HomeMy WebLinkAbout2002-06-17 City Council (6)City of Palo Alto
City Manager’s Report
TO:HONORABLE CITY COUNCIL
9
FROM:CITY MANAGER DEPARTMENT: PLANNING AND
COMMUNITY ENVIRONMENT
DATE:
SUBJECT:
JUNE 17, 2002 CMR:294:02
APPROVAL OF AN AGREEMENT IN THE AMOUNT OF $75,000
WITH THE PALO ALTO HOUSING CORPORATION FOR
ADMINISTRATION AND CONSULTING SERVICES FOR THE
.BELOW MARKET RATE HOUSING PROGRAM FOR FISCAL
YEAR 2002 - 2003
RECOMMENDATION
Staff recommends that the City Council:
Approve and authorize the Mayor to execute the attached agreement with the Palo Alto
Housing Corporation (PAHC) for administration and consulting services for the Below
Market Rate (BMR) housing program for fiscal year 2002 - 03; and
Authorize the City Manager, or his designee, to administer the provisions of the
agreement.
B A CKGR OI IND
Under contract to the City, PAHC has administered the BMR housing program since its
inception in the mid-1970s. The scc~pe of services in the contract includes administering the
sales and resales of BMR owner units, monitoring o~cupancy of BMR rental units, advice
and consultation to the City regarding negotiations of BMR agreements with developers and
special issues related the program as a whole..
PAHC performs most tasks associated with the ongoing operation of. the BMR home
ownership and rental components of the program. For the home ownership units, PAHC
maintains,, and annually updates, a waiting list of interested potential buyers. Typically,
there are over 300 households on the waiting list to buy BMR units. PAHC also
coordinates the sale of newly built BMR units and the resale of existing units. These
CMR:294:02 Page i of 4
activities include the selection and qualification of the buyer; coordination of the transaction
betwe(n the buyer, seller and lender; holding open houses; and informing buyers of the
requirements of the deed restrictions. PAHC maintains a database and files on all units and
keeps statistics on the number and characteristics of the households served by the program.
Periodically, PAHC conducts monitoring of the 151 owner units in the program. Typical
¯ monitoring activities include reviewing assessor’s records to detect transfers in title or
ownership and letters to owners to confirm continued residency in the unit. PAHC offers
advice and referral to credit counseling services to BMR owners in financial difficulties.
When a violation of the deed restrictions is discovered, PAHC undertakes initial attempts to
remedy the situation. More complex enforcement matters are referred to the City Attorney
for legal action.
Over the last two fiscal years, 63 BMR rental units have been completed and occupied in
the Stanford West apartments. PAHC has been involved with the rent-up of the BMR units
at Stanford West, training the on-site property management personnel and reviewing tenant
qualifications. With the occupancy of Stanford West, there are now 101 rental units in the
BMR program, located in five different apartment projects. In response to Council policy
and direction, small rental and mixed-use projects are being approved and proposed with as
few as one BMR rental unit. PAHC’s primary responsibility in the rental program is the
determination of the eligibility of applicants and the recertification of existing tenants. The:
apartment managers prepare the certification documentation, which is then reviewed and
approved by PAHC staff. PAHC. also monitors each complex’s waiting list and tenant
selection process.
PAHC also provides advice, consulting and special administrative services for the City on
issues connected with the negotiation of BMR agreements or unusual problems related to
the preservation of units in the BMR program. Special issues where PAHC has had an
important role during the last year include the substantial repair assessments at Abitare and
Redwoods condominiums and negotiations involving the BMR condominium unit at
Ramona Court that is currently undergoing remediation for mold problems. Work on these
matters will continue into 2002-03.
The BMR program workload for 2002-03 .is expected to be similar to last year. Activity in
the rental program is expected to continue at a relatively high level due ongoing requests for
training from property management staff at Stanford West and the addition of BMR rentals
in small mixed-use projects. Increased efforts at enforcement of occupancy and title rules
for the ownership units are resulting in an increase in resales of older BMR owner units.
