HomeMy WebLinkAboutVeronica Tam and Associates Inc; 2014-11-19;AGREEMENT FOR CONSULTING SERVICES
VERONICA TAM & ASSOCIATES INC.
THIS AGREEMENT is made and entered into as of the \<^-^ day of
AicKycM.jbg.r- 20i,V • by and between the CITY OF CARLSBAD, a municipal
corporation, ("City"), and Veronica Tam & Associates, a California Corporation, ("Contractor").
RECITALS
City requires the professional services of a technical professional that is experienced in
the Community Development Block Program and submitting Regional Impediments. Contractor
has the necessary experience in providing these professional services, has submitted a proposal
to City and to the United States Housing and Urban Development Department and has affirmed
its willingness and ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. SCOPE OF WORK
City retains Contractor to perform, and Contractor agrees to render, those services (the
"Services") that are defined in Exhibit "A", attached and incorporated by this reference in
accordance with the terms and conditions set forth in this Agreement.
2. TERM
This Agreement will be effective for a period of 12 months from the date first above written.
3. COMPENSATION
The total fee payable for the Services to be performed will be eight thousand nine hundred dollars
($8,900.00). No other compensation for the Services will be allowed except for items covered by
subsequent amendments to this Agreement. City reserves the right to withhold a ten percent
(10%) retention until City has accepted the work and/or the Services specified in Exhibit "A."
4. STATUS OF CONTRACTOR
Contractor will perform the Services as an independent contractor and in pursuit of Contractor's
independent calling, and not as an employee of City. Contractor will be under the control of City
only as to the results to be accomplished.
5. INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees
and volunteers from and against all claims, damages, losses and expenses including attorney
fees arising out of the performance of the work described herein caused by any negligence,
recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or
indirectly employed by any of them or anyone for whose acts any of them may be liable.
The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or
makes to or on behalf of an injured employee under the City's self-administered workers'
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compensation is included as a loss, expense or cost for the purposes of this section, and that this
section will survive the expiration or early termination of this Agreement.
6. INSURANCE
Contractor will obtain and maintain policies of commercial general liability insurance, automobile
liability insurance, a combined policy of workers' compensation, employers liability insurance, and
professional liability insurance from an insurance company authorized to transact the business of
insurance in the State of California which has a current rating in the Best's Key Rating guide of at
least A-:VII OR with a surplus line insurer on the State of California's List of Eligible Surplus Line
Insurers (LESLI) with a rating in the latest Best's Key Rating Guide of at least "A:X", in an amount
of not less than one million dollars ($1,000,000) each, unless otherwise authorized and approved
by the Risk Manager or the City Manager. Contractor will obtain occurrence coverage, excluding
Professional Liability, which will be written as claims-made coverage. The insurance will be in
force during the life of this Agreement and will not be canceled without thirty (30) days prior written
notice to the City by certified mail. City will be named as an additional insured on General Liability
which shall provide primary coverage to the City. Contractor will furnish certificates of insurance
to the Contract Department, with endorsements to City priorto City's execution ofthis Agreement.
7. CONFLICT OF INTEREST
Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the
requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report
investments or interests in all four categories.
8. COMPLIANCE WITH LAWS
Contractor will comply with all applicable local, state and federal laws and regulations prohibiting
discrimination and harassment and will obtain and maintain a City of Carlsbad Business License
for the term of this Agreement.
9. TERMINATION
City or Contractor may terminate this Agreement at any time after a discussion, and written notice
to the other party. City will pay Contractor's costs for services delivered up to the time of
termination, ifthe services have been delivered in accordance with the Agreement.
10. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees it may be subject to civil penalties for the filing of
false claims as set forth in the California False Claims Act, Government Code sections 12650, et
seq.. and Carlsbad Municipal Code Sections 3.32.025, et seq. Contractor further acknowledges
that debarment by another jurisdiction is grounds for the City of Carlsbad to terminate this
Agreement.
11. JURISDICTIONS AND VENUE
Contractor agrees and stipulates that the proper venue and jurisdiction for resolution of any disputes
between the parties arising out of this Agreement is the State Superior Court, San Diego County,
California.
12. ASSIGNMENT
Contractor may assign neither this Agreement nor any part of it, nor any monies due or to become
due under it, without the prior written consent of City.
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13. AMENDMENTS
This Agreement may be amended by mutual consent of City and Contractor, Any amendment will
be in writing, signed by both parties, with a statement of estimated changes in charges or time
schedule.
14. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf of
Contractor each represent and warrant that they have the legal power, right and actual authority
to bind Contractor to the terms and conditions of this Agreement.
