HomeMy WebLinkAbout2009 CON CDC Veronica Tam - Fair Housing ReportAGREEMENT
BY AND BETWEEN
THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF NATIONAL CITY
AND
VERONICA TAM AND ASSOCIATES, LLC
THIS AGREEMENT is entered into this day of ,\CIv\tr e.` , 200tl
by and between the COMMUNITY DEVELOPMENT COMMISSION OF THE 'CITY OF
NATIONAL CITY, a community development commission (the "CDC"), and VERONICA TAM
AND ASSOCIATES, LLC, a CONSULTANT (the "CONSULTANT").
RECITALS
WHEREAS, the CDC desires to employ a CONSULTANT to provide a fair
housing report consistent with U.S. Department of Housing and Urban Development's Fair
Housing Planning Guide.
WHEREAS, the CDC has determined that the CONSULTANT is a
noncommercial research organization and is qualified by experience and ability to perform the
services desired by the CDC, and the CONSULTANT is willing to perform such services.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS
FOLLOWS:
1. ENGAGEMENT OF CONSULTANT . The CDC hereby agrees to engage
the CONSULTANT and the CONSULTANT hereby agrees to perform the services hereinafter
set forth in accordance with all terms and conditions contained herein.
The CONSULTANT represents that all services required hereunder will be
performed directly by the CONSULTANT or under direct supervision of the CONSULTANT .
2. SCOPE OF SERVICES. The CONSULTANT will perform services as set
forth in the attached Exhibit "A".
The CONSULTANT shall be responsible for all research and reviews related to
the work and shall not rely on personnel of the CDC for such services, except as authorized in
advance by the CDC. The CONSULTANT shall appear at meetings cited in Exhibit "B" to keep
staff and City Council advised of the progress on the project.
The CDC may unilaterally, or upon request from the CONSULTANT , from time to time
reduce or increase the Scope of Services to be performed by the CONSULTANT under this
Agreement. Upon doing so, the CDC and the CONSULTANT agree to meet in good faith and
confer for the purpose of negotiating a corresponding reduction or increase in the
compensation associated with said change in services, not to exceed a factor of 5% from the
base amount.
3. PROJECT COORDINATION AND SUPERVISION.
Alfredo Ybarra, Community Development Manager, hereby is designated as the
Project Coordinator for the CDC and will monitor the progress and execution of this Agreement.
The CONSULTANT shall assign a single Project Director to provide supervision and have
overall responsibility for the progress and execution of this Agreement for the CONSULTANT .
Veronica Tam thereby is designated as the Project Director for the CONSULTANT .
4. COMPENSATION AND PAYMENT. The compensation for the
CONSULTANT shall be based on fixed fee covering actual work performed. The total cost for
all work described in Exhibit "A "shall not exceed the schedule given in Exhibit "C" (the Base
amount) without prior written authorization from the CDC. After the final completed report is
submitted to the CDC, one invoice will be processed for payment and remitted within thirty (30)
days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A" as
determined by the CDC.
The CONSULTANT shall maintain all books, documents, papers, employee time
sheets, accounting records, and other evidence pertaining to costs incurred and shall make
such materials available at its office at all reasonable times during the term of this Agreement
and for three (3) years from the date of final payment under this Agreement, for inspection by
the CDC and for furnishing of copies to the CDC, if requested.
5. ACCEPTABILITY OF WORK. The CDC shall decide any and all
questions which may arise as to the quality or acceptability of the services performed and the
manner of performance, the acceptable completion of this Agreement and the amount of
compensation due. In the event the CONSULTANT and the CDC cannot agree to the quality or
acceptability of the work, the manner of performance and/or the compensation payable to the
CONSULTANT in this Agreement, the CDC or the CONSULTANT shall give to the other written
notice. Within ten (10) business days, the CONSULTANT and the CDC shall each prepare a
report which supports their position and file the same with the other party. The CDC shall, with
reasonable diligence, determine the quality or acceptability of the work, the manner of
performance and/or the compensation payable to the CONSULTANT.
6. LENGTH OF AGREEMENT. Completion dates or time durations for
specific portions of the Project are set forth in Exhibit "D".
7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda,
Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the
CONSULTANT for this Project, whether paper or electronic, shall become the property of the
CDC for use with respect to this Project, and shall be turned over to the CDC upon completion
of the Project, or any phase thereof, as contemplated by this Agreement.
Contemporaneously with the transfer of documents, the
CONSULTANT hereby assigns to the CDC and
CONSULTANT thereby expressly waives and disclaims, any copyright in, and the right to
reproduce, all written material, drawings, plans, specifications or other work prepared under this
agreement, except upon the CDC's prior authorization regarding reproduction, which
authorization shall not be unreasonably withheld. The CONTRACTOR/
CONSULTANT shall, upon request of the CDC, execute any further document(s) necessary to
further effectuate this waiver and disclaimer.
The CONSULTANT agrees that the CDC may use, reuse, alter, reproduce,
modify, assign, transfer, or in any other way, medium or method utilize the CONSULTANT 's
written work product for the CDC's purposes, and the CONSULTANT expressly waives and
disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to
intellectual property and artistic works.
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City's Standard Agreement — May 2008 revision
Any modification or reuse by the CDC of documents, drawings or specifications
prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14
but only with respect to the effect of the modification or reuse by the CDC, or for any liability to
the CDC should the documents be used by the CDC for some project other than what was
expressly agreed upon within the Scope of this project, unless otherwise mutually agreed.