PAHC’s Board of Directors has expressed concem lately about PAHC’s exposure to
liability and costly litigation .from the performance of its regular duties administering the
sale of BMR units. With the. concurrence of City staff, PAHC is presently investigating the
cost and availability of a separate insurance policy specifically covering its scope of
services administering the BMR program for the City. Currently, PAHC is insured under a
CMR:294:02 Page 2 of 4
single, general commercial liability policy that covers all of its operations. This coverage,
while adequate, is structured more towards insuring PAHC’s rental property management
operations and its housing development activities, rather than its .unique role administering
the BMR program. Staff has agreed to include the reasonable cost of a separate insurance
policy as a reimbursable direct cost for this agreement, not to exceed $15,000. Staff will
recommend to Council that additional funds be appropriated from the Residential Housing
In-Lieu Fund during the mid-year budget adjustment process should the insurance premium
cost not be able to be absorbed within thecurrent $75,000 budget, as judged by the rate of
expenditures during the first half of .the 2002-03 fiscal year. The amended agreement and
budget changes would need to be approved by Council.
RESOIIRCE IMPA CT
The $75,000 cost of the agreement will be funded from the Residential Housing In-lieu
Fund (Residential Fund). PAHC’s services are billed at its staff’s hourly billing rates on a
time and material basis plus direct expenses such as printing and mailings. The volume of
the workload, particularly the sales of BMR owner units, is difficult to predict. If the full
amount of the c.ontract is not expended, the remaining funds are returned to the Residential
Fund. This fund has an approximate balance of $1,500,000 as of June 1, 2002. The
Residential Fund is composed primarily of fees received from housing developers, in-lieu of
the provision of units, pursuant to Program H-20 of the Comprehensive Plan (the authority
for the BMR program).
POLICY IMPLICATIONS
The recommendation in this staff report does not represent any change to City policies.
ENV1RONM-ENT A 1, REVIEW
The approval of an agreement for administrative and consulting services is not an action
subject to environmental review under the California Environmental Quality Act.
A TT A CHMF~NTS
A. Agreement Between the City of Palo Alto and the Palo Alto Housing Corporation For
Below Market Rate Housing Program Administrative Services
B.Chart Titled: Below Market Rate (BMR) Program Contract Costs, Services and
Accomplishments
PREPARED BY:
Catherine Siegel, Housing
CMR:294:02 Page 3 of 4
DEPARTMENT HEAD REVIEW:
Director of Planning and Community Environment
EMIL~ HAi~ISON
Assistant City Manager
co:Palo Alto Housi.ng Corporation
CMR:294:02 Page 4 of 4
CONTRACT NO.
BETWEEN THE CITY OF PALO ALTO AND
PALO ALTO HOUSING CORPORATION FOR
BELOW MARKET RATE HOUSING PROGRAM
ADMINISTRATIVE SERVICES
ATTACHMENT A~
This Contract No. is entered into
, 2002, by and between the CITY OF PALO ALTO, a
chartered city and a municipal corporation of the State of
California ("CITY"), and PALO ALTO HOUSING CORPORATION
("PAHC")("CONTRACTOR"), a California nonprofit corporation; located
at 725~ Alma Street, Palo Alto, CA 94301 (Taypayer Identification
Number 94-2262155).
RECITALS:
WHEREAS, CITY desires certain administrative and
consulting services ("Services"), in connection with the City’s
below market rate housing program as more fully described in
Exhibit "A"; and
WHEREAS, CITY desires to engage CONTP~ACTOR, including its
employees, if any, in providing the Services by reason of its
qualifications and experience in performing such Services, and
CONTRACTOR has offered to provide the Services on the terms and in
the manner set forth herein;
NOW, THEREFORE, in consideration of the covenants, terms,
conditions, and provisions of this Contract, the parties agreg:
SECTION i. TERM
i.I This Contract will commence on July i, 2002 and
shall end on June 30, 2003. The obligation of CONTRACTOR to
perform the Services will commence in accordance with the time
schedule set forth in Exhibit "A". Time is of the essence of this
Contract. In the event that the Services are not completed within
the specified time schedule on account of Contractor’s default,
CITY’s City Manager will have the option of extending the time
schedule for any period of time. This provision will not preclude
the recovery of damages for delay caused by CONTRACTOR.
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SECTION 2.
CONTRACTOR
QUALIFICATIONS, STATUS, AND DUTIES OF
2.1 CONTRACTOR represents and war~ants that it has the
expertise and professional qualifications to furnish or cause to be
furnished the Services. CONTRACTOR further represents and warrants
that the project director and every individual charged with the
performance of the Services under this Contract are duly licensed
or certified by the State of California, to the.extent such
licensing or certification is required by law to perform the
Services. ~
2.2 In reliance on the representation and warranty set
forth in Section 2.1, CITY hires CONTRACTOR to perform, and
CONTRACTOR covenants and agrees that it will furnish or cause to be
furnished, the Services set forth in the document entitled "Below
Market Rate Housing Program, Fiscal Year 2002-2003, Scope of
Services" in Exhibit "A".
