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HomeMy WebLinkAbout2009 CON CDC Hogle-Ireland - Consolidated Plan (FY 2011/2015) Annual Action Plan (FY 2010/2011) HUDAGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND HOGLE-IRELAND, INCORPORATED THIS AGREEMENT is entered into this 2QTH day of _October, 2009, by and between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a community development commission (the "CDC"), and Hogle-Ireland, Incorporated, a Land Planning and Development Consulting Firm (the "CONTRACTOR)". RECITALS WHEREAS, the CDC desires to employ a CONTRACTOR to provide preparation of a Five -Year Consolidated Plan, 2010-2015 and preparation of Annual Action Plan, FY 2010-- 11. WHEREAS, the CDC has determined that the CONTRACTOR is a land use, planning, and development consulting firm and is qualified by experience and ability to perform the services desired by the CDC, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CDC hereby agrees to engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services required hereunder will be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth in the attached Exhibit "A". The CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CDC and the CONTRACTOR 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, Housing Manager, hereby is designated as the Project Coordinator for the CDC and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. Laura Stetson thereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. 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. Monthly invoices 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 CONTRACTOR 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 CONTRACTOR and the CDC cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONTRACTOR in this Agreement, the CDC or the CONTRACTOR shall give to the other written notice. Within ten (10) business days, the CONTRACTOR 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 CONTRACTOR. 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 CONTRACTOR for this Project, whether paper or electronic, shall become the property of the CDC for use with respect to this Project upon CONTRACTOR's receipt of full payment for same, 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 CONTRACTOR hereby assigns to the CDC and CONTRACTOR 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 shall, upon request of the CDC, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CDC may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONTRACTOR's written work product for the CDC's purposes, and the CONTRACTOR expressly waives and City's Standard Agreement — May 2008 revision disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CDC of documents, drawings or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR 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 CONTRACTOR. 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 CONTRACTOR nor the CONTRACTOR'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 CONTRACTOR and the CONTRACTOR'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 CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CDC. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, or subCONTRACTORs, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its subCONTRACTOR(s) shall require the subCONTRACTOR 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 CONTRACTOR or any of the CONTRACTOR's employees except as herein set forth, and the CONTRACTOR expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's agents, servants, or employees are in any manner agents, servants or employees of the CDC, it being understood that the CONTRACTOR, its agents, servants, and employees are as to the CDC wholly independent CONTRACTORs and that the CONTRACTOR's obligations to the CDC are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, 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 CONTRACTOR, and each of its subCONTRACTORs, 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 CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR 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 CONTRACTOR to practice its profession. 12. STANDARD OF CARE. City's Standard Agreement — May 2008 revision A. The CONTRACTOR, 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 CONTRACTOR'S trade or profession currently practicing under similar conditions and in similar locations. The CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR'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 CONTRACTOR 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 CONTRACTOR's professional performance or the furnishing of materials or services relating thereto. C. