HomeMy WebLinkAbout13 - PSA to Prepare a Multi-Jurisdictional Analysis of Impediments to Fair Housing Choice and a Five-Year Housing Action PlanCITY OF
NEWPORT BEACH
- City Council Staff Report
TO:
FROM:
PREPARED BY:
PHONE:
TITLE:
ABSTRACT:
June 9, 2015
Agenda Item No. 13
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
Kimberly Brandt, Community Development Director — (949) 644 -3226,
kbrandt @newportbeachca.gov
James Campbell, Principal Planner
(949) 644 -3210 or Jcampbell @newportbeachca.gov
Professional Services Agreement to Prepare a Multi- Jurisdictional Analysis of
Impediments to Fair Housing Choice and a Five -Year Housing Action Plan
Approval of a professional service agreement (PSA) with GRC & Associates, Inc. to prepare a multi -
jurisdictional Analysis of Impediments to Fair Housing Choice (AI) and a Five -Year Housing Action Plan for
an amount not to exceed $186,000 (Attachment CC1).
RECOMMENDATION:
Approve the Professional Services Agreement, and authorize the Mayor and City Clerk to execute the
agreement.
FUNDING REQUIREMENTS:
The City is one of sixteen cities acting as a group to prepare the Al analysis consistent with U.S.
Department of Housing and Urban Development (HUD) requirements and to share proportionally in
the cost based upon population. The Council allocated $25,000 in the FY 2014 -15 budget for this project,
and Newport Beach's share of the cost will be $7,710.55. Any additional costs due to unforeseen changes
to the scope of work will also be shared based upon population. Each of the participating cities will execute
a Memorandum of Understanding agreeing to reimburse the City for their cost share (Attachment CC2).
DISCUSSION:
Background
Participation in HUD entitlement grant programs, such as the Community Development Block Grant
(CDBG), requires jurisdictions to affirmatively further fair housing choice. Cities provide fair housing
services through a third party service provider, and these services are typically funded through the HUD
grant programs.
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Newport Beach presently contracts with the Fair Housing Foundation who in turn provides free counseling
services to the community and funding is provided through the City's CDBG program. Participating
jurisdictions must also prepare an analysis of impediments to fair housing choice and adopt a plan to
address impediments found that are within their ability to control or influence. The City last participated in a
multi - jurisdictional or regional analysis in 2010, and the prior analysis and action plan expires on July 1,
2015.
Selection Process
Community Development staff has been working with the cities of Anaheim, Buena Park, Costa Mesa,
Fountain Valley, Fullerton, Garden Grove, Huntington Beach, La Habra, Lake Forest, Mission Viejo,
Orange, Rancho Santa Margarita, San Clemente, Santa Ana, and Tustin to prepare a new analysis and
action plan. Staff has taken a lead role to organize the effort on behalf of the other cities.
Pursuant to Council Policy F -14 and the City Manager's Administrative Policy Manual, a request for
proposals was issued and two proposals were received. Staff representatives from five of the sixteen
jurisdictions interviewed the consultants and determined that GRC & Associates was the most qualified.
New Analysis of Impediments and Five -Year Action Plan
GRC will review the fair housing service records collected from the two service providers that operate within
the County (Fair Housing Council of Orange County and the Fair Housing Foundation) to see if there are
any trends that require additional review. They will look at the effectiveness of fair housing services with an
eye to improve services. GRC will prepare several surveys that will be made available to community
leaders, public service providers, community stakeholders, and the general public in several languages
depending on individual city needs. Completed surveys will provide valuable information on perceived
barriers to fair housing choice and suggested actions to address those barriers.
GRC will review each city's policy documents and ordinances to identify impediments to fair housing choice
and offer guidance on how to remove those barriers. GRC will also review home lending practices in
Orange County to see if there are any patterns of unfair lending practices. The consultant will conduct five
joint community meetings where the public will be invited to provide information on what barriers they
perceive and how to address them.
After the research and analysis is complete, GRC will prepare a five -year plan outlining each jurisdiction's
recommended action items to address impediments found. Recommendations will be categorized by
individual city actions, sub - regional actions and regional actions. Individual actions will be those within each
city's control and the remaining actions will necessitate cooperation between cities or involvement at a
County, State, or Federal level.
The process will begin in June 2015 and be completed in Winter 2015. Each city will be asked to approve
the Al and Five -Year Action Plan and submit the records to HUD. Approval of the documents will be the
City's formal commitment to reducing housing discrimination and affirmatively furthering fair housing
choice.
ENVIRONMENTAL REVIEW:
The recommended action to approve the PSA is not subject to the California Environmental Quality Act
(CEQA) pursuant to Section 15060(c)(3) (the activity is not a project as defined in Section 15378) of the
CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for
resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at
which the City Council considers the item).