CONTRACTOR
By:
By:
(sign here)
(print name/title)
(sign here)
(pnnt name/title)
CITY OF CARLSBAD, a municipal
corporation of the State of California
hL. •"GttylVlanagor or Mayor OF Division Director
Debbie Fountain
ATTEST:
JBARA EN6LBP0N
City Clerk
If required by City, proper notarial acknowledgment of execution by contractor must be attached.
If a corporation. Agreement must be signed by one corporate officer from each of the following
two groups:
Group A.
Chairman,
President, or
Vice-President
Group B.
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
CELIA A. BREWER, City Attorney
By:
ssistant City Attorney
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EXHIBIT "A"
SCOPE OF SERVICES
Carlsbad will be participating in the FY 2015-2019 San Diego Regional Analysis of Impediments
to Fair Housing Choice which will be a combined effort of ail jurisdictions within the County of
San Diego. Per the executed contract, Veronica Tam and Associates will be performing the
following scope of work.
SCOPE
1) Public Participation
In coordination with each jurisdiction, Veronica Tam and Associates will perform various
public participation and outreach efforts.
i) Fair Housing Survey
ii) "Test Your Fair Housing Knowledge" Educational Quiz
iii) Community Workshops
iv) Small Focus Groups
v) Public Hearings
2) Community Profile
Whenever possible, all of the data presented in the Al will be broken down and analyzed per
participating 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 Departments, local Housing Elements, Consolidated Plans and General Plans. These
data sources will help uncover the following facts:
i) Demographic profile
ii) Income profile
iii) Employment and transportation profile
iv) Housing profile
v) Mapping of planning data
3) Current Fair Housing Profile
The current fair housing profile for the San Diego region will be determined. These tests will
assess the delivery of fair housing services.
4) Lending Practices
Veronica Tam and Associates will address lending practices throughout the San Diego
region. The following elements will be evaluated:
i) Foreclosure activities
ii) Disposition of conventional home purchase, home improvement and home
refinancing loan applications by race and income of applicants
iii) Disposition of government-backed home purchase and home improvement loan
applications by race and income of applicants
iv) Lending in low and moderate income areas
v) Top lenders
vi) Subprime lending activities
vii) Recent changes in lending practices due to the mortgage crisis
viii) General discussion on insurance practices
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5) Land use and zoning policies
Veronica Tam and Associates will analyze public policies and regulations that impact the
location, availability and accessibility of housing.
6) Administrative Policy Review
Veronica Tam and Associates will review administrative policies, procedures and current
practices being implemented in all participating jurisdictions to assess any potential
impediments to fair housing including:
i) Sensitivity and fair housing training for staff
ii) Multilingual capability of code enforcement and housing staff programs
iii) Accessibility of public facilities (Section 504 and ADA compliance)
iv) Policies causing displacement
v) Selection of commissions and task forces and the ability to influence housing
decisions
vi) Public Housing Agency Plans for policies regarding tenant selection, de-
concentration, delivery of services and maintenance and accessibility
7) Progress since previous Al
Veronica Tam and Associates, in cooperation with participating jurisdictions, will evaluate
the progress toward addressing impediments since the completion ofthe last Al.
8) Fair Housing Action Plan
Veronica Tam and Associates will summarize the identified impediments and recommend
actions for the region going fonA/ard.
9) Executive Summary
10) Draft and Final Al
Veronica Tam and Associates will draft and prepare all necessary documents for each
participating jurisdiction to review.
11) Fair Housing Testing
The City of Carlsbad will participate in the additional element offered to conduct fair housing
testing within the jurisdiction.
i) In Carlsbad, the subcontractor will perform one test of an identified impediment at 10
various sites throughout the jurisdiction.
DELIVERABLES
Public Participation
1) Fair Housing Survey (English and Spanish - hard copy format and SurveyMonkey format)
2) "Test Your Fair Housing Knowledge" Quick
3) Workshop notice in hard copy format
4) Workshop notice in e-blast format
5) Memorandum: workshop objectives, approach, format and agenda
6) PowerPoint presentation and wallgraphic equipment
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7) Handouts and materials: agenda, comment card sign-in sheet
8) Summary report of workshop findings, with a photo-reduced wallgraphics
9) Interview questions
10) Summary of findings from 8 interviews/small focus groups
Draft and Final Al Reports
1) Administrative Draft Al
2) Public Review Draft Al
3) PowerPoint presentation summarizing the Al process and fair housing impediments and
recommendations
4) Adopted Al
TIMELINES
Task Timeline
Kick-off meeting October 2014
Fair Housing Testing November 2014 - January 2015
"Test Your Fair Housing Knowledge Quiz" November 2014
Interviews/Small Focus Groups November - December 2014
Community Workshops (4) January - February 2015
Staff Review of Draft Al March 2015
Draft Al April 2015
Final Al May 2015
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