HomeMy WebLinkAbout2015 CON Veronica Tam and Associates - Consulting Services Housing ReportAGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
VERONICA TAM AND ASSOCIATES, INC.
THIS AGREEMENT is entered into this 26 day of March, 2015, by and between the
CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and VERONICA TAM
AND ASSOCIATES, Inc., a CONSULTANT (the "CONSULTANT").
RECITALS
WHEREAS, the CITY desires to employ a CONSULTANT to provide an analysis of
impediments for fair housing report consistent with U.S. Department of Housing and Urban
Development's Fair Housing Planning Guide.
WHEREAS, the CITY has determined that the CONSULTANT is a noncommercial
research organization and is qualified by experience and ability to perform the services desired by
the CITY, and the CONSULTANT is willing to perform such services.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS
FOLLOWS:
1. ENGAGEMENT OF CONSULTANT. The CITY agrees to engage the
CONSULTANT, and the CONSULTANT agrees to perform the services set forth here in
accordance with all terms and conditions contained herein.
The CONSULTANT represents that all services shall be performed directly by the
CONSULTANT or under direct supervision of the CONSULTANT.
2. SCOPE OF SERVICES. The CONSULTANT will provide an analysis of
impediments for fair housing report consistent with U.S. Department of Housing and Urban
Development's Fair Housing Planning Guide. 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 CITY for such services, except as authorized in
advance by the CITY. The CONSULTANT shall appear at meetings specified in Exhibit "A" to
keep staff and City Council advised of the progress on the Project.
3. PROJECT COORDINATION AND SUPERVISION.
Angelita Marchante, Community Development Specialist, hereby is designated as the
Project Coordinator for the CITY 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.
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4. COMPENSATION AND PAYMENT. The compensation for the
CONSULTANT 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 four -thousand one -hundred
thirty-six dollars ($ 4,136.00), as set forth in in Exhibit "A" (the Base amount). 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 CITY.
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 CITY,
and for furnishing of copies to the CITY, if requested.
5. ACCEPTABILITY OF WORK. The City 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 City 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 City or the CONSULTANT shall give to the other written notice. Within ten (10)
business days, the CONSULTANT and the City shall each prepare a report which supports their
position and file the same with the other party. The City shall, with reasonable diligence,
determine the quality or acceptability of the work, the manner of performance and/or the
compensation payable to the CONSULTANT.
6. EFFECTIVE DATE AND LENGTH OF AGREEMENT. The effective date
of this Agreement is January 1, 2015. Completion dates or time durations for specific portions of
the Project are set forth in Exhibit "A".
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
CITY for use with respect to this Project, and shall be turned over to the CITY 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 CITY, 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 CITY'S prior authorization regarding
reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT
shall, upon request of the CITY, execute any further document(s) necessary to further effectuate
this waiver and disclaimer.
The CONSULTANT agrees that the CITY 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 CITY'S purposes, and the CONSULTANT expressly waives and
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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 CITY 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 CITY, or for any
liability to the CITY should the documents be used by the CITY 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 CONSULTANT nor the CONSULTANT'S
employees are employees of the CITY, and are not entitled to any of the rights, benefits, or
privileges of the CITY'S employees, including but not limited to retirement, medical, unemploy-
ment, 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 CITY 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
CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or
hiring as many employees, or SUBCONSULTANTS, 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(S) to
adhere to the applicable terms of this Agreement.
9. CONTROL. Neither the CITY 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 or the CONSULTANT'S agents, servants, or
employees are not in any manner agents, servants, or employees of the CITY, it being understood
that the CONSULTANT its agents, servants, and employees are as to the CITY wholly
independent CONSULTANT, and that the CONSULTANT'S obligations to the CITY 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
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this Agreement, any license, permit, or approval which is legally required for the
CONSULTANT to practice its profession.
12. STANDARD OF CARE.
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 CITY 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 CITY, or,
when no time is specified, then within a commercially reasonable time. Accordingly, unless the
CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all products,
materials, processes or treatments identified in the project documents prepared for the CITY are
reasonably commercially available. Any failure by the CONSULTANT to use due diligence
under this sub -paragraph will render the CONSULTANT liable to the CITY for any increased
costs that result from the CITY' 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 CITY setting forth the provisions of this non-discrimination clause.