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ATTACHMENTS:
Description
Attachment CC1 - Professional Services Agreement
Attachment CC2 - Cost Breakdown & Samole MOU
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Attachment M
Draft Professional Services Agreement
With Scope of Work
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PROFESSIONAL SERVICES AGREEMENT
WITH GRC ASSOCIATES, INC. FOR
REGIONAL ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE AND
FIVE YEAR FAIR HOUSING ACTION PLAN
THIS PROFESSIONAL SERVICES AGREEMENT ( "Agreement') is made and
entered into as of this 19th day of May, 2015 ( "Effective Date "), by and between the
CITY OF NEWPORT BEACH, a California municipal corporation and charter city
( "City "), and GRC ASSOCIATES, INC., a California corporation ( "Consultant'), whose
address is 858 Oak Park Road, Suite 280, Covina, California 91724, and is made with
reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant to provide a regional analysis of impediments
to Fair Housing Choice and Five (5) Year Fair Housing Action Plan ( "Project ").
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on May 31, 2016, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ( "Services"
or "Work "). City may elect to delete certain Services within the Scope of Services at its
sole discretion.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this
Agreement and Consultant shall perform the Services in accordance with the schedule
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included in Exhibit A. In the absence of a specific schedule, the Services shall be
performed to completion in a diligent and timely manner. The failure by Consultant to
strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a
diligent and timely manner may result in termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for
delays due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein not later than ten (10) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Consultant's control.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to-
exceed basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit B and incorporated herein by reference.
Consultant's compensation for all Work performed in accordance with this Agreement,
including all reimbursable items and subconsultant fees, shall not exceed One Hundred
Eighty Six Thousand Dollars and 00/100 ($186,000.00), without prior written
authorization from City. No billing rate changes shall be made during the term of this
Agreement without the prior written approval of City.
4.2 City shall pay Consultant according to the following progress payment
schedule:
4.2.1 Forty percent (40 %) of the total cost shall be paid to Consultant
within thirty (30) days upon submission of both an invoice for the Work or Services
performed, and a complete draft Multi- Jurisdictional Analysis of Impediments to Fair
Housing Choice for review by the participating jurisdictions.
4.2.2 Twenty percent (20 %) of the total cost shall be paid to Consultant
within thirty (30) days upon submission of both an invoice for the Work or Services
performed, and a complete draft of the Five (5) -year Fair Housing Action Plan for review
by the participating jurisdictions.
4.2.3 Thirty percent (30 %) of the total cost shall be paid to Consultant
within thirty (30) days upon submission of both an invoice for the Work or Services
performed, and a complete final draft of the Regional Analysis of Impediments Five (5)-
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year Fair Housing Action Plan to HUD for review and approval after approval of the
documents by participating jurisdictions.
4.2.4 Ten percent (10 %) of the total cost shall be paid to Consultant
within thirty (30) days upon submission of: an invoice for the Work or Services
performed, and HUD's determination that the Multi- Jurisdictional Analysis of
Impediments to Fair Housing Choice and the Five (5) -year Fair Housing Action Plan
meets or exceeds current HUD requirements and the Fair Housing Planning Guide
issued by HUD.
4.3 Consultant shall submit invoices to City according to the milestones listed
in Section 4.2, and invoices shall describe the Work performed in the preceding time
period. Consultant's bills shall include the name of the person who performed the Work,
a brief description of the Services performed and /or the specific task in the Scope of
Services to which it relates, the date the Services were performed, the number of hours
spent on all Work billed on an hourly basis, and a description of any reimbursable
expenditures.
4.4 City shall reimburse Consultant only for those costs or expenses
specifically identified in Exhibit B to this Agreement or specifically approved in writing in
advance by City.
4.5 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the
Project, but which is not included within the Scope of Services and which the parties did
not reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated John Oshimo to be its
Project Manager. Consultant shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project
any of its personnel assigned to the performance of Services upon written request of
City. Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
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5.3 If Consultant is performing inspection services for City, the Project
Manager and any other assigned staff shall be equipped with a cellular phone to
communicate with City staff. The Project Manager's cellular phone number shall be
provided to City.
6. ADMINISTRATION
This Agreement will be administered by the Community Development
Department, Planning Division. City's Principal Planner or designee shall be the Project
Administrator and shall have the authority to act for City under this Agreement. The
Project Administrator shall represent City in all matters pertaining to the Services to be
rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such materials in a
timely manner so as not to cause delays in Consultant's Work schedule.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with the highest professional
standards. For purposes of this Agreement, the phrase "highest professional
standards" shall mean those standards of practice recognized by one (1) or more first -
class firms performing similar work under similar circumstances.
