HomeMy WebLinkAboutNan McKay and Associates, Inc. - Consulting Services for Housing Authority's Administrative Plan - 2025 SHORT FORM SERVICES AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
NAN MCKAY AND ASSOCIATES, INC.
THIS AGREEMENT is entered into by and between the CITY OF NATIONAL CITY,
a municipal corporation ("CITY"), and NAN MCKAY AND ASSOCIATES, INC (NMA), a
California Corporation ("CONTRACTOR").
NOW, THEREFORE, CITY agrees to engage CONTRACTOR to perform the services
set forth herein in accordance with the following terms and conditions:
1. DESCRIPTION OF SERVICES. CONTRACTOR shall provide services as
outlined in attached proposal, Exhibit"A"
2. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement shall not
become effective and binding until fully executed by both the CITY and CONTRACTOR. The
duration of this Agreement is from the effective date through June 30, 2025.
3. COMPENSATION. The total compensation to CONTRACTOR for providing the
services set forth herein shall not exceed a one-time cost of$5,391.00. The compensation for
CONTRACTOR'S work shall be based upon and not exceed the rates given in Exhibit "A" (the
labor rates) without prior written authorization from CITY.
4. PAYMENT SCHEDULE. CITY will make payment within thirty (30) days of
receiving and approving a billing statement for the satisfactorily completed services of
CONTRACTOR.
1. ACCEPTABILITY OF WORK. The CITY shall, with reasonable diligence,
determine the quality or acceptability of the work, the manner of performance,
and/or the compensation payable to the CONTRACTOR.
2. INDEPENDENT CONTRACTOR. It is agreed that CONTRACTOR is an
independent CONTRACTOR, and all persons working for or under the direction of
CONTRATOR are CONTRACTOR's agents, servants, and employees, and said
persons shall not be deemed agents, servants, or employees of CITY._
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3. DRUG FREE WORKPLACE. The CONTRACTOR agrees to comply with the
CITY's Drug-Free Workplace requirements. Every person awarded a contract by
the CITY for the provision of services shall certify to the CITY that it will provide a
drug-free workplace.Any subcontract entered into by the CONTRACTOR
pursuant to this Agreement shall contain this provision.
4. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall not
discriminate against any employee or applicant for employment because of age,
race, color, ancestry, religion, sex, sexual orientation, marital status, national
origin, physical handicap, or medical condition. The CONTRACTOR will take
positive action to ensure that applicants are employed without regard to their age,
race, color, ancestry, religion, sex, sexual orientation, marital status, national
origin, physical handicap, or medical condition. Such action shall include, but not
be limited to, the following: employment, upgrading, demotion, transfer,
recruitment or recruitment advertising, layoff or termination, rates of pay or other
forms of compensation, and selection for training, including apprenticeship. The
CONTRACTOR agrees to post in conspicuous places available to employees and
applicants for employment any notices provided by the CITY setting forth the
provisions of this non-discrimination clause.
5. INDEMNIFICATION AND HOLD HARMLESS. To the maximum extent provided
by law, the CONTRACTOR agrees to defend, indemnify, and hold harmless the City of
National City, its officers, officials, agents, employees, and volunteers against and from
any and all liability, loss, damages to property, injuries to, or death of any person or
persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys'
fees, and defense costs, of any kind or nature, including workers' compensation claims,
of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR's
negligence, recklessness, or willful misconduct in the performance of this Agreement.
CITY will cooperate reasonably in the defense of any action, and CONTRACTOR shall
employ competent counsel, reasonably acceptable to the City Attorney.
The indemnity, defense, and hold harmless obligations contained herein shall survive
the termination of this Agreement for any alleged or actual omission, act, or negligence under
this Agreement that occurred during the term of this Agreement.
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6. EMPLOYEE PAYMENTS AND INDEMNIFICATION.
