1.         OTTAWA COMMUNITY HOUSING CORPORATION OPERATING AGREEMENT

 

SOCIÉTÉ DE LOGEMENT COMMUNAUTAIRE D’OTTAWA -ACCORD D’EXPLOITATION

 

 

 

Committee Recommendation

 

That Council approve the proposed Operating Agreement between Ottawa Community Housing Corporation (OCHC) and the City of Ottawa, attached as Document 1, which defines a funding formula for the OCHC Public Housing and redefines the funding formula for the OCHC Section 95 Municipal Non-Profit Housing.

 

 

Recommandation du Comité

 

Que le Conseil approuve l’accord d’exploitation proposé entre la Société de logement communautaire d’Ottawa (SLCO) et la Ville d’Ottawa, présenté dans le document 1 ci-joint, qui définit la formule de financement des logements publics de la SLCO et qui redéfinit la formule de financement des logements municipaux à but non lucratif, article 95 de la SLCO.

 

 

 

Documentation

 

1.   Deputy City Manager's report, City Operations, dated 15 January 2009
(ACS2009-COS-HOU-0001).

 


Report to/Rapport au :

 

Community and Protective Services Committee

Comité des services communautaires et de protection

 

and Council/et au Conseil

 

15 January 2009/ 15 janvier 2009

 

Submitted by/Soumis par: Steve Kanellakos, Deputy City Manager/

Directeur municipal adjoint

City Operations / Opérations municipales 

 

Contact Person/Personne ressource :

Housing/Logement

(613) 580-2424 x 44117  stephen.arbuckle@ottawa.ca

 

City-wide/ à l'échelle de la Ville

Ref N°: ACS2009-COS-HOU-0001

 

 

SUBJECT:

OTtawa Community Housing Corporation Operating Agreement

 

 

OBJET :

SOCIÉTÉ DE LOGEMENT COMMUNAUTAIRE D’oTTAWA -

ACCORD D’EXPLOITATION

 

REPORT RECOMMENDATION

 

That the Community and Protective Services Committee recommend that Council approve the proposed Operating Agreement between Ottawa Community Housing Corporation (OCHC) and the City of Ottawa, attached as Document 1, which defines a funding formula for the OCHC Public Housing and redefines the funding formula for the OCHC Section 95 Municipal Non-Profit Housing.

 

RECOMMANDATION DU RAPPORT

 

Que le Comité des services communautaires et de protection recommande au Conseil d’approuver l’accord d’exploitation proposé entre la Société de logement communautaire d’Ottawa (SLCO) et la Ville d’Ottawa, présenté dans le document 1 ci-joint, qui définit la formule de financement des logements publics de la SLCO et qui redéfinit la formule de financement des logements municipaux à but non lucratif, article 95 de la SLCO.


 

EXECUTIVE SUMMARY

 

The main purpose of developing an operating agreement between the City as Service Manager and OCHC is to streamline and stabilize the funding arrangement for Ottawa Community Housing Corporation (OCHC) and the City.   The intent is that OCHC shall be able to manage its operations on a portfolio basis, while having a predictable and sustainable level of funding. While OCHC is still required to maintain an overall service level standard of 12,272 units of Rent Geared to Income (RGI) housing, it may vary service levels within different housing programs as long as the overall service level is achieved.  Using an established benchmark funding formula that is sensitive to changes in both revenue and costs will ensure that the subsidy is fair and based on supporting data. This agreement provides a more predictable funding process, which brings parity to the Public Housing and Municipal Non-Profit Housing (MNP) programs with other programs within OCHC’s housing stock.  Long term sustainability of the housing portfolio requires that OCHC be able to manage its portfolio the same way other landlords manage their housing stock, including the establishment of reserves to retain year-end surpluses for further needs. It is in the City’s interest to provide a funding formula that allows OCHC to plan for the future and to ensure its viability. 

 

Ottawa Community Housing Corporation (OCHC) is a wholly owned arm’s length corporation of the City of Ottawa responsible for providing over 14,800 units of housing on behalf of the City of Ottawa, 12, 272 (82%) of which are subsidized as Rent Geared to Income (RGI) housing.  

 

OCHC operations are governed under the Social Housing Reform Act (SHRA), which also mandates the role of the City as Service Manager responsible for providing subsidy funding and for monitoring and ensuring that the 55 housing providers in Ottawa, including OCHC, are in compliance with the Act.

 

Currently the City funds OCHC based on 14 different Program Agreements established at the time specific properties were developed under former Federal or Provincial social housing programs.  Some of these agreements dictate that the Service Manager has to approve expenditures over $2,000 from project capital reserves.  Others mandate that some or all of any operating surpluses be returned to the City rather than be retained by the housing provider.  As part of the 14,800 units owned and managed by OCHC they manage 8,618 units of Public Housing, which has been funded based on actual operating costs. This means that the Service Manager is actively involved in scrutinizing OCHC expenditures for that program.

 

Based on discussions and observations of the practices in other Ontario municipalities and in collaboration with OCHC, a recommendation is being proposed to create an Operating Agreement between the City of Ottawa as Service Manager and OCHC that defines Council’s expectations for roles, budgeting and reporting.  The principles of the proposed agreement are that:

 

(a)    OCHC and the Service Manager seek to create a stable and predictable funding model for OCHC in order to mitigate any impacts on tenants;

(b)   OCHC and the Service Manager seek to simplify and harmonize the social housing program structures and funding and reporting requirements;

(c)    OCHC and the Service Manager agree that timely information will be required to fulfill the City’s reporting obligations to the Province of Ontario and other agencies

The Service Manager is expected to manage the City’s funding and budgeting process and to undertake defined oversight of OCHC, including operational reviews and audits of compliance with rent-geared-to-income (RGI) access and income testing aspects of the Act.  The proposed model has been discussed and agreed to by City staff and OCHC staff and Board. 

 

RÉSUMÉ

 

La raison principale pour laquelle un accord d’exploitation est préparé entre la Ville comme gestionnaire de services et la SLCO est de réorganiser et de stabiliser les accords de financement de la Société de logement communautaire d’Ottawa (SLCO) et de la Ville. L’objectif est que la SLCO puisse gérer son exploitation comme s’il s’agissait d’un portefeuille, tout en profitant d’un financement prévisible et durable. Alors que la SLCO doit toujours maintenir une qualité générale de services pour ses 12 272 unités d’habitation dont le loyer est indexé sur le revenu, elle peut moduler les services selon les différents programmes d’habitation pourvu que la qualité globale demeure constante. Une formule de financement de référence établie qui fluctue en fonction des variations du revenu et des coûts permettra de s’assurer que l’aide est équitable et versée sur la foi des données. Cet accord permet un financement prévisible, qui assure la parité entre les programmes de logements publics et de logements municipaux à but non lucratif et les autres programmes de parc de logements de la SLCO. La pérennité du portefeuille de logement exige que la SLCO puisse gérer son portefeuille de la même façon que les autres propriétaires gèrent leur parc de logements, y compris par l’établissement de fonds de réserve pour mettre de côté les surplus de fin d’année en prévision des besoins futurs. Il en va de l’intérêt de la Ville d’offrir une formule de financement qui permet à la SLCO de planifier pour l’avenir et pour assurer sa viabilité.