14. CONFIDENTIAL INFORMATION. The CITY 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 CITY. 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
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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.
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 CITY. 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 CITY 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 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, suites, 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 performance or other obligations under this Agreement; provided, however,
that this indemnification and hold harmless shall not include any claims or liability arising from
the established sole negligence or willful misconduct of the City, its agents, officers, or
employees. The indemnity, defense, and hold harmless obligations contained herein shall survive
the termination of this Agreement for any alleged or actual omission, act, or negligence under
this Agreement that occurred during the term of this Agreement.
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 CITY 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 CITY 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 checked insurance policies:
A. ® If checked, Professional Liability Insurance (errors and
omissions) with minimum limits of $1,000,000 per occurrence.
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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"). The policy shall name the CITY and its officers, agents and
employees as additional insureds, and a separate additional insured endorsement shall be
provided.
C. Commercial General Liability Insurance, with minimum limits of
$1,000,000 per occurrence and $2,000,000 aggregate, covering all bodily injury and property
damage arising out of its operations under this Agreement. The policy shall name the CITY and
its officers, agents and employees as additional insureds, and a separate additional insured
endorsement shall be provided. The general aggregate limit must apply solely to this "project" or
"location".
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 City. Said endorsement shall be provided prior to
commencement of work under this Agreement.
If CONSULTANT has no employees subject to the California Workers'
Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said
Declaration shall be provided to CONSULTANT by CITY.
E. The aforesaid policies shall constitute primary insurance as to the CITY,
its officers, employees, and volunteers, so that any other policies held by the CITY shall not
contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior
written notice to the CITY of cancellation or material change.
F. 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.
G. Insurance shall be written with only California admitted companies that
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 CITY'S 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.
H. This Agreement shall not take effect until certificate(s) or other sufficient
proof that these insurance provisions have been complied with, are filed with and approved by
the CITY'S Risk Manager. If the CONSULTANT does not keep all of such insurance policies in
full force and effect at all times during the terms of this Agreement, the CITY may elect to treat
the failure to maintain the requisite insurance as a breach of this Agreement and terminate the
Agreement as provided herein.
I. All deductibles and self -insured retentions in excess of $10,000 must be
disclosed to and approved by the CITY.
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
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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 CITY shall, in addition, be limited to the amount of attorney's
fees incurred by the CITY 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.
20. TERMINATION.
A. This Agreement may be terminated with or without cause by the CITY.
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 CITY 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 CITY.
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
CITY, 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 CITY by the CONSULTANT'S breach, if any. Thereafter, ownership of said
written material shall vest in the CITY all rights set forth in Section 6.
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E. The CITY 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 CITY: Angelita Marchante
Community Development Specialist
Housing, Grants, and Asset Management Department
City of National City
140 E. 12th Street, Suite B
National City, CA 91950-4301
To CONSULTANT:
Veronica Tam
Veronica Tam and Associates, Inc.
107 S. Fair Oaks Avenue, Suite 212
Pasadena, CA 91105
(626) 304-0440
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
City of National City. 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,
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either direct or indirect, without first notifying the CITY 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 CITY 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 CITY.
❑ 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 CITY for all damages, costs or
expenses the CITY may suffer by virtue of any violation of this Paragraph 22 by the
CONSULTANT.
23. PREVAILING WAGES. State prevailing wage rates may apply to work
performed under this Agreement. State prevailing wages rates apply to all public works contracts
as set forth in California Labor Code, including but not limited to, Sections 1720,1720.2, 1720.3,
1720.4, and 1771. Consultant is solely responsible to determine if State prevailing wage rates
apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and
regulations.
24. 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.
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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. Audit. If this Agreement exceeds ten -thousand dollars ($10,000), the
parties shall be subject to the examination and audit of the State Auditor for a period of three (3)
years after final payment under the Agreement, per Government Code Section 8546.7.
J. 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.
K. Successors and Assigns. This Agreement shall be binding upon and shall
inure to the benefit of the successors and assigns of the parties hereto.
L. 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.
CITY OF NATIONAL CITY
By: c 1t,c�
Leslie Deese, City Manager
PROVE 1 S TO FORM:
is G. Silva
City Attorney
Veronica Tam nd Associates, Inc.