2.3 CONTRACTOR will assign MARLENE PRENDERGAST, its
Executive Director, as the project director to have supervisory
responsibility for the performance, progress, and execution of the
Services. If circumstances or conditions subsequent to the
execution of this Contract cause the substitution of the project
director for any reason, the appointment of a substitute project
director will be subject to the prior written approval of the
project manager.
2.3.1 Not more than forty-nine percent (49%) of the
persons serving on the governing board of CONTRACTOR may be
interested persons. The term "interested persons" is defined in
Section 5227(a) of theCalifornia Corporations Code.
2.4 CONTRACTOR represents and warrants that it will:
2.4.1 " Procure all permits and licenses, .pay all
charges and fees, and give all notices which may be necessary and
incident to the due and lawful prosecution of the Services;
2.4.2 Keep itself fully informed of all existing and
future Federal, State of California, and local laws, ordinances,
regulations, orders, and decrees which may affect those engaged or
employed under this Contract, any materials used in CONTRACTOR’s
performance under this Contract, or the performance of the
Services;
2.4.3 At all times observe and comply with, and cause
its employees and contractors (.and consultants), if any, who are
assigned to the performance of this Contract to observe and comply.
with, the laws, ordinances, regulations, orders and decrees
mentioned above; and
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2.4.4 Will report immediately to the project manager,
in writing, any discrepancy or inconsistency it discovers in the
laws, ordinances, regulations, orders, and decrees mentioned above
in relation to any plans, drawings, specifications or provisions of
this Contract.
2.5 Any reports, information, data or other material
given to, or prepared or assembled by, CONTRACTOR or its
contractors, if any, under this Contract will become the property
of CITY and will not be made available to any individual or
organization by CONTRACTOR or its contractors, if any, without the
prior written approval of the city manager.
2.6 CONTRACTOR will provide CITY with quarterly reports.
With ~ach quarterly billing, CONTRACTOR shall submit a summary
char9 of. statistics about sales and resales of BMR ownership units,
in a .form approved by CITY, together with information about
occupancy of BMR rental units. CONTRACTOR shall also submit a
report, describing in narrative form,’other activities undertaken
during the report period.
2.7 .If CITY requests additional copies of reports,
drawings, specifications or any other material which CONTRACTOR is
required to furnish in limited quantities in the performance of the
Services, CONTRACTOR will provide such additional copies and CITY
will compensate CONTRACTOR for its duplication costs.
2.8 CONTRACTOR will be responsible for employing or
engaging all persons necessary to perform the Services. All
contractors of CONTRACTOR will be deemed to be directly controlled
and supervised by CONTRACTOR, which will be responsible for their
performance. If any employee or contractor of CONTRACTOR fails or
refuses to carry out the provisions of this Contract or appear~ to
be incompetent or to act in a disorderly or improper manner, the
employee or contractor will be discharged immediately from further
performance under this Contract on demand of the project manager.
2.9 CONTRACTOR shall provide the project manager and
others specifically requested by the project manager with free and
easy access to all facilities and activities of the programs
hereinafter described. The project manager and others specifically
requested by the project manager shall coordina.te such access with
CONTRACTOR.
SECTION 3. DUTIES OF CITY
3.1 CITY will furnish or cause to be furnished the
specified services set. forth in Exhibit "A" and such other
information regarding its requirements as may be reasonably
requested by CONTRACTOR.
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3.2 The city manager will represent CITY for all
purposes under this Contract. The Advance Planning Manager is
designated as the project manager for the City Manager. The project
manager will supervise the performance, progress, and execution of
the Services.
3.3 If CITY observes or otherwise becomes aware of any
default in the performance of CONTRACTOR, CITY will use reasonable
efforts to give written notice thereof to CONTRACTOR in a timely
manner.