 

La SLCO est une société entièrement détenue par la Ville d’Ottawa, mais sans lien de dépendance avec elle, responsable de l’offre de 14 800 appartements au nom de la Ville d’Ottawa, et dont 12 272 (82 %) sont subventionnés comme logement à loyer indexé sur le revenu.

 

L’exploitation de la SLCO est régie par la Loi sur la réforme du logement social (LRLS) qui définit aussi le rôle de la Ville comme gestionnaire de service responsable d’offrir le financement subventionnaire et d’assurer la surveillance et de veiller à ce que 55 fournisseurs de logements à Ottawa, dont la SLCO, soient conformes à la loi.

 

Présentement, la Ville finance la SLCO selon 14 accords de différents programmes, établis avec les propriétés de moments précis et élaborés à partir d’anciens programmes d’habitation fédéraux et provinciaux. Certains de ces accords exigent que le gestionnaire de services approuve les dépenses de plus de 2 000 $ prises dans les réserves de capital des projets.


D’autres accords exigent que les surplus, en tout ou en partie, retournent à la Ville au lieu de rester aux propriétaires de logements. Ils gèrent 8 618 appartements de logements publics (plus de la moitié des 14 800 appartements détenus et gérés par la SLCO) qui ont été financés en fonction des coûts réels d’exploitation. Cela signifie que le gestionnaire de service participe activement à l’examen minutieux des dépenses de la SLCO dans le cadre de ce programme.

 

À la suite de discussions et d’observations des pratiques en cours dans d’autres municipalités de l’Ontario et en collaboration avec la SLCO, une proposition sera faite pour créer un accord d’exploitation entre la Ville d’Ottawa comme gestionnaire de service et la SLCO qui définit les attentes du Conseil en ce qui a trait aux rôles, au budget et aux rapports. Les principes de l’accord proposé sont les suivants :

 

(a)         La SLCO et le gestionnaire de service cherchent à créer un modèle de financement de la SLCO stable et prévisible afin de minimiser les conséquences pour les locataires;

(b)        La SLCO et le gestionnaire de service cherchent à simplifier et à harmoniser les structures des programmes de logement social ainsi que les exigences de financement et de reddition de compte;

(c)         La SLCO et le gestionnaire de service s’entendent pour dire que l’information devra être acheminée à temps pour répondre aux exigences de reddition de comptes de la Ville à la province de l’Ontario et aux autres agences.

 

Le gestionnaire de service devrait veiller au financement et à la budgétisation par la Ville et il devrait se charger de surveiller la SLCO telle que définie, y compris les examens de l’exploitation et les vérifications de la conformité des logements à loyer indexé sur le revenu et les aspects relatifs aux revenus inscrits dans la loi. Le modèle proposé a été soumis au personnel de la Ville, à celui de la SLCO et au Conseil, et il a reçu l’aval de toutes les parties.

 

 

BACKGROUND

 

The responsibility for social housing was formally transferred to the City of Ottawa in 2001 with the creation of the Social Housing Reform Act (SHRA or “the Act”), which for the first time provided overarching legislation specific to the funding and management of all publicly funded social housing in Ontario, including rules for how residents access and maintain eligibility for Rent Geared to Income subsidies.

 

On January 1, 2001 the Public Program Portfolio (the former Ottawa Housing Corporation) was transferred to the City. On April 1, 2002 the second and final phase was initiated with the transfer of responsibility for fifty-five (55) Non-Profit and Co-operative Housing Providers, which included the former City Living Non-Profit Corporation. 

 

Ottawa Housing Corporation and the City of Ottawa Non-Profit Housing Corporation were merged into the new Ottawa Community Housing Corporation (OCHC).  OCHC is one of 55 social housing providers the City of Ottawa is legislated to fund and administer, and represents about 60% of the social housing stock in the City and 65% of the subsidized stock mandated by provincial legislation.

Although OCHC is incorporated as a private business corporation, City Council is the sole shareholder of OCHC, and Council has a strong interest in the operations and issues of providing social housing to over 32,000 people. 

 

OCHC is the second largest landlord in Ontario, operating over 14,800 units of housing on behalf of the City of Ottawa, 12,272 (82%) of which are subsidized as rent-geared to income (RGI) housing. OCHC has over 280 staff, and manages over 168 housing properties of which 146 projects are under the administration of the City of Ottawa, as Service Manager, under the SHRA or existing Federal Operating Agreements.  There are additional individual rent supplement units within some of the additional 22 equity projects directly owned and solely administered by OCH.  The book value of OCHC assets is over $397 million (as of December 31, 2006).  The recent Building Condition Assessment study estimates the replacement cost of OCHC housing to be approximately $1.6 billion. 

 

Table 1:  Summary of Social Housing Portfolio by program

 

Program

OCHC

Other Non-Profit and Coop Providers

Private Landlords

Total Service Manager

Number of Social Housing Providers

1

54

N/A

55

Number of Social Housing Projects

168

(146 under administration of the Service Manager)

143

N/A

289

Number of Housing Units:

 

 

 

 

  Public Housing

8,618

0

0

8,618

  Provincial Reformed

2,689

4,068

0

6,761

  s.95 Municipal NP

1,044

113

0

1,157

  s.95 Private NP

0

697

0

697

  s.95 Urban Native

0

225

0

225

  Limited Dividend

1,018

453

0

1,472

  Rent Supplement - Private

0

0

1,613

1,613

  Rent Supplement - NP out of program

278

194

0

472

Service Manager Totals

13,647

5,750

1,613

21,015

Other OCHC Housing Stock (non SHRA):

1,134

0

0

1,134

Federal Cooperatives

0

2,281

0

2,281

Affordable Housing

60

630

30

720

Grand Total

14,841

8,661

1,643

25,150

* The City administers an additional 964 rent supplements on market units within the non-profit portfolio.

 

 

 

 

 

The City acts as the Service Manager under the Provincially legislated Social Housing Reform Act.   The Service Manager oversees both funding of subsidies and compliance with the Act and related operating agreements.  The legislation mandates that the City maintain a Service Level of 16,502 units of rent-geared-to-income housing units.  The Service Manager is accountable to the Province and ensures that housing providers comply with those agreements. The Act also deals with matters such as maintenance of appropriate capital and operating reserves; annual reporting; and policies and processes to manage tenant access to subsidies, including monitoring eligibility.  The Province also retained authority for matters such as disposal or sale of social housing assets and other business decisions affecting the original operating agreements, all of which require Ministerial approval based on recommendations from the Service Manager.

 

DISCUSSION

 

The Housing Programs Division of Social Services is responsible for the City’s legislated role as Service Manager, and is delegated responsibility for fiscal and legislative accountability for the prescribed social housing programs administered by OCHC and all other social housing providers, including bringing forward budget recommendations to Council for the City’s share of required social housing subsidies, and reporting to the Province on overall compliance with legislation.

 

For most social housing programs, including the approximately 37% of OCHC’s portfolio that is not Public Housing (Table 1), subsidy funding is determined via the relevant program agreements for each project. 