8.2 All Services shall be performed by qualified and experienced personnel
who are not employed by City. By delivery of completed Work, Consultant certifies that
the Work conforms to the requirements of this Agreement, all applicable federal, state
and local laws, and the highest professional standard.
8.3 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.4 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
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9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers and employees (collectively, the "Indemnified Parties ") from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims "), which may arise from or in any manner
relate (directly or indirectly) to any breach of the terms and conditions of this
Agreement, any Work performed or Services provided under this Agreement including,
without limitation, defects in workmanship or materials or Consultant's presence or
activities conducted on the Project (including the negligent, reckless, and /or willful acts,
errors and /or omissions of Consultant, its principals, officers, agents, employees,
vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly
by any of them or for whose acts they may be liable, or any or all of them).
9.2 Notwithstanding the foregoing, nothing herein shall be construed to
require Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorneys' fees in any action
on or to enforce the terms of this Agreement. This indemnity shall apply to all claims
and liability regardless of whether any insurance policies are applicable. The policy
limits do not act as a limitation upon the amount of indemnification to be provided by
Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No
civil service status or other right of employment shall accrue to Consultant or its
employees. Nothing in this Agreement shall. be deemed to constitute approval for
Consultant or any of Consultant's employees or agents, to be the agents or employees
of City. Consultant shall have the responsibility for and control over the means of
performing the Work, provided that Consultant is in compliance with the terms of this
Agreement. Anything in this Agreement that may appear to give City the right to direct
Consultant as to the details of the performance of the Work or to exercise a measure of
control over Consultant shall mean only that Consultant shall follow the desires of City
with respect to the results of the Services.
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11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in
order to ensure the Project proceeds in a manner consistent with City goals and
policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the
term of this Agreement or for other periods as specified in this Agreement, policies of
insurance of the type, amounts, terms and conditions described in the Insurance
Requirements attached hereto as Exhibit C, and incorporated herein by reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall
be construed as an assignment: The sale, assignment, transfer or other disposition of
any of the issued and outstanding capital stock of Consultant, or of the interest of any
general partner or joint venturer or syndicate member or cotenant if Consultant is a
partnership or joint- venture or syndicate or co- tenancy, which shall result in changing
the control of Consultant. Control means fifty percent (50 %) or more of the voting
power or twenty -five percent (25 %) or more of the assets of the corporation, partnership
or joint- venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Consultant shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such
subcontractor other than as otherwise required by law. City is an intended beneficiary
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of any Work performed by the subcontractor for purposes of establishing a duty of care
between the subcontractor and City. Except as specifically authorized herein, the
Services to be provided under this Agreement shall not be otherwise assigned,
transferred, contracted or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other
writing produced, including but not limited to, websites, blogs, social media accounts
and applications (hereinafter "Documents "), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and City
shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Additionally, all material posted in
cyberspace by Consultant, its officers, employees, agents and subcontractors, in the
course of implementing this Agreement, shall become the exclusive property of City,
and City shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents, including all logins and password information to City
upon prior written request.
17.2 Documents, including drawings and specifications, prepared by
Consultant pursuant to this Agreement are not intended or represented to be suitable
for reuse by City or others on any other project. Any use of completed Documents for
other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to Consultant's
deliverables under this Agreement by City or persons other than Consultant is waived
against Consultant, and City assumes full responsibility for such changes unless City
has given Consultant prior notice and has received from Consultant written consent for
such changes.
17.3 All written documents shall be transmitted to City in formats compatible
with Microsoft Office and /or viewable with Adobe Acrobat.
18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept
confidential unless City expressly authorizes in writing the release of information.
19. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including
costs, contained in Consultant's Documents provided under this Agreement.
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20. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3)
years, or for any longer period required by law, from the date of final payment to
Consultant under this Agreement. All such records and invoices shall be clearly
identifiable. Consultant shall allow a representative of City to examine, audit and make
transcripts or copies of such records and invoices during regular business hours.
Consultant shall allow inspection of all Work, data, Documents, proceedings and
activities related to the Agreement for a period of three (3) years from the date of final
payment to Consultant under this Agreement.
21. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall
not discontinue Work as a result of such withholding. Consultant shall have an
immediate right to appeal to the City Manager or designee with respect to such disputed
sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of
return that City earned on its investments during the time period, from the date of
withholding of any amounts found to have been improperly withheld.
22. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would
have resulted if there were not errors or omissions in the Work accomplished by
Consultant, the additional design, construction and /or restoration expense shall be
borne by Consultant. Nothing in this Section is intended to limit City's rights under the
law or any other sections of this Agreement.
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
24. CONFLICTS OF INTEREST
24.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to
disclose any financial interest that may foreseeably be materially affected by the Work
performed under this Agreement, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such interest.
