HomeMy WebLinkAbout0363.000•
.. -~-..
-l'-} \ ,
~''''
F
_ ... ·oiii·~.5;.~_(.;f .. ·I:..'1;;;d .. ;_.;... ____ .~___., ' -..:. ---=~"-------------..,. ... ---------.. -----~-.. ' .... oo::
&1
I'; .'
-
~'
• 0
t ,. . ,."
> -".
June 14". 15190
HONORABLE CITY COUNCIL
Palo Alto, Calitornia
PALO ALTO HOUSING CORPORATION CONTRACT FOR 1990-91
Members of the council:
On Kay 21, 19510, the City Council approved the funding for the
199a-9~ community Development Block Grant (COBG) Program. The
Palo Alto Hoc .. ing COI'"pO'ration 'Was allocated $102_060 of CDBG
funds for administration for the 1990-31 fiscal year.
Mino~ changes have been made in the Scope o~ Services {Exhibit A
to the attached amendmentJ from the 1989-90 contract bet~een the
City and Housing corporaticn. Changes primarily reflect
completion of the california Park project (225) Park Boulevard)
and the reallocation of the administrative costs tor this project
to other development areas, including the proposed acquisition
and development of a new pa~cel for elderly and/or family housing
near page Mill Road and Ash Street.
RECOMMENDATION
Staff reoommends that the City Council adopt the attached
Amendment No. 1 to the agreement between the City and the Palo
Alto Housing Corporatio_n including Exhibit "'A· entitled ·19'9'0-
19'91 SCope of" Services· and Exhibit 'liB· enti.tled ·199Q-1991
Contract Budget·.
Respectfully sUb~itted"
'ffuzd tf:7~bd~y
KENNETH R. SCW E I BER
Director of Planning and
Community Environment
, ';~~
,..~.~ .. "" .'
\ '.'
1
Attacbments:
..
o o
Amendment No. 1 to cont~act 00005845 between the
city of Palo Alto and the Palo Alto Housing
Corporation for Housing Services
1989-1990 Agreement between City of Palo Alto and
Palo Alto Housing Corporation
oc: Sylvia Seman. Palo Alto Housing Corporation
Jane Baley, Administrator Human ServIces Division
JG/199 01 A/CMRPAlICC
CHR:36l:0
-----------.
. .
---------------, -" ----_.. _ .
.. -~ -
i ,
o
AMEIlDUIl'J' RO~ 1 ro COliTRACT 110. C00058C6:
BBTWEZJr TIIB CITr OF PALO lit'O ANI>
rIB PALO ALt'O BOOSIJrG CORPORATZOB
FOR BOU8IBG SERVICES
Piscal Year 1990-1'91
\
THIS AMENDMENT to Contract No. CO'OO5846 is made and
entered into this ______ day of ,. 1990. by and between
the CITY" OF PALO ALTO,. a municipal corporation of california.,
hereinafter referred to as ·CITY,· and the PALO ALTO HOUSING
CORPORATION, a nonprofit corporation (Taxpayer Identification
Number: 94-2262125}, ~ith offices at 540 cowper street, SUite S,
Palo Alto, CA, 94301, hereinafter referred to as MCONSULTANT-;
R Z C I 'I A L _B:
WHEREAS, contract No. COOOS846 'Was previously entered
into between CITY and CONSULTANT for tl'le provision of certain
housing services in the City for persons and families o,t low.
moderate and middle income: and
WHEREAS, both pgrties desire to renew said agreement for
an additional one-year t.ertl and to modify the sections set forth
beloW':
NOW.. THEREFORE, in consideration of their mutual
covenants. the parties hereto agree as follows:
SECTION 1. The following paragraphs of Contract No.
COO'OS.S46 are hereby amended to read as follows,. ..35 'Of July I .. 19"90:
a. Paragraph S (b} •
• (b) Com~J\sation"_ CITY" agrees to compensate
CONSULTANT for the full performance oC its services onder this
Agreement in a sum not to exceed One Hundred Two Thousand Sixty
Dollars ($l02 .. 060). Such sum is financed by Community Development
Block Grant (-CDBG-) Funds. Funds colD1litted under the C[lBG program
are cootingent upon CITY receivinq the intended appropri~tion from
the Federal Department ot Housing and Urban Developirtent.·
b. Paragraph 9.
-9.. Agreement Term, Tennination Q.f _____ S_~rvices __ ._ This
Agreement shall cover the services rendered by CONSULT~~ to CITY
commencing July I .. 1990 .. and it shall expire O!l June SrJ.. 15191,.
provided that CITY shall have the right to suspend or terminate any
or all of the services covered by this Agreement for any reason by
giving ten (10) days' written notice to CONSULTANT (said ten (10)
day period shall commence upon the deposit of said notice in the
United states ~ail 'With postage flJlly prepaid thereon and addressed
to CONSULTANT at the a'idress JI'Ientioned above) and upon full payment
fer all services act~ally rendered by CONSULTANT to the date of
1
• \.
\
•
•
1--.
'#-'~-
•
.-:
. "
.,'....,...
'. "
o o
such susp~nslon or termi.'lation. Upon teI"2l.il'lation as provided
above" nonetheless this .Agreement shall continue in full force and
effect as to each property acquired under the program until
CONSULTANT has discharged its obligations 'With respect to each
property under SUbsection 3(b] bereof~·
c~ Paragraph 16(e) •
• (e) With respect to CONSULTANT's use of COBG funds
unde~ this Agreement, as federal assurances CONSULTANT shall:
(1) Comply with the nondiscrimination
provision of putllic laW' 88-352 (Title VI of the Civil Rights Act of
1964)" and the fair housing provision of putllic laW' 90-284 {title
VIII of the Civil Rigbts Act of 1968) and Executive Order 11063 as
amended by Executive Order 12259 with respect to sale, lease or
transfer of land acquired, cleared or imp~oved with grant assis
tance.
(2} Comply with the provisions of Section 109
of the Act which prohibit discrimination.
(3) Comply with tbe Davis-Bacon Federal Labor
Standards prov~s~on with respect to all construction contracts in
e~cess of Two Thousand Dollars ($2~O~OJ.
(4) Comply with the requirement of the Flood
Disaster Protection Act of 1913 and the National Flood Insurance
Act of 1968 applicable to acquisition ~r construction projects.
{5) Comply with the relocation and displace
ment requirement.s of the Unifo,r.a Relocation Assistance and Real
Property Acquisition Policies Act of 1970.
(6) Com-ply with provisions of Executive Order
11246 as amended by Executive Order 12086 .on equal emploYltlent
opportunities and affirmative action relative to employees and
applicants and nonexempt contracts and subcontracts.
(7) Comply with 24. CFR Part 35 of
regulations prohibiting the use of lead-based paint
construction or rehabilitation of residential structures.
the HUD
in the
(B) CO·Inply with the provisions of 24. CFR 24
~hich prohibit the utilization of debarrea, suspended, o~ ineligi
hIe contractors or sub recipients.
