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Home My Public Portal About2017-07-01 Consulting Services Agreement - Comprehensive Housing Services (CHS) AGREEMENT FOR CONSULTING SERVICES THIS AGREEMENT is entered into as of the 1st day of July, 2017 between the City of Fullerton, a municipal body, (hereinafter referred to as the "City") and Comprehensive Housing Services, Inc., a California Corporation (hereinafter referred to as "CHS") and shall be effective on July 1, 2017 and continue for twelve months through June 30, 2018. WHEREAS, the implementation of Assembly Bill 1x26, signed into law on or around June 29, 2011, dissolved all of the redevelopment agencies in the State of California, including the Fullerton Redevelopment Agency ("Agency"), effective February 1, 2012; and WHEREAS, the Agency had existing development projects/programs related to the production of affordable housing in the City; and WHEREAS, on January 17, 2012, the City, by Resolution No. 2012-07, determined that the City elects to, and shall, retain the housing assets and functions of the Agency, including the implementation of all affordable housing projects/programs; and WHEREAS, the City administers affordable housing programs/projects and federal Community Development Block Grant (CDBG) and HOME Partnership (HOME) funds (collectively, the "Program"), and WHEREAS, the City has determined that CHS shall serve as the Program administrator to assist the City in monitoring and maintaining existing and proposed affordable housing programs/projects. Programs may also include, but will not be limited to the Tenant Based Rental Assistance (TBRA) subsidized affordable housing units, housing rehabilitation, or other rental or ownership programs; and WHEREAS, CHS represents that it is fully qualified to render consulting and administration services as set forth hereafter in connection with the above- cited Program. THE PARTIES MUTUALLY AGREE AS FOLLOWS: SCOPE OF SERVICES CHS will provide consulting and administrative services which are necessary to administer the affordable housing programs/projects which may include, but not limited to, the following: A. ADMINISTRATION SERVICES 1 Services may include the preparation of standard correspondence necessary to provide the required assistance. In addition, progress reports on various projects will be submitted. Frequency and contents of such reports will be determined by City and CHS staff. Downpavment Assistance Program (DAP) Residency Verification - CHS will assist in the annual residency verification process of all existing Downpayment Assistance Program participants. Subordination/Reconveyence - CHS will provide necessary assistance to participants and lenders in maintaining and/or subordinating or paying off loans. City of Fullerton (former Agency) Subsidized Housing Affordable Rents — CHS will update as necessary affordable rents based on the funding source used to subsidize the housing project and as stipulated in the agreement between the developer and the former Agency. Income Certification — CHS will assist in the annual income certification of all tenants occupying the former Agency's subsidized housing units. This will include collecting and reviewing statistical information from the developer (i.e. ethnicity, family size, etc.) Inspections — CHS will provide housing inspections as scheduled by the City. Follow up will include a report of deficiencies and subsequent inspections to verify that the deficiencies are corrected. Miscellaneous Tasks as requested from City staff. II BILLING RATE AND COST SCHEDULE PROGRAM ADMINISTRATION - Program administration and support services will be provided on an hourly basis, the fees shall be as indicated below, payable as invoiced at the end of each month, payable within a thirty-day period from the invoice date. This hourly rate shall not include out-of-pocket and travel expenses. CHS, Inc. may revise its hourly rate for any of the above activities, as may be necessary, with a sixty (60) day written notice for consideration and comment by the City. As a consequence of any revision to the hourly rate for the above 2 mentioned activities, written amendment to this Agreement agreed upon and executed by authorized officials of both parties will satisfy the modification. Programs Manager - $75.00 per hour • Tenant-based Rental Assistance Program Administration • Research, compile and present data and information as requested Programs Assistant - $37.00 per hour • Tenant-based Rental Assistance Program Administration • On-going rehabilitation program administration • Research, compile and present data and information as requested Labor Standards Officer - $75.00 per hour • Payroll review • Maintain project file/records for HUD audit purposes • On-site interview of workers Compliance Analyst - $65.00 per hour • Obtain Rent and Income certification for City affordable housing units • Financial review of Developer records • Annual Residency verification • Subordination/reconveyance Program Analyst - $75.00 per hour • Tenant-based Rental Assistance Program Administration Outside Costs— • Delivery — Market • Travel - $.55 per mile Ill ADDITIONAL TERMS AND CONDITIONS A. CHS will not discriminate against any person associated with the City's affordable housing programs because of their race, religion, creed, color, national origin, ancestry, physical handicap, mental condition, marital status, sex or sexual orientation. B. CHS will comply with all applicable statutes, regulations and ordinance including the Cranston-Gonzales National Affordable Housing Act of 1990 and the State of California Health and Safety Code section 17920.3, 18007, 50079.5; (section 6928), 50101 and 50105. 