Program agreements are the legal contracts put in place by the Federal or Provincial government when the relevant housing projects were built.  There are at least 8 distinct formal programs covering 55 housing providers and 289 distinct housing projects in Ottawa.  In addition, there are 6 rent supplement programs, with units in both social housing and private market housing projects.

 

Annual budget requirements brought forward by the Housing Programs Division of Social Services as Service Manager are in effect required under legislation.  Annual reporting by providers to the Service Manager address compliance with legislation and program agreements, and is subject to Provincial audit.  City Council can choose to exceed those formulas on a case-by-case basis, but the practice has been that any problems or deficiencies inherent within this funding model need to be addressed by asking the Province to change the formulas.  This happened in 2007 when the Province revised its benchmarking formula  (funding baseline, revenue and cost factors) for the 2,689 units under the SHRA Provincial Reformed funding program.  The Service Manager also recently revised program funding agreements for relevant programs allowing providers to retain the share of operating surplus that otherwise is supposed to be returned to the Service Manager.  The intent is that the City’s share of operating surpluses should be used to help address the growing capital repairs issues in social housing.


Public Housing

 

The exception to this formula driven funding and administration of social housing is the 8,618 units of Public Housing from the former Ottawa Housing Corporation, now operated by OCHC as the Local Housing Corporation (LHC).  Unlike all other social housing programs, subsidy funding for Public Housing is not prescribed under legislation, and is currently based on actual operating costs.  OCHC is not currently allowed to maintain an operating surplus or capital reserves for this portion of their housing portfolio.

 

This means that subsidy funding for both operating and capital repairs is budgeted each year, and accounts are reconciled in the following fiscal year based on audited costs.  Any operating surpluses are returned to the City, and any allowable costs over budget are paid as additional subsidy.  This has meant that the Service Manager has been more actively involved in overseeing the financial status, and to some extent, the operations of this portion of the OCHC housing stock.  As a result, much time has been spent reconciling actual subsidies to actual costs, which delays development of following years budgets, and creates significant fiscal uncertainty and risk for both OCHC and the City.

 

It also results in increased uncertainty for both the City and OCHC that impinges on the ability to plan for the longer term.

 

In mid-2006, discussions resumed between the Housing Programs Division and OCHC staff towards a more fiscally sustainable and operationally appropriate relationship. In particular, the additional oversight, uncertainty and risk engendered by the way the Public Housing component of the portfolio was being funded were raised as a concern.

 

In general terms, the intent was to move towards a benchmarked budget, based on a reasonable baseline that would be increased based on defined revenue and cost factors. 

 

City staff and OCHC staff agree that establishing a more predictable funding process is necessary.  Long-term sustainability of this stock requires that OCHC be able to manage their portfolio the same way other landlords manage their housing stock, including retention of year-end surpluses for future needs. 


Table 2:  Public Housing Subsidies/Costs (all $ amounts expressed in millions)

 

 

2002

2003

2004

2005

2006

2007 (unreconciled)

2008 (Budget)

Operating Subsidy

$4.80

$6.93

$6.94

$8.53

$8.45

$12.01

$14.58

Capital Subsidy

$5.58

$6.63

$6.63

$6.63

$6.63

$8.15

$8.30

Debentures Subsidy

$10.44

$10.44

$10.44

$10.44

$10.44

$10.44

$10.44

Total Subsidy

$20.81

$24.00

$24.01

$25.60

$25.51

$30.60

$33.32

Federal Funding

$12.37

$12.37

$12.37

$12.37

$12.37

$12.37

$12.37

Municipal Funding

$8.44

$11.63

$11.64

$13.23

$13.14

$18.23

$20.95

Total Other Revenues

$35.38

$35.13

$35.31

$35.16

$35.40

$35.39

$35.76

Total Operating Expenses

$55.81

$59.20

$60.04

$61.40

$62.13

$66.29

$68.75

 

As noted above, the Service Manager has already moved towards a more sustainable model for all programs, including the beginning of a “block funding” approach for Public Housing.  In short, this means defining a base budget and recommending that Council agree to increase the amount of funding by an agreed annual cost factor rather than the actual costs model currently used for public housing.

 

For the 2007 City budget, staff recommended funding for Public Housing be increased by $5.1 Million (34%), including an additional $1.5 million increase to the baseline budget for capital repair subsidies, consistent with the proposal from OCHC noted above.  This was increased by an additional $2.7 Million for 2008.  Council as part of the annual budget process approved both increases.

 

Other funding solutions provided to OCHC in 2007 include an additional $2.1 million payment to operate OCHC’s “Safer Communities” program, which freed up operating funding across the whole OCHC portfolio.  In mid 2007, the City took over direct funding of the Centralized Waiting List for social housing, freeing up approximately $336,000 in operating subsidies.  Subject to developing a revised funding agreement, the intent is to allow OCHC to keep operating surpluses that result from these budget increases, on the understanding that these funds will be used to address capital repair needs across the portfolio.

 

Staff strongly recommend that the funding model be enshrined in an Operating Agreement that clearly specifies the expected roles of Council, the Service Manager and OCHC, and documents how budgets will be developed and funded.  A proposed Operating Agreement is discussed below and attached as Attachment 1.


Operating Agreement

 

The Operating Agreement changes how the subsidy for Public Housing is calculated by changing it to the Provincial Reformed funding formula model.

 

The Section 95 Municipal Non-Profit Housing program is currently formula driven but the formula is flawed which has resulted in perennial deficits. By this Agreement, the Section 95 MNP housing will also be funded according to the Provincial Reformed funding formula. The funding formula for the Provincial Reformed housing is based on benchmarks that were established through a rigorous process across the province. They provide for individual revenue and cost benchmarks established using actual provider specific historic financial information, that are adjusted annually based on various indices as set out by the province which are reflective of the local situation.

 

The Operating Agreement achieves the following:

·      Moves the Section 95 MNP and Public Housing to the Provincial Reformed funding model as defined through the SHRA. This funding formula reflects both changes in revenue and expenses so that subsidies are adjusted according to set annual indices that are reflective of current market conditions;

·      Creates more predictable year-to-year funding that will result in long-term sustainability of the housing portfolio, which benefits both the City and OCHC and the residents.

·      Defines information and reporting requirements, which allows the City to have appropriate oversight in its role as Service Manager while OCHC is able to manage the day-to-day operations.

·      Allows operating and capital reserves for the Public Housing portfolio and allows an operating reserve for the Section 95 MNP portfolio (capital reserves already exist), which assists OCHC to address in-year expense fluctuations;

·      Provides equitable treatment for the Section 95 MNP, Public Housing and Provincial Reformed portfolios;

·      Allows OCHC to manage on a portfolio wide basis while maintaining the established service level standards for the number of units of RGI.

 

Therefore, staff recommend that Council adopt the attached Operating Agreement (Document 1) between OCHC and the City of Ottawa which defines the funding model for the Public Housing program and redefines the funding model for the Section 95 Municipal Non-Profit Housing Program.

 

The 2009 subsidy budget associated with changing the funding model for Public Housing to a benchmark funding formula program is consistent with the 2009 budget presented to Council in December 2008. Funding for Public Housing is currently at Council’s discretion, although the City is required to maintain service level standards for the administration of RGI housing. Public Housing contributes significantly toward achieving these targets. 

