing general support in the areas of economic development, housing, and sustainability. 4. CDC is authorized by law to provide services to City pursuant to this Agreement. 5. This Agreement sets forth the roles and responsibilities of the City and the CDC in connection with the Community Development, Housing and Economic Development Programs . AGREEMENT 1. Contract Management and Grant Implementation. As needed, CDC shall manage and/or assist with Community Development, Housing and Economic Development Grants contracts executed between the City and a funding source, including HCD and assist with the implementation of the General Plan Housing Element, as that element was amended in 2016 and approved by HCD (hereafter, "Housing Element"). A. At the discretion of the City, the CDC shall perform various grant -related activities, including, but not limited to, contract management and grant implementation advising and monitoring. i. In performing their Contract Management and Grant Implementation obligations, the Parties will comply with applicable laws, rules and regulations, including, but not limited to, Community Development, Housing and Economic Development Program Grant agreements, funding notice availability notices, and applicable federal and state statutes and regulations. In connection with any monitoring activities performed by the CDC of a program participant (e.g. a developer and homeowner), the CDC shall have no enforcement obligations, but agrees to promptly notify the City in the event the CDC's monitoring activities show that a program participant is violating a program requirement. ii. The Parties acknowledge that CDC is not a party to any Community Development, Housing and Economic Development Program Funds agreements between the City and the funding source. The funding source may have contractual remedies against City for any violation of Community Development, Housing and Economic Development Program requirements, but not against CDC; provided, however, that City shall have legal and equitable remedies against CDC for any breach of this Agreement by CDC. B. Except where prohibited by a grant agreement or applicable statutes or regulations, CDC and its officers, employees and agents may be a developer or owner of a property or housing unit assisted with any Community Development, Housing and Economic Development Program funds administered by CDC pursuant to this Agreement, provided that CDC provides prior written notice to the City of its intent to use the Community Development, Housing and Economic Development Program funds for such purposes. In the event that CDC notifies the City pursuant to this Section 1(B), the City may require reasonable additional City oversight of such Community Development, Housing and Economic Development Program Funds and such additional oversight may include a modification of the CDC and City roles related to such Community Development, Housing and Economic Development Program Funds as set forth in this Section 1. C. At the City's discretion, CDC shall provide support in the areas of economic development, housing, and sustainability. Specifically, the City requires support to meet the following goals related to the Housing Element: i. By the end of 2016, develop and implement a residential rehabilitation program with an emphasis on improving safety, comfort and energy efficiency. ii. Develop an At -Risk Units Program: Maintain an inventory of at -risk affordable housing units and work with property owners and non-profit affordable housing organizations to preserve these units by identifying and seeking funds from Federal, State, and local agencies to preserve the units. iii. Provide copies of the inventory of vacant and underdeveloped land for public distribution. iv. Within 1 -year of adoption of the Housing Element, conduct a roundtable meeting with non-profit housing sponsors and developers to educate and share information about vacant and underutilized sites, the zoning requirements, the lot consolidation process, and incentives offered by the City. v. Facilitate the consolidation of smaller, multi -family parcels by 1) publicizing the underutilized sites inventory on the City's website, and 2) providing technical assistance to property owners and developers in support of lot consolidation. To encourage development of quality housing at prices lower income households can afford on smaller, multi -family parcels, the City will meet with non-profit sponsors and developers to promote strategies and the creation of lot consolidation incentives. vi. Work with City Staff to develop a Housing Resources webpage as part of the City website that may be used to facilitate the development and improvement of affordable housing. Included on the webpage could be items such as funding resources, affordable housing development agencies and developers, energy conservation and green -building resources and services. vii. Conduct periodic meetings with developers, non-profit housing development agencies, the City Police Department and others to identify constraints to development of affordable housing and use the information gained to consider zoning code amendments. 2. City's Review of CDC Performance; Additional Community Development, Housing and Economic Development. The performance of Contract Management and Grant Implementation Tasks by the Parties is subject to the following: A. During the term of this Agreement, City shall have the right to monitor CDC compliance with this Agreement. To assist City in monitoring CDC compliance, the CDC representative and City representative shall meet in person or by phone as reasonably requested by either party. In addition, upon reasonable notice to the CDC City shall have the right to inspect and copy (at City's expense) the CDC's books and records at the offices of the CDC related to those programs funded with Community Development, Housing and Economic Development Program Funds and which are included in the Addendum to this Agreement. Records that can be uploaded to the Cloud or a flash drive shall be copied without cost to the City, if City provides the storage site or flash drive. B. The CDC and City shall perform Contract Management and Grant Implementation tasks for each Community Development, Housing and Economic Development Program listed on the attached Addendum 2. In the event that the Parties desire to add additional Community Development, Housing and Economic Development Program Funds to Addendum 2, the CDC Executive Director and the City Manager shall agree in writing to such additional Community Development, Housing and Economic Development Program . Upon written agreement between the CDC Executive Director and the City Manager, such work shall then be deemed to be included in Addendum 2. The Parties shall attach a written agreement evidencing the additional Community Development, Housing and Economic Development Program (s) to the end of Addendum 2. 