(9) Comply with the uniform administrative
requirements and cost principles of 24: CFR Part B5 and OMS
circulars A-a7, A-llO .. A-122 and A-12B as they relate to tbe
acceptance and use of federal funds by nonprofit organizations.
(10) Comply with tbe requirements of 2( CFR
85.36 and OMB Circular A-I10 with respect to conflict of interest.
2
tine
-
o
(11) Comply ~ith the provisions of the Hatch
Act ~hich prohibit the use of tederal funds for lobbying activi
ties.
(12) Comply with Section 319 of public law 101-
121~ the Department of the Interior Appropriation Act (the -Act-),
whicb generally prohibits recipients of federal contracts, grants
and loans from using appropriated funds for lobbying the executive
or the legislative branches of the federal qoverrunent in connection
with a specific contract, qrant or loan. In compliance with the
Act, CONSULTANT certifies.,. t.o the best of its knowledge and belief ..
that:
Ca) No Federal appropriated funds have
been paid or will be paid, by or on behalf of CONSULTANX, to any
person for influencinq or attempting to influence an officer or
employee of any agency,. a Member of Congre5S., an officer or
employee of Congress, or an employee of a Member of congress in
connection with the awarding of any Federal contract .. the makiIl9 of
any Federal grant, the making of any Federal loan .. the entering
into of any cooperative agreement .. and the ektension .. continuation ..
renewal, amendment .. or modification of any Federal contract, -grant ..
loan, or cooperative agreement: and
(b) If any funds other than Federal
appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee Qf
any agency, a Member of Congress.. an officer .or employee of
Congress, or an employee of a Hewer of Congress in connection vith
this Federal contract.... grant.. loan or cooperative agreement"
CONSULTAN'l' shall complete and submit standard Form-LLL I -Disclosure
Form to Report Lobbying,-in a-eco·rdance with its instructions.-
SECTION 2. The following exhibits to Contract No.
CO{>OS.S46 are hereby amended as of July 1, 1990 by the exhibits
attached hereto and incorporated in full by this reference:
a. Exhibit -A-entitled -19:90-1991 Scope of Services-..
b. Exhibit -B-entitled -1990-1991 Contract Budget-..
SECTION 3. Except as herein
provisions of and exhibits and amendments
remain in fall force and effect.
3
mooified... all other
to said agreement shall
•
-;:.
! ,
• ~-,
~ ,. r -,
t
( ,
t , ,
f
f
r
,
]
,
i
""-.... \..
I
-
f
o o
IN W1TNESS WHEREOF _ the part.ies hereto have executed this
Amendment the day and year first above ~ritten.
ATTEST:
.~~~--,---,
City Clerk
APPROVED AS TO FORK:
CITY OF PALO ALTO
Mayor
PALO ALTO HOUSING
CORPORATION
"
Asst. city Attorney
By /.1, ".(' \ (.' -!~, .. ,'( ",' ,_ : "',! •. < I . /-~
APPROVED:
Assistant City Manager
Director or Finance
APPROVE [) AS TO CONTBNT:
Director of Planning and
community Environment
Human Services Administrator
Attachments: Exhibit -A-:
Exhibit -B-:-
kk6/11/90bdc
"
Its: _ 't-';c.:'. I'~:.f ~'/I~" c.l .. -: '
Taxpayer Identification No.
94-2262125
Scope of services
Contract Budget
, .
',':.
I
-
I.
·. -
o •... ~
UH!BIT 'I.'
PAlQ ALTO HOUSING CORPORATION
1990-1991 SCOPE OF ~~VJCES
\
CONSUlTANT s~all foster and develop decent, safe and afforrlab1e hOwslng
benefitting Tow and mod~rate income families, ser.iors and the disabled j~
Pilla Alto 1:1 hlfillment of the I'lational objectives under the CorrmunH)'
De'olelopment Bl.ock Grant {CDBG) Program. To fulfill slJch objectives,
CONSUtTA"T s~a'l perform tne followlng services:
S£ECfAl ACTlllTIES
A.
B.
c.
D.
E.
Project Oev~lo~e~t -Page ~ill/Asn site Time [stimate: 40%
I. Pursue pur,hase and site development options~ if approp~iite
3. Prepare fi~ancial forecasting and feasibility reports for affordable
famil, rental hous,ng and/or ~enior ho~sing
4. Coordil'tate pre~project development acthities. includirlg. but not
limited t." site ~larming. fir.anci"ng opU-on:;? e.nv1rcnmental
issessrne~ts, project approvals from permitting agencies~
archltectural draw~ngs, etc.
Pre-housing Oe~~1opment Time £stimate: 15%
1. Sta.y ll'lformed of markH developments, and pursue any sites. \IInie" "ave
development potential as mu1ti·familJ affordable housing.
Rent~l Housing Acqulsition Program (RHAPJ lime Estimate: 10%
I. StiY i~formed of ~arKet d€velopme~t5, and pursue tne acquisitfo~ of
existing housing units uroder the Rental flouslng AcquisHion f'rogram ..
Project Management Time Estimate: 20%
L Continue management superillsion and referral of 220 units at Colorado
Park Apartll1ents~ Webster Wood Apartments, and Terr.;iln A,DartmentL
2. Continue direct management of 49 e.(isting RHAP units and <'5 units
at Califormii Park.
3. AdlUil:llster t~e rental or sale of rOBG eligible 8e10w Market Rate
(BMRJ units as vacancfes dictate.
Planning and AdrnillstratioD
L Continue wOf"ling with the Human Relatfons Commfssion~ City staff and
the Urb3.rl ... i&istr .... to retill'1 the supplj of Single Roofll Occupancy
(S~OJ housing and to explore the creation of a shelter .. transiUooal
"housing ana-permanent housing fo·r the flOmeless and neat homeless.
2. Assist Cit] staff .. Planning (ommfssion and City Council irl the
•
., -:.)
;~.
~ ,
!: ,
5
~, ; •.
l ;:-.. -r ~
t
I
r
t
. ..
II.
-}, ,
",' ,-I,",
~:-' '.;~~·i; t%~:,:~,-:~:':f,:' ·.
.
-~-------~-
o o
following ire~s'
I. [~a1~ation and up·dati~9 of the Housing (le~~t
b. r~plementatjon and eval~atfon of existing CitI housing
programs for low income residents and de\lelopment of new
programs
c. haluat10n of other develo;ler''.i. proposals. fo\'" affordibh.
holJsing
d. Evaluation of c~anging conditions im the communit1 that
could resu1t in new housi~g policfes and pro9rams
e. Ewa1uate a.nd respond tlJ :.ous;ng legislaUon. fUl;\ding
and financing sources. and lIew prograllis on Flational.
state. regional and local 1evels.
CO~SutTA..~T s"a11 a~sist the City hl. delleloping moderate income housing
t~roug~ the Below ~ar,.et Rate Program (BMR) ~hich is nuts ide tne scope ~f
the CD8G acti~ltles and funding. Such actlyitles shall include sales and
resales of all of the CitJ's BMR 'Units and units sold at lower Ulan market
prices at Birc~ Court.
i.· ,-'"
. '
[XHlliT 'I'
PALG ALTQ HOUSING CORPORATION
low and "oder~te rncome Rouslng Proje~ts arrd Serv)ces
Qf~RIPTlOH
Employee Serv;c~s
ProfessIonal Services
Technical Services
S'Jpplfes.