8. INDEPENDENT CONSULTANT . Both parties hereto in the performance
of this Agreement will be acting in an independent capacity and not as agents, employees,
partners or joint venturers with one another. Neither the CONSULTANT nor the
CONSULTANT 'S employees are employee of the CDC and are not entitled to any of the rights,
benefits, or privileges of the CDC's employees, including but not limited to retirement, medical,
unemployment, or workers' compensation insurance.
This Agreement contemplates the personal services of the
CONSULTANT and the CONSULTANT 's employees, and it is recognized by the parties that a
substantial inducement to the CDC for entering into this Agreement was, and is, the
professional reputation and competence of the CONSULTANT and its employees. Neither this
Agreement nor any interest herein may be assigned by the CONSULTANT without the prior
written consent of the CDC. Nothing herein contained is intended to prevent the
CONSULTANT from employing or hiring as many employees, or subCONSULTANT s, as the
CONSULTANT may deem necessary for the proper and efficient performance of this
Agreement. All agreements by CONSULTANT with its subCONSULTANT (s) shall require the
subCONSULTANT to adhere to the applicable terms of this Agreement.
9. CONTROL. Neither the CDC nor its officers, agents or employees shall
have any control over the conduct of the CONSULTANT or any of the CONSULTANT 's
employees except as herein set forth, and the CONSULTANT expressly agrees not to
represent that the CONSULTANT or the
CONSULTANT 's agents, servants, or employees are in any manner agents, servants or
employees of the CDC, it being understood that the
CONSULTANT , its agents, servants, and employees are as to the CDC wholly independent
CONSULTANTs and that the
CONSULTANT 's obligations to the CDC are solely such as are prescribed by this Agreement.
10. COMPLIANCE WITH APPLICABLE LAW. The
CONSULTANT, in the performance of the services to be provided herein, shall comply with all
applicable State and Federal statutes and regulations, and all applicable ordinances, rules and
regulations of the City of National City, whether now in force or subsequently enacted. The
CONSULTANT , and each of its subCONSULTANT s, shall obtain and maintain a current City
of National City business license prior to and during performance of any work pursuant to this
Agreement.
11. LICENSES, PERMITS, ETC. The CONSULTANT represents and
covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that
are legally required to practice its profession. The CONSULTANT represents and covenants
that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the
term of this Agreement, any license, permit, or approval which is legally required for the
CONSULTANT to practice its profession.
12. STANDARD OF CARE.
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City's Standard Agreement — May 2008 revision
A. The CONSULTANT , in performing any services under this
Agreement, shall perform in a manner consistent with that level of care and skill ordinarily
exercised by members of the CONSULTANT 'S trade or profession currently practicing under
similar conditions and in similar locations. The CONSULTANT shall take all special precautions
necessary to protect the CONSULTANT 's employees and members of the public from risk of
harm arising out of the nature of the work and/or the conditions of the work site.
B. Unless disclosed in writing prior to the date of this agreement, the
CONSULTANT warrants to the CDC that it is not now, nor has it for the five (5) years
preceding, been debarred by a governmental agency or involved in debarment, arbitration or
litigation proceedings concerning the CONSULTANT 's professional performance or the
furnishing of materials or services relating thereto.
C. The CONSULTANT is responsible for identifying any unique
products, treatments, processes or materials whose availability is critical to the success of the
project the CONSULTANT has been retained to perform, within the time requirements of the
CDC, or, when no time is specified, then within a commercially reasonable time. Accordingly,
unless the CONSULTANT has notified the CDC otherwise, the CONSULTANT warrants that
all products, materials, processes or treatments identified in the project documents prepared for
the CDC are reasonably commercially available. Any failure by the CONSULTANT to use due
diligence under this sub -paragraph will render the CONSULTANT liable to the CDC for any
increased costs that result from the CDC's later inability to obtain the specified items or any
reasonable substitute within a price range that allows for project completion in the time frame
specified or, when not specified, then within a commercially reasonable time.
13. NON-DISCRIMINATION PROVISIONS. The
CONSULTANT 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
CONSULTANT will take positive action to insure 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 CONSULTANT agrees to post in conspicuous places available to
employees and applicants for employment any notices provided by the CDC setting forth the
provisions of this non-discrimination clause.
14. CONFIDENTIAL INFORMATION. The CDC may from time to time
communicate to the CONSULTANT certain confidential information to enable the
CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT
shall treat all such information as confidential and shall not disclose any part thereof without the
prior written consent of the CDC. The CONSULTANT shall limit the use and circulation of such
information, even within its own organization, to the extent necessary to perform the services to
be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any
part of the information that (i) has been disclosed in publicly available sources of information; (ii)
is, through no fault of the CONSULTANT , hereafter disclosed in publicly available sources of
information; (iii) is already in the possession of the CONSULTANT without any obligation of
confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a
third party, but only to the extent that the use or disclosure thereof has been or is rightfully
authorized by that third party.
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City's Standard Agreement — May 2008 revision
The CONSULTANT shall not disclose any reports, recommendations,
conclusions or other results of the services or the existence of the subject matter of this
Agreement without the prior written consent of the CDC. In its performance hereunder, the
CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting
the information or other property of any other person, firm or corporation.
CONSULTANT shall be liable to CDC for any damages caused by breach of this
condition, pursuant to the provisions of Section 14.