6.1. PERS Eligibility Indemnification. If CONTRACTOR's employee(s)
providing services under this Agreement claims, or is determined by a
court of competent jurisdiction or the California Public Employees
Retirement System ("PERS") to be eligible for enrollment in PERS of the
CITY, CONTRACTOR shall indemnify, defend, and hold harmless CITY for
the payment of any employer and employee contributions for PERS
benefits on behalf of the employee as well as for payment of any penalties
and interest on such contributions which would otherwise be the
responsibility of the CITY.
CONTRACTOR's employees providing service under this Agreement shall not: (1)
qualify for any compensation and benefit under PERS; (2) be entitled to any benefits under
PERS; (3) enroll in PERS as an employee of CITY; (4) receive any employer contributions
paid by CITY for PERS benefits; or (5) be entitled to any other PERS-related benefit that
would accrue to a CITY employee. CONTRACTOR's employees hereby waive any claims to
benefits or compensation described in this Section 10. This Section 10 applies to
CONTRACTOR notwithstanding any other agency, state, or federal policy, rule, regulation,
law, or ordinance to the contrary.
1. Limitation of CITY Liability. The payment made to CONTRACTOR under
this Agreement shall be the full and complete compensation to which
CONTRACTOR and CONTRACTOR's officers, employees, agents, and
subcontractors are entitled for performance of any work under this Agreement.
Neither CONTRACTOR nor CONTRACTOR's officers, employees, agents, and
subcontractors are entitled to any salary or wages, or retirement, health, leave, or
other fringe benefits applicable to CITY employees. The CITY will not make any
federal or state tax withholdings on behalf of CONTRACTOR. The CITY shall not
be required to pay any workers' compensation insurance on behalf of
CONTRACTOR.
1. Indemnification for Employee Payments. CONTRACTOR agrees to defend
and indemnify the CITY for any obligation, claim, suit, or demand for tax,
• retirement contribution including any contribution to PERS, social security, salary
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or wages, overtime payment, or workers' compensation payment which the CITY
may be required to make on behalf of (1) CONTRACTOR, (2) any employee of
CONTRACTOR, or (3) any employee of CONTRACTOR construed to be an
employee of the CITY, for work performed under this Agreement. This is a
continuing obligation that survives the termination of this Agreement.
INSURANCE. CONTRACTOR shall obtain:
a. If checked, Professional Liability Insurance (errors and omissions) with minimum
limits of$1,000,000 per occurrence.
b. Automobile Insurance covering all bodily injury and property damage incurred during
the performance of this Agreement, with a minimum coverage of$1,000,000 combined
single limit per accident. Such automobile insurance shall include owned, non-owned,
and hired vehicles. The policy shall name the CITY and its officers, agents,
employees, and volunteers as additional insureds, and a separate additional insured
endorsement shall be provided.
c. Commercial General Liability Insurance, with minimum limits of either $2,000,000
per occurrence and $4,000,000 aggregate, or $1,000,000 per occurrence and
$2,000,000 aggregate with a $2,000,000 umbrella policy, covering all bodily injury and
property damage arising out of its operations, work, or performance under this
Agreement. The policy shall name the CITY and its officers, agents, employees, and
volunteers as additional insureds, and a separate additional insured endorsement shall
be provided. The general aggregate limit must apply solely to this "project" or
"location". The "project" or "location" should be noted with specificity on an
endorsement that shall be incorporated into the policy.
d. Workers' Compensation Insurance in an amount sufficient to meet statutory
requirements covering all of CONTRACTOR's employ ees and employers' liability
insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be
endorsed with a waiver of subrogation in favor of the CITY. Said endorsement shall be
provided prior to commencement of work under this Agreement.