(Corporation signatnr s of two corporate officers)
By:
Veronica Tam, President
By:
Veronica Tam, Secretary
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EXHIBIT A
Scope of Services
Task l: Public Participation
The CONSULTANT has included MIG, Inc. to provide expertise in designing and implementing
the community outreach program for the AI. MIG efforts will primarily focus on the community
workshops and focus group meetings.
Fair Housing Survey
The CONSULTANT will prepare a Fair Housing Survey and made it available to the general
public countywide. We will use www.SurveyMonkey.com to develop the web -based survey
where residents can respond to online. Hard copies will also be provided. The CONSULTANT
encourage staff at the County and participating jurisdictions to make the hard copies available at
public counters and at various community locations (including libraries, senior centers,
community health centers, etc.). While the survey is not specifically targeted for individuals with
special needs, making the survey available at community locations and through various service
providers will encourage those residents with special needs to respond to the survey. Both the
online survey and hard copy survey will be offered in English and Spanish. Additional languages
can be accommodated at additional costs.
"Test Your Fair Housing Knowledge" Educational Quiz
The CONSULTANT will produce a simple slide show structured as an educational quiz that
participating jurisdictions can put on their website. The quiz usually contains a series of
questions and answers to present myths and facts about fair housing. The following is an
example:
Question: A landlord rejects your application to rent a unit because you do not have a job. Is
this okay?
Answer: No, because a prospective tenant is only required to demonstrate ability to pay.
Discrimination against source of income (e.g. from employment vs. from public
assistance) is not allowed under California law.
The CONSULTANT will consult the various fair housing service providers regarding most
typical misconceptions about fair housing in the region and modify the quiz to reflect trends in
the region. The CONSULTANT has recently used this quiz in a community meeting and it
helped spark discussions among residents and service providers.
Community Workshops
MIG will support SDRAFFH in noticing, designing, facilitating and summarizing outcomes for
four (4) community workshops for the AI. The purpose of the workshops is to educate the
community about the AI, present the latest AI data to date, and, most importantly, facilitate
community members' input regarding impediments, gaps of services, and additional needs. MIG
will design one (1) workshop notice for all four workshops in both hardcopy/mail and e-blast
formats. MIG will assist SDRAFFH in identifying target groups who should receive the notice.
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These may include disability advocacy groups, civil rights commissions, faith -based
organizations, Regional Continuum of Care, and groups representing low and moderate income
persons, as well as housing professionals such as realtors, apartment owners associations, and
lending institutions. SDRAFFH will be responsible for producing hardcopies and
distributing/mailing to recipients, and for securing workshop venues.
The agenda, format, and information presented will generally be the same across all four
workshops, though the project team could present refined data specific to a workshop's local
communities. MIG will develop the workshop objectives, approach, format and agenda in
coordination with SDRAFFH. The format will likely include a slideshow presentation, followed
by a facilitated large group discussion with participants that will generate input on needs and
opportunities. MIG will design and produce handout materials including an agenda, comment
card and sign -in sheet. During the workshops, MIG will record key discussion points in real-
time using "facilitation graphics", which captures ideas, questions, and comments on large wall -
sized pieces of paper. Participants will also be encouraged to submit input via the comment
cards as part of the workshop record.
Up to ten (10) business days after the fourth workshop, MIG will produce a concise summary
report of the overall findings from the workshops, as well as workshop -specific findings. MIG
will also photo -reduce the wallgraphics and include them as attachments to the report. MIG will
submit the report in electronic format to SDRAFFH.
Interviews/Small Focus Groups
Specific community leaders and stakeholder groups will have a high level of interest in the
project. One-on-one interviews or small focus groups of 3-4 people provide an opportunity for
key stakeholders to discuss the project and their concerns while providing a way of
systematically "mapping" the issue areas and political landscape that underlies opportunities and
constraints. The interviews allow people to speak more candidly about their goals and
concerns —helping the project team to identify project issues and opportunities. Additionally, in
the longer view, the interviews provide SDRAFFH leadership with an important engagement
point with stakeholders who may be regularly or closely involved in planning efforts in the long
term. MIG will conduct up to 8 one-on-one interviews or small focus groups to be conducted in -
person with stakeholders identified and scheduled by SDRAFFH staff. The key findings of these
interviews will be synopsized in a memorandum.