15. INDEMNIFICATION AND HOLD HARMLESS. The
CONSULTANT agrees to defend, indemnify, and hold harmless the Community Development
Commission of the City of National City, its officers and employees, against and from any and
all liability, Toss, 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 CONSULTANT 's negligent performance of this Agreement.
16. WORKERS' COMPENSATION. The CONSULTANT shall comply with
all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of
California, the applicable provisions of Division 4 and 5 of the California Government Code and
all amendments thereto; and all similar state or Federal acts or laws applicable; and shall
indemnify, and hold harmless the CDC and its officers, and employees from and against all
claims, demands, payments, suits, actions, proceedings and judgments of every nature and
description, including reasonable attorney's fees and defense costs presented, brought or
recovered against the CDC or its officers, employees, or volunteers, for or on account of any
liability under any of said acts which may be incurred by reason of any work to be performed by
the CONSULTANT under this Agreement.
17. INSURANCE. The CONSULTANT, at its sole cost and expense, shall
purchase and maintain, and shall require its subCONSULTANT s, when applicable, to purchase
and maintain throughout the term of this agreement, the following insurance policies:
® 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 ("any auto").
C. Commercial general liability insurance, with minimum limits of $1,000,000
per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising
out of its operations under this Agreement.
D. Workers' compensation insurance in an amount sufficient to meet
statutory requirements covering all of CONSULTANT'S employees 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 CDC. Said endorsement shall be provided
prior to commencement of work under this Agreement.
E. The aforesaid policies shall constitute primary insurance as to the CDC,
its officers, employees, and volunteers, so that any other policies held by the CDC shall not
contribute to any Toss under said insurance. Said policies shall provide for thirty (30) days prior
written notice to the CDC of cancellation or material change.
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City's Standard Agreement — May 2008 revision
F. Said policies, except for the professional liability and workers'
compensation policies, shall name the CDC and its officers, agents and employees as
additional insureds, and separate additional insured endorsements shall be provided.
G. If required insurance coverage is provided on a "claims made" rather than
"occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years
after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date
must be on or before the date of this Agreement.
H. Any aggregate insurance limits must apply solely to this Agreement.
I. Insurance shall be written with only California admitted companies which
hold a current policy holder's alphabetic and financial size category rating of not Tess than A VIII
according to the current Best's Key Rating Guide, or a company equal financial stability that is
approved by the National City Risk Manager. In the event coverage is provided by non -admitted
"surplus lines" carriers, they must be included on the most recent California List of Eligible
Surplus Lines Insurers (LESLI list) 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 National City Risk Manager. If the CONSULTANT does not keep all of such insurance
policies in full force and effect at all times during the terms of this Agreement, the CDC may
elect to 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 $10,000 must be
disclosed to and approved by the CDC.
18. LEGAL FEES. If any party brings a suit or action against the other party
arising from any breach of any of the covenants or agreements or any inaccuracies in any of
the representations and warranties on the part of the other party arising out of this Agreement,
then in that event, the prevailing party in such action or dispute, whether by final judgment or
out -of -court settlement, shall be entitled to have and recover of and from the other party all
costs and expenses of suit, including attorneys' fees.
For purposes of determining who is to be considered the prevailing party, it is
stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall
not be considered in determining the amount of the judgment or award. Attorney's fees to the
prevailing party if other than the CDC shall, in addition, be limited to the amount of attorney's
fees incurred by the CDC in its prosecution or defense of the action, irrespective of the actual
amount of attorney's fees incurred by the prevailing party.
19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this
Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the
dispute by mediation in San Diego, California, in accordance with the Commercial Mediation
Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The
costs of mediation shall be borne equally by the parties. Any controversy or claim arising out
of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be
settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration
Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the
parties, and a judgment thereon may be entered in any court having jurisdiction over the subject
matter of the controversy. The expenses of the arbitration shall be borne equally by the parties
to the arbitration, provided that each party shall pay for and bear the costs of its own experts,
evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part
thereof against a specified party as part of the arbitration award.
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City's Standard Agreement — May 2008 revision
20. TERMINATION. A. This Agreement may be terminated with or without
cause by the CDC. Termination without cause shall be effective only upon 60-day's written
notice to the CONSULTANT . During said 60-day period the CONSULTANT shall perform all
services in accordance with this Agreement.
B. This Agreement may also be terminated immediately by the CDC for
cause in the event of a material breach of this Agreement, misrepresentation by the
CONSULTANT in connection with the formation of this Agreement or the performance of
services, or the failure to perform services as directed by the CDC.
C. Termination with or without cause shall be effected by delivery of written
Notice of Termination to the CONSULTANT as provided for herein.
D. In the event of termination, all finished or unfinished Memoranda Reports,
Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT ,
whether paper or electronic, shall immediately become the property of and be delivered to the
CDC, and the
CONSULTANT shall be entitled to receive just and equitable compensation for any work
satisfactorily completed on such documents and other materials up to the effective date of the
Notice of Termination, not to exceed the amounts payable hereunder, and less any damages
caused the CDC by the CONSULTANT 's breach, if any. Thereafter, ownership of said written
material shall vest in the CDC all rights set forth in Section 6.
E. The CDC further reserves the right to immediately terminate this
Agreement upon: (1) the filing of a petition in bankruptcy affecting the
CONSULTANT ; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a
business reorganization, change in business name or change in business status of the
CONSULTANT.