Cdpital [quipme~t
General E)(pe~5e
1990-1991 CONTRACT BUOG£T
.
"
T~tal Organization
Orqanlzatron B~~~
1155,730
S,250
3,780
3,680
24,B50
34,2~0
$22B.53<l
City of Palo Alto
Contract Budget
CD8li~n§~
S 75,222
2,645
i,750
1,545
o
20, Ie!
IIDI,06()
•
"', "',. j
,,-.
~.
".
:
o
AGRI!ZMINT
B!T1IEEN fiE c~n OF PALO ALTO AJlD
ftZ JlALO AL'rO HOUSING CORPORATION
(Un-U'O)
~~s AGREEMENT is ~ade and entered into this ~ day
of ~ It 1989 ... by and: bet\ieen the CITY-OF PALO ALTO,. a
lIunhlp alOrporation of California., hereinafter referred to as
·CITy ... • and the PALO ALTO HOUSING CORPORATION., a nonprofit corpo
ration under the laws of the State of Cali~ornia vitb offices at
540 Cowper Street, Suite G, Palo Alto, California 94301, herein
after referred to as ·CONSULTANT-;
, X , •• 8 8 E , H:
WHEREAS... CITY' desires to retain services relative to
housing in the City of Palo Alto for persons and families of low,
moderate and Diddle income; and
. WHEREAS... CITY desires to engage CONSULTANT to provide
these services by reason of its qualifications aDd experience for
pertonLing such services, and CONSULTANT has offered to provide the
required services on the terms and in the ~anner set forth herein;
NOW, THERE~RE, in consideratIon of their mutual cove
nants, the parties hereto agree as follows:
1. DE1I5ITIONS.
Cal The word -City" as used in this Agr.e-el7lent shall
mean and include all the territory lying within tbe municipal boun
daries of the city of Palo Alto, CalIfornia, as presently Ey.isting,
plus all territory -whicb :may be added thereto during: the tent of
this Agreement by annexation or otherwise.
(b) The term ·City council-shall mean the duly
elected or appointed members of the council of the city of Palo
Alto .. California .. acting pursuant to the provisions of the. Palo
Alto Municipal Code and the charter of the city of Palo Alto.
appointed City
his designated
appointed City
her designated
./
(e} The tena IICity Manager-shall lr1ean the duly
Manager of the City of Palo Alto, California, or
representatIve.
Cd) The term ~City Attorney· shall mean the dQly
Attorney of the City of Palo Alto~ California, or
representative ..
1
•
\
;
, ~.
c:-~.
".:-"·-~ic:. ,
. .
, .
o o
(e.) The tera ·City Clerk-shall Slean the d,uly
appointed City ~lerk of the City of Palo Alto, California. or her
designated representatlve~
(f) The te:na ·City .Risk Manager-shall IDE-an the
duly appointed Risk Manager of the city of Palo Alto~ California,
or bis designated representative.
(9) The term ~City Director of Finance-shall ~ean
the duly appointed Director of Finance of the City of Palo Alto,
California, or her designated representative.
(b) The term -city Auditor-shall )Dean the duly
appointed city Auditor of the city of Palo Alto, California ... or his
designated representative.
2'.. PROJECT cooRPIJrllt.TIOJl ..
(a) ~. !'he City Manager shall be representatIve
of CIT~ for all purposes under this ~greement. The Director of
Planning and Community Environment is designated as the PROJECT
MANAGER for the City Manager. and be shall supervise the progress
and execution of this Agreement. including the establishment of
work priorities in coll~boration with CONSULTANT.
(b) consu]tant~ CONSULTANT shall assign a single
PROJECT DI~~R to bave overall responsibility for the progress
and execution of this Agreement for CONSULTANT~ The President of
CONSULTANT corporation here.by is designated as tbe PROJECT DIRECTOR
for CONSULTANT ..
ee) Access. CONSOLTANT shall provide the PROJEC'l'
MANAGER and others specifically requested by the PROJECT MANAGER
with free and easy access to all facilities and activities of the
proqrams~ hereinafter described. The PROJECT MANAGER and others
specifically requested by the PROJ'EC'l' MANAGER shall coordinate su-ch
access with CONSULTANT ..
3. [)Q'lIES Qr 9ONSUL'fAN'f ..
(a) Scope of Services. CONSULTANT shall specify
services to be provided during the p~oqraD year in the document
entitled -Program Year Scope of Services· attached hereto as Exhi
bit ·A-and incorporated herein by reference.. These specified
services sball be within the scope of the following general duties
of CONSULTANT:
(1) Investigate and develop special low and
aoderate income housing project and prog~am proposals for CITY
consideration~ inCluding but not limited to housing rehabilitation ~
2
.. "" ........ ----":""---" --., . L
-
. , •
" .'
i: '.
~
l , . ,-
• -
,
,
J t ;>.
I • ~ ''!!. .
. :.-;:,~.:
I
I
'.
o
state and federally funded programs, landbanking, and ~ther local
programs for bousing.
(2) SP<-ol'l.sor the implementation" management
and/or operation of special low and ~oderate ineom~ housing pro
jects and proqrams" the Below-Market-Rate program" and the Rental
Housing Acquisition Program.
(3) Provide technIcal assistance to CITY on
qeneral planning for housing, including -membership on selected
planning committees and task forces, and review of policies and
quidelines tor implementatIon of CITY's housi~ programs.
housing projects
feasibility.
(4)
and
Review proposed loW' and moderate inco~e
proposals for ~anagement and financi~l
(5) Periodically reviey and report on quality
of management and mai~t~nance of low and moderate incom~ housin9
projects and programs I includinq the period of initial rent-up.
(6) Respond to requests for housIn9
information~
(7) Conduct onqoing public ed·ucation and
communication activities with the community" including periodic
public meetings on matters related to low and moderate income
housing plans and projects.
{e} Administer the buyer selection pcocc:ss for
non-federally subsidIzed znoderate income housing in cooperation
vith CITY.
(b) Rental Reusing Acquisition Program Consultant.
CONSULTANT shall develop. implement. and operate a Rental Housing
Acquisition Program (-Program-). Said Program shall have as its
primary objectIve the development of a viable urban community by
providing decent housing and a suitable living ~nvironment
principally for persons of low and moderate income. The Program
shall be subject to the following terms and condi~ions:
(1] In the disposition of federal Com.rnunity
oevelopment Block Grant (·COBG-l funds for the Program. the
requirements of the Federal H~sin9 and Community Development Act
of 19'17" the Federal Uniform. Relocation Assistance and Real
PropeTty Acquisition Policies Act of 1970 ,-Onifora Act-), and the
appropriate federal r~les and regulations issued ~rsuant to tbese
laws, as they may be amended. are incorporated berein by reference,
and CONSULTANT is responsible for compliance th-arewith to the
extent that such requirements apply to CONSULTANT. In this regard,
,w ..... ' ,"' --:C.' ~"I--:
~ '.