Public Hearings
The CONSULTANT will attend one public hearing before the SDRAFFH to discuss the Draft AI
Update and up to six public hearings for presentation and legislative approval of the AI. If
additional meetings are required, those will be billed on a cost -per -hearing basis and constitute a
change order to the contracted scope of work.
Task 2: Community Profile
Whenever possible, all of the data presented in the AI will be broken down and analyzed by
individual jurisdiction. A combination of data sources will be used to update the profile,
including 2010 Census, five-year American Community Survey (ACS), data from various State
12
Departments, local Housing Elements, Consolidated Plans, and General Plans. Overall, the AI
Background will cover the following:
• Demographic Profile to include the number and proportion of persons by race/ethnicity,
age, disability, and familial status, as well as housing segregation (i.e. minority
concentrations). The CONSULTANT will correlate these demographic characteristics
with current and/or changing patterns of fair housing concerns.
• Income Profile to include income distribution of residents; evaluation of income
differences and poverty levels between race and special needs populations; concentration
of low and moderate income population by block group; estimates of dissimilarity index.
• Employment and Transportation Profile to discuss 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.
• Housing Profile to examine the implications of geography, diverse populations, and
income discrepancies. A discussion of the housing profile will include 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. This section will also include an assessment of the availability of
affordable and accessible housing in a range of unit sizes. Relationships between these
housing characteristics and fair housing concerns will be included. Barriers to affordable
housing will be discussed, separate from the fair housing discussions.
• Mapping of Planning Data will be prepared 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. Types of maps to be included, but may vary depending on data availability and
relevancy of specific issues, are:
1. Location of housing for seniors and disabled (e.g., Section 202 and 811 projects)
2. Location of public and assisted housing (e.g., public housing, HUD -funded
projects, and others as information is available)
3. Concentrations of Section 8 assistance (if available from the Local Housing
Authorities)
4. Concentration of licensed residential care facilities for persons with disabilities
5. Main transit routes in relation to employment centers, lower income, and special
needs populations, and assisted housing projects
6. Low and moderate income areas
7. Areas of racial/ethnic concentration
8. Location of high -risk lead -poisoning areas in relation to minority concentrations
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.
13
Task 3: Current Fair Housing Profile
We will evaluate the current fair housing profile in the San Diego region. This section will assess
the delivery of fair housing services, including the following:
• 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 services in each participating jurisdiction, including total amount of funding and
per -capita funding.
• How fair housing service providers have defined and executed their missions; whether
goals have been qualitative, quantitative, or both; degree of priority assigned to landlord -
tenant and other issues which do not necessarily present fair housing aspects.
• The effectiveness of fair housing service providers in conducting outreach activities to
target populations.
• The effectiveness of the investigation and enforcement activities of fair housing service
providers.
• Identify and describe fair housing practices and procedures of real estate associations and
apartment owners associations. This includes a description of common practices. In
addition, the CONSULTANT will review rental listings and for -sale listings to identify
potential discriminatory language in real estate advertising.
• Contact fair housing service provider, 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 County and participating
jurisdictions. Also included are:
1. 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.
2. Identification of the nature and extent of hate crimes in the County based on data
compiled by the police and by the Federal Bureau of Investigation (FBI).
3. Discussion of other fair housing issues such as the impact of "NIMBYism" on
housing choice.
4. Review results of random fair housing testing and the Fair Housing Initiative Program
(FHIP) testing performed during recent years to identify trends and patterns.
Task 4: Lending Practices
This section addresses lending practices in the San Diego region. Specifically, the
CONSULTANT will evaluate the following:
• Foreclosure activities and other characteristics as available;
• Disposition of conventional home purchase, home improvement, and home refinancing
loan applications by race and income of applicants;
• Disposition of government -backed home purchase and home improvement loan
applications by race and income of applicants;
14
• Lending in low and moderate income areas;
• Lending in minority concentration areas;
• Top lenders;
• Subprime lending activities;
• Recent changes in lending practices (such as criteria for loan modifications) due to the
mortgage crisis; and
• General discussion on insurance practices based on literature review, interviews, and fair
housing survey.