This report is recommending that Public Housing be funded   based on a funding formula that is equivalent to other legislated social housing programs.  This means that future costs for social housing subsidies will increase or decrease according to a prescribed revenue and cost factor formula. 

 

The subsidy budget associated with redefining the funding model for the Section 95 Municipal Non-Profit Housing Program is at no additional cost to the City, as it is contained within the legislative budget increases for Non-Profit Housing in the 2009 budget presented to Council in December 2008.

 

Legal Services Comment

 

An operating agreement between the City and OCHC was originally contemplated by City Council on July 24, 2002 when City Council approved the recommendations of the Health Recreation and Social Services Committee as set out in Report 28 of the Committee, Item no. 5 entitled “Recommended Shareholder Direction for the Ottawa Community Housing Corporation” (“HRSS Report 28”).

 

 HRSS Report 28 highlights the two roles that the City has in relation to OCHC; the first role as shareholder and the second role as Service Manager under the Social Housing Reform Act, 2000. The Shareholder Direction addresses the accountability of OCHC to the City as its shareholder. The purpose of the Shareholder Direction is to provide an overall framework of how OCHC is expected to operate its entire portfolio. In HRSS Report 28 the purpose of the operating agreement between the City and OCHC is described as follows:

 

An operating agreement between the Service Manager and OCHC will be developed to govern much of the Corporation’s housing stock…. With respect to OCHC’s rent-geared-to-income units, an operating agreement between the Service Manager and OCHC will govern the level and operation of these units.

 

The attached version of the Operating Agreement (Document 1) has been the subject of discussions and negotiations between OCHC and the City since at least June 14, 2007 and City Legal Counsel has been actively involved in these discussions and negotiations.

 

Pursuant to the provisions of the Social Housing Reform Act, 2000, (the “SHRA”) the Service Manager only has a “duty” to pay subsidies that are calculated in accordance with the benchmarking formula set out in sections 102 to 111 of Part VI of the SHRA to housing providers who operate housing projects that are subject to part VI of the SHRA (in the Operating Agreement these projects are referred to as the “Provincial Reformed” stock).  The Operating Agreement goes further and provides that the annual subsidies for the 8,618 Public Housing units and the 1,044 Section 95 Municipal Non Profit units are to be calculated according to the benchmarking formula that is set out in sections 102 to 111 of Part VI of the SHRA (reference section 4.2 of the Operating Agreement).


If City Council wishes to change the funding formula that is set out in the Operating Agreement then the City would need to amend or terminate the Operating Agreement in accordance with section 10.18 of the Agreement that requires 180 days written notice prior to June 30th in any calendar year, failing which the provisions of the Agreement apply during the following calendar year.

 

CONSULTATION

 

The Operating Agreement has been developed through collaboration between City Staff, OCHC Staff and their respective Legal Councils.  The agreement has been discussed with the OCHC Board of Directors and their Chair Diane Holmes. The OCHC Board endorsed this agreement at their December 18, 2008 Board meeting. 

 

FINANCIAL IMPLICATIONS

 

Changing the funding model for the OCHC public housing portfolio to a benchmarked funding formula agreement will not impact the 2009 budget adopted by Council.

 

Future year financial impacts will depend on how closely those costs and revenues that are benchmarked reflect (and are updated to reflect) the actual operating costs and revenues, since under the proposed agreement, a share of operating surpluses would be allowed to be retained by OCHC for the purposes of maintaining operating and capital reserves, rather than being returned to the Service Manager.

 

SUPPORTING DOCUMENTATION

 

Document 1:           Proposed Operating Agreement between the City of Ottawa and Ottawa Community Housing Corporation.

 

DISPOSITION

 

The City Operations Department will action any direction received as part of consideration of this report.

 


Document 1

 

 OPERATING AGREEMENT

This Agreement made in triplicate, dated this           day of                               , 2009

(The City will insert the date that this agreement is signed on behalf of the City of Ottawa)

 

BETWEEN:

 

CITY OF OTTAWA

(the “City”)

OF THE FIRST PART

 

and

 

OTTAWA COMMUNITY HOUSING CORPORATION

(“OCHC”)

OF THE SECOND PART

 

WHEREAS:

  1. The City, in its role and function as service manager under the provisions of the Social Housing Reform Act, 2000, is responsible for the administration and funding of housing programs in the City of Ottawa;
  2. The General Manager of Social Services of the City is the Administrator as provided for in Section 15 of the Social Housing Reform Act, 2000 with authority to perform all of the duties and to exercise all of the powers with respect to the Service Manager’s service area under the Social Housing Reform Act, 2000;
  3. Ottawa Community Housing Corporation (“OCHC) is the Local Housing Corporation in the City of Ottawa under the provisions of the Social Housing Reform Act, 2000;
  4. The City has two roles in relation to OCHC, one as shareholder and the other as Service Manager under the Social Housing Reform Act, 2000.  On July 24, 2002, City Council approved a Shareholder Direction to define the relationship between OCHC and the City of Ottawa as its sole shareholder. A Shareholder Direction, in the form approved by City Council, was signed by the authorized representatives of the City of Ottawa on September 25, 2002 and approved by the Shareholder at its meeting on August 28, 2002. The Direction was amended on July 14, 2004.  The Shareholder Direction addresses the accountability of OCHC to the City as its Shareholder and provides an overall framework of how OCHC is expected to operate all of its portfolio.
  5. The housing properties of OCHC are integrated such that OCHC owns, leases or manages a large housing portfolio of projects built over a period of several years under various funding programs;
  6. It is the intention of the parties that housing programs under which OCHC operates will be administered under the following principles:
    1. both parties will seek to create stable and predictable funding for OCHC;
    2. both parties will seek to simplify and harmonize the social housing program structures and funding;
    3. the City will require timely information required to prepare budgets and to fulfill its reporting obligations to the Province of Ontario and other agencies.
  1. The funding provisions set out in this agreement are to commence on January 1, 2009, the beginning of OCHC’s fiscal year. 

THEREFORE, the parties agree as follows:

 

1.0       INTERPRETATION

 

            1.1       Definitions under the Act and Regulations

In this Agreement, unless there is something in the subject matter or context inconsistent therewith, terms and expressions used in this Agreement that are defined terms and expressions under the Act or Regulations shall have the same meaning as in the Act or Regulations.

 

1.2       Definitions under this Agreement

“Act” means the Social Housing Reform Act, 2000 of the Province of Ontario, and any statute that may be substituted therefore, as may be amended from time to time;

 

“Annual Information Return” means such social housing annual information return as may be prescribed under the Act.

 

“Auditor” means a person appointed by the City to conduct an audit or investigation of OCHC, pursuant to the provisions of this Agreement or the Auditor General of the City of Ottawa.

 

“Effective Date” means January 1, 2009.

 

“Federal Operating Agreement” means an operating agreement to which the Government of Canada or Canada Mortgage and Housing Corporation was a party under a prescribed housing program, as may be amended from time to time.