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR 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 CONTRACTOR has notified the CDC otherwise, the CONTRACTOR 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 CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR 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 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 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 CONTRACTOR 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 CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CDC. The CONTRACTOR 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 CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR 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. The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this 4 City's Standard Agreement — May 2008 revision ;n Agreement without the prior written consent of the CDC. In its performance hereunder, the CONTRACTOR 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. CONTRACTOR 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 CONTRACTOR 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, 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 negligent performance of this Agreement. 16. WORKERS' COMPENSATION. The CONTRACTOR 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 CONTRACTOR under this Agreement. 17. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its subCONTRACTORs, 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 CONTRACTOR'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 and employees, so that any other policies held by the CDC shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CDC of cancellation or material change. 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. 5 Citys Standard Agreement— May 2008 revision G. 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 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. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less 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 CONTRACTOR 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. 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 CONTRACTOR. During said 60-day period the CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CDC, and the CONTRACTOR 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 CONTRACTOR'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 CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 6 City's Standard Agreement— May 2008 revision 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 CONTRACTOR: Alfredo Ybarra, Community Development Manager Community Development Commission of the City of National City 1243 National City Boulevard National City, CA 91950-4301 Laura Stetson, AICP Vice President Hogle-Ireland, Inc. 201 South Lake Avenue, Suite 308 Pasadena, CA 91101 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 CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the CDC. The CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CDC of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR 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 CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR 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 CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. 7 • Gity's Standard Agreement — May 2008 revision Specifically, the CONTRACTOR 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 CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR 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 CONTRACTOR. 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. 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. 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. 8 City's Standard Agreement — May 2008 revision IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. COMMUNITY DEVELOPMENT COMMISSION Hoqle-Ireland Incorporated OF THE CITY OF NATIONAL CITY / l By: n Morrison, CTiairman APPROVED AS TO FORM: George H. Eiser, III Legal Counsel President Executive Vice President 9 City's Standard Agreement — May 2008 revision EXHIBIT A SCOPE OF SERVICES Required by HUD to be updated every five years, the Consolidated Plan is a comprehensive, integrated approach to both the long range planning and application aspects of HUD's CDBG, HOME, and other federal funding programs. The Consolidated Plan describes the City of National City's housing, community development, and economic development needs and priorities and activities to be undertaken under the HUD funding programs for the next five years. The Consolidated Plan will address all required federal regulations as well as guidelines established by HUD. Hogle-lreland will use the Consolidated Plan Management Process (CPMP) tool, which was developed by HUD to assist grantees in meeting the requirements of the Consolidated Plan. The use of the CPMP tools also facilitates the completion of the required Action Plans and Consolidated Annual Performance and Evaluation Reports (CAPER). City staff and Consultant can discuss the desired use of this tool further upon contract award. Task 1 - Public Participation Integral to the process is community involvement, as the community that is served has knowledge of the unmet needs and a stake in helping define the City's expenditure of HUD funds. The City of National City encourages residents to become involved in the planning and implementation activities of the Consolidated Plan. As required by HUD, the City has a Public Participation Plan (PPP), which outlines the measures taken to facilitate public participation. The City's current PPP (as it will be amended to eliminate participation by the Housing and Community Development Commission, or HCDC) will help guide the community outreach process of the Consolidated Plan. Public input received will help in completion of the required HUD tables related to housing and community development needs, as well as the narrative responses describing the City's priority needs. Public input will be received through: 1. A public meeting with service providers, recipients of services, and others to review the Consolidated Plan update process and gather input on housing and community development needs from the public. Invitations will sent specifically to service providers and local social service agencies. 