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09-0616_MDM & ASSOCIATES_Personal Services Agreement (2)PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 16th day of June, 2009, by and between the San Juan Capistrano Community Redevelopment Agency (hereinafter referred to as the "Agency') and MDM &Associates (hereinafter referred to as "Consultant"). RECITALS: WHEREAS, Agency desires to retain the services of Consultant to perform property management and support services for the Agency -owned Little Hollywood Rental Housing Units located at Mission and Ramos Streets; and WHEREAS, Consultant is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, Agency and Consultant mutually agree as follows: Seaton 1. Scope of Work. The scope of work to be performed by Consultant shall consist of those tasks as set forth in Exhibit 'A" attached and incorporated herein by reference. Consultant warrants that its services shall be performed in a competent, professional and satisfactory manner and in accordance with the prevalent standards of its profession. Section 2. Term. This Agreement shall commence on the effective date of this Agreement and services required hereunder shall be completed by no later than June 30, 2011. At the discretion of the Agency's Executive Director, this agreement may be renewed administratively for up to two additional years through June 30, 2013. Section 3. Compensation. 3.1 Amount. Total compensation for the scope of services for this Project shall not exceed Eighty-nine Thousand Nine Hundred Fifty Dollars ($89,950.00) annually, as set forth in Exhibit 'A" attached and incorporated herein by reference. 3.2 Rate Schedule. The services shall be billed to the Agency at the rate set forth in Exhibit 'A," attached and incorporated herein by reference. Included within the compensation are all SD the Consultant's ordinary office and overhead expenses incurred by it, its agents and employees, including meetings with the Agency representatives and incidental casts to perform the stipulated services. Submittals than be in accordance with Consultants proposal. 3.3 Method of Payment. Consultant shall submit monthly invoices based on total services which have been satisfactorily completed and specifying a percentage of projected completion for approval by the Agency. The Agency will pay monthly progress payments based on approved invoices in accordance with this Section. For extra work not part of this Agreement, a written authorization from Agency is required prior to Consultant undertaking any extra work. 3.4 Records of Expenses. Consultant shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to Agency. Section 4. Independent Contractor. It is agreed that Consultant shall act and be an independent contractor and not an agent or employee of Agency, and shall obtain no rights to any benefits which accrue to Agency's employees. Section 5. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for Agency to enter into this Agreement. Consultant shall not contract with any other entity to perform the services required without written approval of the Agency. This Agreement may .not be assigned, voluntarily or by operation of law, without the prior written approval of the Agency. If Consultant is permitted to subcontract any part of this Agreement by Agency, Consultant shall be responsible to Agency for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and Agency. All persons engaged in the work will be considered employees of Consultant. Agency will deal directly with and will make all payments to Consultant. Section 6. Changes to Scope of Work. For extra work not part of this Agreement, a written authorization from the Agency is required prior to Consultant undertaking any extra work. In the event of a change in the Scope of Work provided for in the contract documents as requested by the Agency, the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Consultant's fees. Section 7. Familiarity with Work and Construction Site. By executing this Agreement, Consultant warrants that (1) it has investigated the work to be performed; (2) it has investigated the proposed construction site, including the location of all utilities, and is aware of all conditions there; and (3) It understands the facilities, difficulties and restrictions of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by Agency, it shall immediately inform Agency of this and shall not proceed with further work under this Agreement until written instructions are received from the Agency. Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. Section 9. Compliance with Law; E -Verify. 9.1. Compliance with Law. Consultant shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. 9.2. E -Verify. If Consultant is not already enrolled in the U.S. Department of Homeland Security's E -Verify program, Consultant shall enroll in the E -Verify program within fifteen days of the effective date of this Agreement to verify the employment authorization of new employees assigned to perform work hereunder. Consultant shall verify employment authorization within three days of hiring a new employee to perform work under this Agreement. Information pertaining to the E -Verify program can be found at http://www.uscis.gov, or access the registration page at https://www.vis- dhs.com/emploverregistration. Consultant shall certify its registration with E -Verify and provide its registration number within sixteen days of the effective date of this Agreement. Failure to provide certification will result in withholding payment until full compliance is demonstrated. Section 10. Conflicts of Interest. Consultant covenants that it presently has no interest and shag not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Consultant. Section 11. Copies of Work Product. At the completion of the contract period, Consultant shall have delivered to Agency at least one (1) copy of any final reports and architectural drawings containing Consultants findings, conclusions, and recommendations with any support documentation. All reports submitted to the Agency shall be in reproducible format. All services to be rendered hereunder shall be subject to the direction and approval of the Agency. Section 12. Ownership of Documents. All reports, Information, data and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential to the extent permitted by law, and Consultant agrees that they shall not be made available to any individual or organization without prior written consent of the Agency. All such reports, information, data, and exhibits shall be the property of the Agency and shall be delivered to the Agency upon demand without additional casts or expense to the Agency: The Agency acknowledges such documents are instruments of Consultant's professional services. Section 13, Indemnity. Consultant agrees to protect, defend and hold harmless Agency, its elected and appointed officials and employees from any and all claims, liabilities, expenses or damages of any nature, including attorneys' fees, for injury or death of any person or damage to property or interference with use of property and for errors and omissions committed by Consultant arising out of or in connection with the work, operation or activities of Consultant, its agents, employees and subcontractors in carrying out its obligations under this Agreement. Section 14. Insurance. Insurance required herein shall be provided by Admitted Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A - Class VII or better. 