 

“Housing Program” means one of the programs listed in Table 1 of Ontario Regulation 368/01 of the Act and may be referred to in this Agreement as the program category number used in that table;

 

“Housing Properties” for the purpose of this Agreement means Housing Projects as defined within the Act.;

 

“MMAH” means the Ontario Ministry of Municipal Affairs and Housing, Province of Ontario

 

“Non-Profit Rent Supplement Agreement” means an operating agreement under a rent supplement program administered by the City with respect to units in housing properties owned, leased or operated by OCHC.

 

“Portfolio” means those housing properties owned, leased or managed by OCHC and funded and administered under a housing program.

 

“Public Housing” means the  8,618 units in the housing projects formerly owned by Ottawa Housing Corporation, the Government of Ontario or Ontario Housing Corporation under the Housing Programs being program category number 1a in Table 1 of Ontario Regulation 368/01 and listed in Ontario Regulation 369/01 Schedule 7, Items 1-62.

 

“Regulations” means regulations made pursuant to the Act, and any regulations that may be substituted therefore, as may be amended from time to time.

 

“The City of Ottawa Housing Provider Service Agreement (2003)” means the agreement between the City and OCHC pursuant to Section 16 of the Act in respect of certain duties and powers of the Service Manager as set out in Part V of the Act a copy of which is attached to this agreement and marked as Schedule “A”.

 

“Shareholder” means the City of Ottawa as sole Shareholder of OCHC.

 

“Shareholder Direction” means the Shareholder Direction approved by City Council as Shareholder of OCHC on August 28, 2002, as amended at the annual general meeting of OCHC that was held on July 14, 2004 and as may be further amended from time to time.

 

“Term” of this agreement means January 1, 2009 until such time as this agreement is terminated in accordance with the provisions of this agreement.


 

2.0               NUMBER OF RENT-GEARED-TO-INCOME UNITS AND MODIFIED UNITS

 

2.1               Number of Rent-Geared-to-Income Units (Service Level Standards)

OCHC shall ensure that it provides the required number of households receiving rent-geared-to-income assistance under Part V of the Act, as confirmed through the annual reporting process. Legislated Service Level Standards are, by program: Public Housing: 8,612

Provincial Reformed: 2,606

Section 95 Municipal Non Profit: 660

Rent Supplements: 394

OCHC will ensure that the overall service level standard of 12,272 units is achieved and maintained at the required level. Program service levels may vary as long as the total service level is achieved.

 

 The above-mentioned units are identified for the purpose of legislated service level standards only. There are additional units within each program and within the OCHC portfolio which may  include separate Rent Supplement agreements, as outlined in 4.1 below.

 

2.2       Increase or Decrease Either party may request an increase or decrease the number of households referred to in Section 2.1 of this Agreement by the number specified by notice after mutual consultation upon not less than three (3) months prior notice.  Funding will be adjusted to enable administration and operation of additional subsidy units, where both parties have agreed to a change.  Such an increase or decrease will be phased in as agreed by the parties.

 

2.3       Number of Modified Units

OCHC shall ensure that it provides a minimum of 204 modified units  as confirmed through the annual reporting process.   OCHC will not decrease the number of modified units without the City’s prior written permission.

 

3.0              OPERATION AND MANAGEMENT OF HOUSING PORTFOLIO

 

3.1              Generally

OCHC shall carry on its business and exercise its powers in compliance with its incorporating documents and by-laws, the Act, the Regulations, the Shareholder Direction, and all Federal Operating Agreements and Non-Profit Rent Supplement Agreements, The City of Ottawa Housing Provider Service Agreement (2003) and this agreement.


 

3.2              Compliance with City of Ottawa Housing Provider Service Agreement (2003)

The Parties agree that they shall comply with the provisions as outlined in The City of Ottawa Housing Provider Service Agreement (2003) as amended from time to time .

 

3.3              Operating Requirements

OCHC shall operate and manage its public housing subject to the provisions of Part VI of the Act and Ontario Regulation 339/01 in accordance with that Act and the Regulations, with respect to the following matters:

(a)                 compliance with the prescribed conflict of interest provisions;

(b)                 compliance with property management provisions;

(c)                 compliance with eligibility rules, occupancy standards, priority rules and selection of households;

(d)                 participation in the centralized waiting list system;

(e)                 entering into leases and occupancy agreements and calculation of rent for all rent-geared-to-income units;

(f)                   compliance with mandates;

(g)                 compliance with the retention of records;

(h)                 compliance with the provisions of annual reports;

(i)                   permitting the City to carry out an audit or investigation;

(j)                   permitting the City to carry out its remedies.

 

3.4              Restrictions by Transfer Order concerning OCHC Housing Properties operating under Federal Operating Agreements

 

The parties acknowledge that, pursuant to the terms of the transfer order(s) transferring the administration and funding of Federal Operating Agreements to the City, and in respect of that part of the portfolio that is subject to Federal Operating Agreements:

(a)                 the Minister retains the right to amend the reporting requirements imposed to OCHC;

(b)                 the City may however impose additional reporting requirements on OCHC;

(c)                 the City shall not, without prior written consent of the Minister, provide the City’s consent for any transfer, lease or disposition of or offer to list, advertise or hold out for transfer, lease or disposal of a housing property, or any part of it, that is subject to a mortgage insured under the National Housing Act;

(d)                 the City shall not, without the prior written consent of the Minister, provide the City’s consent for altering any condition or state of the property, excluding repairs and maintenance, against which a mortgage insured under the National Housing Act is registered;

(e)                 the City shall not, without prior written consent of the Minister, provide the City’s consent for amalgamating any projects, providers or properties, any one of which is subject to a mortgage insured under the National Housing Act;

(f)                   the City shall not, without the prior written consent of the Minister, exercise any mortgage remedies against any project of OCHC, or agree to any amendment of the existing mortgage terms and conditions, where such mortgage is guaranteed by the Ministry;

(g)                 OCHC is required to complete an Annual Information Return (AIR) as set out by the City; and

(h)                 the City shall not approve any new or replacement mortgage by OCHC on a housing property, or any part of it, without prior consent of the Minister.

 

4.0              SUBSIDY FUNDING

 

4.1              Preamble

One of the purposes of this agreement is to streamline and stabilize the funding arrangement for OCHC.   The intent is that OCHC shall be able to manage its operations on a portfolio basis while having a predictable and sustainable level of funding. 

 

4.2              Funding Model for Provincial Reformed, Public Housing and Section 95 Municipal Non-Profit Programs:

By this agreement, and by the powers entrusted to the Service Manager by the Act, the parties agree that the level of funding for all of OCHC’s Public Housing and Section 95 Municipal Non-Profit stock shall be calculated in the same manner that the City is currently required (i.e. pursuant to sections 102 to 111 in Part VI of the SHRA) to calculate the annual subsidy for the Provincial Reformed stock This means that the City will use  the benchmarking formula  set out in sections 102 to 111 of Part VI of the SHRA , as amended by sections 24 to 34.2 of Ontario Regulation 339/01 of the SHRA, to calculate the annual subsidy that the City is to pay to OCHC for all of OCHC’s Public Housing stock and Section 95 Municipal Non-Profit Stock . Ongoing changes in subsidy funding will follow the SHRA Part VI funding model formula as established by the MMAH. This funding model uses annually updated indices that reflect changes in both revenue and expense benchmarks. The SHRA benchmark funding model remains in place for the Provincial Reformed properties. As such, all three programs will be subsidized under the same funding formula. This provides a more predictable funding model, one that allows both the City and OCHC to sustain adequate, predictable funding and OCHC to maintain both Operating and Capital reserves on an ongoing basis.