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24.2 If subject to the Act, Consultant shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Consultant shall indemnify and hold harmless
City for any and all claims for damages resulting from Consultant's violation of this
Section.
25. NOTICES
25.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first -
class mail, addressed as hereinafter provided.
25.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: James Campbell, Principal Planner
Community Development Department, Planning Division
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
25.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: John N. Oshimo
GRC Associates, Inc.
858 Oak Park Road, Suite 280
Covina, CA 91724
26. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in
writing, all claims for compensation under or arising out of this Agreement.
Consultant's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Agreement except those previously made in
writing and identified by Consultant in writing as unsettled at the time of its final request
for payment. Consultant and City expressly agree that in addition to any claims filing
requirements set forth in the Agreement, Consultant shall be required to file any claim
Consultant may have against City in strict conformance with the Government Claims Act
(Government Code sections 900 et seq.).
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27. TERMINATION
27.1 In the event that either party fails or refuses to perform any of the
provisions of this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not cured
within a period of two (2) calendar days, or if more than two (2) calendar days are
reasonably required to cure the default and the defaulting party fails to give adequate
assurance of due performance within two (2) calendar days after receipt of written
notice of default, specifying the nature of such default and the steps necessary to cure
such default, and thereafter diligently take steps to cure the default, the non - defaulting
party may terminate the Agreement forthwith by giving to the defaulting party written
notice thereof.
27.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for
which Consultant has not been previously paid. On the effective date of termination,
Consultant shall deliver to City all reports, Documents and other information developed
or accumulated in the performance of this Agreement, whether in draft or final form.
28. STANDARD PROVISIONS
28.1 Recitals. City and Consultant acknowledge that the above Recitals are
true and correct and are hereby incorporated by reference into this Agreement.
28.2 Compliance with all Laws. Consultant shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
28.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent
breach of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
28.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged
herein. No verbal agreement or implied covenant shall be held to vary the provisions
herein.
28.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
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28.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
28.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney,
28.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
28.9 Controlling Law and Venue. The laws of the State of California shall
govern this Agreement and all matters relating to it and any action brought relating to
this Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
28.10 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex, age or any other impermissible basis under law.
28.11 No Attorneys' Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorneys' fees.
28.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts,. each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY' OFFICE
Date: 5 Z2
By: �F•�
Aaron C. Ha
City Attorney
ATTEST:
Date:
By:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
Edward D. Selich
Mayor
CONSULTANT: GRC Associates, Inc., a
California corporation
Date:
By:
John Oshimo
President/Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
GRC Associates, Inc. Page 12
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EXHIBIT A
SCOPE OF SERVICES
GRC Associates, Inc. Page A -1
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Proposal
For the City of Newport Beach
Regional Analysis of Impediments to
Fair Housing Choice and Five -Year Fair
Housing Action Plan
April 3, 2015
GRC Associates, Inc.
858 S Oak Park Road, Suite 280
Covina, CA 91724
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r r -
Project Title: REGIONAL ANALYSIS OF IMPEDIMENTS TO
FAIR HOUSING CHOICE AND 5 -YEAR FAIR
HOUSING ACTION PLAN
Firms: GRC Associates, Inc.
858 Oak Park Road, Suite 280
Covina, CA 91724
Tel: 626.331.6373/Fax: 626.331.6375
Karen Warner Associates, Inc.
882 N. Holliston Ave.
Pasadena, CA 91104
Tel: 626.791.5596
City of Newport Beach ( Regional Aland 5-Year Fair Housing Action Plan
VISSM
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A. STATEMENT OF QUALIFICATIONS
GRC Associates, Inc.
Legal Name: GRC Associates, Inc., a California corporation
Office Location: 858 Oak Park Road, Ste. 280
Covina, California 91724
Tel: 626.331.6373/Fax: 626.331.6375
aoshimo @grcassoc.com
Contact Person: John N. Oshimo, President
GRC Associates, Inc. (GRC), a California corporation, is a multi - disciplinary planning
firm that has provided professional consulting services to more than 60 cities and
public agencies in California for the last 30 years. GRC's office is located in the City of
Covina, California and has a staff of four with experience in CDBG and HOME - funded
programs.
GRC is distinguished by its experience and expertise in all facets of the planning
process, from comprehensive, long -range community planning to the development
and implementation of specific programs and projects. The firm has prepared
General Plan updates, in particular, Housing Elements for numerous cities in
California. In addition, GRC has prepared a Five -Year Consolidated Plan, Annual
Action Plan and Analysis of Impediments to Fair Housing Choice (AI). Additionally,
GRC has helped five southern California cities implement CDBG and /or HOME housing
rehabilitation programs by assisting applicants through the loan /grant application and
construction process, while working closely with the City's housing coordinators.