14.1 Comprehensive General Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive General Liability coverage in an amount not less than one million dollars per occurrence ($1,000,000.00), combined single limit coverage for risks associated with the work contemplated by this agreement. If a Commercial General Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this agreement or the general aggregate limit shall be at least twice the required occurrence 14.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non - owned vehicles in an amount not less than one million dollars per occurrence ($1,000,000.00). 14.3 Worker's Compensation. If Consultant intends to employ employees to perform services under this Agreement, Consultant shall obtain and maintain, during the term of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. 14.4 Proof of Insurance Requirements/Endorsement Prior to beginning any work under this Agreement, Consultant shall submit the insurance certificates, including the deductible or self -retention amount, and an additional insured endorsement naming the Agency, its officers, employees, agents, and volunteers as additional insureds as respects each of the following: Liability arising out of activities performed by or on behalf of Consultant, including the insured's general supervision of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired, or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded the Agency, its officers, employees, agents, or volunteers. 14.5 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) days' written notice is given to the Agency, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 14.6 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions have been satisfied. 14.7 Notice to Proceed. Consultant shall not proceed with any work under this Agreement until the Agency has issued a written "Notice to Proceed" verifying that Consultant has complied with all insurance requirements of this Agreement. 0 0 Section 15. Termination. Agency shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to Consultant. In addition, this Agreement may be terminated by any party for cause by providing ten (10) days' notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. Section 16. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To Agency: San Juan Capistrano Community Redevelopment Agency 32400 Paseo Adelanto San Juan Capistrano, CA 52675 Attn: Laura Stokes To Consultant: MDM & Associates P. O. Box 2041 Mission Viejo, CA 92690 Section 17. Attorney Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. Section 18. Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). Section 19. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. [SIGNATURE PAGE FOLLOWS] IN WITNESS WHEREOF, the parties hereto have executed this Agreement. SAN JUAN CAPISTRANO COMMUNITY REDEVLEOPMENT AGENCY By: ��� ig� Thomas W. Hribar, Chairman MDM & Associates NEE � ff"FA �iI Z _ i , , off KAM .._ ATTEST: AAA11d4A rgaret Mo an Agency Clerk APPROVED AS TO FORM: Omar and aI, Agency Attorney • 6 2009-2010 Budget Little Hollywood An assessment of each household will assist in determining the projected costs and budget needed for client support services. Services Prior Fees Adjusted Fees Budget Initial Household Assessment Initial Fee Initial Fee *Application Review -Intake 75.00 54.00 Counseling - Employment Needs Assessment Evaluation 100.00 100.00 Paperwork Preparation 75.00 75.00 *Inspection & Report 75.00 53.00 Review Program Documents & Agreements with Tenants 100.00 100.00 * New Tenant/s Unit Budget 425.00 382.00 5,346.00 Monthly Assessments/Reports Case Management/Prop. Mgmt. Fees Fees ---- 25.00- - - - --- -_25d - - - - - - -- - - - - *Monthly volunteer monitoring 35.00 25.00 Monthly case management 75.00 75.00 Monthly in-home visits 50.00 50.00 * Household Assessments 185.00 a month 175.00 a month 50,400.00 *Support Services/ Individual *Group Counseling 100.00 250.00 90.00 200.00 16,800.00 3,600.00 *Quarterly Reports 2750.00 2475.00 2,475.00 *Boy's & Girl's Club 35.00-50.00 30.00-35.00 220.00 *Monthly workshops 24 units x 12 months 20.00 month 18.00 month x 24 for 12 months 5,184.00 *Annual Re -certification 100.00 per person 150.00 per unit 3,600.00 *Attend public meetings 150.00 per meeting 125.00 per meeting 500.00 *Additional Services for City 75.00 per hoar 65.00 per hour 650.00 * Tenant program termination 150.00 paperwork ** 135.00 paperwork ** 675.00 Line item fees nray, vary within the budget based on family need assessments * * eviction proceedings by city attorney ** eviction proceedings by city attome * ApproAmate 10% reduction in fees per city request Total Budget $ 89,450.00 2010-2011 Budget Little Hollywood An assessment of each household will assist in determining the projected costs and budget needed for client support services. Services Prior Fees " Adjusted Fees Budget Initial Household Assessment Initial Fee Initial Fee *Application Review -Intake 75.00 54.00 Counseling - Employment Needs Assessment Evaluation 100.00 100.00 Paperwork Preparation 75.00 75.00 *Inspection & Report 75.00 53.00 Review Program Documents & Agreements with Tenants 100.00 100.00 * New Tenant/s Unit Budget 425.00 382.00 5,346.00 Monthly Assessments/Reports Case Mang ement/Pro . M mt. Fees Fees Monthly rent payments 25.00 25.00 *Monthly volunteer monitoring 35.00 25.00 Monthly case management 75.00 75.00 Monthly in-home visits 50.00 50.00 * Household Assessments 185.00 a month 175.00 a month 50,400.00 *Support Services/ Individual *Group Counseling 100.00 250.00 90.00 200.00 16,800.00 3,600.00 *Quarterly Reports 2750.00 2475.00 2,475.00 *Boy's & Girl's Club 35.00-50.00 30.00-35.00 395.00 *Monthly workshops 24 units x 12 months 20.00 month 18.00 month x 24 for 12 months 5,184.00 *Annual Re -certification 100.00 per person 150.00 per unit 3,600.00 *Attend public meetings 150.00 per meeting 125.00 permeating 500.00 *Additional Services for City 75.00 per hour 65.00 per hour 300.00 * Tenant program termination 150.00 paperwork ** 135.00 paperwork •• 1,350.00 Line item tees may vary, within the budget based on family need assessments ** eviction proceedings by city attorney eviction proceedings by city attorney * Approximate 10% reduction in fees per dty request Total Budget $ 89,950.00 • 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 4931171 (949) 493.1053 FAx www.sanjuancapistrano.org TRANSMITTAL TO MDM & Associates P.O. Box 2041 Mission Viejo, CA 92690 