21. NOTICES. All notices or other communications required or permitted
hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail
(Federal Express or the like); or sent by registered or certified mail, postage prepaid, return
receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or
delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the
earlier of (i) if personally delivered, the date of delivery to the address of the person to receive
such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight
mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if
the address is outside the State of California) after the date of deposit in a post office, mailbox,
mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if
given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or
(v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand,
direction or other communication delivered or sent as specified above shall be directed to the
following persons:
To the CDC:
To the CONSULTANT :
Alfredo Ybarra
Community Development Manager
Community Development Commission
of the City of National City
1243 National City Boulevard
National City, CA 91950-4301
Veronica Tam
Veronica Tam and Associates, LLC
107 S. Fair Oaks Avenue, Suite 212
Pasadena, CA 91105
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City's Standard Agreement — May 2008 revision
Notice of change of address shall be given by written notice in the manner
specified in this Section. Rejection or other refusal to accept or the inability to deliver because
of changed address of which no notice was given shall be deemed to constitute receipt of the
notice, demand, request or communication sent. Any notice, request, demand, direction or
other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within
forty-eight (48) hours by letter mailed or delivered as specified in this Section.
22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT
OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform
services of any kind for any person or entity whose interests conflict in any way with those of
the CDC. The CONSULTANT also agrees not to specify any product, treatment, process or
material for the project in which the CONSULTANT has a material financial interest, either
direct or indirect, without first notifying the CDC of that fact. The
CONSULTANT shall at all times comply with the terms of the Political Reform Act and the
National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself
and shall not use its official position to influence in any way any matter coming before the CDC
in which the CONSULTANT has a financial interest as defined in Government Code Section
87103. The CONSULTANT represents that it has no knowledge of any financial interests that
would require it to disqualify itself from any matter on which it might perform services for the
CDC.
❑ If checked, the CONSULTANT shall comply with all of the reporting
requirements of the Political Reform Act and the National City Conflict of Interest Code.
Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk
of the City of National City in a timely manner on forms which the CONSULTANT shall obtain
from the City Clerk.
The CONSULTANT shall be strictly liable to the CDC for all damages, costs or
expenses the CDC may suffer by virtue of any violation of this Paragraph 21 by the
CONSULTANT.
23. MISCELLANEOUS 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.
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City's Standard Agreement — May 2008 revision
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. 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.
H. Applicable Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California.
I. Entire Agreement. This Agreement supersedes any prior agreements,
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.
J. Successors and Assigns. This Agreement shall be binding upon and
shall inure to the benefit of the successors and assigns of the parties hereto.
K. 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) each party and such party's counsel and advisors have reviewed this
Agreement, (v) each party has agreed to enter into this Agreement following such review and
the rendering of such advice, and (vi) 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 first above written.
COMMUNITY DEVELOPMENT COMMISSION VERONICA TAM & ASSOCIATES, LLC
OF THE CITY OF NATIONAL CITY
Bv•
By:
xecutive Director Veronica Tam
APPROVED AS TO FORM:
/-- fJ ,t.
Principal
By:(.../.2.604-1.-----
(Name)
George H. E'iser, III (Title)
Legal Counsel
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City's Standard Agreement — May 2008 revision
SCOPE OF WORK
Our proposed scope of work is consistent with the Fair
Housing Planning Guide prepared by the U.S Department of
Housing and Urban Development (HUD).
Task 1: Evaluation of 2003 Regional Al and Progress
toward Mitigating Impediments Identified
Task 1.1: Review of 2003 Regional Al
Conduct a review of the current Regional Al to identify
conditions and impediments that may no longer be relevant;
and/or may have been partially mitigated; may not have been
adequately addressed; and/or may be of increased concern.
Task 1.2: Review of Other Relevant Documents
Review the housing elements, consolidated plans, action
plans, and CAPERs of all participating jurisdictions to
determine actions and programs as well as accomplishments
with regard to expanding a range of housing choices and
improving equal access to housing.
Specifically, the State Housing Element law has been
amended recently to require jurisdictions to address
constraints to housing for persons with special needs,
including emergency shelters, transitional housing, supportive
housing, single -room occupancy units, and housing for
persons with disabilities:
• SB 520 (Housing for Persons with Disabilities)
SB 2 (Emergency Shelters)
AB 2634 (Transitional Housing, Supportive Housing, and
SRO)
We will review the housing elements of all participating
jurisdictions to assess their compliance with these provisions.
Task 1.3: Public and Administrative Policy Survey
We will conduct a Public and Administrative Policy Survey for
participating jurisdictions to assess the potential impediments
to fair housing, including occupancy standards, distance
EDAW INC DESIGN. PLANNING AND ENVIRONMENTS WORLDWIDE
ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING I 3-1
restrictions for group homes, sensitivity and fair housing
training for staff, multilingual capability of code enforcement
and housing programs staff, accessibility of public facilities
(Section 504 and ADA compliance).
Task 1.4: Review of Fair Housing Services
We will review the scopes of work of the fair housing service
providers in the participating jurisdictions to determine how the
contracted services align with the recommendations of the Al.
We will interview the fair housing service providers (Fair
Housing Council of San Diego, Center for Social Advocacy,
North County Lifeline) to discuss accomplishments in
mitigating the impediments and solicit suggestions regarding
gaps of services and additional needs.
We will also solicit comments from fair housing service
providers regarding the effectiveness of existing fair housing
programs and services and identify where gaps of services
may exist.
Task 1.5: Summary of Assessment
Upon completion of the tasks above, we will prepare a written
summary assessment of the progress in mitigating
impediments, identifying areas of deficiency and suggestions
for further enhancement.