--
~. -,
l r
,
f
~, ~-: , , . r
f
~
~
[
~
-~
~"
,
, ".;
i
I
.""
j ,
.1
-
o o
the parties note that federal Department of Housing and Urban
Development ,-lID'D-) CPt) Notice 78-29 (October 12, 1978j states that
the Unifora Act and HUD implementing regulations currently do not
apply to any real property acquisition or to any displacement that
results from the acquisition of a COBG activity that is carried out
by a private entity such as CONS~LTANT.
(2) In or~er to operate the Proqram, CONSUL
TANT shall ~pply to CIT~ for CDBG funds allocated to the Program,
or for CITY'S Housi~ Reserve Fund money, by submitting to the CITY
MANAGER, for each property to be acquired, a profcna financing
statement, a purchase contract, a copy of the appraisal, a copy of
the preliminary title report, any additional documents or in!o~a
tion required by the CITY MANAGER or his desisnee, and any and all
not.ices and <!eten Jlations requirecl by applicable la ..... or
regula tion ~ , ,
(l) "rhe CITY MANAGER or a designee shall
review the material &ubmitted by CONSULTANT~ shall use every effort
to approve or disapprove the submission within five (5J working
days but in any event shall approve or disapprove the submission
~ithin fifteen {15) working days at the latest. Approval of the
submission 't;y the CiTY MANAGER or a designee shall constitute
approval by the CITY, and the CITY MANAGER or a designee shall be
authorized thereby to execute all appropriate escrow instructions
and other documents and to release the requested funds, on execu
tion and delivery of a promissory note and deed of trust as pro
vided in subsection (5) hereof, from the a~Iopriate CDBG funds or
Housing Reserve Fund for the Program, as applicable. Approval of
the requested funds sball be with1:leld only upon a determination
that (i, there has been~ or may be, a violation of any applicable
law or reg,ulations; (ii) there are, or JIIay be,. deficiencies in
title that may be adverse to t.he proposed use; or (iii) the
information submitted by CONSULTANT is substantially inaccurate or
incomplete, or it appears that t.he prope:t.·ty to be acguired Jrlay
operate at a loss~
(4) If there is a~ increase 9reater than five
percent (5i) in debt service reqllirements,. then any approval of the
CITY already obtained shall be void and of no force or effect, and
CONSULTANT shall resubmit the material for review and approval in
accordance with the proced·ures specified in Subsection J to) (l)
hereof a
(5) At the close of escr~ on the purchase of
a particular property approved for funding by the CITY, CONSULTANT
shall execute and deliver to CITY a promissory note secured by a
deed of trust junior to the primary financinq, in the usual form
being used in the County of Santa Clara~ California, at that time~
and acceptable to the CITY ATTOR~EY, ~hich shall:
•
•
, '
i
j.
I
I ,
:
. ,
(i) Be payable to the order of CITY in
a sum equal to the COSG or Housing Reserve Fund ~oney. as appli
cable. released to CONSULTANT for the purchase with interest from
t.he close of escrow on unpaid principal ~t the rate of threl!
percent (3\] per annum; should interest not be paid annually. it
shall thereafter bear like interest as the principal, but the debt
shall not thereby be accelerated and such unpaid interest so
compounded shall not exceed an amount equal to siEple interest on
the unpaid principal at the maximum rate permitted by law;
(ii) Provide that any payments made by
CONSULTANT prior to maturity of the note shall be applied first to
the paYlDent of interest on the then remaining unpaid principal
balance of such note. and then to reduction of such unpaid prin
cipal balaZY.::e;
(iii) Provide that the unpaid balance of
principal and interest shall bE: due and. payable upon the sale. con
veyance, exchange. transfer. or other disposition of the property
unless the written consent of the CITY to an extension of assump
tion of the indebtedness. evidenced by a resoluti~n of the CITY
COUNCIL. is first obtained:
(iv) Reserve the right to CONSULTANT to
discharge its Obligations to CITY under the agreement with respect
to the use of the property u·nder the Program by prepaying the
entire u·npaid principal and interest at any time prior to maturity;
provided, however, if CONSVLTANT discharges its obligations within
tbe first five (5) yedrs after acquiring such property, CONSULTJL~T
must first pay to CITY an additional sum equal to six percent (6\)
per annum of the amount of the original principal amount solely as
consideration tor release of CONSULTANT's obligations:
(v) Provide that CONSULTANT ~ssumes no
personal liability for the payment of the note and that CITY' agrees
to look solely to the security of the dee~ of trust for payment
thareof; and
(vi) ProvIde for subordination of the
promissory note and deed of trust to ot.ber encumbrances upon the
property with the prior written co~sent of the CITY M}~AGER and
the approval of the CITY ATTORNEY. and subject to such te~s and
conditions as they may deem advisable.
(6) CONSULTANT shall keep adequate end accu
rate records and accounts of all transactions under the Program in
accordance with generally accf'!pted accounting principles. including
qross income. operatl~ expenses 4 d~bt service, and reserves for
replacements for each p:r~erty acquired. Said records and accounts
s
-C;;L" -
-
\
•
i-
,
\
---\
\~
\
. i. ~ \
.''',
-.~ ,
;
-I
,I
1
1
ikit ; r'--
-
•
~ -~-> . --~~-
, ___ ~ __ ._........i"'"_~ __ ..... ~ ~~'"'-____ ""~ ,~.,,,,;~'" ~~_"·'.:'a:~1is:Jl[§ 43 Sill JIk
'--.
o o
shall be available tor inspection and copying dLlrinq notlbal working
hou rs by CITl( and 1I1J[).
(1) Immediately upon purchase of any property
he~eunderr CONSULTANT shall file. or cause to be filed l for record
ift the Office of the Recorder of the County of Santa Clara a re
quest for a copy of any notice of default or of any notice of sale
under any deed of trust or mortgage ~ith power of sale encumbering
any property acquired under the Program.. pursuant to Section
2924(b) of the Civil Code of the state of California. or successor
statute. such request shall specify that any such notice sball be
.. ailed to both tile CITl( A'M'ORNEY and the REAL PROPERTY ADMINIS
TRATOR. City of Palo Alto,. 250 Hamilton Avenue.. Palo Alto" CA
94301.
(8) For each property acquired under,. and
subject tOI the Proqram l CONSULTANT shall keep on file with the
CIT~ CLERK at all times proof ot maintenance of adequate insurance
satisfactory to the CITY RISK MANAGER.
(9) In the event a property acquired under,.
and subject tOI the Proqram l or lzprovements thereto l are damaged
or dest.royed .. the amou,nt collected by CONSULTANT under any fire .or
other insurance policy or pursuant to any claim in compensation for
the damaqe or destruction shall be applied first to repair or
replace the property so dazaaged or destroyed unless to do so 'Woold
not be the best action to meet the Objectives of the Program.