The 2013 HMDA data (to be released in September/October 2014) will be used for the lending
analysis.
Lending Patterns TM
Since our work on the 2010 San Diego AI, the CONSULTANT have significantly expanded our
ability to provide detailed analysis of lending data. VTA is a paid subscriber of Lending
Patterns, a web -based data exploration tool that analyzes lending records to produce reports on
various aspects of mortgage lending. It analyzes HMDA data to assess market share, approval
rates, denial rates, low/moderate income lending, and high -cost lending, among other aspects.
This versatile tool allows detailed analysis that is not feasible using the Centrax software or
publicly available tabulated data from the Federal Financial Institutions Examination Council
(FFIEC). Lending Patterns is primarily available to lending institutions, fair housing
professionals, or other government agencies. VTA obtained special permission from the
software developer to subscribe to this service.
Task 5: Land Use and Zoning Policies
In this task, the CONSULTANT will analyze public policies and regulations that impact the
location, availability, and accessibility of housing. To minimize staff efforts, the CONSULTANT
will first attempt to compile information regarding the participating jurisdictions' efforts in
complying with State housing laws relating to providing a range of housing choices for all
segments of the community.
• Review the Housing Elements, Zoning Ordinances, Annual Reports to HCD on the
implementation of the Housing Element, and collaborate with staff of all participating
jurisdictions to document compliance or approaches to compliance with the State
Housing Element law. Specifically, the State Housing Element law has been amended 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.
1. SB 520 (Reasonable Accommodation)
2. SB 2 (Emergency Shelters, Transitional Housing, Supportive Housing)
3. AB 2634 (Housing for Extremely Low Income Households, including SRO)
4. SB 812 (Housing for Persons with Developmental Disabilities)
15
If the CONSULTANT are unable to determine compliance based on review of above
documents, the CONSULTANT will develop a short questionnaire to be sent to all
participating jurisdictions.
• Evaluate the General Plan, Land Use Elements of all participating jurisdictions in relation
to the provision of housing choices.
• Assess the standards and procedures of all participating jurisdictions in terms of
occupancy codes and reasonable accommodation procedures as codified in the Municipal
Codes, and determine their effect on access to housing.
• Assess the provision of government services. This will be done by including a question
of the Fair Housing Survey regarding the equitable provision of government services.'
Another potential method of measure is to assess the per -capita spending on fair housing
services.
Mapping of data may be included this section (or referenced from the Community Profile
section). These may include location of affordable and special needs housing.
Task 6: Administrative Policy Review
The CONSULTANT will review the administrative policies, procedures and practices of the
County and all participating jurisdictions to assess any potential impediments to fair housing,
including:
• 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)
• Policies causing displacement;
• Selection of commissions and task forces with the ability to influence housing decisions;
• Public Housing Agency Plans (PHAPs) for policies regarding tenant selection, de -
concentration, delivery of services, and maintenance and accessibility; and
• Other policies as relevant.
Task 7: Progress since Previous AI
The CONSULTANT will obtain input from the County and the entitlement jurisdictions
regarding their progress in addressing fair housing impediments and implementing
recommendations identified in the 2010 AI. The CONSULTANT will review the CAPER
reports, Housing Elements and Annual Reports to HCD, and other documents to compile
information on the progress in mitigating the fair housing impediments.
The CONSULTANT understand the SDRAFFH has been diligently coordinating the efforts in
the region for addressing impediments to and promoting fair housing. This assessment, along
The RFP specifies the mapping of parks and community facilities to identify the equitable distribution of such
amenities in low and moderate income areas and areas of minority concentrations. However, our most recent
discussions with HUD's Fair Housing and Equal Opportunity (FHEO) Office is that the availability of parks and
facilities is not a fair housing issue and should not be discussed in the Al.
16
with the new analyses conducted in the previous tasks, will form the basis for the new Fair
Housing Action Plan.
In evaluating the progress toward addressing impediments, the CONSULTANT will identify:
• Conditions and impediments that are no longer relevant;
• Impediments that have been fully mitigated; and
• Impediments that require additional efforts, and therefore to be carried forward to the new
AI period.