2. A survey for residents to evaluate the importance of specific housing and community development needs. The survey will be distributed by the City at public facilities (libraries, community centers) as well as to service providers serving City residents. The consultant team will be responsible for data entry and analysis. 3. Phone interviews with service providers and social services agencies (particularly those unable to attend the public meeting) to ensure that the housing and community development needs of special needs groups are addressed. In our past and current Consolidated Plan work, we have found these focused consultation meetings to be highly effective in providing information about groups thi,t rarely participate in public forums. Our scope includes approximately one day of phone intervices with service providers and/or community organizations to gauge the type and extent of needs for special needs groups 10 3tarcardAc:eement— May 2008revsirm including families, elderly residents, disabled residents, homeless persons, and persons living with AIDS/HIV. 4. A public meeting with the City Council to review the Draft Consolidated Plan and to allow the public to comment on the plan. 5. A City Council hearing for adoption of the Consolidated Plan where the public will be invited to comment on the Plan. Meetings • • One (1) public meeting for input on needs • Phone interviews with service providers to gauge the type and extent of housing and community development needs in the City • One (1) public meeting with the City Council to review Draft Consolidated Plan • One (1) City Council public hearing to adopt Consolidated Plan Task 2 - Consolidated Plan The Consolidated Plan will be drafted by first assessing the City's housing and community development needs and then developing a housing and community development strategy for the period 2010-2015. In the context of the CPMP tool, the assessment of needs and related strategies to address those needs are reorganized by topic under the Strategic Plan for ease in understanding and implementation. The Consolidated Plan will contain three primary sections: the Executive Summary, the Strategic Plan, and Attachments, including HUD -required tables and background public outreach information. To initiate the Consolidated Plan processes, the consultant team will meet with City staff to refine the work scope and evaluate current strategies, objectives, and priorities and discus potential modification to the City's HUD funding approach. A review of the public participation plan for the Consolidated Plan update and a review of a preliminary list of community stakeholders to be consulted can also be discussed. Prior to the kick-off meeting, the consultant team will send staff a list of background and reference material needed for Consultant review, to be received at the kick-off meeting. Meetings • One (1) kick-off meeting with City staff Strategic Plan and HUD -Required Consolidated Plan Tables The Strategic Plan and the HUD -Required Consolidated Plan Needs and Priority Tables will be created in the context of the CPMP tool. The CPMP provides a new format for the Consolidated Plan, combining the components required under the Code of Federal Regulations (CFR) for HUD (24 CFR Part 91) - the housing and homeless needs assessment, the housing market analysis and the strategic plan - into one narrative. The Strategic Plan narrative lists specific questions that HUD grantees must respond to in order to be compliant with the Consolidated Planning Regulations. Guided by the CPMP tool, the Strategic Plan will respond to these questions and thereby address the required needs assessments and develop goals and objectives for the five-year period. The Strategic Plan narrative will also include an executive summary. 11 City's Stac-�ard Agreement - May 2C08 revlslon The CPMP also provides a format to link HUD -Required Consolidated Plan Tables to the Strategic Plan narrative. The HUD -required tables are utilized to develop the narratives in the Strategic Plan and will be included as an Appendix. These tables include: • Housing Market Analysis Worksheet • Priority Housing Needs Worksheet • Homeless Needs Worksheet • Community Development Worksheet • Non -Homeless Special Needs Worksheet Based_on the tables above, Specific Objectives are established through a series of worksheets that provide information on annual objectives and specific funding sources and amounts. The tables may also be used to track performance outcomes during the five-year period. Included in the Specific Objectives tables are national performance objectives and outcomes. In order to aggregate accomplishments at the national level, HUD has recommended that grantees utilize standardized objectives and outcomes for