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HomeMy WebLinkAbout1995-08-22 - AGENDA REPORTS - HOME PGM FOR DISASTER RELIEF (2)AGENDA REPORT WagerApal: George A. Carav o Item to be presented by: Mike Haviland [Li��\il� 1i7e17 DATE: August 22,1995 SUBJECT: HOME Program for Disaster Relief DEPARTMENT: Community Development f7ttaIIeTiiili157 The City's award of HOME Program for Disaster Relief funds was partly based upon the City's ability to administer this program. Since the City does not have this capability in house, the application for these funds stated that the City would enter into a contract with a specialist to administer the program. As a result, Requests for Proposals (RFP) were solicited from professionals with demonstrated experience in implementing the HOME Program. The RFP sought aspecialist with the ability to provide for immediate administration of the City's HOME Program for Disaster Relief, including providing such services as general program administration, inspections, work write ups, loan application intake and processing, loan servicing, and disbursements. The announcement of the RFP was advertised in local papers, and mailed to a list of firms who have previously expressed an interest in working for the City. Over a dozen firms contacted staff for copies of the RFP. Of these firms, six submitted proposals, which were reviewed at the staff level. Reference checks were made of the six firms, and three firms were asked to compete in the interview phase of the selection process. A panel was assembled to interview the most qualified firms. The panel consisted of City Councilmember Clyde Smythe Councilmember Jan Heidt, and Ken Pulskamp, Assistant City Manager. Sarona Becker, Administrative Analyst, observed the panel interviews. Panelmembers were provided with copies of each proposal prior to the interviews, and were encouraged to ask questions regarding any part of any proposal or presentation. On July 24, 1995, the panel participated in a half-day interview process involving the following three housing firms: Comprehensive Housing Services, Inc. of Fountain Valley; United States.: Escrow, Inc. Of Downey; and the Regency Capital and Money Center Inc. Of Lancaster.. These firms were "short listed" based on their reputations and experience with similar housing implementation and analysis -type projects. The firm of United States Escrow was selected by the panel to administer the City's HOME Program for Disaster Relief based on several factors. USE has considerable experience in administration of the HOME Program, specifically in the Cities of Ontario, Santa Ana, San Bernardino. USE has also provided rehabilitation loan services to the Cities of Fontana, Thousand Oaks, and Ventura, and has worked to administer contracts under the California Disaster Assistance Program following the Whittier Earthquake, the San Francisco Earthquake, and the Oakland Fire. Staff is recommending that the City Council authorize a contract for professional services with United States Escrow, at a cost not to exceed $71,025. The source of funds for this contract will be the HOME Program for Disaster Relief, a portion of which is allowed for administration expenses. A proposed contract and scope of work which have been agreed upon by United States Escrow are available in the reading file in the City Clerk's office. Staff recommends that the City Council authorize a contract with United States Escrow to administer the City s HOME Program for Disaster Relief for an amount not to exceed $71,025, home\082295.agn AGREEMENT FOR HOUSING CONSULTING SERVICES between THE CITY OF SANTA CLARITA and UNITED STATES ESCROW THIS AGREEMENT is made and entered into this day of 1995, by and between the City of Santa Clarita (hereinafter called "Agency"), and United States Escrow., a California professional corporation (hereinafter called "Consultant"). RECITALS WHEREAS, Agency desires to undertake the Home Investment Partnerships (HOME) Program for Disaster Relief, a program that provides rehabilitation loans to low income home owners, which services require a level of staff support presently unavailable to Agency; and WHEREAS, Consultant represents that it is qualified to perform the services contained, it is mutually agreed between the parties as follows: NOW, THEREFORE, and in consideration of mutual covenants hereinafter contained, it is mutually agreed between the parties as follows: COVENANTS ARTICLE I. SCOPE OF SERVICES Consultant shall perform professional services as are directed by the authorized Agency representatives, and as described in the attached Exhibit A. ARTICLE II. AMENDMENTS TO SCOPE OF SERVICES Agency may request changes in the Scope of Services to be performed hereunder. Such changes, including any increase or decrease in the rate of Consultant's compensation, shall be mutually agreed upon by and between Agency and Consultant and shall be incorporated in written amendments to this Agreement. ARTICLE III. CONSULTANT'S COMPENSATION AND METHOD OF PAYMENT For services provided pursuant to Article I, of this Agreement, Consultant shall be compensated at the rates attached hereto as Exhibit "B", payable within thirty (30) days following receipt of Consultant's invoice. Invoices will describe services provided and the time required for each service. Sum total of all Consultant's invoices shall not exceed seventy one thousand and twenty five dollars ($71,025.00). ARTICLE IV. TIME OF PERFORMANCE Consultant agrees that it will diligently and responsibly pursue the performance of the services required of him by this Agreement. If a delay beyond the control of Consultant is encountered, a time extension mutually agreed upon in writing by Agency and Consultant may be granted. Consultant shall present documentation satisfactory to Agency to substantiate any request for a time extension. ARTICLE V. COOPERATION BY AGENCY All information, data, reports, records, and maps as are existing, available and necessary for carrying out the work as outlined in the Scope of Services shall be furnished to Consultant without charge by Agency. Agency shall cooperate with Consultant in every way possible to facilitate, without undue delay, the work to be performed under this Agreement. ARTICLE VI. DESIGNATED REPRESENTATIVES The following individuals are hereby designated as representatives of Agency and Consultant respectively to act as liaison between the parties: City of Santa Clarita Michael K. Haviland, Economic Development and Marketing Manager, Department of Community Development Name Title United States Escrow