Task 8: Fair Housing Action Plan
This section will summarize the impediments identified and recommended actions. In the Fair
Housing Action Plan, the CONSULTANT will work with staff of all participating jurisdictions
and the fair housing service provider to identify and make recommendations on specific actions
that can be taken to address identified impediments and affirmatively further fair housing choice
in the County. Action Plan would categorize impediments according to:
• Carried over vs. new impediments
• Regional vs. local impediment
• Rank -ordering of impediments based on availability of funding, impact of actions, and
jurisdictional authority, among others factors
Task 9: Executive Summary
An executive summary of the AI will be provided.
Task 10: Draft and Final AI
The CONSULTANT will prepare a preliminary Draft AI for review by all participating
jurisdictions. Given the significant number of participants and our experience in preparing the
2010 San Diego Regional AI, at least four to six weeks are required to gather and address
comments from all participating jurisdictions. Our budget assumes two rounds of review and
comments before formulating the Public Review Draft AI.
Our budget also includes up to six public hearings for the presentation and approval of the AI.
Upon adoption of the AI, the CONSULTANT will compile a Final Adopted AI, with signatures
of elected officials or their designees to officially recognize the AI.
Optional: Change Orders
The CONSULTANT understand that individual jurisdictions may require additional assistance,
such as additional presentations, or response to extensive public comments that are specific to
particular jurisdictions. VTA and our subcontractor, MIG, will prepare Change Order(s) to
provide the additional services. Scope and budget will be approved by the requesting
jurisdictions prior to performing the extra task. Budget will be estimated based on the hourly
rates presented in the Budget section of this proposal.
17
Deliverables
Public Participation
• Fair Housing Survey (English and Spanish - Hard copy format and SurveyMonkey
format)
• "Test Your Fair Housing Knowledge" Quiz (electronic - PowerPoint and Video Clip)
• Workshop notice in hardcopy format (electronic)
• Workshop notice in e-blast format (electronic)
• Memorandum: workshop objectives, approach, format and agenda
■ PowerPoint presentation (electronic) and wallgraphic equipment
• Handouts and materials: agenda, comment card, sign -in sheet (approx. 200 copies)
• Summary report of workshop findings, with photo -reduced wallgraphics (electronic)
• Interview questions (electronic)
• Summary of findings from 8 interviews/small focus groups (electronic)
Draft and Final AI Reports
• Administrative Draft AI (electronic copy)
• Public Review Draft AI (electronic copy)
• PowerPoint presentation summarizing the AI process and fair housing impediments and
recommendations
■ Adopted AI (electronic copy and 19 hard copies, one for each jurisdiction)
Schedule of Charges
Below is the costs to update the San Diego Regional AI. This budget, totals $128,220, does not
include Fair Housing Testing.
PROJECT TASKS
Veronica Tam and Associates, Inc.
MIG, Inc.
Project
Total
Tam
Suimanjaya/ Pasillasl
Trimble/Adair Tech
Direct
Cost
VTA Total
Stetson Pendoley Gonzalez Graphics
Direct
Cost
MIG Total
$150
$ 110
$ 80
$ 195
$ 135
$ 110
$ 110
Task 1: Public Participation
Fair Housing Survey
2
12
48
$ 300
$ 5,760
0
0
0
0
$ -
$ •
$ 5,760
"Test Your Fair Housing Knowledge"
2
8
0
$ -
$ 1,180
0
0
0
0
$ -
$ -
$ 1,180
Community Workshops (4)
12
12
0
$ 400
$ 3,520
3
44
78
26
$ 900
$ 18,865