In all other events and subject t.o any contrary
provl.Sl..on of .federal law .. Ca) any such amounts specified above no,t
used for repair or replacement.. (b) net proceeds fr~ tbe resale
.of any property under the Program as to 'Which CONSULTANT shall not
have previously discharged its obligations in accordance yith Sec
tion l(b)(5)liv) bereof. or (e) net proceeds paid by CONSULTk~T to
CITY in accordance with Subsection 3 (b) (5) bereo.f. shall be applied
as follows:
(1) First to purchase other properties
under the Program if such Program still exists:
(il) Next to CITY's CDBG qeneral account
if such account still exists, ¢r next to CITY'S In-Lieu Housing
Account within the Hoosing Reserve Fund if such accou.nt still
exists,. in accordance with the original source of the ~oney; and
(iii) Finally to CITY's General Fund to
be use~ as CITY sees tit.
For the purpose of this paragraph .. "llet pro
ceeds· shall mean any proceeds remaining after senior encumbrances
6
L _, __ ' .. ___ -,_. , __ • ,.4.
, ,
'-
~~~
,-
.;"
, "'.
, ,
, '
•
f.
\
.. ~!~.
h'ik"<,,~,;,,,'Jz" " ... , ~~,>~.~_,,=._.c" ,~.....: ~ ~ .. _ ... n~i.""";"k, ... ,oIt_std±"
o C)
and customary and reasonable costs of sale have been paid# includ
ing such costs as appraisal fees~ title and escrow tees. ~rokerst
commissions. transfer fees. and attorneys' fees involve~ in any
sale of property covered by the Program. CONSULTANr shall provide
". CITY with copies of all resale documents at the earliest possible t
time.
4. BOARD MEMBERSHYP_
<a) CONSULTANT shall make its best efforts to bave
at least one «1) 3lember of its board be a resident of a public sub
sidized lov/moderate income bousinq project located in the City of
Palo Alto and at least one (1) additional member of the board to
be a Palo Alto residential tenant.
(b) Not more than twenty-five (25) percent of the
persons serving on the governing board of CONSULTANT may be inter
ested persons. -Interested: Persons· means any person currently
being compensated by the CONSULTANT for services rendered to it
whether as a full or part-time employee, independent consultant,
or otherwise, but excluding any reasonable compensation paid to a
director as director~
s ~ FiSCAL RESPONSIBILITIES r .R,ECORDS« UPOITS« AND
AlmiTS.
(a) fiscal Responsibilities.
(i) Fiscal Aqent.~ CONSULT.~T shall appoint
ill fiscal agent 'Who sball be responsible for the financial and
accounting activities of CONSULTANT, including the receipt of
disbursement of CONSULTANT funds.
(ii) Trea.surer. CONSULTANT shall a~-oint from
its Board ill treasurer who no less than monthly shall reviev and by
signature approve all receipts, disbursements, and bank account
balances.
(iii) System of Accounts. CONSULTANT and its
fiscal agent shall establish and maintain a system of accounts that
shall be in conformance . ..-ith generally accepted prinCiples of
accounting for budgeted fynds. Sucb system of accounts shall be
subject to tbe reviev and approval of the CITY DIRECTOR OF FINANCE
and/or CITY AODITOR,
(b) Records~ CONSULTANT shall maintain records,
including but not limited to books, financial records, suppo~tin9
documents. statistical records. pers~iel, real and personal
property, and all otber pertinent records sufficient to reflect
properly (i) all direct and indirect cost of wbatever nature
1
,
'I 1._ .••. ~ ,
1 a ,
" 1
-
o o
claimed to have been incurred and anticipated to perform this
Agreement l and (til all other ~atters covered by this A9ree~ent~
CONSULTANT shalJ preserve and make available its records until the
expiration of three (J) years rrom the date of final payment under
this A9reement ..
(el Reports. CONSULTANT shall provide CIT~ semi
annual activity reports on the fifteenth (15th) day after the close
of each six-month period .. coverir.g the preceding half-year and su-ch
other infor.metion as the PROJECT MANAGER may request. The final
seDi-ann·ual report. shall cover not only the p.recedinq six months
but also the entire year. CONSULTANT shall also provide CI"rY other
reports from time to time as directed by CITY"s PROJECT MANAGER
setting forth CONSOLTANTts findings and conclusions. Min~t~s of
CONSULTANT's board ~eetings shall be dist~ibuted to all members of
the CITY COUNCIL througb tbe CITY CLERK.
(d} ~. CONSULTANT shall provide for an inde
pendent audit o~ its transactions" records, and financial report.
The Audit shall be completed at least every two (2) years .. starting
August 31, 1989. The audit shall be conductecl tly a certified
public accountant (the ·CPA-) in conformance with qenerally
acce~ed accounting principles. Audit reports shall be submitted
by the CPA to both parties. Tbe cost of such aodits shall be borne
by the COtlSOLTANT.
6. RELEASE 07 IlEPORTS AND IHFORMATION. J..ny reports"
information" data" or other Ilaterial .given to .. or prepared or
assembled by. CONSULTANT or its subconsultants .. if any .. under this
Agreement shall be the property of CITY' and shall not. be made
available to any individual or organization by CONSULTAN'r or its
6uboonsultants" if any. without the prior written approval of the
PROJECT MANAGER. In the event of termination.. CONSULTANT shall
9'lve t.o CIT.. immediately one (1) copy of any and all studies ..
sketches. draYings" ~omputations, and other data~ whether or not
comple:t:ed" prepare" ir. connection with this l.gr-eell1ent" ","hiei'l shall
become the permanent prl)perty of CITY ..
,. DUTIES OF CI~X. CIT~ shall furnish OCSSULTANT vith
all readily available background information and data relevant to
tbe City of Palo Alto,
8~ BOOGE~; COMPENSATION.
(I'll Budget. CONSULTANT's budget. for the term of
this Agreement is attached hereto as Exhibit ·B~ and incorporated
herein by r-e~erenc:e. Expenditures by CONSULTANT {or services
hereunder shall substantially conform to said budget unlli!ss the
prior written approval of the PROJECT MANAGER is obtained. The
8
c
•
-,
. ,
•
~
<~~-::
I
-.,~-i
\ I
,
, ~",t<;\
-
o
budget must be developed in accordance vith the 5chedules~ pro
cesses and format established by CITY staff.
(b) CompensatiQD~ CITY agrees to compensate CON
SULTANT for the full performance of its services under this Agree
ment In a sum not to exceed Ninety Seven Thousand 'IVo Hundred
Dollars ('$91.20,0. GO) • Such sum is financed by CO-BG Funds.
(el Payments by CITy. On the billing fora provided
by CITY. CONSULTANT shall submit a bill by the fifth (5th] working
day of each lbonth for services ~r-ovidec1 under this Aqree-ment during
tbe preceding month. The bill shall specify actual expenditures
directly related to this Agreement in accordance with Exhibit -B.
CITY" shall pay CONSULTANT within fifteen {IS} 'Working oays of
receipt of each bill.