DATE: July 6, 2009 l G[✓��p 1101111ITT 1 f51A1115NO I 1961 1776 MEMBERS OF THE CITY COUNCIL FROM: Christy Jakl, Administrative Specialist, City Clerk's Office (949) 443-6310 SAM ALLEVATO LAURA FREESE THOMAS W. HRIBAR MARK NIELSEN DR LONDRES USO RE: Personal Services Agreement — Property Management Little Hollywood Rental Housing Thank you for providing documentation confirming compliance with the terms of the agreement related to insurance. Please keep in mind this documentation must remain current with our office during the term of this agreement. If you have questions related to insurance requirements, please call me at (949) 443-6310. If you have questions concerning the agreement, please contact Laura Stokes, Housing Coordinator at (949) 443-6313. An original agreement is enclosed for your records. Cc: Laura Stokes, Housing Coordinator San Juan Capistrano: Preserving the Past to Enhance the Future 0 Printatl on 100% recydetl paper Today's Date: � { �5 /0 1p 0 CONTRACT TRANSMITTAL Transmittal Routing (Check All That Apply) ® City Attorney ❑ City Manager ® City Clerk CIP No. (if any): c / Project Manager's Last Name: .Ao4s Phone Extension: b3�J Councilor CRA Meeting Date (if applicable): (0111016c, APPROVING AUTHORITY: (Check One) ❑ Mayor ® CRA Chair ❑ City Manager Provide (1) executed original contract for each signing party, including the City. If the agreement is to be recorded — only (1) original will be recorded with certified copies going to other parties. Please provide the mailing address of any party to receive an agreement — unless the mailing address is included within the body of the agreement: Names Street City St Zi Margaret McClean P. O. Box 2041 Mission Viejo CA 92690 OTHER INSTRUCTIONS: Form Date: 01-2004 D-7 E 0 CRA 6/16/2009 AGENDA REPORT B3 TO: David F. Adams, Executive Directory^✓ FROM: Douglas Dumhart, Economic Development Manager SUBJECT: Consideration of Agreement for Property Management Services for Little Hollywood Rental Units. (Located on Mission and Ramos Streets)(MDM & Associates). RECOMMENDATION: By motion, approve an agreement in an amount not to exceed $89,950 annually with MDM & Associates to provide property management services for the Community Redevelopment Agency -owned Little Hollywood rental units, and authorize the Chairman to execute the agreement. SITUATION: The San Juan Capistrano Community Redevelopment Agency (Agency) owns 14 rental units and will be completing construction of ten additional units in the Los Rios District known as Little Hollywood, located west of Mission Street and north of Ramos Street. The Agency acquired the property with Community Development Block Grant funds in the early 1980s and rents the units to very -low and low-income households. For the past four years MDM and Associates ("MDM") has been responsible for property management of the units, including collecting rents, executing leases, certifying household incomes, handling tenant complaints, and overseeing maintenance repairs. June 30, 2009, MDM's consultant services contract will terminate. Staff recommends that the Agency approve MDM continuing consultant services for the following two years through a personal service agreement (Attachment 1). BACKGROUND: MDM offers services that benefit the Little Hollywood tenants that are necessary for the households success when exiting the program. Since first administering the program four years ago five of the fourteen households have graduated beyond the program, two purchasing their first homes, and the other three accelerating their exit time due to their self sufficiency. Staff has requested a proposal for MDM's continued services for the Little Hollywood Program including the addition of ten newly constructed Agency owned units. MDM's proposal stipulates that during the first year the cost will be $89,450. This cost takes into consideration that the ten new units will not be occupied for the first half of the year. Agenda Report • • June 16, 2009 Page 2 Following the first year, and all units become occupied, the annual cost will increase to $89,950. This total is based upon an estimate of the services anticipated to be provided to the tenants. In no event will the annual cost exceed $89,950, and the Agency will only pay for services provided to the individual tenants. Staff finds that MDM has the experience to administer the program and provide a full - range of comprehensive support services through collaboration with numerous local agencies and organizations (i.e. Boys & Girls Club, ROP, Orange County Head Start, CHEC-Mission Hospital, Mission San Juan Capistrano, Ocean Hills Community Church, Camino Health Center, St. Vincent de Paul, Union Bank, Dayle McIntosh Center, Community Health Enrichment Collaborative, etc.). These support services will: • Train family households in household financing, budgeting, saving, etc. • Assist families with job skill training to increase their potential to earn more income. • Provide opportunities for the households to become responsible, independent, and self-sufficient. • Help children grow and develop leadership qualities by positive social interaction in preschool and after school programs. • Assist the seniors and disabled residents with support services. • Assist tenant households with additional resources based upon their needs (i.e. food pantry, nutrition, clothing, counseling, etc.). • Provide free or low-cost health care for the residents. • Allow tenants to give back to the community through volunteering their services. Staff recommends that the Agency approve an agreement not to exceed $89,950 annually with MDM for property management and support services for the Little Hollywood rental units, and authorize the chairman to execute the agreement. The two- year agreement includes an option that the Executive Director of the Agency may, based upon satisfactory performance as determined by the Agency staff, administratively renew the agreement for up to two additional years. FINANCIAL CONSIDERATIONS: Staff has requested the consultant to review the fee schedule and, if possible, reduce the contract by 10%. The consultant has reviewed the program and has elected to reduce costs by 10% on several line items. The consultant has related that reducing the entire contract would compromise the programs successfulness. The consultant's proposed rate of $89,450 has been budgeted in fiscal year 09/10 for the continued services for the Little Hollywood Program. This amount is an increase to the previously budgeted $77,140 due to the imminent addition of ten units/households to the program at the end of 2009. Additionally, $89,950 will be budgeted for fiscal year 10/11 to reflect the increase in costs resulting from the occupancy of all twenty-four homes for the full year. Agenda Report Page 3 NOTIFICATION: • MDM & Associates RECOMMENDATION: June 16, 2009 By motion, approve an agreement in an amount not to exceed $89,950 annually with MDM & Associates to provide property management services for the Community Redevelopment Agency -owned Little Hollywood rental units, and authorize the Chairman to execute the agreement. Respectfully submitted, 4 ��.