If CONTRACTOR has no employees subject to the California Workers' Compensation
and Labor laws, CONTRACTOR shall execute a Declaration to that effect. Said Declaration
shall be provided to CONTRACTOR T by CITY.
e. The aforesaid policies shall constitute primary insurance as to the CITY, its officers,
employees, and volunteers, so that any other policies held by the CITY shall not
contribute to any loss under said insurance. Said policies shall provide for thirty (30)
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days prior written notice to the CITY's Risk Manager, at the address listed in
subsection G below, of cancella tion or material change.
f. Said policies, except for the professional liability and workers' compensation policies,
shall name the CITY and its officers, agents, employees, and volunteers as additional
insureds, and separate additional insured endorsements shall be provided.
g. The Certificate Holder for all policies of insurance required by this Section shall be:
City of National City
do Risk Manager
1243 National City Boulevard
National City, CA 91950-4397
h. If required insurance coverage is provided on a "claims made" rather than "occurrence"
form, the CONTRACTOR shall maintain such insurance coverage for three years after
expiration of the term (and any extensions) of this Agree ment. In addition, the "retro"
date must be on or before the date of this Agreement.
i. Insurance shall be written with only insurers authorized to conduct business in
California which hold a current policy holder's alphabetic and financial size category
rating of not less than A:VII according to the current Best's Key Rating Guide, or a
company of equal financial stability that is approved by the City's Risk Manager. In the
event coverage is provided by non-admitted "surplus lines" carriers, they must be
included on the most recent List of Approved Surplus Line Insurers ("LASLI") and
otherwise meet rating requirements.
j. This Agreement shall not take effect until certificate(s) or other sufficient proof that
these insurance provisions have been complied with, are filed with, and approved by
the CITY's Risk Manager. If the CONTRACTOR does not keep all insur ance policies
required by this Section 11 in full force and effect at all times during the term of this
Agreement, the CITY may treat the failure to maintain the requisite insurance as a
breach of this Agreement and terminate the Agreement as provided herein.
k. All deductibles and self-insured retentions in excess of ten-thousand dollars ($10,000)
must be disclosed to and approved by the CITY. CITY reserves the right to modify the
insurance requirements of this Section 11, including limits, based on the nature of the
risk, prior experience, insurer, coverage, or other special circumstances.
I. If the CONTRACTOR maintains broader coverage or higher limits (or both) than the
minimum limits shown above, the CITY shall be entitled to the broader coverage or
higher limits (or both) maintained by the CONTRACTOR. Any available insurance
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proceeds in excess of the specified minimum limits of insurance and coverage shall be
available to the CITY.
7. TERMINATION. CITY may terminate this Agreement at any time by providing
one (1) day's written notice to CONTRACTOR.
8. BUSINESS LICENSE. CONTRACTOR must possess or shall obtain a business
license from the National City Finance Department before beginning work.
9. PREVAILING WAGES. State prevailing wage rates may apply to work
performed under this Agreement. State prevailing wages rates apply to all public works
contracts as set forth in California Labor Code, including but not limited to, Sections
1720, 1720.2, 1720.3, 1720.4, and 1771. CONTRACTOR is solely responsible to
determine if state prevailing wage rates apply and, if applicable, pay such rates in
accordance with all laws, ordinances, rules, and regulations.
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10. ADMINISTRATIVE PROVISIONS.
a. Computation of Time Periods. If any date or time period provided for in this
Agreement is or ends on a Saturday, Sunday, or federal, state, or legal holiday,
then such date shall automatically be extended until 5:00 p.m. Pacific Time of
the next day which is not a Saturday, Sunday, or federal, state, or legal holiday.
b. Counterparts. This Agreement may be executed in multiple counterparts, each
of which shall be deemed an original, but all of which, together, shall constitute
but one and the same instrument.
c. Captions. Any captions to, or headings of, the sections or subsections of this
Agreement are solely for the convenience of the parties hereto, are not a part of
this Agreement, and shall not be used for the interpretation or determination of
the validity of this Agreement or any provision hereof.
d. No Obligations to Third Parties. Except as otherwise expressly provided herein,
the execution and delivery of this Agreement shall not be deemed to confer any
rights upon, or obligate any of the parties hereto, to any person or entity other
than the parties hereto.