Currently, GRC is preparing the City of Bakersfield's Five -Year ConPlan, Action Plan,
Citizen Participation Plan and Al.
Karen Warner Associates
Karen Warner Associates, Inc. (KWA) specializes in providing housing policy consulting
services to municipal clients. Ms. Warner offers over twenty -five years of experience
in preparing a wide range of housing studies including Housing Elements,
Consolidated Plans, Analysis of Impediments to Fair Housing Choice (AI), needs
assessments, affordable housing strategies, and inclusionary housing studies. She has
been involved in preparing over a dozen Als, including for the cities of Burbank,
Glendora, Huntington Park, Santa Clarita and Santa Monica, and for the City of
Bakersfield which received a "best practices" accommodation from HUD. Ms. Warner
is very familiar with Orange County's housing activities, having prepared the City's
Affordable Housing Strategy, Consolidated Plan, Analysis of Impediments to Fair
Housing Choice, Housing Element and Redevelopment Housing Implementation Plan,
as well as maintaining responsibility for oversight of the City's CDBG and HOME
programs.
City of Newport Beach/ Regional Al and 5 -year fair Housing Action Plan Page 1
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y T# O
The GRC /KWA Team proposes to prepare the Regional Analysis of Impediments to
Fair Housing Choice (AI) which includes 16 jurisdictions in Orange County. The
proposed Regional Al will include analyses, findings and actions to address potential
impediment to fair housing at the regional and local levels.
Scheduling. At the kick -off meeting with City staff, GRC will prepare a detailed work
plan that describes the scope of work and highlight the key deliverables and
milestones for the preparation, adoption and HUD approval of Al. This schedule will
identify the submittal dates of all preliminary draft (City staff review copies), draft and
final products, community meetings, public review periods, study sessions and public
hearings. Prior to the kick -off meeting, GRC will prepare a list of City documents and
information needed for this project.
Staff Meetings. To ensure efficient coordination with City staff and a continuous flow
of information, GRC will meet with City staff at least once every month, or more
frequently as needed to ensure that the time schedule is met. GRC will immediately
notify the City of any unanticipated changes to the scope of work resulting from new
HUD requirements or significant public comments. Only with written City approval
will GRC change the scope.
GRC, along with City staff, will conduct five (5) subregional shared community
meetings. These community meetings will include: 1) northern participating cities in
Orange County; 2) central cities; 3) western cities; 4) southern cities; and 5) the City of
Santa Ana. These meetings will provide the residents, businesses and service
providers the opportunity to gain awareness of fair housing laws, and for residents
and service agencies to share fair housing issues and concerns. All notices, handout
materials and presentations will be prepared by GRC. GRC will send invitation letters
to all 16 participating cities, public agencies and service providers, lending institutions,
and real estate companies, but especially to those agencies and organization that
serve the low /moderate- income and special needs communities. The community
meetings will be conducted in English and Spanish by the GRC team and all materials
will be available in both languages. Vietnamese translation will be made available at
meetings, if necessary. In addition, workshop notices will be published in the local
paper and posted on the city websites.
City of Newport Beach ( Regional Al and 5 -year Fair Housing Action Plan Page 6
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To supplement the community meetings and to assist in further understanding the
fair housing issues of each city, a fair housing survey in English, Spanish and
Vietnamese will be available to residents, businesses and public agencies in Orange
County. The survey will be online on each participating city's website and available in
hardcopy. GRC will design the fair housing survey using SurveyMonkey®.
The goal of the Analysis of Impediments to Fair Housing Choice is to conduct a
comprehensive examination of the region and each of the 16 cities for the purpose of
comparison. The team will examine each city's ability to provide its residents fair
housing choices regardless of race, color, religion, sex, disability, familial status or
national origin.
The Al development process will include the following tasks:
A. Regional and Local Profiles
The GRC team will collect, analyze and prepare a descriptive profile of the region and
the participating cities. The profile will include demographic, socioeconomic and
housing characteristics, trends and projections. The descriptive profiles will include
tables, charts and GIS maps. In addition, this task will involve:
• Review of the current Regional Al and Als of the four additional cities;
• Review of recent Consolidated Plans and Housing Elements;
• Census information analysis, especially the most recent American Community
Survey (ACS) data. In order to have consistency of information, the same data
sources will be used for comparison purposes;
• Use of the HUD CPD mapping tool to analyze and illustrate geographic
patterns and relationships. The following maps will be prepared and included
in the AI's Appendices.
✓ Racial /ethnic concentrations
✓ Low /Moderate income concentrations
✓ Senior households
✓ Family households
✓ Location of public housing
✓ Owner /renter households
✓ Care facilities in relation to Low /Mod areas
✓ Public transit network
Describe public housing programs available to low /moderate income
residents -- Section 8 Housing Choice Voucher program and Public Housing
City of Newport Beach f Regional At and 5 -Year Fair Housing Action Plan Page 7
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program and other community -based programs (emergency shelters,
transitional and supportive housing)
• Describe the rental and ownership housing market.