�*� Dou las`Dumhart, 9 Economic Development Manager Prepared by, Laura Stokes, Housing/Redevelopment Coordinator Attachment: 1. Personal Service Agreement for MDM and Associates Consultant Services of the Little Hollywood Program PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 16th day of June, 2009, by and between the San Juan Capistrano Community Redevelopment Agency (hereinafter referred to as the "Agency') and MDM &Associates (hereinafter referred to as "Consultant"). RECITALS: WHEREAS, Agency desires to retain the services of Consultant to perform property management and support services for the Agency -owned Little Hollywood Rental Housing Units located at Mission and Ramos Streets; and WHEREAS, Consultant is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, Agency and Consultant mutually agree as follows: Seaton 1. Scope of Work. The scope of work to be performed by Consultant shall consist of those tasks as set forth in Exhibit 'A" attached and incorporated herein by reference. Consultant warrants that its services shall be performed in a competent, professional and satisfactory manner and in accordance with the prevalent standards of its profession. Section 2. Term. This Agreement shall commence on the effective date of this Agreement and services required hereunder shall be completed by no later than June 30, 2011. At the discretion of the Agency's Executive Director, this agreement may be renewed administratively for up to two additional years through June 30, 2013. Section 3. Compensation. 3.1 Amount. Total compensation for the scope of services for this Project shall not exceed Eighty-nine Thousand Nine Hundred Fifty Dollars ($89,950.00) annually, as set forth in Exhibit 'A" attached and incorporated herein by reference. 3.2 Rate Schedule. The services shall be billed to the Agency at the rate set forth in Exhibit "A," attached and incorporated herein by reference. Included within the compensation are all ATTACHMENT the Consultant's ordinary office and overhead expenses incurred by it, its agents and employees, including meetings with the Agency representatives and incidental casts to perform the stipulated services. Submittals than be in accordance with Consultants proposal. 3.3 Method of Payment. Consultant shall submit monthly invoices based on total services which have been satisfactorily completed and specifying a percentage of projected completion for approval by the Agency. The Agency will pay monthly progress payments based on approved invoices in accordance with this Section. For extra work not part of this Agreement, a written authorization from Agency is required prior to Consultant undertaking any extra work. 3.4 Records of Expenses. Consultant shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to Agency. Section 4. Independent Contractor. It is agreed that Consultant shall act and be an independent contractor and not an agent or employee of Agency, and shall obtain no rights to any benefits which accrue to Agency's employees. Section S. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for Agency to enter into this Agreement. Consultant shall not contract with any other entity to perform the services required without written approval of the Agency. This Agreement may .not be assigned, voluntarily or by operation of law, without the prior written approval of the Agency. If Consultant is permitted to subcontract any part of this Agreement by Agency, Consultant shall be responsible to Agency for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and Agency. All persons engaged in the work will be considered employees of Consultant. Agency will deal directly with and will make all payments to Consultant. Section 6. Changes to Scope of Work. For extra work not part of this Agreement, a written authorization from the Agency is required prior to Consultant undertaking any extra work. In the event of a change in the Scope of Work provided for in the contract documents as requested by 0 0 the Agency, the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Consultant's fees. Section 7. Familiarity with Work and Construction Site. By executing this Agreement, Consultant warrants that (1) it has investigated the work to be performed; (2) it has investigated the proposed construction site, including the location of all utilities, and is aware of all conditions there; and (3) It understands the facilities, difficulties and restrictions of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by Agency, it shall immediately inform Agency of this and shall not proceed with further work under this Agreement until written instructions are received from the Agency. Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. Section 9. Compliance with Law: E-Verify. 9.1. Compliance with Law. Consultant shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. 9.2. E-Verify. If Consultant is not already enrolled in the U.S. Department of Homeland Security's E-Verify program, Consultant shall enroll in the E-Verify program within fifteen days of the effective date of this Agreement to verify the employment authorization of new employees assigned to perform work hereunder. Consultant shall verify employment authorization within three days of hiring a new employee to perform work under this Agreement. Information pertaining to the E-Verify program can be found at http://www.uscis.gov, or access the registration page at https://www.vis- dhs.com/emp love rregistration. Consultant shall certify its registration with E-Verify and provide its registration number within sixteen days of the effective date of this Agreement. Failure to provide certification will result in withholding payment until full compliance is demonstrated. Section 10. Conflicts of Interest. Consultant covenants that it presently has no interest and shag not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Consultant. 0 0 Section 11. Copies of Work Product. At the completion of the contract period, Consultant shall have delivered to Agency at least one (1) copy of any final reports and architectural drawings containing Consultants findings, conclusions, and recommendations with any support documentation. All reports submitted to the Agency shall be in reproducible format. All services to be rendered hereunder shall be subject to the direction and approval of the Agency. Section 12. Ownership of Documents. All reports, Information, data and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential to the extent permitted by law, and Consultant agrees that they shall not be made available to any individual or organization without prior written consent of the Agency. All such reports, information, data, and exhibits shall be the property of the Agency and shall be delivered to the Agency upon demand without additional casts or expense to the Agency: The Agency acknowledges such documents are instruments of Consultant's professional services. Section 13, Indemnity. Consultant agrees to protect, defend and hold harmless Agency, its elected and appointed officials and employees from any and all claims, liabilities, expenses or damages of any nature, including attorneys' fees, for injury or death of any person or damage to property or interference with use of property and for errors and omissions committed by Consultant arising out of or in connection with the work, operation or activities of Consultant, its agents, employees and subcontractors in carrying out its obligations under this Agreement. Section 14. Insurance. Insurance required herein shall be provided by Admitted Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A - Class VII or better. 