Task 2: Community Outreach
Task 2.1: Fair Housing Survey
We will conduct a fair housing survey of the community at
large. This survey will be written in English and Spanish and
will be distributed at community locations and posted on the
Web sites of the County and participating cities. Working with
the Fair Housing Resources Board (FHRB), we will solicit the
participation of service providers to also post the link to the
survey on their Web sites. Each jurisdiction will be provided a
hard copy and a PDF version of the survey in English and
Spanish for distribution at community locations, to service
providers, and for posting on Web sites. Individual cities are
encouraged to translate the survey into other languages as
necessary, as long as the survey questions and format are
consistent with the one provided so that survey responses can
be efficiently tabulated. Our budget assumes tabulation and
analysis of up to 2,000 responses to the survey. While this is
not a scientific survey in which the survey respondents are
controlled, it offers another opportunity for residents to voice
their concerns.
Task 2.2: Community Meetings
We will conduct at least four community meetings to solicit
input from the general public. We will work with the FHRB to
select centrally located community facilities to conduct the
community meetings (for east, north, south, and central
County areas). We will work with the FHRB to effectively
advertise these meetings to enhance participation and assist
in advertising for these meetings, including direct mailing to
specific groups and coordinating with fair housing councils.
Participating jurisdictions should be encouraged to make
announcements at public hearings and public service
announcements at local cable access. This scope assumes
the jurisdictions and FHRB would be responsible for any direct
advertising or mailing costs.
Aside from residents, potential groups to target for
participation include:
• Real estate associations/realtors
• Apartment owners and managers associations
• Lenders
Fair housing service providers
• Supportive service providers (e.g., for seniors, families,
disabled persons, immigrant groups)
• Faith -based organizations
Task 2.3: Consultation with Service Providers and
Housing Professionals
We will hold two meetings with key organizations that
represent special interests to obtain information on fair
housing issues, including such groups as disability advocacy
groups, civil rights commissions, faith -based organizations,
and groups representing low- and moderate -income persons,
among others active in the housing arena including realtors,
apartment owners associations, and lending institutions.
An alternative approach is to call the service providers and
referral agencies to 'test such agencies' understanding of fair
housing services available.
ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING I 3 - 2
Task 2.4: Present Draft of Al to FHRB
We will attend one FHRB meeting to present the draft Al. We
will also be available at the meeting to answer questions about
the draft.
Task 3: Fair Housing Testing
We will be responsible for conducting fair housing testing for
the Regional Al. Our scope includes:
• Conducting a total of 40 countywide familial status audits
(paired test format);
• Working with the FHRB in the selection of sites for testing,
using the criteria set forth in the contract;
• Recruiting and training testers in sufficient numbers to
complete the project;
• Conducting training sessions for testers; and
• Preparing a report of findings and recommendations.
In conducting the paired test, we will proceed with the initial
(round one) tests. All of the 40 sites will be tested in the initial
round. We will then review each completed test report with
tester (debrief) and compare and analyze the results to
determine whether a follow-up test is needed. If the results for
specific sites are unclear, a second round of testing will be
conducted for those sites. When the testing phase is
completed, we will produce a report of findings and make
recommendations.
Methodology: Volunteer testers are recruited, screened, and
trained in 4-hour training sessions. The testers for this study
will be trained by Clara Harris, who has many years of
experience in the fair housing field, including training fair
housing testers, conducting fair housing audits, and testing.
The session includes a practice site visit and/or role playing, a
discussion of the history of fair housing law and the
methodology of testing and reinforcement of the qualities
needed in a tester (i.e., objectivity, reliability and
confidentiality).
Planning the Test: The project supervisor locates apartment
vacancies by reviewing newspaper listings as well as the
various rental guide magazines and by monitoring posted
rental signs. A matched pair of testers, one representative of
the variable being tested and the other as a control, is then
assigned to visit the apartment office. Testers are matched in
relation to age, income, dress, and background for all stages
EDAW INC DESIGN, PLANNING AND ENVIRONMENTS WORLDWIDE
of the study. The testers are assigned "profiles" or identities,
complete with marital status, occupation, income, and reason
for moving.
The standard test is arranged as follows: The tester
(representing the variable being tested) makes an
appointment for a specified time, or simply drops in if it is
determined that the office will be open and appointments are
not necessary. The control tester follows within an hour,
making an appointment only if the other tester has made one.
At the Site - Ask and Observe: Each tester asks standard
prearranged questions and is trained with certain responses,
so that the two visits are essentially identical in all ways
except the variable being tested. Each tester is instructed to
inquire about one- or two -bedroom apartments that are within
a certain price range and available within a certain time frame.
In this way, the chance that different information may be
obtained due to a particular request or characteristic of the
tester (for example, a request to be near the pool or on the
first floor) is eliminated. Testers are instructed to closely
follow the assignment so that they each make the same
request.
Testers are trained to ask about and observe a number of
items that are things any renter would need to know such as
the following: Is there an apartment available and when will it
be ready? Is some preparation necessary, such as cleaning
and painting, or is the apartment ready to be occupied? The
tester notes which apartments she or he was shown, or
whether a model was shown. Is the tester offered an
application and invited to place a deposit? What are the rental
terms, amount of security deposit, and credit check fees (costs
that together are often referred to as "move -in costs")? Are
there any moving incentives offered such as rent reductions or
deposit rebates after move -in. What types of leases are
available (e.g., month -to -month, six month, or one year)?