e. Exhibits and Schedules. The Exhibits and Schedules attached hereto are
hereby incorporated herein by this reference for all purposes. To the extent any
exhibits, schedules, or provisions thereof conflict or are inconsistent with the
terms and conditions contained in this Agreement, the terms and conditions of
this Agreement will control.
f. Amendment to this Agreement. The terms of this Agreement may not be
modified or amended except by an instrument in writing executed by each of the
parties hereto.
g. Assignment & Assumption of Rights. CONTRACTOR shall not assign this
Agreement, in whole or in part, to any other party without first obtaining the
written consent of CITY.
h. Waiver. The waiver or failure to enforce any provision of this Agreement shall
not operate as a waiver of any future breach of any such provision or any other
provision hereof.
i. Applicable Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California. The venue for any legal
action arising under this Agreement shall be in either state or federal court in the
County of San Diego, State of California. The CONTRACTOR shall comply with
all laws, including federal, state, and local laws, whether now in force or
subsequently enacted.
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j. Audit. If this Agreement exceeds ten-thousand dollars ($10,000), the parties
shall be subject to the examination and audit of the State Auditor for a period of
three (3) years after final payment under the Agreement, per Government Code
Section 8546.7.
k. Entire Agreement. This Agreement supersedes any prior agree ments,
negotiations, and communications, oral or written, and contains the entire
agreement between the parties as to the subject matter hereof. No subsequent
agreement, representation, or promise made by either party hereto, or by or to
an employee, officer, agent, or representative of any party hereto shall be of any
effect unless it is in writing and executed by the party to be bound thereby.
I. Successors and Assigns. This Agreement shall be binding upon and shall inure
to the benefit of the successors and assigns of the parties hereto.
m. Subcontractors or Subcontractors. The CITY is engaging the services of the
CONTRACTOR identified in this Agreement. The CONTRACTOR shall not
subcontract any portion of the work, unless such subcontracting was part of the
original proposal or is allowed by the CITY. In the event any portion of the work
under this Agreement is subcontracted, the subcontractor(s) shall be required to
comply with and agree to, for the benefit of and in favor of the CITY, both the
insurance provisions in Section 11 and the indemnification and hold harmless
provision of Section 9 of this Agreement.
n. Construction. The parties acknowledge and agree that (i) each party is of equal
bargaining strength, (ii) each party has actively participated in the drafting,
preparation and negotiation of this Agreement, (iii) each such party has
consulted with or has had the opportunity to consult with its own, independent
counsel and such other professional advisors as such party has deemed
appropriate, relative to any and all matters contemplated under this Agreement,
(iv) any rule or construction to the effect that ambiguities are to be resolved
against the drafting party shall not apply in the interpretation of this Agreement,
or any portions hereof, or any amendments hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year written below.
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CITY OF NATIONAL CITY NAN MCKAY AND ASSOCIATES, INC.
(Corporation—signatures of two corporate officers required)
(Partnership or Sole proprietorship—one signature)
By: Ca/he/ice t1rer
By:
Benjamin A. Martinez, Catherine Ures
City Manager Vice President of Professional
Services
APPROVED AS TO FORM: Date: 03-71-2025
By: �j�/r 1704u McKay
Barry J. S By'
City Attorney John McKay,
CEO
Date: 3/27/Z3-' Date: 03-07-202c
CONTACT INFORMATION
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CITY OF NATIONAL CITY NAN MCKAY AND ASSOCIATES, INC.