14.1 Comprehensive General Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive General Liability coverage in an amount not less than one million dollars per occurrence ($1,000,000.00), combined single limit coverage for risks associated with the work contemplated by this agreement. If a Commercial General Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this agreement or the general aggregate limit shall be at least twice the required occurrence limit. 14.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non - owned vehicles in an amount not less than one million dollars per occurrence ($1,000,000.00). 14.3 Worker's Compensation. If Consultant intends to employ employees to perform services under this Agreement, Consultant shall obtain and maintain, during the term of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. 14.4 Proof of Insurance Requirements/Endorsement Prior to beginning any work under this Agreement, Consultant shall submit the insurance certificates, including the deductible or self -retention amount, and an additional insured endorsement naming the Agency, its officers, employees, agents, and volunteers as additional insureds as respects each of the following: Liability arising out of activities performed by or on behalf of Consultant, including the insured's general supervision of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired, or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded the Agency, its officers, employees, agents, or volunteers. 14.5 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) days' written notice is given to the Agency, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 14.6 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions have been satisfied. 14.7 Notice to Proceed. Consultant shall not proceed with any work under this Agreement until the Agency has issued a written "Notice to Proceed" verifying that Consultant has complied with all insurance requirements of this Agreement. Section 15. Termination. Agency shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to Consultant. In addition, this Agreement may be terminated by any party for cause by providing ten (10) days' notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. Section 16. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To Agency: San Juan Capistrano Community Redevelopment Agency 32400 Paseo Adelanto San Juan Capistrano, CA 52675 Attn: Laura Stokes To Consultant: MDM & Associates P. O. Box 2041 Mission Viejo, CA 92690 Section 17. Attorney Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. Section 18. Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). Section 19. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. [SIGNATURE PAGE FOLLOWS] • • IN WITNESS WHEREOF, the parties hereto have executed this Agreement. SAN JUAN CAPISTRANO COMMUNITY REDEVLEOPMENT AGENCY By: Thomas W. Hribar, Chairman MDM & Associates By: Margaret McClean, Consultant ATTEST: Margaret Monahan, Agency Clerk APPROVED AS TO FORM: Omar Sandoval, Agency Attorney Alt I • . , r; ti Program Development Community Relations Strategic Planning Fund Development Grant Research MDM &Associates r,a">,,,n.,rs„�,�,,,,� 4un nuuuty Pou�i inn .md No np ro h[ A�;rncrt� Program Description: The program goal is to offer the most inclusive support programs for the current and future residents living in San Juan Capistrano's "Little Hollywood" housing. The programs are designed to meet the specific needs of the community served by providing quality, cost-effective support services aimed at preventing homelessness, achieving self- sufficiency, and strengthening relationships. Offering long-term guidance and supportive opportunities assists each household member to realize their full potential as productive, responsible and caring individuals. Collaborative programs include: • Affordable medical and dental programs • Career and Vocational Education Support Services • Case Management - monthly • Childcare: daycare, school preparedness, after school and summer programs • Computer training and tutorial programs for - students, adults and seniors • Counseling, support groups and workshops - parenting skills, anger management and developing healthy relationships credit counseling and debt consolidation, first time home buyer programs • Employment assistance, skills assessment, job development services • ESL classes • Family resource services Health education programs, first aid, CPR, disaster preparedness • Legal assistance and mediation services • Nutritional evaluations and food distribution programs • Quarterly projects and/or events for the "Little Hollywood" community • Senior service programs and counseling • Tax preparation • Transportation services • Utility assistance programs • Vocational services, programs and counseling for individuals with disabilities The focus of this proposal is to provide an outline of the comprehensive assistance programs for low-income households that include families, individuals with disabilities and seniors. Specific programs are designed to assist and meet the individual needs of each household who are at or below the federal poverty guidelines. All proposed services are for the purpose of improving self-reliance and life skills while providing the necessary resources to fortify healthy behavior. The support services target the most urgent needs of these residents while preserving their dignity and encouraging self-sufficiency. The projection is that through support systems, which are easily accessible within the city, lives will be enriched. The proposed program collaborates primarily with partners in San Juan Capistrano to achieve the maximum utilization of resources without the duplication of services. 