Testers also observe other persons around the complex and
in the office to note the race of tenants, applicants, and
employees, and the presence of children. Testers are asked
to report on how they were greeted, the mechanics of the
interview, whether they were asked about "good credit," or if
there was any discussion of ability to pay.
The items listed above are all important to the comparison
since slight variations in any of the items can make renting an
apartment more attractive to a prospective tenant. For
example, a 1-year lease protects the tenant from rent
ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING I 3-3
increases and provides more stability. Also, it is helpful in
analyzing the test results to know the apparent demographics
of the complex.
Analysis of Each Visit: Immediately upon leaving the testing
site, testers fill out their reports, which consist of a narrative
and a four -page questionnaire. These reports are then
returned to the project supervisor and compared for
differences. The testers, therefore, are unaware of any
difference in results. The comparisons are not revealed to
them at any point. Even in instances where one of the testers
is told that there are no apartments available and/or is treated
discourteously, the inference cannot automatically be made
that discrimination has taken place. In a fair housing
assessment, the important tool is the comparison of the
experience to that of the other tester. Not all complex
managers are professional. There may be cases where both
testers are treated rudely.
If, however, on repeated visits a pattern emerges of different
treatment to the tester (representing the testing variable), the
comparisons afford a powerful piece of evidence that the
rental agent would have difficulty explaining. An example is if
different apartments are shown to the testers, or the ones
shown to the tester (representing the testing variable) are
inferior in some way. Is the control tester shown an apartment
that is freshly painted and ready for occupancy, while the
tester (representing the testing variable) is shown a
comparable apartment in price and size but which needs
painted and cleaned? The comparison needs to be analyzed
carefully to see if a picture emerges that the tester
(representing the testing variable) had been discouraged from
applying.
Then, if such a picture emerges, is this an indication of
discrimination, or was the agent simply having a bad day and
not being thorough and professional with each client who
came through the door that day? When discrimination is
suspected, a pattern needs to be established through
repeated visits in order to rule out such factors as possible
explanations.
Once the comparison of the test reports is done, retests are
scheduled. A new set of testers is assigned to visit those
apartment complexes in which a difference was observed.
In conclusion, the design of an assessment ensures a high
degree of objectivity and eliminates alternative explanations,
EDAW INC DESIGN, PLANNING AND ENVIRONMENTS WORLDWIDE
(aside from the variable being tested) for observed differences
in information and treatment.
Task 4: Regional Al Update
Task 4.1: Community Profile
The current Regional Al was prepared in 2003 with 2000
Census data. We do not recommend updating the Census
data with American Community Survey data, which contains
large margins of errors. To the extent feasible, we will update
the Community Profile with current data such as:
• 2008 Department of Finance population and housing
estimates
• 2008 Employment Development Department employment
and wage data
• 2007 Home Mortgage Disclosure Act (HMDA) data on
lending activities
• Current market data for rental rates, home prices, and
foreclosure activities
• SANDAG projections
• Inventory of licensed community care facilities from State
Department of Social Services
• Comprehensive Housing Affordability Strategy (CHAS)
data and updated income data by block group created by
HUD
Consolidated plans and general plans (including 2005-
2010 housing elements) for participating jurisdictions
Based on statistics, empirical data, research and consultation,
we will evaluate the following background information:
a) Demographic Profile to include the number and
proportion of persons in the participating jurisdictions by
race/ethnicity, age, disability, and familial status. This
section will use an Index of Dissimilarity to measure
housing segregation among ethnic groups and this will be
evaluated. Much of this data will depend on 2000 Census
and therefore no update is available. However, we will
correlate these demographic characteristics with current
and/or changing patterns of fair housing concerns.
b) Income Profile to include income distribution of residents;
evaluation of income differences and poverty levels
between race and special needs populations; concentration
of low-income population by block groups. Updated
income data by Census block group and CHAS data will be
used.
ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING I 3-4
c) Employment and Transportation Profile to map
locations of major employment centers that potentially offer
jobs to minorities and persons with disabilities at the lower
income levels of the wage scale. The Consultant will also
evaluate the relationship between public transportation, job
centers, and lower income housing locations.
d) Housing Profile to examine the implications of geography,
diverse populations, and income discrepancies in the
participating jurisdictions. Include discussion of the
housing profile including the following variables: household
size and overcrowding; housing type, tenure and vacancy;
age of housing (and related lead -based paint concerns);
ownership and rental housing costs; and housing
affordability. Relationships between these housing
characteristics and fair housing concerns will be included.
e) Mapping of Planning Data will be done using geographic
information system (GIS) to evaluate geographic
relationships among the demographic, income,
employment and transportation, and housing variables to
identify potential impediments to fair housing choice. To
the extent feasible, information will be provided at the
jurisdiction -level and aggregated by San Diego City Council
District and County Supervisor District, as appropriate.