reporting achievements. As part of the narrative, an explanation of the City's performance outcome measurement system will be included consistent with federal guidelines as referenced in the Federal Register Notice, Volume 70, Number 111 dated June 10, 2005. The required worksheet detailing the City's needs and the objectives for the five-year plan will be consistent with goals and objectives established in the City's Housing Element and Redevelopment Implementation Plan. In the course of creating the Strategic Plan for 2010-2015, the consultant team will meet with City staff to evaluate current and develop new strategies, objectives, and priorities. Meetings • One (1) strategic plan meeting with City staff Task 3 - FY 2010 Action Plan The FY 2010-2011 Action Plan will be prepared in conjunction with the Five -Year Consolidated Plan and use the CPMP tool to establish consistency with the Consolidated Plan. The CPMP First Annual Action Plan includes the SF 424 and Narrative Responses to Action Plan questions that HUD grantees must respond to each year in order to be compliant with the Consolidated Planning Regulations. Required tables, projects lists, and certification documents will also be completed. Document Preparation We have included an allowance (direct cost) for document reproduction of $1,000 for the following Consolidate Plan copies, as requested by the City: • Staff Review Draft Consolidated Plan (electronic copies) • Public Review Draft (5 copies) • Final Documents (7 copies and 1 reproducible original; document in Word 2003 format) In addition, our staff will compile material used to develop the Consolidated Plan in a resource binder for staff. Documentation may include consultations recordslists of data sources, and other supporting documentation. 12 C.ty's Standard Agreemer — May 20C9 ,evisicn 13 City s Stands ra Agreement— May 2C08 •evision EXHIBIT B SCHEDULE OF MEETINGS The schedule of meetings is indicated in Exhibits A and D for each contract task. 14 CIiv s Standard Agreement — May 2008 , _vision EXHIBIT C COSTS FOR SERVICES The budget represents the estimated cost required to complete the plan of work outlined this contract. Any additional time required beyond that indicated will be billed on a time and materials basis with prior authorization from the City. Project Management 2 2 16 20 $2,090 Task 1 Public Participation Two Public Meetings: Public and CC 12 16 28 $3,140 Residents Survey Service Provider Phone Interviews City Council Adoption 1 6 6 10 10 6 6 17 16 12 $1,490 $1,760 $1,380 Task 2 Consolidated Plan Strategic Plan 3 4 50 4 61 $6,000 HUD Tables Task 3 Action Plan Document Preparation (Labor) Document Preparation (Reproduction/Deliverables) 4 Miscellaneous Costs (postage, mileage, reproductions, etc) Total r 3 6 4 30 30 16 40 20 10r 43r 184r 101 214 $3,255 $4,260 $2,060 $1,000 $500 $26,935 15 City's Staraard Agreemen'. - May 2068 =vlscn EXHIBIT D COMPLETION DATES AND TIME DURATIONS The Consolidated Plan is due at HUD 45 days before the new program year begins (July lst). For Fiscal Year 2010/11, the deadline will be on Thursday, May 17, 2010. The following schedule anticipates submission of final documents to HUD on May 13, 2010. A 30-day public review is required for the draft Consolidated Plan; therefore, the final draft must be completed at the beginning of April to ensure timely submittal. The exact date will be determined in coordination with staff based on HUD and local public noticing requirements. The dates for meetings set forth below is contingent upon City staff scheduling the meetings as planned. Task Drafting of the Consolidated Plan Public Meeting #1 Residents Survey Service Provider Phone Interviews Drafting of FY 2010-2011 Action Plan Public Meeting #2 with City Council Mandatory 30-day public review of the draft Consolidated Plan City Council Public Hearing (meeting #3) Submittal of Consolidated Plan to HUD Due Date Mid -September - March 2010 December 2, 2009 November/December 2009 November 2009 January -March 2010 February 16, 2009 March 29 — April 28, 2010 May 4, 2010 May 13, 2010 16 City's 3tancard Agreen-Ant—Mav 2098 rev;sion Client#: 1268518 304HOGLEIRE ACORDT. CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 10/14/2009 PRODUCER BB&T Insurance Services of California, Inc. 19100 Von Karman Ave, Ste 900 Irvine, CA 92612 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Hogle Ireland Inc 2860 Michelle Drive, Ste 100 Irvine, CA 92606 INSURER A: American Casualty Co of Reading 20427 INSURERB: Transportation Insurance Compan 20494 INSURERC: Employers Compensation Insuranc 11512 INSURERD: Ironshore Specialty Insurance C 25445 INSURER E. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADD'L NSRO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE IMMIDD/YY1 POLICY EXPIRATION DATE (MM/DD/YYI LIMITS A Y GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY B2082828476 04/01/09 04/01/10 EACH OCCURRENCE $2,000,000 X DAMAGE TO RENTED PREMISES occurrence) $300,000 CLAIMS MADE X OCCUR MED EXP (Any one person) S10,000 PERSONAL 8 ADV INJURY $2,000,000 GENERAL AGGREGATE $4,000,000 GEN'L AGGREGATE LIMIT APPLIES�jPER: PRODUCTS - COMP/OP AGG $4,000,000 POLICY n JECT 11L ( LOC A Y AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS B2082828476 04/01/09 04/01/10 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 BODILY INJURY (Per person) $ X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHERTHAN EA ACC $ AUTO ONLY: AGG $ B Y EXCESS/UMBRELLA LIABILITY B2082828574 04/01/09 04/01/10 EACH OCCURRENCE $1,000,000 $1,000,000 X OCCUR CLAIMS MADE AGGREGATE DEDUCTIBLE RETENTION $ 10,000 $ X $ C WORKERS COMPENSATION AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes. describe under SPECIAL PROVISIONS below FN03062987 04/01/09 04/01/10 X TVO RY STATllMITS- OTH- S FR E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 D OTHER Professional Liability 0149Q0902001 04/01/09 04/01/10 $1,000,000 Per Claim $1,000,000 Aggregate $10,000 Deductible DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Community Development Commission of the City of National City, its officers, agents, and employees and the City of National City, its elected officials, officers, agents, and employees are hereby named as Additional Insureds, as required by written contract, per attached form SB-146932-B. WC Waiver of Subrogation applies per attached form WC 04 03 06. CERTIFICATE HOLDER Community Development Commission City of National City 1243 National City Blvd National City, CA 91950 CANCELLATION 10 Days for Non -Payment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3fi DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO 50 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25 (2001/08) 1 of 2 #S4185500/M4184663 RD6 0 ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S (2001108) 2 of 2 #S41855001M4184663 CNA SB-146932-B (Ed. 03/06) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NON -CONTRACTORS BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM Coverage afforded under this extension of coverage endorsement does not apply to any person or organization covered as an additional insured on any other endorsement now or hereafter attached to this Coverage Part. 1. ADDITIONAL INSURED — BLANKET VENDORS WHO IS AN INSURED is amended to include as an additional insured any person or organization (referred to below as vendor) with whom you agreed, because of a written contract or agreement to provide insurance, but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: 1. The insurance afforded the vendor does not apply to: a. "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; b. Any express warranty unauthorized by you; c. Any physical or chemical change in the product made intentionally by the vendor; d. Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; e. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; f. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; g. Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or SB-146932-B (Ed. 03/06) h. "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omission or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) The exceptions contained in Subparagraphs d. or f.; or (2) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. 2. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 3. This provision 2. does not apply to any vendor included as an insured by an endorsement issued by us and made a part of this Coverage Part. 4. This provision 2. does not apply if "bodily injury" or "property damage" included within the "products -completed operations hazard" is excluded either by the provisions of the Coverage Part or by endorsement. 2. MISCELLANEOUS ADDITIONAL INSUREDS WHO IS AN INSURED is amended to include as an insured any person or organization (called additional insured) described in paragraphs 3.a. through 3.h. below whom you are required to add as an additional insured on this policy under a written contract or agreement but the written contract or agreement must be: 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the "bodily injury," "property damage" or "personal and advertising injury," but Only the following persons or organizations are additional insureds under this endorsement and Page 1 of 3 (Version 1.0) 30020007620828284767700 coverage provided to such additional insureds is limited as provided herein: a. Additional Insured — Your Work That person or organization for whom you do work is an additional insured solely for liability due to your negligence specifically resulting from your work for the additional insured which is the subject of the written contract or written agreement. No coverage applies to liability resulting from the sole negligence of the additional insured. The insurance provided to the additional insured is limited as follows: (1) The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this policy, whichever is less. These Limits of Insurance are inclusive of, and not in addition to, the Limits of Insurance shown in the Declarations. (2) The coverage provided to the additional insured by this endorsement and paragraph F.9. of the definition of "insured contract" under Liability and Medical Expenses Definitions do not apply to "bodily injury" or "property damage" arising out of the "products - completed operations hazard" unless required by the written contract or written agreement. (3) The insurance provided to the additional insured does not apply to "bodily injury," "property damage," or "personal and