0 0 Case Management: Case Management meetings are scheduled monthly. The purpose of these meetings is to assess the needs and monitor the progress within each household. The case manager reviews the income to debt ratios with the head/s of each household and assists them in preparing a realistic budget, savings and employment development plan. The goal is to increase the level of household income and savings in a concerted effort to improve their financial stability as they work towards self-sufficiency. An assessment is also made of the utilization of classes, workshops and/or vocational training to improve their employment opportunities and their completion of volunteer services. In addition, the case manager inspects the home monthly to evaluate the living conditions, check for safety and the need for household repairs and/or maintenance. Current residents as well as prospective candidates for the city's program meet with a designated case manager at the beginning of the contract. Monthly and Quarterly reports are submitted to the city. The report contains an evaluation of the resident's compliance with the established program guidelines and a detailed accounting of all financial activities related to the program. Program recommendations: • The resident agrees to pay the rent on the first of each month • The resident agrees to work with the case manager in preparing a monthly budget with the goal of saving 10 -- 15% of their net income each month in a verifiable savings account • Attendance at group counseling sessions at a designated location in San Juan Capistrano • Adults living in the household agree to volunteer 6 hours a month in the community • Attend individual counseling if it is recommended (parent/marital, anger management, children and teen evaluations, tutorial assistance, senior services, independent living skills training, vocational and rehabilitation services) various counselors provide services to the families, seniors and individuals with disabilities and have the ability to communicate in Spanish 0 Attend monthly meetings with a case manager to assess and evaluate their goals 0 E • Complete monthly paperwork (due on the first of each month) that includes: 1. Goal Sheet for each adult in the household 2. Budget Report for each family (outlines all monthly income and expenses) 3. Turn in supporting documents for the budget sheet. Proof of income, pay stubs, child support documents, Notice of Action forms, etc. Account for all expenses — bills received and/or paid, receipts from the grocery store, gas station, department stores, pharmacy etc. • Agree to a monthly in-home inspection • Maintain the residence as a safe living environment • Report the need for repairs and/or maintenance. It is recommended that rent payments be made by a money order or cashiers check not a personal check or cash. The rent is considered late if either the money order or the completed paperwork is not received by the 10th of each month. Affordable Housine Background Since 1994, Margaret McClean has worked with local non-profit agencies, county, city and professional collaborative partners in the successful development of affordable housing programs and support services that benefit low to very low-income residents in Orange County. Affordable housing is a necessity in Orange County. The rising cost of housing is a major contributor to the continuing increase of the homeless population in local communities. Yet, affordable housing alone is not sufficient. A recent four-year study showed that counseling, case management and vital support services were essential components in the development of an individual's maximum potential and their ability to achieve self-sufficiency. Support programs are strengthened and positive outcomes result when local collaborative and professional relationships are developed within the community it serves. A recent study completed for a local nonprofit showed that of the 186 family members served within a 5 -year period, approximately 74% of these families successfully transitioned to self-sufficiency when they received support services versus the low 26% success rate 4 years earlier when sport service benefits were not available. The outcome results further showed that clients receiving counseling, and a disciplined case management had a 22% higher long-term success in remaining self-sufficient 12 months after exiting the Housing Program. 0 0 The collaborative proposal developed for San Juan Capistrano provides similar support services and programs to the residents approved for the housing assistance program in "Little Hollywood". Eligibility Recommendations: In order to be eligible the potential resident must be low to very low income. It is also suggested that new applicants agree to maintain employment and - most important - be willing to work towards improving their household income and/or strive toward self- sufficiency. The families in the "Little Hollywood" community currently meet the city requirements and will be re-evaluated at the beginning of their new contract agreement with the city of San Juan Capistrano. Local churches, schools, community organizations and/or social service agencies, may also refer future applicants to the city for this program, thereby, strengthening the collaborative partnership agreements for vital program services. The proposed guidelines for the housing assistance program encourage open lines of communication. The city and their collaborative partner/s mutual goal is to meet the needs of each household and achieve a broader impact on the success rate of the residents involved in the program by offering increased support services and resources. Intake Process Recommendation: 1. A potential client calls the city of San Juan Capistrano for housing assistance. The housing administrator explains the requirements of the program and determines if the potential applicant qualifies. 2. The prospective resident is asked to complete a housing application. The head(s) of the household meet with the housing administrator and/or case manager for an initial interview. 3. If the applicant appears to be a good match for the program, another interview is scheduled. The purpose for this interview is twofold. First, the applicant learns more about the program to determine if the resident's goals align with the program goals and procedures in an effort to achieve self-sufficiency. Secondly, the support team reviews all the applications to determine which family will gain the most from the program. 4. The applicant is to turn in a DMV report, credit report, recent check stubs to verify employment and two -three reference letters. 5. The case manager confers with the city and within a week and a half, the applicant is notified as to whether or not they are accepted. 5. Once the home is ready for the new resident/s, they are given the program guidelines and agreement to read and sign. The new tenant signs the lease, security deposit/s required and the rent are collected and the key are given for the home and mailbox. The case manager conducts a walk-through of the home with the tenant and then the tenant signs the inspection report. 