Types of maps to be included, but may vary depending on
data availability and relevancy of specific issues, are:
Location of housing for seniors and disabled (e.g., Section
202 and 811 projects)
Location of public and assisted housing (e.g., public
housing, HUD -funded projects, and others as information is
available)
3 Location of licensed residential care facilities (e.g., group
homes, elderly residential care facilities, housing for the
mentally ill)
4 Concentrations of Section 8 assistance (if available from
the local housing authorities)
Geographic concentrations of families with children (no
change from 2000 Census)
!; Main transit routes in relation to employment centers, lower
income, and special needs populations, and assisted
housing projects
Low- and moderate -income areas
8 Areas of raciaVethnic concentration (no change from 2000
Census)
EDAW INC DESIGN, PLANNING AND ENVIRONMENTS WORLDWIDE
Task 4.2: Current Fair Housing Profile
We will evaluate the current fair housing profile in San Diego
County, including the following:
a) Assessment of current public and private fair housing
program/activities to identify and describe existing
programs, services, and activities that assist in the
provision of fair housing. This will involve interviewing staff,
fair housing councils, and appropriate local non -profits and
community groups (see results of Task 1.4 and Task 2.3).
b) Identify and describe fair housing practices and procedures
of real estate associations and apartment owners
associations. This will include a description of common
practices of and fair housing issues involving real estate
associations, agents, property managers, and landlords
including advertising and reasonable accommodations and
modifications. Issues such as blockbusting, steering, "all
adult," one -language advertising, inaccessible design,
underwriting, FICO scoring, and unfair lease terms will be
discussed.
c) Contact and interview fair housing service providers in San
Diego County, local nonprofit housing organizations,
housing advocacy groups, and the local HUD office to
obtain information on the nature and extent of fair housing
complaints, violations, or suits against the jurisdictions.
Also included are:
Research of the prevalence of fair housing
discrimination suit(s) filed by the Department of
Justice, State Department of Fair Employment and
Housing, and other agencies.
Identification of the nature and extent of hate crimes in
all participating jurisdictions.
Discussion of other fair housing issues such as the
impact of "NIMBYism" on housing choice.
Task 4.3: Lending and Insurance Practices
In light of the current lending market crisis, the discussions on
lending and insurance practices in the current Regional Al will
be completed updated. Specifically, we will:
a) Evaluate the lending patterns in the County using a variety
of sources, including but not limited to, CRA rating and
documentation available as a result of the HMDA. We will
evaluate the following:
Foreclosure activities by jurisdiction and other
characteristics as available
ANALYSIS OF IMPEDIMENTS TO FAIR NOUSING 1 3-5
Disposition of conventional home purchase, home
improvement, and home refinancing loan applications
by race and income of applicants
Disposition of govemment-backed home purchase and
home improvement loan applications by race and
income of applicants
4 Lending in low- and moderate -income areas
Lending in minority concentration areas
Top lenders and their performance in lending to
minority and low- and moderate -income applications
and lending in general in minority concentration and
low- and moderate -income areas
b) Conduct research on the literature, data, and legislation
available to discuss the predatory lending issues. This will
also include a discussion of the level of subprime lending in
the County using the HMDA data and HUD's report on
subprime lending. However, no original research will be
conducted to investigate predatory lending due to
complexity of the issues and the general lack of data.
c) Provide a general discussion on insurance practices based
on literature review, interviews, and fair housing survey.
Task 4.4: Public Policies
In this task, we will analyze public policies and regulations for
participating jurisdictions:
a) Design a questionnaire to be sent to all participating
jurisdictions to explore the jurisdictions' efforts and status in
complying with fair housing laws (see Task 1.3).
b) Document each jurisdiction's compliance with the State
Housing Element law. The current housing element cycle
is for July 1, 2005 through June 30, 2010 (see Task 1.2).
c) Evaluate each jurisdiction's general plan, land use element
in relation to the provision of housing choices.
d) Interview participating jurisdictions for standards and
procedures adopted by each jurisdiction in terms of building
codes, health and safety codes, occupancy codes, and
reasonable accommodation procedures and determine
their effect on access to housing.
e) Map and discuss the location of assisted housing
developments to determine if a concentration exists.
Included in the discussion are land use controls and sites
availability relating to potential location of affordable
housing. Housing developers/affordable housing
developers will be interviewed to discuss barriers to
EDAW INC DESIGN, PLANNING AND ENVIRONMENTS WORLDWIDE
receiving approval on affordable housing projects,
particularly those for the protected classes (see Task
4.1 [e]).
f) Assess the provision of government services to all areas
within the jurisdiction. This will be done by including a
question on the Fair Housing Survey regarding the
equitable provision of govemment services and, to the
extent feasible (assuming that target area boundaries are
available in electronic or easy -to -use formats for mapping
purposes), the Consultant will map the location of parks
and community facilities, neighborhood revitalization areas,
and redevelopment project areas to identify targeted areas
for improvements. This information will be compared
against the areas of minority and low- and moderate -
income concentrations (see Task 4.1[e]).
Discuss any policies causing displacement and regarding
selection of commissions and task forces with the ability to
influence housing decisions.
h) Review and discuss the Public Housing Agency Plans
(PHAPs) for policies regarding tenant selection, de -
concentration, delivery of services, maintenance, and
accessibility.
i) Other public policies and practices may be reviewed and
discussed as they relate to fair housing choice.
g)
Task 4.5: Conclusion and Recommendations
We will identify appropriate plans of action to overcome or
prevent the effects of the identified impediments in the
Regional Al. The San Diego region is comprised of 18 cities
and a large unincorporated county.
Revise plans of action from the 2005-2010 Al to address
the identified impediments found in the current Al. All the
reevaluated impediments must be addressed so as to
monitor the region's efforts to affirmatively further fair
housing.
Establish milestones/schedules of performance for actions
to be to taken.
•
•
Establish methods to measure results of the action plan on
an annual basis from 2010 through 2015.