advertising injury" arising out of the rendering or failure to render any professional services. b. State or Political Subdivisions SB-146932-B (Ed. 03/06) A state or political subdivision subject to the following provisions: (1) This insurance applies only with respect to the following hazards for which the state or political subdivision has issued a permit in connection with premises you own, rent, or control and to which this insurance applies: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar SB-146932-B (Ed. 03/06) entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or (b) The construction, erection, or removal of elevators; or (2) This insurance applies only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. This insurance does not apply to "bodily injury,' "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality. c. Controlling Interest Any persons or organizations with a controlling interest in you but only with respect to their liability arising out of: (1) Their financial control of you; or (2) Premises they own, maintain or control while you lease or occupy these premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for such additional insured. d. Managers or Lessors of Premises A manager or lessor of premises but only with respect to liability arising out of the ownership, maintenance or use of that specific part of the premises leased to you and subject to the following additional excl usions: This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to be a tenant in that premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. e. Mortgagee, Assignee or Receiver A mortgagee, assignee or receiver but only with respect to their liability as mortgagee, assignee, or receiver and arising out of the ownership, maintenance, or use of a premises by you. Page 2 of 3 This insurance does not apply to structural alterations, new construction or demolition operations performed by or for such additional insured. f. Owners/Other Interests — Land is Leased An owner or other interest from whom land has been leased by you but only with respect to liability arising out of the ownership, maintenance or use of that specific part of the land leased to you and subject to the following additional exclusions: This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to lease that land; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. Co-owner of Insured Premises A co-owner of a premises co -owned by you and covered under this insurance but only with respect to the co -owners liability as co-owner of such premises. h. Lessor of Equipment Any person or organization from whom you lease equipment. Such person or organization are insureds only with respect to their liability arising out of the maintenance, operation or use by you of equipment leased to you by such person g• SB-146932-B (Ed. 03/06) SB-146932-B (Ed. 03/06) or organization. A person's or organization's status as an insured under this endorsement ends when their written contract or agreement with you for such leased equipment ends. With respect to the insurance afforded these additional insureds, the following additional exclusions apply: This insurance does not apply: (1) To any "occurrence" which takes place after the equipment lease expires; or (2) To "bodily injury," "property damage" or "personal and advertising injury" arising out of the sole negligence of such additional insured. Any insurance provided to an additional insured designated under paragraphs a. through h. above does not apply to "bodily injury' or "property damage" included within the "products -completed operations hazard." 3. The following is added to Paragraph H. of the BUSINESSOWNERS COMMON POLICY CONDITIONS: H. Other Insurance 4. This insurance is excess over any other insurance naming the additional insured as an insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement specifically requires that this insurance be either primary or primary and noncontributing. Page 3 of 3 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT — CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us,) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 0 % of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization ANY PERSON OR ORGANIZATION FQR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER CA 92606 The charge for this endorsement is $250, Job Description ALL JOBS IN CALIFORNIA This endorsement changes the policy to which it is attached and is effective on the date Issued unless otherwise stated, (The information below is required only when thls endorsement Is Issued subsequent to preparation of the policy.) Endorsement Effective 04/61/2009 Policy No. FN 0306298 Endorsement No, 001 Insured HOGLE IRELAND INC Insurance Company EMPLOYERS COMPENSATION INS CO Countersigned by WC 04 03 06 (Ed. 4-84) Premium S 29, 847.00 Hart Forme & Service§ Reorder No. 14.2420 RESOLUTION 2009 — 262 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHAIRMAN TO EXECUTE AN AGREEMENT WITH HOGLE-IRELAND, INC. IN THE AMOUNT NOT -TO -EXCEED $26,935 AND FOR THE PREPARATION OF THE CITY OF NATIONAL CITY FIVE-YEAR CONSOLIDATED PLAN (FY2011-FY2015) AND A ONE-YEAR ANNUAL ACTION PLAN (FY2010-2011) FOR THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WHEREAS, as