1243 National City Boulevard 1810 Gillespie Way#202
National City, CA 91950-4397 El Cajon CA 92020
Phone: (619) 336-4259 Phone: 800-783-3100
Fax: (619) 477-3747 Fax: 619-258-5791
Contact: Marta Rios Contact: Kaynisha Dawson
Title: Housing Program Manager Title: Regina)Account Manager
Dep.: Housing Authority- HCV Email: Kdawson@nanmckay.com
Email: mrios@nationalcityca.gov Taxpayer I.D. No.: 41-1381008
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CERTIFICATE of SIGNATURE
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SIGNER TIMESTAMP SIGNATURE
JOHN MCKAY SENT
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EMAIL 07WMAR 2025 15:22:05 UTC t/7a
JOHN@NANMCKAY.COM
SIGNED IP ADDRESS !!
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LOCATION
GILBERT, UNITED STATES
RECIPIENT VERIFICATION
EMAIL VERIFIED
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CATHERINE ORES SENT
07 MAR 2025 00:41:24 UTC
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SHARED VIA SIGNED
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EXHIBIT "A"
Remote Administrative Plan Consulting Services Agreement
for the National City Housing Authority
Nan McKay
.. OCin'E5. C
REMOTE ADMINISTRATIVE PLAN
Nan McKay&Associates,Inc. (NMA)is prepared to provide the National City Housing Authority
(NCHA) with remote consulting services related to reviewing and revising NCHAs administrative
plan.
Our Approach & Strategy
For the proposed project,the NMA team will work closely with NCHA over a period of four(4)
days. During this time,NMA will lead NCHA's decision makers through a collaborative hands-on
process of customizing our Model Administrative Plan for NCHA's specific operations. Through
decades of experience developing thousands of administrative plans for PHAs,we have found that
beginning with our model policy document is much more effective than revising the agency's
existing administrative plan.
To assist the PHA in preparing for the Housing Opportunity through Modernization Act of 2016
(HOTMA) while ensuring current pre-HOTMA policies are current and compliant,certain chapters
of NMA's model policy have two (2)versions:
• Version A for use pre-HOTMA full compliance date.
o Includes optional HOTMA policies that NCHA may adopt prior to the
required HOTMA compliance date.
■ Version B, fully compliant with HOTMA requirements.
NMA will guide NCHA through discretionary areas of the administrative plan,provide input and
recommendations as appropriate,and capture NCHA's decisions in an electronic draft.
NCHA's Responsibilities
• Participation by management,supervisors,and decision makers throughout the
event.
• Copies of NCHAs current administrative plan to all participating staff,preferably
prior to the scheduled working sessions.
Deliverables
At the end of the event,NMA will provide NCHA with an electronic draft of the administrative
plan,including two versions of some chapters:version A,to be used by NCHA prior to the required
HOTMA full.compliance date,and version B,to be used upon HOTMA being fully enacted.
Chapters have been updated for the most current HOTMA requirements from Notice PIH 2023 27,
as well as for the HOTMA Housing Choice Voucher(HCV)and Project-Based Voucher Implementation Final
Rule issued May 7,2024. A copy of NMA's Model Administrative Plan Guide will also be provided with
version A and version B chapters where applicable.
1
EXHIBIT "A"
rrra Remote Administrative Plan Consulting Services Agreement
for the National City Housing Authority
Nan McKay
If NCHA representatives are unable to reach a decision on a discretionary policy area during the
course of the scheduled event,NMA will provide NCHA with a working list of any areas requiring
follow-up and final decision by NCHA.
For additional assistance following receipt of the electronic administrative plan,NCHA may contact
their assigned project manager,who will work with the appropriate subject matter expert(s) from
NMA's team to ensure that questions are addressed timely.Additional assistance will be charged at
an hourly rate and is not included within the scope of this contract.
Scheduling
Scheduling is subject to consultant availability.
Proposed Investment
NMA will invoice NCHA monthly at the hourly rates listed below,as outlined in the scope of
services provided above.
Description Rate Onsite Offsite Estimated
Hours Hours Cost
Administrative Plan
Project Manager $96 0 2 $192
Senior Consultant $150 0 32 $4,800
NMA's Model Administrative Plan & Guide $399
Includes one(1)year free revision service
Estimated Project Total $5,391