 

OCHC Programs and funding arrangements covered within this operating agreement:

 

The subsidy funding for the following OCHC housing program remains unchanged:

1. Provincial Reformed – 2,689 units. The SHRA benchmark-funding model remains in place for the Provincial Reformed program.

 

As identified above the subsidy funding method for the following OCHC housing programs has been revised effective January 1, 2009:

1. Public Housing – 8,618 units.

2. Section 95 Municipal Non Profit – 1,044 units.

 

The 2009 subsidy benchmarks for the Public Housing and the Section 95 Municipal Non Profit programs are attached in Schedule B.

 

4.3       Funding Model, - Limited Dividend Federal and Equity Programs:

The following OCHC housing programs remain outside of this operating agreement:

1. Limited Dividend Federal 1,018 units. Subsidy funding remains as before through independent rent supplement agreements, which may be amended from time to time with the mutual consent of both parties.

2. Equity – 1,412 units. Subsidy funding remains as before through independent rent supplement agreements, which may be amended from time to time with the mutual consent of both parties.

 

4.4       Establishment of Revenue and Expense Benchmarks for Public Housing and Section 95 Municipal Non Profit stock

It is acknowledged that the Housing Branch, City of Ottawa and OCHC have worked together to develop the benchmarks required for the implementation of the funding formula. The revenue and expense benchmarks have been established using a methodology consistent with that used for the Provincial Reformed portfolio legislated funding model implementation in 2006.

 

4.5       Annual Subsidy Estimate Request

OCHC shall provide the City with its subsidy estimates no later than October 1st for the following calendar for the properties funded under the three programs identified in 4.1 above and being the Public Housing, Section 95 Municipal Non-Profit and Provincial Reformed.

 

4.6       Annual Subsidy Estimate Confirmation

The City shall provide OCHC with confirmation of the annual subsidy estimate for the properties funded under the three programs identified in Section 4.1 above no later than December 1st for the following calendar year. The City agrees that, pursuant to this Agreement, the level of funding for the Public Housing Stock shall be set using the benchmarking formula set out in sections 102 to 111 in Part VI of the SHRA, as amended by sections 24 to 34.2 of Ontario Regulation 339/01 of the SHRA, and that this level of funding shall be maintained by City Council unless this Agreement is amended or terminated pursuant to section 10.18 of this agreement.  

 

4.7       Annual Budget

OCHC shall provide the City with its Board-approved budget for the entire OCHC portfolio for the following calendar year, once approved.

 

4.8       Annual Reconciliation

OCHC shall provide the Annual Information Return and financial statements by May 31st for the previous fiscal year. Once received, the year-end RGI subsidy, mortgage payments and property taxes will be reconciled to the actual amounts as reported in the Annual Information Return and financial statements.

The City shall provide OCHC with a final financial reconciliation by November 1st for the previous fiscal year.  

 

4.9       Redevelopment of the Portfolio

Any additional funds required for redevelopment of the portfolio would be subject to authorization by City Council.

 

4.10     Payment Schedule

 Payments of the subsidy funding shall be made in equal monthly instalments on the first business day of the month, with monthly adjustments for increased or decreased mortgage payments based on actual renewals.

 

4.11     Dispute Resolution

If either party disagrees with the subsidy calculation, they will follow the dispute resolution process as set out in 12.05 of the City of Ottawa Housing Provider Service Agreement (2003) or as amended from time to time.

 

5.0              REPORTS, RECORDS

 

5.1              Annual Information Return

OCHC shall give the City, within five (5) months of the end of its fiscal year, completed annual reporting requirements and audited financial statements in a form acceptable to the Housing Branch, City of Ottawa.

 

Both parties acknowledge that an Annual Information Return is currently required for the Public Housing, Section 95 Municipal Non Profit, and Provincial Reformed programmes along with those units covered within Rent Supplement Agreements.  Accordingly, the parties acknowledge that they may be required to comply with the reporting requirements under the Act unless the Minister approves an alternate reporting format. 


 

6.0       DEFAULT

 

6.1              Triggering Events

OCHC agrees that the triggering events listed in Section 115 of the Act shall apply to all of OCHC’s housing properties subject to the Act and to the Public Housing and Section 95 Municipal Non-Profit, and that all the City’s remedies contained in Part VI of the Act, and all of the provisions of the Act and Regulations in connection with such remedies, shall apply to those properties.  OCHC shall comply with all of the obligations of a housing provider under Part VI of the Act in connection with the City’s exercise of such remedies.

 

6.2       Additional Triggering Events

The parties agree that the following events shall be deemed to be triggering events for the purpose of this agreement

(a)                 a breach of a Federal Operating Agreement;

(b)                 a breach of a Non-Profit Rent Supplement Agreement;

(c)                 a breach of this agreement.

 

6.3  Remedies

The parties agree that if a triggering event listed in Section 115 of the Act occurs, or a triggering event for the purposes of this agreement occurs, the City may, subject to the prior approval of the City as Shareholder for any action that requires Shareholder approval, exercise any one or more of the following remedies:

(a)                 the remedies contained in Part VI of the Act, with the necessary changes in connection with public housing and housing properties operating under Federal Operating Agreements and Non-Profit Rent Supplement Agreements;

(b)                 the remedies contained in a Federal Operating Agreement;

(c)                 the remedies contained in a Non-Profit Rent Supplement Agreement;

(d)                 remedy such default on behalf of OCHC;

(e)                 suspend or terminate the Schedule;

(f)                   exercise any other remedy it has in law or equity.

 

6.4  Notice

The City shall not exercise a remedy under this agreement unless:

(a)                 the City has given OCHC notice specifying the particulars of the triggering event; the activities that OCHC must carry out or refrain from carrying out or the course of action that OCHC must take or refrain from taking; and a reasonable period of time within which OCHC must remedy such default; and

(b)                 OCHC fails to comply with the notice.


 

6.5  Remedies Cumulative

All of the remedies and rights of the City under the Act, the Regulations, the Shareholder Direction, the Federal Operating Agreements, the Non-Profit Rent Supplement Agreements, in this Agreement or otherwise available in law or equity are cumulative and no right or remedy is intended to be exclusive.  Each right or remedy shall be exercisable by the City in its sole and absolute discretion, and each right or remedy shall be in addition to every other right or remedy available to the City from time to time.

 

7.0              AUDIT

 

Without limiting the audit provisions in (9.4) of the Shareholder Direction, OCHC shall permit the Auditor at any time during the Term of this agreement and for seven (7) years after its expiry or termination, and during OCHC’s usual business hours, to review all of OCHC’s materials, records and other documents relating to this agreement, and to enter and inspect any of OCHC’s housing properties at any reasonable time, provided that the City gives OCHC reasonable notice of its intention to do so.