0 0 Case Manager and Counseling Team: The case manager, counselors and collaborative partners assigned to the families in the housing program provide support and guidance for the residents in the program. The counselor's coal is to meet with all families for group and in individual sessions. The initial evaluation includes an emotional need(s) assessment for each family member. Parental life skills assessment, parenting and communication skills, stress and anger management levels and the specific need(s) of a child or teen in the family are all assessed. Residents in the program who are seniors and or disabled will have additional needs/support and vocational or rehabilitation assistance. The case manager helps the residents stay focused on their goals and monitors the compliance with the program guidelines and support service and volunteer commitments. Frequently parent(s) need assistance with credit repair and /or legal aid and all residents need guidance in establishing and managing a monthly budget. The case manager assists each client with an individualized plan to reach his or her ultimate goal of self-sufficiency. The amount and type of needed assistance will depend on the individual client and funding available. The case manager also acts as a liaison between the counselors, collaborative support team members and the city in ultimately providing a holistic approach when working with each household as they strive towards self-sufficiency. The goal is to have monthly meetings to evaluate each family's progress. The case manager completes a unit inspection report when making the monthly in-home visits. This report describes the home's condition and the need for maintenance or repairs. Like any home, the residence may be cluttered at times, however, families are encouraged to keep it clean, safe, and to provide a healthy living condition for the household environment and family's stability. Length of Stay: The city program guidelines will be followed and additional recommendations include: Each tenant will sign a lease, and case management/support services agreement. The city can present a 30 -day notice to end the lease agreement, and case management and support services if the resident is not complying with the guidelines of the program. The program provides each household with the opportunity to save up to 10 - 15 % of their monthly income by offering various support services that reduce the household expenses. The head of household will be asked to open a savings account. The case manager will explain the benefits: (l.) Savings provides security in the event of an emergency and (2.) Savings is a reserve to assist the family when exiting the subsidized program and they resume paying full market rents. The resident may be asked to write a progress report after 6 months in the program to explain what they have gained from the program and to set their goals for the next 3-6 months. This helps the head of household to focus on the purpose and their commitment to the program. It also emphasizes that the program has a designated timeline. At this time the case manager 0 9 reviews the goals set in the first quarter of the program and assess their progress towards independence. If the client is following the guidelines of the program, but is not yet ready to transition to independent living, the program would most likely be extended. The recommended length of time in the program is from three to five years. Each household has a limited window of time in this program. Hopefully, with support and guidance, they will be ready to transition to independent living. Not all families will be readyfor this change. It is up to each individual to utilize the resources of counseling, support services, financial planning, budgeting, computer classes, workshops and vocational programs to increase skills and wages. The proposed support services are vital tools that assist in achieving goals. Those individuals who successfully transition out of the program will then open the door for a new family, individual or senior to participate in this program. Offering too much assistance can inhibit erowth. Yet arovidinr the necessary tools within a ! 0 Contract recommendations: MDM and Associates to provide strategic planning, direction and collaborative program development for improved support services to the resident/tenants living in the "Little Hollywood" housing program. The expanded support services are to benefit families, seniors and individuals with disabilities. Services will be provided to 24 households located in "Little Hollywood." 2. MDM and Associates agrees to attend scheduled meetings, review all housing applications and provide the city with monthly statements for all costs related to program services and operations. In addition, monthly and quarterly reports will provide an overview of the professional and support services provided and individual case management assessments that track the progress and program compliance for each adult resident in the program. 3. The City of San Juan Capistrano is to provide MDM and Associates with a list of approved vendors for repairs and maintenance. Maintenance and repairs are to be on a separate budget. MDM and Associates will submit a monthly invoice for client support services, case management, program and property management as specified in the fee schedule and/or contract. Projected Outcomes, Goals and Benefits: (1) That all residents in this program will be strengthened through their case management, life skills training, counseling, workshops, job development and family support services to achieve the goal of self-sufficiency (2) That able working adults will secure and retain permanent full time employment (3) That savings accumulated while in the Housing Program will provide a financial "reserve " for future housing and emergencies (4) That upon exiting the program resident/s secure and maintain permanent housing (5) That the adults living in the household will continue to provide volunteer services within their community. 0 Collaborative Partnerships 0 MDM and Associates in partnership with the following collaborative partners agree to provide comprehensive support services and programs to the households in Little Hollywood. Boys & Girls Clubs of Capistrano Valley James E. Littlejohn Executive Director One via Positiva San Juan Capistrano, CA 92675 Program Highlights and Benefits of the Boys and Girls Club: Developing character and leadership, education and career development, sports and physical fitness programs, art expression and appreciation, encouraging healthy and a positive behaviors and competence in young children and teens Empowers youth to support and influence their club and community, by sustaining meaningful relationships with others, developing a positive self-image, and sharing in the democratic process by participating in various leadership roles. Strengthening awareness and acceptance of cultural identities Assists children and young adults by encouraging them to become proficient in basic educational disciplines, setting personal goals and developing core competencies to live successfully as self- sufficient adults Community Health Enrichment Collaborative 31322 Camino Capistrano San Juan Capistrano, CA 92675 Health Insurance and Health Education Parenting Education & School Support Family Counseling and Teen Services Bilingual and Bicultural Counselors Individual and group counseling Dayle McIntosh Center Jeffrie Vihinen, CAP Coordinator Disability Resources and Advocacy South County 24012 Calle De La Plata, Suite 210 Laguna Hills, CA 92653 Jorge Sotelo Virginia Sergi Pilar Aquero, MA Janny Hernandez, MA Saira Prudencio, MA The services provided include: advance empowerment and inclusion of all persons with disabilities advocacy, ADA training, core independent living skills training, emergency network forthe deaf, transition services, housing assistance, computer training, employment services, benefits counseling, vocational services, client assistance programs, personal assistance services, and peer support and counseling. 