• Describe the existing and proposed public transit system within each city and
the connection to the regional system.
B. Mortgage Lending Practices
The Team will analyze and describe the lending policies, requirements and practices
of financial institutions and the access to home loans for ethnic minorities of all
income groups.
Review Home Mortgage Disclosure Act (HMDA) data, including FHA /VA loans,
conventional home purchase loans, housing refinance loans and home
improvement loans. For each city and the regional as a whole, the following
examples of HMDA data will be analyzed. The analysis will be conducted to
highlight the frequency and type of loans requested, the approval and denial
rates by racial /ethnic groups and by geographic area (census tract level):
1. Disposition of Conventional Home Purchase Loan Applications by Race/
Ethnicity of Applicant
2. Approval /Denial Rates for Conventional Home Purchase Loans by Race/
Ethnicity and Income of Applicant
3. Disposition of Conventional Home Purchase Loan Applications by Top Ten
Lending Institutions
4. Comparison of Conventional and Government - Backed Home Purchase Loan
Applications
5. Comparison of Conventional Home Purchase Loan Applications by
Census Tract
6. Disposition of Conventional Home Improvement Loan Applications by Race/
Ethnicity of Applicant
7. Approval /Denial Rates for Conventional Home Improvement Loans by Race/
Ethnicity and Income of Applicant
8. Comparison of Conventional and Government - Backed Home Improvement
Loan Applications
9. Trends of Conventional Mortgage Refinancing Applications by Race of
Applicant
• Lending activity and loan approvals and denials by census tracts will be
mapped using GIS.
• Analyze the bank lending practices, and compile data indicating the frequency
and amount of those financial institutions' lending in Orange County over the
last five -year period.
City of Newport Beach J Regional Aland 5 -Year fair Housing Action Plan Page 8
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• Conclude whether there are any impediments to fair housing choice found in
the programs and practices of private lending institutions and real estate
brokers.
C. Public Policies and Practices
This section will present the various public policies that could influence fair housing
choices in each city. After reviewing the General Plan, zoning ordinances,
Consolidated Plan and Housing Element of each city, the team will evaluate the
potential impediments to fair housing choice and affordable housing development.
• Housing Element policies and housing and land use - related policies identified
in other elements of the a city's General Plan. All policies should advance the
goals of the Civil Rights Act of 1964 and the Fair Housing Act.
• Review and assess other barriers for fair housing, including administrative
policies affecting housing activities or community development resources for
areas of minority concentration and for persons with disabilities.
• Review and assess planning and development approval process, including the
length of time required, fees and CEO,A.
• Community representation on planning and zoning boards and commissions.
D. Fair Housing Practices
• Discuss fair housing practices in the homeownership and rental housing
market.
• Analyze information on discrimination cases, complaints, findings and actions
provided by fair housing services. Information may be obtained from the
State Department of Fair Employment and Housing, the federal Fair Housing
Enforcement Center, and the City's current fair housing service provider.
• Examine fair housing services and the level of outreach available for each city
and its residents.
• Interview each city's fair housing service provider and the Orange County
Housing Authority to assess additional steps being taken to promote fair
housing choice, especially Section 8 tenants.
E. Action Plan
The Action Plan includes a summary of conclusions and findings of potential
impediments in each city and the region as a whole. The Action Plan also reviews the
progress in implementing action programs identified in the previous Regional Al and
the AI's of the four additional cities. Finally, the Action Plan will identify
recommendations and implementation programs to address the impediment finds.
The Action Plan will include:
• Summary of the common problems and barriers to fair housing found in the
regional (all 16 cities) and conclusions and impediments identified for specific
City of Newport Beach / Regional Al and 5 -Year Fair Housing Action Plan Page 9
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cities. This may include racial /ethnic and income concentrations, housing
affordability and public transit accessibility, housing conditions, access to
home financing, and fair housing complaints.
• Evaluate the effectiveness of previous Al actions in eliminating impediments
to fair housing. A matrix will be prepared that identifies the previous
impediments, previous proposed action, current status (whether the action
was implemented and its effectiveness) and a recommendation to carry it
forward to this Al.
• Finally, the Action Plan will highlight housing impediments identified in this
Regional Al, and propose actions and a timeframe for implementation. The
proposed actions will be region -wide (all 16 cities) and some will be specific to
a city or groups of cities.
• Appendix, including all contacts, forum participants, survey sample and
tabulation report from the City's fair housing service provider over the last
five years, as well as letters from various state and federal agencies.