SECTION 4 - COMPENSATION
4.1 In consideration of the full performance of the
Servic@s by CONTRACTOR, CITY will pay CONTRACTOR a tota! sum not to
exceed Seventy-Fige Thousand Dollars ($75,000), payable within
thirty .(30) days of submission by CONTRACTOR of its itemized
billings. On the billing form provided by CITY, .CONTRACTORshall
submit a bill by the fifth (5th) working day of. each quarter for
services provided under this Contract during the preceding quarter.
The bill shall specify actual expenditures directly related to this
Contract in.accordance with Exhibit "B".
SECTION 5.AUDITS
5.1 CONTRACTOR will permit CITY to audit, at any
reasonable time during the term of this Contract and for three (3)
years thereafter, CONTRACTOR’s records pertaining to matters
covered-by this Contract. CONTRACTOR further agrees to maintain
and retain such records for at least three (3) years after the
expiration or earlier termination of this Contract.
SECTION 6.INDEMNITY
6.1 CONTRACTOR agrees to indemnify, defend and hold
harmless CITY, its Council members, officers, employees and agents
from any and all demands, claims, or liability of any nature,
including death or injury to any person, property damage or any
other loss, caused by or arising out of CONTRACTOR’s, its
officers’, agents’, subcontractors’ or employees’ negligent acts,
errors, or omissions, or willful misconduct, or conduct for whichl
applicable law may impose strict liability on CONTRACTOR in the
performance of or failure to perform its obligations under this
Contract.
SECTION 7. WAIVERS
7.1 The waiver by either party of any breach or
violation of any covenant, term, condition or provision of this
Contract, or of the provisions of any ordinance or law, will not be
020612 lh 0091090
4
deemed to be a waiver of any other term, covenant, condition,
provisions, ordinance or law, or of any subsequent breach or
violation of the same or of any other term, covenant, condition,
provision, ordinance or law. The subsequent acceptance by either
party of any fee or other money which may become due hereunder will
not be deemed to be a waiver of any preceding breach or violation
by the other party of any term, covenant, condition or provision of
this Contract or of any applicable law or ordinance.
7.2 No payment, partial payment, acceptance, or partial
acceptance by CITY will operate as a waiver on the part of CITY of
any of its rights under this Contract.
SECTION 8. INSURANCE
8.1 CONTRACTOR, at its sole cost and expense, will
obtain and maintain, in full force and effect during the term of
this Contract, the insurance coverage described in Exhibit "C",
insurin~ not only CONTRACTOR and its contractors, if any, but also,
with the exception of workers’ compensation, employer’s liability,
and professional liability insurance, naming CITY as an additional
insured concerning CONTRACTOR’s performance under this Contract.
8.2 All insurance coverage required hereunder will be
provided through carriers with Best’s Key Rating Guide ratings of
A:VII or higher which are admitted to transact insurance business
in the State of California. Any and all contractors of CONTRACTOR
retainedto perform Services under this Contract will obtain and
maintain, in full force and effect during the term of this
Contract, identical insurance coverage, naming CITYas an
additional insured under such policies as required above.
8.3 Certificates of such insurance, preferably on the
forms provided by CITY, will be filed with CITY concurrently with
the execution of this Contract. The certificates will be subject
to the approval of CITY’s risk manager and will contain an
endorsement stating that the insurance is prlmary coverage and will
not be canceled or altered by the insurer except after filing with
CITY’s city clerk thirty (30) days’ prior written notice of such
cancellation or alteration, and that the City of Palo Alto is named
as an additional insured except in policies of workers’
compensation, employer’s liability, and professional liability
insurance. Current certificates of such insurance will be kept on
file at al! times during the term of this Contract with the city
clerk.
8.4 The procuring of such required policy or policies of
insurance will not be construed to limit CONTRACTOR’s liability
hereunder nor to fulfill the indemnification provisions of this
Contract. Notwithstanding the policy or policies of insurance,
CONTRACTOR will be obligated for the full and total amount of any
020612 lh 0091090
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damage, injury, or loss caused by or directly arising as a result
of the Services performed under this Contract, including such
damage, injury, or loss arising after the Contract is terminated or
the term has expired.
SECTION 9. WORKERS’ COMPENSATION
9.1 CONTRACTOR, by executing this Contract, certifies
that it is aware of the provisions of the Labor Code of the State
of California which require every employer to be insured against
liability for workers’ compensation or to undertake self-insurance
in accordance with the provisions of that Code, and certifies that
it will comply with such provisions, as applicable,before
commencing the performance of the Services.
SECTION i0.