The fair housing strategic plan should address all
recommendations, either by incorporating
recommendations from the 2005-2010 Al, providing
modified versions of those recommendations, or by
identifying reasons why the specific actions should be
excluded from the 2010-2015 Al.
ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING I 3-6
Task 4.6: Executive Summary
An executive summary of the complete analysis will be
provided.
Task 5: Deliverables
We will prepare the following documents:
• Administrative Staff Review Draft Al -19 reproducible
copies, 10 bound copies, and electronic version of
document in PDF format
Each participating jurisdiction - one reproducible copy
and electronic version
FHRB members not from participating jurisdictions -
10 bound copies total
• Public Review Draft Al - 19 reproducible copies, 48 bound
copies, and electronic version of document in PDF format
- Each participating jurisdiction - one reproducible copy,
two bound copies, and electronic version
- FHRB members not from participating jurisdictions -
10 bound copies total
• Final Al - 19 reproducible copies, 86 bound copies, and
electronic version of document in PDF format
Each participating jurisdiction - one reproducible copy,
four bound copies, and electronic version
FHRB members not from participating jurisdictions -
10 bound copies total
EDAM INC DESIGN. PLANNING AND ENVIRONMENTS WORLDWIDE
NNLYSLS O/ NEfOsE NTS TO FM MO.EIIC 4.1
Task
VTA
EDAW
CH
Tam
$ 140
Analysts
$ 90
Support
$ 65
Fisher
$ 140
Analysts
$ 95
Analysts
$ 85
GIS
$ 90
Support
$ 90
TOTAL
Task 1: Evaluation of 2003 Regional Al and Progress
Task 1.1: Review of 2003 Regional Al
8
24
2
$ 3,450
Task 1.2: Review of Other Relevant Documents
8
24
2
4
$ 3,900
Task 1.3: Public and Administrative Policy Survey
8
24
4
$ 3,540
Task 1.4: Review of Fair Housing Services
2
4
16
24
$ 4,400
Task 1.5: Summary of Assessment
8
8
$ 1,840
Subtotal
34
80
4
6
16
30
0
0
$ -
$ 17,130
Task 2: Community Outreach
Task 2.1: Fair Housing Survey
8
8
40
12
$ 6,360
Task 2.2: Community Meetings (4)
24
4
24
48
$ 10,280
Task 2.3: Consultation with Service Providers
12
4
24
30
$ 7,070
Task 2.4: Public Hearing and Acceptance of Al
6
$ 840
Subtotal
50
0
0
8
56
118
0
12
$ -
$ 24,550
Task 3: Fair Housing Testing
40 Sites (90 tests)
$ 3,240
$ 3,240
Tester Training
$ 976
$ 976
Project Coordination/Report Preparation
16
$ 9,000
$ 11,240
Miscellaneous
$ 4,784
$ 4,784
Subtotal
16
0
0
0
0
0
0
0
$ 18,000
$ 20,240
Task 4: Regional Al Update
Task 4.1: Community Profile
4
8
24
40
40
8
$ 11,680
Task 4.2: Current Fair Housing Profile
2
2
6
48
4
$ 5,570
Task 4.3: lending and lnsurance Practice
4
4
40
12
4
4
$ 6,660
Task 4.4: Public Policies
40
80
8
$ 13,520
Task 4.5: Conclusions and Recommendations
16
20
2
16
$ 5,840
Task 4.6: Executive Summary
12
2
$ 1,960
Subtotal
78
100
0
18
86
100
56
12
$ -
$ 45,230
Task 5: Deliverables
Administrative Review Draft
2
8
12
$ 2,040
Public Review Draft
1
8
12
$ 1,900
Final Al
1
8
12
$ 1,900
Subtotal
0
0
0
4
0
24
0
36
$ -
$ 5,840
Miscellaneous
Mileage, Postage, Etc.
$ 2,000
Purchase of Tract Level HMDA Data
$ 2,500
Subtotal
S 4,500
TOTAL
178
180
4
36
158
272
56
60
$ 18,000
$ 117,490
$ 24,920
$ 16,200
$ 260
$ 5,040
$15,010
$ 23,120
$ 5,040
$ 5,400
EXHIBIT B
Meeting Schedule and Reports
The Contractor agrees to meet on an as needed basis and to provide information
covering the Scope of Work as requested by the CDC
10
City's Standard Agreement — May 2008 revision
EXHIBIT C
Fee Type
Amount
Frequency
Description of Work
Draw upon
completion of Task
$4,169.26
One
Payment
Preparation of the 2010-2015
Regional San Diego Analysis
of Impediments to Fair
Housing Choice
11
City's Standard Agreement — May 2008 revision
EXHIBIT D
This Agreement will be effective for a period of one (1) year from the date first above
written.
CONSULTANT shall commence the performance of the services in accordance with the
Scope of Work section provided in Exhibit "A" to this AGREEMENT and shall continue
such services until all tasks to be performed are completed, or this AGREEMENT is
otherwise terminated.
12
City's Standard Agreement — May 2008 revision
CAM.R x to 4..41-
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NATI
�NCOal, a i,ATEv,
OFFICE OF THE CITY CLERK
1243 National City Blvd., National City, CA 91950
619-336-4228 phone • 619-336-4229 fax
VERONICA TAM & ASSOCIATES, LLC
Consulting Services — Fair Housing Report
Alfredo Ybarra (Housing & Grants) Forwarded Copy of
Contract to Consultant