City of Newport Beach/ Regional Aland 5 -Year Fair Housing Action Plan Page 10
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C. Project Schedule
This project schedule assumes the project will start on May 1, 2015, with completion
in September 2015 (five month process).
Analysis of Impediments Schedule
5 Community Meetings
Regional and Local Profiles
All within the month of
June 2015
John Oshimo
Robert Vasquez
Karen Warner
May and June
John Oshimo
Robert Vasquez
Mortgage Lending Practices
May and June
Robert Vasquez
Public Policies and Practices
June and July
John Oshimo
Fair Housing Practices
June and July
Robert Vasquez
Action Plan
July and August
September
John Oshimo
Karen Warner
Public Hearings
John Oshimo
City of Newport Beach !regional Al and 5 -Year Fair Housing Action Plan Page 11
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D. BUDGET
GRC's proposed budget, which includes project management, public participation,
and the preparation of the Al, is a not to exceed amount of $186,000.
PROJECT COSTS
Project Management
Public Participation
Regional and Local Profiles
Mortgage Lending Practices
Public Policies and Practices
Fair Housing Practices
Action Plan
Direct Cost
AA
$12,600
$12,700
$21,100
$58,400
$17,100
$25,500
$37,100
$1,500
TOTAL BUDGET $186,000
Any additional services outside the scope of work will be first approved by the City and
will be billed on a time and material basis. Direct costs for additional services outside
the not -to- exceed amount will be billed at our cost plus 20 %. Direct costs include
printing of documents, purchase of project - related materials, mileage, postage and
related costs.
City of Newport Beach l Regional Al and 5 -Year Fair Housing Action Plari Page 12
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GRC Proposal -- Cost Budget
Regional Analysis of Impediments &
5 -Year Fair Housing Action Plan
Orange County Entitlement Jurisdictions -l6- Cities
Fully
Burdened
Grand Total 1,485 $ 186,000
F1041.1
Hourly
Sub
Task
Staff
Hours
Rate
Total
Total
Project Management
J. Oshimo
40
140
5,600
K. Warner
24
140
3,360
R. G. Vasquez
24
125
3,000
L. Mendez
4
100
400
B. Soledad
4
60
240
Sub -Total
96
$ 12,600
Public Participation
1.OShinno
35
140
4,900
K. Warner
20
140
2,800
R. G. Vasquez
35
125
4,375
L. Mendez
4
100
400
B. Soledad
4
60
240
Sub -Total
98
$ 12,700
Regional and Local Profiles
J. OShinno
60
140
8,400
K. Warner
8
140
1,120
R. G. Vasquez
45
125
5,625
L, Mendez
45
100
4,500
B. Soledad
24
60
1,440
Sub -Total
182
$ 21,100
Mortgage Lending Practices
J. OShimo
80
140
11,200
K. Warner
24
140
3,360
R. G. Vasquez
320
125
40,000
L. Mendez
24
100
2,400
B. Soledad
24
60
1,440
Sub -Total
472
$ 58,400
Public Policies and Practices
J. Oshinno
75
140
10,500
K. Warner
12
140
1,680
R. G. Vasquez
20
- 125
2,500
L. Mendez
12
100
1,200
B. Soledad
20
60
1,200
Sub -Total
139
$ 17,100
Fair Housing Practices
J. Oshinno
100
140
14,000
K. Warner
40
140
5,600
R. G, Vasquez
20
125
2,500
L, Mendez
20
100
2,000
B. Soledad
24
60
1,440
Sub -Total
204
$ 25,500
Action Plan
J. Oshno
100
140
14,000
K. Warner
80
140
11,200
R. G. Vasquez
60
125
7,500
L. Mendez
30
100
3,000
B. Soledad
24
60
1,440
Sub -Total
294
$ 37,100
Direct Costs
$ 1,500
Grand Total 1,485 $ 186,000
F1041.1
EXHIBIT B
SCHEDULE OF BILLING RATES
GRC Associates, Inc. Page B -1
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Exhibit B
Project Team Hourly Rates
GRC Associates, Inc.
John N. Oshinno
Robert G. Vasquez
Bernadette soledad
Karen Warner Associates, Inc.
Karen Warner
Lorraine Mendez and Associates
Lorraine Mendez
City of Newport Beach i Regional Al and 5 -Year Fair Housing Action Plan
$140
$125
$60
$140
$100
Exhibit B
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EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City, and
prior to commencement of Work, Consultant shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury
by disease in accordance with the laws of the State of California, Section
3700 of the Labor Code.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its officers, agents,
employees and volunteers.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The
policy shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract
(including the tort liability of another assumed in a business contract).