SERVICES
TERMINATION OR SUSPENSION OF CONTRACT OR
i0.i The city manager may suspend the performance of the
Services, in. whole or in part, or terminate this Contract, with or
without cause, by giving thirty (30) days’ prior written notice
thereof, to CONTRACTOR. Upon receipt of such notice, CONTRACTOR
will immediately discontinue its performance of the Services.
10.2 CONTRACTOR may terminate this Contract or suspend
its performance of the Services by giving thirty (30) days’ prior
written notice thereof to: CITY, but only in the event of a
substantial failure of performance by CITY or-in the event CITY
indefinitely withholds or withdraws its request for the initiation
or continuation of the Services to be performed.
10.3 Upon such suspension or termination by CITY,
CONTRACTOR will be paid for the Services actually rendered to CITY
on or before the effective date of suspension or termination;
provided, however, if this Contract is suspended or terminated on
account of a default by CONTRACTOR, CITY will be. obligated to
compensate CONTRACTOR only for that portion of the Services which
are of direct and immediate benefit to CITY, as such determination
may be made by the city manager acting in the reasonable exercise
of her discretion.
10.4 Upon such suspension or termination, CONTRACTOR will
deliver to the city manager immediately any and all copies of
studies, sketches, drawings, computations, and other data, whether
or not completed, prepared by CONTRACTOR or its contractors, if
any, or given to CONTRACTOR .or its contractors, if any, in
connection with this Contract. Such materials will become the
property of CITY.
020612 lh 0091090
10.5 The failure of CITY to agree with CONTRACTOR’s
independent findings, conclusions, or recommendations, if the same
are called for under this Contract., on the basis of differences in
matters of judgment, will not be construed as a failure on the part
of CONTRACTOR to fulfill its obligations under this contract.
SECTION ii. ASSIGNMENT
ii.i This Contract is for the personal services of
CONTRACTOR, therefore, CONTRACTOR will not assign, transfer,
convey, or otherwise dispose of this Contract or any right, title
or interest in or to the same or any part thereof without the prior
written consent of CITY. A consent to one assignment will not be
deemed to be a consent to any subsequent assignment. Any
assignment made without the approval of the’ city manager will.be
void and, at the option of the city manager, this Contract may be
terminated. This Contract will not be assignable by operation of
law.
SECTION 12. NOTICES
12.1 All notices hereunder will be given in writing and
mailed, postage prepaid, by certified mail, addressed as follows.
To CITY:Office of the City Clerk
City of Palo Alto
Post Office Box 10250
Palo Alto, CA 94303
With a
copy to:Director, Dept. of Planning
and Community Environment
City of Palo Alto
P.O. Box 10250
Palo Alto, CA 94303
To CONTRACTOR: Attention of the project director
at the address of CONTRACTOR recited
above
SECTION 13.CONFLICT OF INTEREST
13.1 In accepting this Contract, CONTRACTOR covenants
that it presently has no interest, and will not acquire any
interest, direct or indirect, financial or otherwise, which would
conflict in any manner or degree with the performance of the
Services.
020612 lh 0091090
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13.2 CONTRACTOR further covenants that, in the
performance of this Contract, it will not employ any contractor or
person having such an interest. CONTRACTOR certifies that no
person who has or will have any financial interest under this
Contract is an officer or employee of CITY; this provision will be
interpreted in accordance with the applicable provisions of the
Palo Alto Municipal Code and the Government Code of the State of
California.
SECTION 14.NONDISCRIMINATION
14.1 As set forth in the Palo Alto Municipal Code, no
discrimination will be made in the employment of any person under
this Contract because of the age, race, color, national origin/
ancestry, religion, disability, sexual preference or gender of that
person. If the value of this Contract is, or may be, five thousand
dollars ($5,000) or more, CONTRACTOR agrees to meet all
requirements of the Palo Alto Municipal Code pertaining to
nondiscrimination in employment, including completing the requisite
form furnished by CITY and set forth in Exhibit "D".
14.2 CONTRACTOR agrees that each contract for services
with an independent provider will contain a provision substantially
as follows:
"[Name of Provider] will provide CONTRACTOR
with a certificate stating that [Name of
Provider] is currently in compliance with all
Federal and State of California laws covering
nondiscrimination in employment; that [Name of
Provider] will pursue an affirmative course of
action as required by the Affirmative Action
Guidelines of the City of Palo Alto; and that
[Name of Provider] will not discriminate in
the employment of any person under this
contract because of the age, race, color,
national origin, ancestry, religion,
disability, sexual preference or gender of
such person."