9. AGREEMEN'l' TERM'r TERMINATION or SEllVICES. This Agree
ment scalI cover t.he services rendered by CONSULTANT to CIT"!
commencing July 16 1989 6 and it shall expire on June 30. 1990. pro
vided that CIT"! shall bave the right to suspend or terminate any
or all of the services coverelS by this Agreement for any reason by
qivlnq ten (10) days' vritten notice to CONSULTANT (said ten (10)
day period shall commence upon the deposit of said notice in tl'le
united states mail \lith postage fully prepaid thereon and addressed
to CONSULTANT at t.he address mentIoned above) and upon full paYlltent
for all services actually rendered by CONSULTANT to the date of
such suspension or termination. Upon termination as provided
above, nonetheless this Aqreement shall continue in full force and
effect as to each property acquired under the Program until CONSUL
TANT has discharged its obligations with res~ect to each property
under Subsection 3(b) hereof.
10. NONASSrGNABILlrY.
This Agreement is o['le for personal s~rvices and
cannot be transferred or assigned in whole or in part by either
~rty without the prior written consent of the other party.
11. INTERESt OF CONSOLTANT.
CONSULTANT covenants that it presently bas no
interest and shall not acquire any interest. direct ~r ir~irect.
financial or otherwise. which would contl ict in any manner .or
degree with the performance of the services hereunder.. CONSULTANT
further covenants that, in tbe performance of this Agreement. no
subcontractor or person having !Such interest shall be enplol'ed.
CONSULTANT certifies tbat no one who has or will have any financial
interest u·nder t.his Agreement is an ot.ficer or employee of CITV ..
CONSULTANT further covenants that any conflict of interest regu
lations enacted by CIT"! in the future for the procedures and
9
I
r
I ,
f
t
,
I , ,
..,.....
..
o o
operations of CITY itself shall be b1ndirl9 in substance upon
CONSULTANT also and shal~ cover the proeed·ures and operations of
CONSULTANT. although S7.1d regulations may not specifically refer
t.o CONSULTANT.. It is expressly agreed that, in the performance of
the services hereu~er. CONSULTANT shall at all times be deemed an
independent CONSULTANT and not an Agent or employee of CITYa
12. NONDIscRIMINAtION. No discrimination shall be made
in the employment of persons ~nder this Agreement because of the
race. color, national origin, ancestry, religion or sex of such
person. Siailarly. no person shall be subject to discrimination
under any part of the services provided by CONSULTANT under this
Agreement on the. basis of the race, color, national origin,
ancestry, sex ~r religion of such person. If the value of this
Aqreement is., or may be .. Five Thousand Dollars ($5,.0·0,0) or more ...
CONSULTANT agrees to meet all requirements of the PAMC pertaining
to non-discrimination in employment and to complete and submit the
·compliance Report--Nondiscrimination Provisions of City of P~lo
Alto Contracts-on the form furnished by CITYa
CONSULTANT agrees that each agreement for services
from independent providers shall contain a provision substantially
as follows:
·PROVIOER. shall provide l.."ONSULTANT with a cer
tificate stating that he {or she} is currently in compli
ance with all Federal and State of California lavs cover
inq noncliscrimination in employment ~ tbat be {or sbe)
will PQrsue an affirmative course of action as required
by the Affirmative Action Guidelines of the City of Palo
Alto; and that he (or sbe) will not discriminate in the
employment of any person under this contract because of
race, color, n~tional origin, ancestry., sex or religion
o£ sucb person .. •
If CONSULT1o.NT is found in violation of the nondiscrimina
tion provisions of the state of California Fair Employment Prac
tices Act or similar provisions of federal 1a.., or executive order
in the performance of this Agreement, it shall thereby be found in
material breach of thIs Agreement. Thereupon. CITY shall bave the
power to cancel or suspend this Agreement, in whole or in part, or
to deduct from the amount payable to CONSULTANT the sum of Twenty
Five. Dollars ($25) for eacb person tor each calendar day d\uing
which such person was discriminated against, as damages tor said
breach of contract, or both. Only a finding of the State of
California Fair Employment Practices Commission Gr the equivalent
federal agency or officer shall constitute evidence of a violation
of contract under this paragraph.
10
.. ,
•
. ,
,.
I
t
I
:\
-~
\
\
\
\ \-
I
"
•
-
()
If CONSULTANT is found in violation of the nondis
crimination provisions of this Agreement or the applicable affirm
ative action guidelines pertaining to this Agreement J CONSULTANT
shall be found in material breach of this Agreement. Thereupon~
CITY shall have the power to cancel or suspend this Agreement, in
whole or in pa~tl or to deduct from the amcunt payable to CONSUL
TANT the sum of TWo Hundred Fifty Dollars {$2S0} for each calendar
day during wbich CONSULTANT is found to have been in such noncom
pliance as damaqes for said breach of contract, or both.
13.. IJlSlJRAJICE; BOLD KARHL,JSS.. CONSULTANT hereby agrees
to indemnify, defend and hold harmless CITr, its officers, agents
and employees, from any and all demands, liability, damage, loss,
claims, or actions, incloding costs and attorneys fees~ ariSing out
of this Aqreement except that ~hich results from the sole negli
qence of CITY~ its officers~ aqents. cr ~mployees. CONSOLTANT~ at
its sole cost and €.-·.pense ... shall obtain and maintain,. in full force
and effect throughout the entire term of this Agreement, the insur
ance coveraqe described in Exhibit ·C·, attached hereto and incor
porated herein by reference~ insuring not only CONSULTANT and its
sUboontractors~ if anl~ but also ... with the exception of workers·
compensation and employer's liability insurance. CITV~ its offi
cers~ agents and employee.s.,. and each of them -with respect to
activities and services performed by CONSULTANT for or on behalf
of CIT~ under the proviSions of this Agreement~
Certificates of such insurance.,. preferably on the
forms provided by CITY ... shall be filed with CITY concurrently with
the execution of this Agreement or~ ~itn CITY's approval,. within
ten (10) working days thereafter. Said certificates shall be sub
ject to the approval of the CIT~ RISK MANAGER and shall contain an
endorsement stating t.hat saieS insura.nce is primary coverage and
viII not be cancelled or altered by the insurer except. after fil in<3
with the CITY CI..£RX thirty (30) days1 written notice of such can
cellation or alteration. and that th~ City of Palo Alto is named
as an additional insured. ~Jrrent certificates of such insur~nce
shall be kept on file at all times during the ten;: of this AgI·~e
ment ~ith the CITY CLERK.
14. _ORIERS· CQHPENSATION. CONSULTANT JI by executing
this Agreement cert.ifies that it is a~are of t.he 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 t.hat it will comply with such provision~ before
commencinq the performance of the ~ork of this Agreement.
15. PEFENSE AND XRQEKHl%!. Notwithstanding any other
p~ovision of this Agreement ... in the event that one or more members
of the Board of Directors or of the officers or staff of CONSULTANT
11
• :or -<-~:-,
:-.
~ t ,
\~~---.