Any change in designated representatives shall be promptly reported to the other party in order to ensure proper coordination of the project. ARTICLE VII. STANDARDS OF PERFORMANCE Consultant shall comply with all applicable laws, ordinances, and codes of the federal, state, and local governments while performing the services described herein in a good, skillful, and professional manner. ARTICLE VIII. OWNERSHEP OF DOCUMENTS All reports, files, and other material prepared under this Agreement shall be and remain the property of the Agency. ARTICLE IX. AUTHORITY OF CONSULTANT Consultant shall be an independent contractor and shall not incur or have the power to incur any debt, obligation, or liability whatsoever against Agency. Consultant shall, as required, represent the Agency as its agent in contracts, solicitations, and negotiations concerning the implementation of the Santa Clarita HOME Program for Disaster Relief, but Consultant shall be without authority to bind Agency in any way with respect to terms, conditions, sale prices, times of performance, or any other matter related to Agency's legal liability or performance with respect to the implementation of the Santa Clarita HOME Program Disaster Relief. ARTICLE X. TERMINATION Either party may terminate this Agreement upon thirty (30) days' written notice to the other. In the event of such termination, Consultant shall be compensated for all services performed and expenses incurred to the date of notice of termination as described in a written report to Agency prepared by Consultant, less any amounts previously paid by Agency. ARTICLE XI. NOTICES Notice by Agency to Consultant shall be deemed delivered if sent by certified mail, return receipt requested to United States Escrow, 8121 E. Florence Avenue, Downey, California 90240. Notice by Consultant to Agency shall be deemed delivered if sent by certified mail, return receipt requested to the Community Development Department, City of Santa Clarita, 23920 Valencia Boulevard, Suite 300, Santa Clarita, California 91355. ARTICLE XII. CONFLICT OF INTEREST Consultant represents and agrees that Consultant has not employed any person to solicit or procure this Agreement, and has not made, and will not make, any payment of any agreement for the payment of any commission, percentage, brokerage, contingent fees, or other compensation in connection with the procurement of this Agreement. Consultant further represents and agrees that he has not now, and will not, acquire any interest, direct or indirect, present or prospective, in any of the property acquired by Agency, during the term of this Agreement. Consultant further represents that it has not employed, and will not employ in connection with work to be performed hereunder, any person having an interest, direct or indirect, in any of the property acquired by Agency during the term of this Agreement and Consultant will notify Agency of and will not work on any projects which may represent or appear to represent a conflict of interest with any other municipal client of Consultant. ARTICLE XIII. INSURANCE REQUIREMENTS Consultant shall obtain and maintain during the life of this Agreement automobile liability, including owned, hired, and non -owned vehicles, except as may be stricken out by Agency. Endorsement shall be obtained for the policies providing the above insurance for the following provisions: 1. Additional Insureds "The City of Santa Clarita, Santa Clarita, California, its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with Agency." 2. Notice "Said policy shall not terminate, nor shall it be canceled, nor the coverage reduced, until thirty (30) days after written notice is given to Agency." Limits The policy limits shall have minimum coverage per occurrence as follows: $100,000 - Property Damage; $250,000 - Injury to One Person/Any Once Occurrence; and $500,000 - Injury to More Than One Person/Any One Occurrence In addition to the insurance coverage in the paragraphs above, Consultant shall obtain and maintain, during the life of this Agreement, Workers' Compensation Insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation Insurance. Consultant shall provide to Agency certificates of insurance showing the insurance coverage described in the paragraphs above, in a form and content approved by Agency, prior to beginning work under this Agreement. ARTICLE XIV. INDEMNIFICATION CLAUSE Neither party hereto shall be liable for any damages proximately resulting from the negligent or wrongful actions or omissions of the other parties, employees, agents, or contractors performing under this Agreement, and each party shall indemnify, defend, and save harmless the other party from such damages or liability. ARTICLE XV. ENTIRE AGREEMENT This Agreement shall constitute the entire Agreement between the parties. Any amendments to or clarification necessary to this Agreement shall be in writing and acknowledged by both parties to the Agreement. ARTICLE XVI. MISCELLANEOUS A. Attorney's Fees If either party to this Agreement is required to initiate or defend or is made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys' fees.. Attorneys' fees shall include attorneys' fees on any appeal, and in addition, the party entitled to attorneys' fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all necessary costs the Court allows in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. B. SfAff Consultant agrees that each task as outlined in the work program shall be staffed by members of Consultant's team who are qualified and have the necessary experience to competently perform the task in a manner satisfactory to Agency. C. Subcontracts Consultant shall not employ subcontractors to perform the tasks required in the work program. No officer or employee of City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City for any amount which may become due to Consultant or its successor, or for breach of any obligation of the terms of this Agreement. This Agreement shall be construed and interpreted both as to validity and to performance under the laws of the State of California. Any and all legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any appropriate Court in such County. Consultant covenants and agrees to submit to the personal jurisdiction of such Court in the event of such action. IN WITNESS WHEREOF, Consultant and Agency have signed this Agreement on the date set forth hereinabove. Attest: George A. Caravalho City Manager Date Approved as to form City Attorney cdbgWoueron2gx City of Santa Clarita UNITED STATES ESCROW By: President