14.3 If CONTRACTOR is found in violation of the
nondiscrimination provisions of the State of California Fair
Employment Practices Act or similar provisions of Federal law or
executive order in the performance of this Contract, it will be in
default of this Contract. Thereupon, CITY will have the power to
cancel or suspend this Contract, in whole or in part, or to deduct
the sum of twenty-five dollars ($25) for each person for each
calendar day during which such person was subjected to acts of
discrimination, as damages for breach of contract, or both. Only a
finding of the State of California Fair Employment Practices
020612 Ih 0091090
Commission or the equivalent federal agency or
constitute evidence of a breach of this Contract.
officer will
SECTION 15. MISCELLANEOUS PROVISIONS
15.1 CONTRACTOR represents and warrants that it has
knowledge of the requirements of the Americans with Disabilities
Act of 1990, and the Government Code and the Health and Safety Code
of the State of California, relating to access to public buildings
and accommodations for disabled persons, and relating .to facilities
for disabled persons. CONTRACTOR will comply with or ensure by its
advicethat compliance with such provisions will be effected in the
performance of this Contract.
15.2 This Contract will be governed by the laws of the
State of California, excluding its conflicts of law.
15.3 In the event that an action is brought, the parties
agree that trial of such action will be vested exclusively in the
state courts of California or in the United States District Court
for the Northern District of California in the County of Santa
Clara, State of California.
15.4 The prevailing party in any action brought to
enforce the provisions of this Contract may recover its reasonable
costs and attorneys’ fees expended in.connection with that action.
15.5 This document represents the entire and integrated
agreement between the parties and supersedes all prior negotia-
tions, representations, and contracts, either written or oral.
This document may be amended only by a written instrument, which is
signed by the parties.
15.6 All provisions of this Contract, whether covenants
or conditions, will be deemed to be both covenants and conditions.
15.7 The covenants, terms, conditions and provisions of
this Contract will.apply to, and will bind, the heirs, successors,
executors, administrators, assignees, and contractors, as the case
may be, of the parties.
15.8 If a court of competent jurisdiction finds or rules
that any provision of this Contract or any amendment thereto is
void or unenforceable, the.unaffected provisions of this Contract
and any amendments thereto will remain in full force and effect.
15.9 All exhibits referred to in this. Contract and any
addenda, appendices, attachments, and schedules which, from time
to time, may be referred to in any duly executed amendment hereto
020612 lh 0091090
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are by such reference incorporated in this Contract and will¯ be
deemed to be a part of this Contract.
15.10 .This Contract may be executed in any number of
counterparts, each of which will be an original, but all of which
together will constitute one and the same instrument.
15.11 This Contract is subject to the fiscal provisions
of the Charter of the City of Palo Alto and the Palo Alto Municipal
Code. This Contract will terminate Without any penalty (a) at the
end of any fiscal year in the event that funds are not appropriated
for the following fiscal year, or (b) at any time within a fiscal
year in the event that funds are only appropriated for a portion of
the fiscal year and funds for this Contract are no longer
available. This Section 15.11 shall takeprecedence in the event
of a tonflict with any other covenant, term, condition, or
provision of this Contract.
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IN WITNESS WHEREOF, the parties hereto have by their duly
authorized representatives executed this Contract on the date first
above written.
ATTEST:
City Clerk
APPROVED AS TO FORM:
CITY OF P~LO ALTO
Mayor
PALO ALTO HOUSING CORPORATION
Senior Asst. City Attorney
APPROVED:
Director of Planning and
Community Environment
Director of Administrative
Services
Insurance Review
By :
Name:
Title
TitleU
Taxpayer Identification No.
94-2262125
(Compliance with Corp. Code § 313 is
required if the entity on whose behalf
this contract is signed is a
corporation. In the alternative, a
certified corporate resolution
attesting to the signatory .authority
of the individuals signing in their
respective capacities is acceptable)
Attachments
EXHIBIT "A" :
EXHIBIT "B" :
EXHIBIT "C" :
EXHIBIT "D" :
SCOPE OF SERVICES
BUDGET
INSURANCE
NONDISCRIMINATION COMPLIANCE FORM
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ii
CERTIFICATE OF ACKNOWLEDGMENT
(Civil .Code ~ 1i89)
STATE OF )
) SS.