an entitlement community, the Community Development Commission of the City of National City (CDC) administers the Community Development Block Grant (CDBG) and the Home Investment Partnerships (HOME) Program for the City of National City and the Federal Government under the United States Department of Housing and Urban Development (HUD); and WHEREAS, the City of National City must comply with HUD planning and reporting requirements that include the submission of a Consolidated Plan every five years and an Annual Action Plan every year that outlines the long range planning and application aspects of HUD entitlement program funds; and WHEREAS, on July 13, 2009, the City of National City issued a Request for Proposals from experienced community development consultant firms or individual consultants to assist the CDC in developing and preparing the five-year consolidated plan and a one-year annual action plan; and WHEREAS, from all the proposals submitted, the CDC has determined that Hogle-Ireland, Inc. is the most qualified land use, planning, and development consulting firm, and recommends Hogle-Ireland, Inc. to employ in the preparation of the Five -Year Consolidated Plan and a One -Year Annual Action Plan. NOW, THEREFORE, BE IT RESOLVED by the Community Development Commission of the City of National City that the Chairman is hereby authorized to execute on behalf of the CDC a contract not -to -exceed $26,935.00 with Hogle-Ireland, Inc. for the preparation of the City of National City Five Year Consolidated Plan (FY2011-FY2015) and a One -Year Annual Action Plan (FY2010-2011) for the U.S. Department of Housing and Urban Development. Said contract is on file in the office of the City Clerk. PASSED and ADOPTED this 20th day of October, 2 9 Ron Morrison, Chairman ATTEST. , APPROVED AS TO FORM: 1 J i)�ile- Braecretary George H. Eiser, III City Attorney Passed and adopted by the Community Development Commission of the City of National City, California, on October 20, 2009, by the following vote, to -wit: Ayes: Commissioners Morrison, Parra, Sotelo-Solis, Van Deventer, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Chairman, Community Development Commission SecretaryZ;ommuni ylevelopment Commission By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2009-262 of the Community Development Commission of the City of National City, California, passed and adopted on October 20, 2009. Secretary, Community Development Commission By: Deputy C aooq -SA City of National City, California COMMUNITY DEVELOPMENT COMMISSION 44 MEETING DATE October 20, 2009 AGENDA ITEM NO. ITEM TITLE Resolution of the Community Development Commission of the City of National City awarding a contract to Hogle-Ireland, Inc. in the amount not -to -exceed $26,935 and authorizing the Chairman to execute the contract agreement for the preparation of the City of National City Five -Year Consolidated Plan (FY2011-FY2015) and a One -Year Annual Action Plan (FY2010-2011) for the U.S. Department of Housing and Urban Development (HUD) PREPARED BY Carlos Aguirre DEPARTMENT Community Development (Ext. 4391) Housing and Grants Divisi EXPLANATION The City of National City annually receives approximately $1.1 million in Community Development Grant (CDBG) funds and $642,000 in HOME Investment Partnerships Program (HOME) funds. The City must comply with U.S. Department of Housing and Urban Development's (HUD) planning and reporting requirements. In addition, this Consolidated Plan should reflect the City's intended uses of program income generated from the CDBG and HOME fund investments. On July 13, 2009, the City of National City released a request for proposals from experienced community development consultant firms or individual consultants to assist the City in developing and preparing a five-year consolidated plan and a one-year annual actual plan. A Housing and Grants Division review committee graded eight proposal responses received. The committee recommends Hogle-Ireland, Inc for a contract award based on superior capability, staff capacity, cost, creative approach, and regional experience. Environmental Review N/A Financial Statement Approved By. Finance Director The contract funding requirement of $26,935.00 is budgeted for in FY2010 and will be expended from Account No. 522-445-462-299-0000. Account No. n/a STAFF RECOMMENDATION Adopt Resolution BOARD / COMMISSION RECOMMENDATION Not applicable to this report. ATTACHMENTS ( Listed Below) Resolution No. n/a a 0 9 • a 0 Attachment No. 1: Contract Agreement with Hogle-Ireland, Inc. A-200 (9/99) OFFICE OF THE CITY CLERK 1243 National City Blvd. National City, California 91950 Michael R. Dalla, CMC - City Clerk 619-336-4228 phone • 619-336-4229 fax October 28, 2009 Ms. Laura Stetson Hogle-Ireland, Inc. 201 South Lake Avenue, Suite 308 Pasadena, CA 91101 Dear Ms. Stetson, On October 20th, 2009, Resolution No. 2009-262 was passed and adopted by the Community Development Commission of the City of National City, authorizing execution of an agreement with Hogle-Ireland, Inc. We are enclosing for your records a certified copy of the above Resolution and a fully executed original agreement. Michael R. Dalla, CMC City Clerk Enclosures cc: Community Development Commission