3 C. All plans, studies, documents and other writings prepared by CHS, its officers, employees and agents in the course of implementing the Agreement, shall become the property of the City upon payment to CHS for such work, and the City shall have the right to use such materials in its discretion without further compensation to CHS or to any other party. D. CHS, including principles, associates and professional employee covenants and represents that it does not now have any interest and shall not acquire any interest, direct or indirect, in the City's jurisdiction which would conflict in any manner or degree with the performance of its services hereunder. E. CHS is not an agent of the City, and the City retains all rights of approval and discretion with respect to any project to which this Agreement pertains. CHS, its officers, employees and agents shall not give any power to bind or commit the City to any decision or course of action, and CHS, its officers, employees and agents shall not present to any person or party that it, or they, are acting as agents for the City or that they have the power to bind or commit the City. F. Should CHS choose to employ any subcontractors with regard to the disposition of this agreement, the City shall have the right to approve of the employment of these subcontractors. CHS shall notify the City of any subcontractor arrangement prior to disposition of duties with regard to this contract in order that the City may approve of the qualifications and expertise of any subcontractor being employed for the purpose of completing contract activities. G. This Agreement shall supersede all oral negotiations with respect to the subject matter hereof. H. The Agreement shall be governed by and construed in accordance with the laws of the State of California. The City's Community Development Director or his/her designated representative is authorized and directed for and on behalf of the City to administer this Agreement and all matters in connection with it. J. CHS shall maintain commercial general liability, products and completed operations insurance in minimum limits of One Million Dollars ($1,000,000) and commercial auto liability insurance in minimum limits of Five Hundred Thousand ($500,000) per occurrence during the term of this Agreement and Workers' Compensation coverage in amounts as required by applicable law. CHS shall provide City with certificates evidencing all such coverage upon signature of this Agreement and thereafter upon request; CHS shall notify City immediately in the event of any cancellation or material modification of the coverage. 4 K. CHS shall indemnify, defend and hold harmless the Agency, its agents, officers and employees, against all liability, claims, suits, costs and expense for injury to or death of persons, and loss of or damage to property, arising out of, connected with or attributable to services performed by CHS under this Agreement. L. Disputes regarding the interpretation or application of any provisions of this Agreement shall, to the extent reasonably feasible, be resolved through good faith negotiations between the parties. If any action at law or in equity is brought to enforce or interpret any provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney's fees, costs, and necessary disbursements, in addition to such other relief as may be sought and awarded. IV TERMINATION OF SERVICES A. In the event of a breach of any condition or provision hereof, the City shall have the right, by prior thirty (30) day written notice to CHS, to terminate its services hereunder and cancel this Agreement. The City shall have the benefit of such work as may have been completed up to the time of such termination and with respect to any part which shall have been delivered to and accepted by the City, there shall be an equitable adjustment of compensation. Also, CHS shall be entitled to receive compensation for all work completed but not delivered to the City. B. CHS at is discretion may terminate this Agreement, in whole or in part, by giving the City thirty (30) day written notice. 5 IN WITNESS HEREOF, the City and CHS have executed this Agreement as of the date first hereinabove set forth. ATTEST: CITY OF FULLERTON B- �-( - f -- --- ' '- Date: � Date: , � i 4 Lt) k Mil lb A__.,Ai. 411ii:...._ L c . - Iliams, City Clerk Kenneth A. Domer' anager APPROVED AS TO FORM: COMPREHENSIVE HOUSING SERVICES, INC. Date: d `1 Cc? Date: 4 .3,4 g. 20/7 - 1111411" City Attorney 411116 Gay Bloomingdale, Ci, Rant 6