COUNTY OF ~ )
On I~, ~OO2-- ,2002 before me, the undersigned, a
Notary Public ~9~d for said County and State, personally appeared
~ersonally known, to me~ (or proved to m on the basis of
satfsf~ctory evidence) to be the person~ whose name(~ is!ar~e
subscribed to the within instrument and acknowledged to me that
b~she/th~fy executed the same in h~her/t~eir authorized
capacity(i~), and that by h~/her/tb~iir signature(s~ on the
instrument the person(~, or the entity upon behalf of which the
person(~ acted, executed the instrument.
WITNESS my hand and official seal.
Signature of N~tary Publi~~c
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12
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code S 1189)
STATE OF )
COUNTY OF )
On ,2002 before me, the undersigned, a
Notary Public in and fo} said County and State, personally appeared
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s) is!are
subscribed to the within instrument and acknowledged to me that
he/she/they executedthe same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
~ignature of Notary Public
13
020612 lh 0091090
RESOLU;i’ION OF THE
BOARDS OF DIRECTORS OF THE
PALO ALTO HOUSING CORPORATION.
WHEREAS, the Palo Alto Housing Corporation (PAHC) has contract, ed with the City of Palo
Alto to administer the Below Market Rate Housing Program (BMR Program) since 1975; and
WHEREAS, PAHC intends to execute a contract to continue that service for the Fiscal Year
2002-2003; and
NOW, TIi-EREFORE, the Board ofDir.ectors of PAHC resolves as follows:
Any corporate officer, including the Executive Vice President/Executive Director in accordance
with PAHC Bylaws, may, without further resolution, and notwithstanding the categories
established by California Corporations Code Section 5214, execute the CONTRACT
BETWEEN THE CITY OF PALO ALTO AND THE PALO ALTO HOUSING
CORPORATION FOR BMR HOUSING PROGRAM ADMINISTRATIVE SERVICES.
Dated:
~ant
Palo Alto Housing Corporation
Certified to be a tree copy of the Resolution adopted by the Boards of Directors on June 12,
2002.
Paul Garrett
Secretary
Palo Alto Housing Corporation
EXHIBIT B,
BELOW MARKET RATE HOUSING PROGRAM
FISCAL YEAR 2002 - 2003
BUDGET
I. PAHC sha!lp,rovide the services described in Exhibit A - Scope of Services during the term of
this contract and City shall reimburse PAHC for the cost of said services based on actual stafftime
worked atthe attached hourly billing rates, plus direct costs described below, up to a maximum of
$75,000. The source of reimbursement to PAHC shall be from the City’s Residential Housing In-
Lieu Fund.
II. PAHC may bill City for the fo!lowing:
1. Staff time spent on B1V~ activities at the hourly billing rates shown herein. These hourly
billing rates include actual salaries, payroll taxes, benefits, workers .compensation insurance
and overhead, as shown in this Exhibit B.
2. Direct costs, as supported by receipts, invoices, etc., which are reasonable and necessary
to conduct the activities described in Exhibit A, such as:
Liability Insurance Premiums covering BMR pro~am activities, if cost is¯
s eparately stated, not to exceed $ ,15,000
¯Postage
¯Advertising
¯Conferences and Training
¯Office Supplies .
¯ Outside Services, Consultants including Legal Fees (except that any such services
or consultant work exceeding $3,000.00 shall be authorized in advance by C~ty)
¯Printin~drDuplicating
¯ Other necessary direct expenses including expenses necessary to the acquisition
and ! or rehabilitation of off-site units and properties provided by developers under
the B1VI~ program in-lieu of on-site units
H:\DOC\BM.RCON02.WPD
EXHIBIT B
PAGE 2
BILLING RATES
FY2002-03
FORM 410
Certification of Nondiscrimination: As suppliers of goods or services to the City of Palo
Alto, the firm and individuals listed below certify that they do not discriminate in
employment with regards to age, race, color, religion, sex, national origin, ancestry,
disability, or sexual preference; that they are in compliance with all Federal, State and local
directives and executive orders regarding nondiscrimination in employment.
Palo Alto Housing Corporation
Tide of Officer Signing:Executive Vice President
Signature:
Marlene H. Prendergast
H:\DOC\FORM410.WPD
ATTACHMENT B
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