3. Monitoring and compliance reports for Grants which have been implemented. In addition to those Community Development, Housing and Economic Development Program Funds listed in Addendum 2, CDC shall engage in reasonable monitoring activities to monitor compliance of the following programs that are already funded with Community Development, Housing and Economic Development Program grants as listed in Addendum 3. In addition, CDC shall prepare such reports (excluding audits) which may be required in connection with those Community Development, Housing and Economic Development Program Funds listed in Addendum 3. The Parties may add Community Development, Housing and Economic Development Program Funds to Addendum 3, by written agreement between the CDC Executive Director and the City Manager. Upon execution of such an agreement, such work shall then be deemed to be included in Addendum 3. The Parties shall attach the written agreement to the end of Addendum 3. In connection with any monitoring activities performed by the CDC of a program participant (e.g. a developer and homeowner), the CDC shall have no enforcement obligations, but agrees to promptly notify the City, in the event the Housing and Economic Development Program Grant is a City program, or in the event the CDC's monitoring activities show that a program participant is violating a program requirement. 4. Personnel. CDC employees shall perform the tasks required by Section 1 of this Agreement and under the supervision of the Executive Director. The key contact person involved in the implementation and administration of Community Development, Housing and Economic Development Program Grant funded programs for the CDC will be Craig Schlatter, Development and Sustainability Manager. The key contact persons for City will be Sage Sangiacomo, City Manager and Charley Stump, Director of Planning and Community Development. 5. Term. The term of this Agreement shall commence on the Effective Date, and shall remain in effect for a period of one (1) year, unless earlier terminated pursuant to Section 11. If after one year the Parties agree in writing, the Agreement can be extended for a period of up to five (5) years. 6. Budget. A. Community Development, Housing and Economic Development Program Grants or Agreements. Budgets shall be in accordance with grant agreements between the City and applicable Community Development, Housing and/or Economic Development Program funding sources. Total budget will not exceed limits of administrative and activity delivery stated in the funding source grant agreement. City shall have no obligation to use other City funds to compensate CDC for its performance under paragraph 1 of this Agreement. B. The City may require a more detailed budget breakdown than the one referred to herein, and the CDC shall provide such supplementary budget information in a timely fashion in the form and content prescribed by the City. Any amendments to budget exceeding ten percent (10%) must be approved in writing by the City. 7. Payment. It is expressly agreed and understood that, for grant -related activities, the total to be paid by the City under this Agreement shall not exceed amounts budgeted for General Administration and/or appropriate levels of Activity Delivery funds budgeted in current grants. Drawdowns for the payment of eligible expenses shall be made against the line item budgets specified in Section 7 herein and in accordance with performance. A. Under the terms of this Agreement, a $25,000 retainer shall be provided to CDC at the beginning of the fiscal year or in a prorated amount that corresponds to the length of the Agreement. The retainer is advance payment to be used as a credit toward any actual fees or expenses incurred related to the delivery of service. B. CDC will bill monthly for the work it performs on an hourly basis in accordance with the billing rates attached hereto as Addendum 1. The fees paid to the CDC shall not exceed the amount of funds available for those activities, as set forth in the approved City of Ukiah annual budget. In the event that the entire retainer is utilized, prior to commencing additional work, CDC shall notify City if CDC does not believe the budgeted funds are sufficient to cover CDC's fee for performing the work. City shall have the option of providing the work by other means if it does not want to incur the added cost projected by CDC. C. City shall pay CDC based on periodic invoices submitted by the CDC for the time worked by the CDC. The invoices submitted by the CDC shall set forth the tasks performed and the time expended in performing each task. [AiiIn the event the CDC's work under this Agreement is about to exceed or exceeds the amount of budgeted funds available from the funding source, the CDC shall work with the City to find alternative means of covering CDC costs or modifying the program before stopping work. CDC shall not be obligated to perform work without being paid for its services in accordance with Addendum 1. 8. Records Retention. CDC shall retain for a period of five (5) years following the termination of the Applicable Community Development, Housing and Economic Development Program Grant agreement any records prepared for the applicable grant and shall make those records available during normal business hours to City or its funding source for inspection and copying. Upon termination of this Agreement, the CDC shall return any retained records to the City and shall not have any additional obligation to maintain any records related to this Agreement or a Community Development, Housing and Economic Development Program Grant. 9. Integration. This Agreement sets forth the entire agreement between the Parties concerning its subject matter and supersedes and replaces any previous statements, agreements, representations or understandings. Any amendments or modifications to this Agreement must be mutually agreed upon by the Parties and may not materially affect the State's responsibilities for administering any grant Program funded by the State. 