•
.--
,
I
o
are na.med in any suit or other legal proceeding a'l'lS1nq out of
their activities or the ectivitles cf CONSULTANT with respect to
the low/moderate income housing projects developed by CONSULTANT,
the -Below Market Rate-prograD. or the Rental Housing Acquisition
Program. but not otherwise, except where CITY is plaintiff, and
defense is not providedi by an insura1\Cl~ carrier or carriers., or
othel."Wise, of CONSULTANT ... CITY .. or any other party, CITY agrees to
conduct or provide such defense up to a .aximum aggregate cost of
~e Hundred Thousand Dollars ($lOO,~O) per occurrence, including
expenses for attorneys, consultants, expert 'Witnesses .. court costs,
court reporters, and other items related to said defense. In the
event that a final judgment is rendered against anyone or more of
s3id directors, officers~ or staff, ClTY agrees to indemnify said
directors... officers, or staff 'Up to sa.ieS One Hundreei Thousand
COllars ($100,000) in the aggregate per occurrence, less such costs
of defense as may have been incurred. The Obliqations of CITY
hereunder are applicable only to the extent 'that -defense and/or
indemnity are not provided by an insurance carrier or carriers,
whether of CONSULTANT or CITY, a~ are 1 illited to be those in
excess of tbe defense or indemnity Obligations ot said carriers,
and not otherwise. CITY·s Obligations hereunder do not e~tend to
any criminal prosecutions or ii!lllega'tions based u·pon any other
theory or cause ot action for which CITY woold not be obligated to,
and would not customarily, defend and/or indemnify if the defendant
or defendants were regular CITV employees. Nothing herein shall
be deemed to lillit the rigbt of CITY to proceed against CONSULTANT,
its directors, officers., agents~ or employees, or against any other
party or entity on any theory, except that CITY shall r~t have the
rigbt to proceed: against CONSULTANT, its directors, officers,
agents or employees, 'With respect to negligence. :malpractice.
errors, and omissions. CITY's Obligations bereunder shall not,
under any cirCUDstances~ exceed the aggregate sum of $:OO~OOO per
occurrence, regardless of the nu~r Of claims~ suits~ legal pro
ceedings., or number of directors, officers, agents, or employees
involved. CITY may settle or compro2ise any clai.~ suit or legal
proceeding 'Within the li.its of CITY·s obligations hereunder, on
behalf of any defe~ant or defendants to which CITY·s obligations
apply. The defense and indemnity obligations of CITY bereunder
extend to any occurrence d·uring the period this section is in
torce, regardless of when claims or suits relating to such occur
rence er occurrences is filed. CONSULTAN'l' shall notify CITY imme
diately upon receipt of information which leads it to believe that
a claim, suit~ or other proceeding under this section may exist.
CITY Ilay terminate this section by mailing written notice thereof
at lea.st t.hirty (lO) days in advance of said teraination t,:,;; CONSUL
~ANT to its last kno~n address~
12
•
,
f
f
t
,
.. ~ ,
"\
.-
\.
I
I
\
" ~ .
. \ ,
~c_. , ,
,
" I
4
,1
o .. ,",
16. LAWS to !II: OBSERVED. CONSULTANT sball:
(a) Procure all pennits and 1 icenses... pay all
charqes and fees ... and give all notices which may be necessary 8nd
inc!~ent to the due &nd lawful prosecution of the services to be
performed by CONSULTANT under this Agreement;
(b) ~eep itself fully informed of all existing and
future federal ... state and local 1a .... s, ordinances ... regulations,
orders... and decrees which may affect those engaged .or employed
under this Aqreement, any materials used in CONSULTANTfs perfor
mance under this Agreement, or the co-nduct of the services under
this Agreement;
ee} At all times Observe and comply -with .. and cause
all of its subconsultants and employees., if any, to observe and
comply with, all of said laws ... ordinances, requlations, orders and
decrees mentioned above;
Cd} Immediately report to the PROJECT MANAGER in
writinq any discrepancy or inconsiste1')CY it discovers in said la'Ws ..
ordi.nances~ regulations.. orders.. and decrees mentioned above in
relation to any plans .. drawings.. specifications .. or provisions of
this Agreement;
(e) ... rith J.espect to CONTRACTOR'S use of CDBG funds
under this Agreement. as federal assuranc~s:
(1) Comply with the nondiscrimination provi
sion of public lav 88-)52 (Title VI of the Civil Rights Act of
1964). and the fair housing provision o~ public law 90-284 (Title
VIII of the Civil Rights Act ~f 1968) and Executive Order 11063 as
amended by Executive order 12259 with respect to sale .. lease or
transfer of land acquired.. cleared or improved with grant
assistance;
(2) Comply 'With the prov~Slons of Section 109
of the Act ~hich prOhibit discrimination;
(3) Comply with the Oavis-Baccn Federal Labor
Standards p~OV~slon with respect to all construction contracts in
excess of Two Thousand Dollars ($2,0,0,0);
(4) Comply ~ith the requirement of the Flood
Disaster Protection Act of 1973 and the National Flood Insurance
Act of 1968 applica.ole to acquisition or ccnstru-ction projects;
13
•
I
f
i
!
i ,
,'-.',
,
i_.
o o
(51 Comply yith the relocation and displace
ment requirements of the unif~rm Relocation Assistance and Real
Property Acquisition Policies Act of 1970;
(6) comply. with provisions of Executive Order
1124" as amended by Executive Order 12:086 on equal employment
opportunities and affinaatlve action relative to employees and
applicants and nonexempt contracts and sUbcontracts:
(7) Comply with H CFR Part 35 of the HUD
regulations prohibitlnq the use of lead-based paint :n the
construction or rehabilitation of residential structures:
'Which
gible
{8} comply with the provisions of
prOhibit the utili~ation of debarred, suspended,
contractors or subrecipients:
H CFR 24
or ineli-
(9) comply with the unlfora administrative
requirements and cost principles of 24 eFR Part 85 and OKS cir
culars A-S7, A-l10, A-122, and 1\-128 as they relate to the
acceptance and use of federal funds by nonprofit organizations:
{10) Comply with the requirements of 24 CFR
85.36 and OMS Circular 1\-110 with respect to conflict of interest;
(11) comply with the provisions of the Hatch
Act which prohibits the use of federal funds for lObbyinq
activities.
(fl Remain an eligible subrecipient of CDBG funds
under Section 570~204(c) of Title 24 of the eFR (the regulations
qoverning the CDBG proqram) and carry out activities which CI-:i'"1
determines are necessary or appropriate to acbi~ve its ccmmunity
development Objectives~
17. WAlJERS. The waiver by either party of any breach
or violation of any term, covenant, or condition of this Agreement
or of any provision, ordinance, or law shall not be deemed to be
a vaiver of any otber term, covenant, condition, ordinance, or law
or of any subsequent breach or violation of the same or of any
other term ... covenant, condit-ion. ordinance, or law .. Th<2 subsequent
acceptance by either party of any fee o;r other DOney whicb r.ay
becollle due herel.!nder shall not be deemed: to be a va i ver 0 f any pre
ceding breach or violation by the other part1 of any term, cove
nant .. or condition of this Agl'.eeOllent or of any appl icable law or
ordinance.
18. COSTS AND ATTQRHlY FEES. The prevailing party in
any action brought to enforce the terms of this Agreement or
arising out of this Agreement may recover its reasonabl~ costs and
•
\
"
. ,
•
'~5.