0 0 Orange County Head Start San Juan Capistrano, CA Quality early education, comprehensive health and mental health services, nutrition education and family support services. School readiness activities, including a formalized transition plan into the kindergarten program, services for children with disabilities, parent education classes, comprehensive health, nutrition and social services. San Juan Seniors Club — South County Senior Services Elaine Tracy, Senior Citizen Program Coordinator 25925 Camino Del Avion San Juan Capistrano, CA 92675 San Juan Seniors Club and South County Senior Services provide programs that include: meals served at the senior center, meals on wheels delivered to the home, transportation services, physical fitness classes, computer classes, driver safety programs, tax assistance, counseling, medical screenings, social clubs, gatherings and excursions. Additional community support service partners include: Camino Health Center Catholic Charities of Orange County Community Service Programs, Inc Consumer Credit Counseling Head Start Legal Aid Mission Basilica Mission Hospital Mission Hospital Thrift Store Ocean Hills Church OCTA Operation School Bell Regional Occupational Center (ROP) St. Vincent de Paul Thrift Store The Raise Foundation The Rotary Club Union Bank of California WIC E 2010-2011 Budget Little Hollywood An assessment of each household will assist in determining the projected costs and budget needed for client support services. Services Prior Fees Adjusted Fees Budget Initial Household Assessment Initial Fee Initial Fee *Application Review -Intake 75.00 54.00 Counseling - Employment Needs Assessment Evaluation 100.00 100.00 Paperwork Preparation 75.00 75.00 *Inspection & Report 75.00 53.00 Review Program Documents & Agreements with Tenants 100.00 100.00 New Tenant/s Unit Budget 425.00 382.00 5,346.00 Monthly Assessments/Reports Case Mana ement/Pro . M mt. Fees Fees Monthly rent payments 25.00 25.00 *Monthly volunteer monitoring 35.00 25.00 Monthly case management 75.00 75.00 Monthly in-home visits 50.00 50.00 * Household Assessments 185.00 a month 175.00 a month 50,400.00 *Support Services/ Individual *Group Counseling 100.00 250.00 90.00 200.00 16,800.00 3,600.00 *Quarterly Reports 2750.00 2475.00 2,475.00 *Boy's & Girl's Club 35.00-50.00 30.00-35.00 395.00 *Monthly workshops 24 units x 12 months 20.00 month 18.00 month x 24 for 12 months 5,184.00 *Annual Re -certification 100.00 pet person 150.00 per unit 3,600.00 *Attend public meetings 150.00 per meeting 125.00 per meeting 500.00 *Additional Services for City 75.00 per hour 65.00 per hour 300.00 * Tenant program termination 150.00 paperwork ** 135.00 paperwork ** 1,350.00 Line item fees may vary within the budget based on family need assessments * * eviction proceedings by city attorney eviction proceedings by city attome * ApproAmate 10% reduction in fees per city request Total Budget $ 89,950.00 0 0 2009-2010 Budget Little Hollywood An assessment of each household will assist in determining the projected costs and budget needed for client support services. Services Prior Fees Adjusted Fees Budget Initial Household Assessment Initial Fee Initial Fee *Application Review -Intake 75.00 54.00 Counseling - Employment Needs Assessment Evaluation 100.00 100.00 Paperwork Preparation 75.00 75.00 *Inspection & Report 75.00 53.00 Review Program Documents & Agreements with Tenants 100.00 100.00 New Tenant/s Unit Budget 425.00 382.00 5,346.00 Monthly Assessments/Reports Case Management/Prop. M mt. Fees Fees Monthl a eats - - 25.06 - - - - -25-.08- - *Monthly volunteer monitoring 35.00 25.00 Monthly case management 75.00 75.00 Monthly in-home visits 50.00 50.00 * Household Assessments 185.00 a month 175.00 a month 50,400.00 *Support Services/ Individual *Group Counseling 100.00 250.00 90.00 200.00 16,800.00 3,600.00 *Quarterly Reports 2750.00 2475.00 2,475.00 *Boy's & Girl's Club 35.00-50.00 30.00-35.00 220.00 *Monthly workshops 24 units x 12 months 20.00 month 18.00 month x 24 for 12 months 5,184.00 *Annual Re -certification 100.00 per person 150.00 per unit 3,600.00 *Attend public meetings 150.00 per meeting 125.00 per meeting 500.00 *Additional Services for City 75.00 per hour 65.00 per hour 650.00 * Tenant program termination 150.00 paperwork =< 135.00 paperwork {• 675.00 Line item fees may vary within the budget based on family need assessments * * eviction proceedings by city attorney eviction proceedings by city attorney * Approximate 10% reduction in fees per city request Total Budget $ 89,450.00 YMY OV SAA' RAV ('AI'IS fPAVU (3 J yT .Y'w %+Nt.kve C O m+mmmnin�d mi M`.m+mmn � crrY or snN niAn cnmsranrro 0 NOTIFICATION OF MEETING OF POTENTIAL INTEREST SAN JUAN CAPISTRANO REDEVELOPMENT AGENCY The Board of Directors of San Juan Capistrano Community Redevelopment Agency will meet at 6:30 p.m. on Tuesday, June 16, 2009, in the City Council Chamber in City Hall, to consider: "Consideration of Agreement for Property Management Services for Little Hollywood Rental Units. (Located on Mission and Ramos Streets)(MDM & Associates)" — Item No. B3. If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the Board of Directors through correspondence addressed to the Board and/or by attending the meeting and speaking to the Board during the public meeting. Correspondence related to this item must be received at the City Clerk's office by 5:00 p.m. on Monday, June 15, 2009 to allow time for the Board to consider its content. If you would like to speak at the meeting, please complete a yellow "Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Chairman when the item is considered. You have received this notice at the request of the City staff member Laura Stokes, Housing/Redevelopment Coordinator. You may contact that staff member at (949) 443-6313 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanivancai)istrano.org. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: citvclerk sanivancaaistrano.org. Meg Monahan, MMC City Clerk cc: MDM & Associates 32400 Paseo Adelanto • San Juan Capistrano • California 92675 (949) 493.1171