 

8.0              NOTICES

 

Any approval, consent, notice, communication, request, demand or document required or permitted to be given under this agreement (“Notice”) to either party shall be sufficiently given if it is in writing and delivered by hand, fax or mail to the parties at the following addresses:

 

City:                 City of Ottawa

                        Housing Programs

                        Social Services Department

                        100 Constellation Crescent

                        8th Floor East

                        Nepean, Ontario

                        K2G 6J8

 

                        Attention:   General Manager, Social Services

                        Fax:  (613) 580-2648

 

OCHC:            Ottawa Community Housing Corporation

                        39 Auriga Drive

                        Nepean, Ontario

                        K2E 7Y8

 

                        Attention:  Chief Executive Officer

                        Fax:  (613) 731-4463


 

If any Notice is so given, it shall be deemed to have been received on the date of delivery if delivered by hand, on the next business day if transmitted by fax, and on the third business day following the date of mailing.  Any party may, from time to time, by Notice given as provided above, change its address for the purpose of this Section.

 

Any Notice permitted or required to be given by the City may be given by the General Manager, Social Services City of Ottawa, from time to time, his or her successor, or his or her designate(s) from time to time (collectively, the “General Manager”).  However, the General Manager specifically reserves the right to submit the issue of the giving of any Notice, or of the contents of any Notice, to City Council for its determination.

 

9.0              COMMUNICATIONS WITH THE MINISTRY AND THE CITY

 

9.1              Ministry

Any matter under the Act or Regulations that requires OCHC to seek the prior consent of the Minister shall be referred by OCHC to the City for service manager consent. 

Without limiting the generality of the foregoing, OCHC shall obtain the City’s prior consent, and the City shall, on behalf of OCHC, seek the Minister’s consent with respect to any of the following:

(a)                the disposition, mortgaging, encumbering, developing or redeveloping, or granting an interest in any real property transferred by a transfer order, pursuant to Subsection 50(1) of the Act, unless such transaction is an exception described in Subsection 50(2) of the Act;

(b)               the transfer, lease or other disposition of or the offering, listing, advertising or holding out for transfer, lease or other disposition of a housing property or any part of it, including any chattels in it, pursuant to Subsection 95(1) of the Act, unless such transaction is an exception described in Subsection 95(2) of the Act;

(c)                mortgaging, replacing or an existing mortgage, or otherwise encumbering a housing property, or the extension of the term of or otherwise amending any existing or approved mortgage or other encumbrance of the housing property, pursuant to Subsection 95(3) of the Act, unless such transaction is in compliance with paragraph 95(3)(a);

(d)               authorizing the phase-in of the reduction in the subsidy and setting a schedule for phasing in the reduction over a series of years, pursuant to Subsection 103(5) of the Act;

(e)                determining final amounts for benchmark revenue, operating costs, affordable mortgage payments, and benchmark market rents, pursuant to Subsection 104(5) of the Act;

(f)                 amending the benchmark operating costs in respect of its housing properties, pursuant to Subsection 107(3) of the Act;

(g)                entering into a new debt repayment schedule with the Minister pursuant to Section 109 of the Act;

(h)                seeking any exemption from any of the requirements of the Act or Regulations.

 

Any matter under this Agreement that requires the City to seek the approval of the Minister may be submitted to City Council by the  General Manager, Social Services, City of Ottawa, for its determination, and in that event, the provisions of this Agreement pertaining to Ministerial approval shall be subject to City Council’s determination.

 

9.2              City

All formal communications and dealings between the City and OCHC, as parties to this agreement, shall be made in the manner provided by Section 8.0 of this agreement.  No communication or dealing between OCHC and any department, committee, or body functioning under the administration of the City shall be deemed to be a communication or dealing under the provisions of this Agreement, or to effect the City with notice of any such communication or dealing under this Agreement, unless made in the matter provided by Section 8.0 of this Agreement.  No communication or dealing between OCHC and the City as a party to this Agreement shall relieve OCHC from the responsibility of discharging its lawful obligations to the city imposed by statute, regulation, by-law or by any other lawful manner separate and apart from the obligations imposed by this Agreement.

 

Any matter that requires OCHC to seek the consent of the service manager shall be brought to the attention of the City by notice from OCHC, in accordance with Section 8.0 of this Agreement.

 

OCHC agrees to notify the service manager when OCHC seeks Shareholder approval under the Shareholder Direction if the approval sought relates to the service manager’s duties and functions under the Act.  Such notice shall be in accordance with the provisions of Section 8.0 of this Agreement.

 

10.0     GENERAL

 

10.1          Compliance with Shareholder Direction, etc.

Nothing in this agreement shall relieve OCHC from its obligations and duties under the Shareholder Direction, the Act, the Regulations, its incorporating documents and by-laws, the Federal Operating Agreements and the Non-Profit Rent Supplement Agreements.

 

10.2          No Restrictions on City

Nothing in this Agreement shall be construed as limiting the powers and remedies of the City under the Shareholder Direction, the Act, the Regulations, the Federal Operating Agreements and the Non-Profit Rent Supplement Agreements or otherwise available to the City, from time to time.


 

10.3          Amendments to Federal Operating Agreements and Non-Profit Rent Supplement Agreements

The parties agree that if any provisions of this Agreement are inconsistent with Federal Operating Agreements or Non-Profit Rent Supplement Agreements, such Federal Operating Agreements and Non-Profit Rent Supplement Agreements shall be deemed to have been amended by the parties in accordance with the provisions of this Agreement.

 

10.4          Amendment to Provincial Accountability Rules

The parties agree that if any provisions of this Agreement are inconsistent with the provincial accountability rules prescribed in Ontario Regulation 644/00 pursuant to Section 32 of the Act, such provisions of this Agreement shall be deemed to be amendments, deletions or additions to the provincial accountability rules and shall be effective as of the Effective Date.  To the extent that any provincial accountability rule is not inconsistent with the provisions of this Agreement, the parties shall continue to be bound by such provincial accountability rule.

 

10.5          Amendments

No modification or amendment to this Agreement shall be made unless agreed to by the parties in writing.

 

10.6          Successors

This Agreement shall be binding and inure to the benefit of the parties and their respective successors.

 

10.7          Assignment

OCHC shall not assign any or all of its rights or any or all of its obligations under this Agreement to any person without the prior written consent of the City.

 

10.8          No Interference

All rights and benefits and obligations of the City under this Agreement shall be rights, benefits and obligations of the City in its capacity as a service manager under the Act and shall not derogate from or interfere with or fetter the rights, benefits and obligations of the City in its functions and capacity as a municipal corporation.

 

10.9          Further Assurances

Each of OCHC and the City shall execute and deliver all such further documents and do such further acts and things as the other party may reasonably request from time to time to give full effect to this Agreement.

 

10.10      Waivers and Consents

No term or provision of this Agreement shall be deemed waived and no breach consented to, unless such waiver or consent shall be in writing and signed by an authorized member or staff of the party claimed to have waived or consented.  No consent by a party to, or waiver of, a breach under the Agreement shall constitute a consent to, waiver of, or excuse for any other, different or subsequent breach.

 

10.11      No Partnership or Joint Venture

This Agreement is not intended to create, nor does it create, a joint venture or partnership between OCHC and the City.  OCHC is an agent of the City only for the limited purposes provided for in the Act.  It is acknowledged and agreed that OCHC does not acquire any right, title or interest in any property of the City by virtue of this Agreement.