$ 22,385
Interviews/Small Focus Groups
2
0
0
$ -
$ 300
1
20
0
0
$ 100
$ 2,995
$ 3,295
SDRAFFH Presentation (1)I
40
0
12
$ 600
$ 7,560
0
0
0
0
$ -
$ -
$ 7,560
Public Hearings (6)
Subtotal
58
32
60 $ 1,300 $ 18,320
4
64
78
26 $ 1,000 $ 21,860
$ 40,180
Task 2: Conmunity Profile
6
8
16
$ -
$ 3,060
4
0
140
0
$ -
$ 16,180
$ 19,240
Task 3: Current Fair Housing Profile
4
16
40
$ -
$ 5,560
0
0
0
0
$ -
$ -
$ 5,560
Task 4: Lending Practices
8
16
40
$ -
$ 6,160
0
0
0
0
$ -
$ -
$ 6,160
Task 5: Land Use and Zoning Policies
20
40
60
$ -
$ 12,200
0
0
0
0
$ -
$ -
$ 12,200
Task 6: Administrative Policy Review
4
20
40
$ -
$ 6,000
0
0
0
0
$ -
$ -
$ 6,000
Task 7: Progress since Previous Al
6
40
20
$ -
$ 6,900
0
0
0
0
$ -
$ -
$ 6,900
Task 8: Fair Housing Action Plan
20
40
0
$ -
$ 7,400
0
0
0
0
$ -
$ •
$ 7,400
Task 9: Executive Summary
4
8
0
$ -
$ 1,480
0
0
0
0
$ -
$ •
$ 1,480
Task 10: Draft and Final Al
40
40
40
$ 1,500
$ 15,100
0
0
0
0
$ -
$ •
$ 15,100
Staff Meetings/Communications
24
16
0
$ -
$ 5,360
0
8
0
0
$ -
$ 1,080
$ 6,440
Total without Fair Housing Testing
194
276
316
$ 2,800
$ 87,540
8
72
218
26
$ 1,000
$ 39,120
$ 126,660
Each participating entitlement jurisdiction is responsible for a share of this total budget based on
its share of overall CDBG formula allocation for FY 2015, as follows:
18
San Diego Regional - Estimated Al Contributions perJurisdiction
Based on FY 15 CDBG Entitlement
FY 2015 Entitlement %Share $ Share Bus Lic* Total
City of San Diego $ 10,978,461 46.28% $ 58,622.40 $ 58,622.40
County of San Diego $ 3,592,522 15.15% $ 19,183.22 $ 19,183.22
Chula Vista $ 1,719,498 7.25% $ 9,181.71 $ 9,181.71
Oceanside $ 1,200,645 5.06% $ 6,411.16 $ 6,411.16
Escondido $ 1,452,348 6.12% $ 7,755.20 $ 7,755.20
El Cajon $ 1,157,598 4.88% $ 6,181.30 $ 6,181.30
Vista $ 854,222 3.609f, $ 4,561.34 $ 4,561.34
National City $ 774,566 3.27% $ 4,136.00 $ 4,136.00
San Marcos $ 568,620 2.40% $ 3,036.30 $ 3,036.30
Carlsbad $ 484,303 2.04% $ 2,586.06 $ 2,586.06
La Mesa $ 379,395 1.60% $ 2,025.88 $ 2,025.88
Encinitas $ 278,297 1.17% $ 1,486.04 $ 1,486.04
Santee $ 279,672 1.18% $ 1,493.38 $ 77.00 $ 1,570.38
Total $ 23,720,147 100.00% $ 126,660.00 $ 126,737.00
* VTA is currently working on other projects for the cities of Carlsbad, La Mesa, and Encinitias. These cities
either do not require a business license or we have already secured a business license for our services.
However, for the City of Santee and other cities with small budget shares, VTA requests that the business
license fees be reimbursed.
Activity Schedule
Until the AFFH proposed rule becomes the final rule, the AI has no specific deadline but is
expected to be updated every five years. The RFP provides a tentative schedule for completing
the AI.
Task
Kick-off Meeting
Tentative Timeline
October 2014
Fair Housing Survey
December 2014 — January 2015
"Test Your Fair Housing Knowledge" Quiz
December 2014
Interviews/Small Focus Groups
November - December 2014
Community Workshops (4)
January — February 2015
Staff Review Draft AI
March 2015
Draft AI
April 2015
Final AI
May 2015
19
CITY OF NATIONAL CITY
Office of the City Clerk
1243 National City Blvd., National City, California 91950
619-336-4228 phone / 619-336-4229 fax
Michael R. Dalla, CMC - City Clerk
April 13, 2015
Ms. Veronica Tam
Veronica Tam and Associates, Inc.
107 S. Fair Oaks Avenue, Suite 212
Pasadena, CA 91105
Dear Ms. Tam,
On March 26th, 2015, an Agreement was entered between the City of National City and
Veronica Tam and Associates, Inc.
We are enclosing for your records a fully executed original Agreement.
Sincerely,
Michael R. Dalla, CMC
City Clerk
Enclosure