J. ;~ ,
I
t ,
r , . . ~-:.,;"
~._"'"4c •
.-
.-
.. ~
•
,.' '. ;
/ ' ..-...'" .... .-_-.""-""--".,....-~-;-,-. ............ ""
o
attorneys fees expended in connection with such an action from the
<>ther party.
19. ALTERATION 1M AGR.E!HEllT. This Oocument contains all
tile terms and conditions of the agreement between t.he parties. Any
alterations or variations of the terms of this Agreement shall be
invalid unless ~ade in 'Writing al'1.d signed by the parties hereto.
There are no other understandings, representations, or agreements,
written or Qral, not incorporated herein. All provisions of this
Agreement expressly are made conditions. This Agreement shall
supersede Contract No. 4327 between the parties, as amended. This
Agreement .shall be governed by the laW's of the State of california~
20. AGREEH:EllT IllmING.. The terJls, covenants, and condi
tions of this Agreement shall apply to, and shall bInd, the heirs;
successors. executors~ administrators. assigns, and subcontractors
of both parties.
III WITNESS WHEREOF I the parties hereto have executed this
Agreement the day and year first above written.
APPROVED AS ro FORM:
~Ku>R~
Assistant City ~orney
of Finance
PALO ALTO BOOSIHG CORPORA1'ION
By: a£ ~ Ik.. r, .a~_
ItS:~ ~ ... -l.,,,r
-/ "£ .. ~/ £L J.,l.
.\
Risk Manager
APPROVED 1.8 ro COIITEHT:
2C~.u~t-e.ScAUJk.
Director of Planning and
Community Environment
15
•
,
"
'
1
I
f
i
~-,
.-
1-
•
. .
. .
~\ --...
.. ~~_~<: ••... ~~~~~~~_>.J-~.~ ________ . __ '. ___ .-' _____ , __ ~_~.~ .. ~.~b~·~.~nI"I?~
o
PAla ALTO HOUSING CORPORATION
19S9-90
PrD9ra~ 'ta~ Scope of Se~~ices
r
1. CONSUllANl s},all fosler and develop cecent. safe. and affi:lrd ....... le housing
~nef1ting low end moderate income {.!%lilies and seniors fn Fa71!1 Alto il!!
flllfi11ment gf tni! national objetlives under ttle Community Development
Bloek Grant Frogralll (CDBG), T. foHill sue~ objectives CONSULTANT shall
perform the fQl10wing serV1ces:
SPECIAL ACTIVITIES
A. Project Development -Ca1iformia Park Apartments Jime [stimate: 40%
L "onHo·r constTuctior.. of Califonil: ParTe Apartments for 4S rental
~ous'jn3 units (or fam,ties located at 2253 Pari Boulevard.
2. Prepare information picket and solicit tenants for occupancy ;:~ De
cember. 1989.
3. Obtai. a~d ~onitor financing for prDject.
B. Pre-Rouslcg Development Time [stimate~ 2~
I. Pursue developme~t Qf rental houslog ~n (o~nt~-owne~ parcel located
.t Page Mili and As~ Streets,
2. Stay j~fo~e~ and pursue possible sites (or dE~elopment of affordable
bousing on an on-going basis.
3. Continue to work. 'WiUI. Stanford UniversitJ on Stanford Vest a.nd arty
PQtential nousing site that ~a1 betome available.
C. Rental Hoosicg Acquisition Program (~') lime £stfmate: 15%
I. Acqulre additional housing units under tne RHAP ~ith special emphasis
o~ the acC{uhitfon mf the Sherfdan Aparhlents com'prlse::f Clf 57 units
of senior housing. Determine rehabilitation needs and prepare neces
SaYI applit~\;ons far rehabilitation ~or\.
Z. Contfnue t~e direct ~anagement and rent-~p of 49 RHA1 units_
3, Ma.age t~. r'habilitation of .11 RHAP properlies_
D. Project ~a •• gement Tim, {sllm,te: I~
J. (ontinue lIanaiiement superv1sion and referril of 22Q units at Colorado
Pirk Apartments~ ~ebster Wood Apartments and Terman Apartme~ts.
pa.hceu.
tk
·:L
;, ;
, ~
~ ."'"
t ,
1 ","
I :i,'" r
~ .~ .
t , r =:-
~ . .
~' ,
~
t
f
r:
< '.
.
;
~-
f
,
;
c.,=; . .::-:;..\
,
•
:-' . c'
;
o o
1. Ad.ioi,ter the r.nt and 5.1. of COBG eligible !elow Mar,et Rate (BMR)
rental and for· salt units.
E. pjanning Irld AdlliDistrdion Time hUmate: 15'1
I.
1.
Continue worting vit~ the Human Relations Commfssion~ CltJ staff and
tfle Orban )linistr1 tD utila Ule suppT, of Siogl! Room OcctJPiilr.cy
(SRO) housing ind to explore the creatiCD Clf ;I s'helter. transitional
~ous~ng and permanent housi~g for t~e ~ome'ess ind ~ear bomeless.
York with Citl Planning sUff .. iPlannin~ Contnlssion ilnd City Council
to:
i. Assist ill the preparatioc of tlle ROlJsing Element to be adopted
by Ju11 J, 1990.
b. lmplement and evalaate existfng {ity ~ousin9 pr~qrams and
develop n~w programs.
c. Ewalaate other developers' proposals for affordable housing_
d. EYiilluite-cllanging conditions ;. the corrrnunlt,. ttlat <ould rest21t
im new ~ousin9 policies and prog~ims.
e. Sta, hfiln'led and respond tl' housing legishtlofl. funding
sou~ce$~ a~d new progyams on ~itionil~ stite~ regionil a~d 10ca1
hvel s.
3. General Admilistration related to (DEG eligible actf~ltfes.
II. CONSULTANT 5hill "5ist t~e Cit! In cfevelopi,g mode rote income ~oL!5i,g
t~rDugh t~e Below ~arket Aate Program (BMR) ~~ich 1S outsl~e of the fund
ing for t~e COBG program. Suth actiyities s~all inclade ,dmiaistering the
sales and resales of all ef t~e (;tJ~5 BMR ~nits and units sold at lower
than market prices at B;rt~ CDurt~
pahceu
tk
,
;.."
l
r
~:.-.
" t: -
.' : .J ;,
: . . .
~,
-.~ .
0--.
Exhibit -8-
'ALO ALTO HOUSING CORPORATION
1989-90
Program Year (on tract a~~get
EMPLOYEE sERVICES
TQhl Sa' aries
SPECIAL ACTIYITIES
A_ Preject Development· (aliforaia Pari 4~
B. Prt-Housing De~elop~ent 20\
C. Re,tal Housing Acquisition Program lS~
]~ loegtifying and icquiriog I project
z. Rehabilitation ~f I pr~ject
3~ ~anagin9 RHAP units
O. FrDject ~anagement I~
E. Admimistration 15%
I. HOQsfng l1ement Preparation
2. SRO Kouslog
3. ()t~.r
p.hcexbc
-'-
$17,200
38 j 88tl
11.440
14,580
9,720
14,580
. \
•
--.
,
t , ,
,
r