 

10.12      Invalidity

If any part of this Agreement is held or rendered invalid or illegal by a court of competent jurisdiction, the remainder of this Agreement continues to apply.

 

10.13      Headings

The headings in this Agreement are for convenience of reference only and shall not affect the construction or interpretation of this Agreement.

10.14      Time

Time shall be of the essence of this Agreement.

 

10.15      Number and Gender

In this Agreement, words in or implying the singular include the plural and vice versa, and words having a gender include all genders.

 

10.16      Effective Date

This Agreement shall be in effect as of the Effective Date.

 

10.17      City of Ottawa Housing Provider Service Agreement (2003).

The City of Ottawa Housing Provider Service Agreement (2003) delegates certain duties and powers of the Service Manager as set out in Part V of the Act, including income testing for housing properties . The parties agree that all of the terms of The City of Ottawa Housing Provider Service Agreement (2003) and as amended from time to time shall continue in full force and effect and shall be binding upon the parties hereto.

In the event of a conflict between the terms of this agreement and the terms of the Housing Provider Service Agreement (2003), the terms of this agreement shall prevail.

 

10.18 Termination of Agreement; Either party may terminate this Agreement at any time without cause upon not less than one hundred and eighty days (180) days written notice to the other party. That notice may only be given prior to June 30th in any calendar year failing which the provisions of this Agreement shall apply during the following calendar year notwithstanding any subsequent notice of termination.


 

IN WITNESS WHEREOF each party to this agreement has caused this agreement to be executed by a person who is fully and completely authorized to sign this agreement on behalf of the party that is shown above the person’s signature.

 

            CITY OF OTTAWA

 

 

            Per:____________________________

            Name: 

                        Title:   

            I have authority to bind the Corporation

 

            OTTAWA COMMUNITY HOUSING                                                        CORORATION

 

            Per:______________________          Per:__________________

            Name:  Jo-Anne Poirier                        Diane Holmes

            Title:    Chief Executive Officer Chair, Board of Directors

            I have authority to bind the Corporation         I have authority to bind the Corporation

 


SCHEDULE B

 

2009 Subsidy estimate for Public Housing:

 

SERVICE MANAGER: City of Ottawa

 

 

 

 

 

 

 

 

 

 

HOUSING PROVIDER: Ottawa Community Housing Corporation

Group #

E00049

PROGRAM: Public Housing

Total # Units

8,618

Eastern Region

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Line

SUBSIDY ESTIMATE

2009

Calculations

Provider Totals

L1

Market Rents @ 100 % Occupancy

 

$86,956,860

L2

Less Vacancy Loss

 

$130,954

L3

Net Market Rents @ 100 % Occupancy

L3=L1-L2

$86,825,906

L4

Benchmark Non-Rental Revenue (Parking and Laundry)

 

$1,333,320

L5

Total Revenues

L5=L3+L4

$88,159,226

L6

Operating Costs - Maintenance and Administration

 

$21,186,753

L7a

Operating Costs - Utilities: Natural Gas (3 year average)

 

$5,204,366

L7b

Operating Costs - Utilities: Oil & Other (3 year average)

 

$0

L7c

Operating Costs - Utilities: Hydro/Electricity (3 year average)

 

$5,374,086

L7d

Operating Costs - Utilities: Water (3 year average)

 

$6,152,405

L8

Operating Costs - Insurance

 

$659,277

L9

Operating Costs - Bad Debts

 

$358,500

L10

Capital Reserves

 

$8,452,158

L11

Total Operating Costs

L11=SUM(L6:L10)

$47,387,545

L12

Net Operating Income (NOI)=Affordable Mtge Pmt (AMP)

L12-L5-L11

$40,771,681

L13

Actual Mortgage Payment

 

$10,439,447

L14

Mortgage Subsidy (Actual Payments less AMP)

L14=L13-L12

($30,332,234)

L15

Property Taxes (Estimated Actual)

 

$11,813,445

L16

RGI revenues (RGI units @ market rents)

 

$82,838,460

L17

Actual RGI Revenues Received

 

$30,100,000

L18

RGI Subsidy (RGI units at market rent less RGI rents)

L18=L16-L17

$52,738,460

L19

Operating Expense Ratio (OER)

L19=L11/L5

N/A

L20

1- OER

L20=1-L19

N/A

L21

SMs Required Subsidy Payment

L21=L14+L15+L18

$34,219,671

 

SM Additional Payment (projected surplus)

 

$0

 

Debentures Subsidy

=L13

$10,439,447

 

Net SM Required Subsidy Payment

L21-Debentures

$23,780,224

L22

SMs Required Subsidy Monthly Payment

L22=L21/12

$1,981,685

 


 

2009 Subsidy estimate for Section 95 Municipal Non Profit:

 

SERVICE MANAGER: City of Ottawa

 

 

 

 

 

 

 

 

 

 

HOUSING PROVIDER: Ottawa Community Housing Corporation

Group #

E00049

PROGRAM: Section 95 Municipal Non Profit

Total # Units

1,044

Eastern Region

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Line

SUBSIDY ESTIMATE

2009

Calculations

Provider Totals

L1

Market Rents @ 100 % Occupancy

 

$10,781,880

L2

Less Vacancy Loss

 

$109,117

L3

Net Market Rents @ 100 % Occupancy

L3=L1-L2

$10,672,763

L4

Benchmark Non-Rental Revenue (Parking and Laundry)

 

$34,257

L5

Total Revenues

L5=L3+L4

$10,707,020

L6

Operating Costs - Maintenance and Administration

 

$2,642,253

L7a

Operating Costs - Utilities: Natural Gas (3 year average)

 

$174,653

L7b

Operating Costs - Utilities: Oil & Other (3 year average)

 

$0

L7c

Operating Costs - Utilities: Hydro/Electricity (3 year average)

 

$108,290

L7d

Operating Costs - Utilities: Water (3 year average)

 

$728,667

L8

Operating Costs - Insurance

 

$79,836

L9

Operating Costs - Bad Debts

 

$54,090

L10

Capital Reserves

 

$624,678

L11

Total Operating Costs

L11=SUM(L6:L10)

$4,412,467

L12

Net Operating Income (NOI)=Affordable Mtge Pmt (AMP)

L12-L5-L11

$6,294,553

L13

Actual Mortgage Payment

 

$3,783,558

L14

Mortgage Subsidy (Actual Payments less AMP)

L14=L13-L12

($2,510,995)

L15

Property Taxes (Estimated Actual)

 

$1,640,205

L16

RGI revenues (RGI units @ market rents)

 

$6,862,480

L17

Actual RGI Revenues Received

 

$1,691,300

L18

RGI Subsidy (RGI units at market rent less RGI rents)

L18=L16-L17

$5,171,180

L19

Operating Expense Ratio (OER)

L19=L11/L5

N/A

L20

1- OER

L20=1-L19

N/A

L21

SMs Required Subsidy Payment

L21=L14+L15+L18

$4,300,390

 

SM Additional Payment (projected surplus)

 

$0

 

Debentures Subsidy

=L13

 

 

Net SM Required Subsidy Payment

L21-Debentures

$4,300,390

L22

SMs Required Subsidy Monthly Payment

L22=L21/12

$358,366