10. Suspension or Termination. Either party may terminate this Agreement at any time by giving written notice to the other party of such termination, and specifying the effective date thereof, which shall be not less than 30 days before the effective date of such termination. Partial termination of the Scope of Service in paragraphs 1 and 3, above, may be undertaken only with the prior approval of City and CDC. In the event of any termination for convenience, all finished or unfinished documents, data, studies, surveys, maps, models, photographs, reports or other materials prepared by the CDC under this Agreement shall, at the option of City, become the property of the City. CDC shall be paid all amounts owed to the CDC under this contract or prior to termination of this Agreement;, provided, however, that if the agreement is terminated due to a material breach arising from gross negligence or willful misconduct by the CDC, City shall have the right to set off against any amounts owed to CDC the damages caused by that breach. 11. Indemnification. The CDC agrees to indemnify City for any claim, cost or liability for personal injury, including wrongful death, or property damage that arises out of, or pertains to, or relates to the performance of services under this contract by the CDC to the extent caused by CDC's negligent or willfully wrongful acts, errors,or omissions, but this indemnity does not apply to liability for damages for death or bodily injury to persons, injury to property, or other loss, arising from the negligence or willful misconduct of City. "Indemnify," as used herein includes the expenses of defending against a claim and the payment of any settlement or judgement arising out of the claim. Defense costs include all costs associated with defending the claim, including, but not limited to the fees of attorney's,investigators, consultants, experts and expert witnesses, and litigation expenses. Reference in this paragraph to City or the CDC, include their officers, employees, or agents. City agrees to indemnify CDC for any claim, cost or liability for personal injury, including wrongful death, or property damage that arises out of the performance of City's obligations under this Agreement to the extent caused by the negligence or willful misconduct of City. "Indemnify," as used herein includes the expenses of defending against a claim and the payment of any settlement or judgment arising out of the claim. Defense costs include all costs associated with defending the claim, including, but not limited to, the fees of attorneys, investigators, consultants, experts and expert witnesses, and litigation expenses. References in this paragraph to City or the CDC, include their officers, employees, or agents. 12. Miscellaneous. A. No Third Party Beneficiaries. There shall be no third party beneficiaries to this Agreement. B. Action by the CDC. Whenever any approval, notice, direction, consent, request, extension of time, waiver of condition, termination, or other action by the CDC is required or permitted under this Agreement, such action may be given, made, or taken by the Executive Director without further approval by the CDC's governing body; provided that such approval, notice, direction, consent, request, extension is non- material. C. Notices, Demands and Communications. Formal notices, demands, and communications between the CDC and City shall be sufficiently given if and shall not be deemed given unless dispatched by certified mail, postage prepaid, return receipt requested, or delivered by express delivery service, with a delivery receipt, or delivered personally, with a delivery receipt, or delivered by fax with a return receipt, to the principal office of the CDC and City as follows: CDC: Community Development Commission of Mendocino County 1076 N. State Street Ukiah, CA 95482 Attn: Executive Director Fax: 707 463-4188 City: City of Ukiah Ukiah Civic Center 300 Seminary Avenue Ukiah, CA 95482 Attn: City Manager Fax: 707-462-6204 Such written notices, demands and communications may be sent in the same manner to such other addresses as the affected Party may from time to time designate as provided in this Section. Receipt shall be deemed to have occurred on the date shown on a written receipt for delivery as the date of delivery, the date delivery was refused, or the date the item was returned as undeliverable. D. Applicable Law. This Agreement will be governed by California law. Any action or proceeding to enforce or interpret the provisions of this Agreement shall be filed in a court of competent jurisdiction in Mendocino County, the Parties consenting to the venue of such courts. E. Parties Bound. Except as otherwise limited in this Agreement, the provisions of this Agreement shall be binding upon and inure to the benefit of the Parties and their heirs, executors, administrators, legal representatives, successors and assigns. F. Severability. If any term of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall continue in full force and effect unless the rights and obligations of the parties have been materially altered or abridged by such invalidation, voiding or unenforceability. G. Counterparts. This Agreement may be executed in counterparts or duplicate originals, each such counterpart or duplicate original containing the original signature of the Party or Parties. Each such counterpart or duplicate original shall be admissible in any administrative or judicial proceedings as proof of the content of this Agreement. IN WITNESS WHEREOF, the Parties have entered this Agreement on the Effective Date. COMMUNITY DEVELOPMENT COMMISSION Todd Crabtree, Executive Director Community Development Commission of Mendocino County ATTEST: CITY OF UKIAH By: Sage Sang : como, y Manager City of Ukiah ATTEST: /1/5114/te Craig S h1a er, Development and Sustainability Kristine Lawler, City Clerk Manager City of Ukiah Community Development Commission of Mendocino County APPROVED AS TO FORM: Davi apport, C ty At rney City of Ukiah ADDENDUM 1 CDC STAFF REIMBURSEMENT RATES February 2016 Hourly Rate Schedule Rates are subject to change with 30 -day written notice provided by CDC to City of Ukiah. CDC considers photocopying, first class and FedEx postage, telephone, facsimile and cellular communication charges as a normal part of doing business. These charges are included in the stated hourly rates. Executive Director $80.00 per hour Fiscal Controller $75.00 per hour Development and Sustainability Manager $75.00 per hour Sustainability and Energy Efficiency Specialist $60.00 per hour Scheduler Planner Specialist $55.00 per hour Development and Sustainability Intern $30.00 per hour Rates are subject to change with 30 -day written notice provided by CDC to City of Ukiah. CDC considers photocopying, first class and FedEx postage, telephone, facsimile and cellular communication charges as a normal part of doing business. These charges are included in the stated hourly rates.