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
GRC Associates, Inc. Page C -1
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4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation
against City, its elected or appointed officers, agents, officials, employees
and volunteers or shall specifically allow Consultant or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Consultant hereby waives its own right of
recovery against City, and shall require similar written express waivers
from each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but
not including professional liability, shall provide or be endorsed to provide
that City and its officers, officials, employees, and agents shall be included
as insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a
primary basis and shall not require contribution from any insurance or self -
insurance maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days notice of cancellation (except for nonpayment for which ten
(10) calendar days notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Consultant shall provide certificates of insurance
to City as evidence of the insurance coverage required herein, along with
a waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance
certificates and endorsement must be approved by City's Risk Manager
prior to commencement of performance. Current certification of insurance
shall be kept on file with City at all times during the term of this
Agreement. City reserves the right to require complete, certified copies of
all required insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
GRC Associates, Inc. Page C -2
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Consultant of non - compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
D. Requirements not Limiting. Requirements of specific coverage features
or limits contained in this Section are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage
normally provided by any insurance. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a
given issue and is not intended by any party or insured to be all inclusive,
or to the exclusion of other coverage, or a waiver of any type. If the
Consultant maintains higher limits than the minimums shown above, the
City requires and shall be entitled to coverage for higher limits maintained
by the Consultant. Any available insurance proceeds in excess of the
specified minimum limits of insurance and coverage shall be available to
the City.
E. Self- insured Retentions. Any self- insured retentions must be declared to
and approved by City. City reserves the right to require that self- insured
retentions be eliminated, lowered, or replaced by a deductible. Self -
insurance will not be considered to comply with these requirements unless
approved by City.
F. City Remedies for Non - Compliance. If Consultant or any subconsultant
fails to provide and maintain insurance as required herein, then City shall
have the right but not the obligation, to purchase such insurance, to
terminate this Agreement, or to suspend Consultant's right to proceed until
proper evidence of insurance is provided. Any amounts paid by City shall,
at City's sole option, be deducted from amounts payable to Consultant or
reimbursed by Consultant upon demand.
G. Timely Notice of Claims. Contractor shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Contractor's performance under this Contract, and that involve or may
involve coverage under any of the required liability policies. City assumes
no obligation or liability by such notice, but has the right (but not the duty)
to monitor the handling of any such claim or claims if they are likely to
involve City.
H. Consultant's Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the Work.
GRC Associates, Inc. Page C -3
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„H Vpq
;t
City of Newport Beach
FINANCIAL DISCLOSURE FOR CONSULTANTS
A Public Document
DATE: IMay 26, 2015
CONSULTANT NAME: IJohn Oshimo, President
COMPANY NAME: IGRC Associates, Inc.
CONSULTANT ADDRESS: 1858 Oak Park Road, Suite 280, Covina, CA 91724
Print Form
Reset Form
DESCRIPTION OF DUTIES: JProfessional services for the preparation of a multi jurisdictional analysis of impediments to
(attach separate page if Ifair housing choice and five -year housing action plan consistent with HUD requirements for
more space required) 116 Orange County jurisdictions
DEFINITION
Consultants, as defined by Section 18701 of the Regulations of the Fair Political Practices Commission, Title 2, Division 6 of
the California Code of Regulations, are required to file Statements of Economic Interest.
The answers to the following questionnaire will help to determine whether the scope of duties to be performed includes
the making or participating in the making of governmental decisions which may foreseeably have a material effect on the
consultant's own financial interests.
A.
Will consultant make governmental decisions whether to:
13 -34
or grant agency approval of policies, standards, or ( YES
ies for the agency, or for any subdivision thereof?
G NO
Serves in a staff capacity with the agency and in that capacity participates in .................... _
making a governmental decision as defined in Regulation 18702.2 or performs (' YES
the same or substantially all the same duties for the agency that would other- G NO
wise be performed by an individual holding a position specified in the agency's
Conflict of Interest Code under Government Section 87302.
DISCLOSURE DETERMINATION [Check one]:
If you answered "yes" to any of the above, the consultant is considered a "Consultant" pursuant to the Political Reform Act
and must file Statements of Economic Interest.
( Consultant is performing a specialized or general service for the city, and there is a substantial likelihood
that the Consultant's work product will be presented, either written or orally, for the purpose of influencing
a governmental decision. As a result, Consultant shall be subject to Disclosure Category "1" of the City's
Conflict of Interest Code.
If you answered "no" to all of the above, the consultant does not have to file Statements of Economic Interest.
(; Consultant is exempted from any disclosure requirement because Consultant does not meet the definition
of "Consultant" under the Political Reform Act or due to the extremely limited scope of duties under this
contract.
Department Director Signature (required)
Date Signed: May 26, 2015
13 -35
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 1/29/15 Dept. /Contact Received From: Terresa
Date Completed: 1/29/15
Sent to: Terresa By: Chris
Company /Person required to have certificate: GRC Associates, Inc
Type of contract: All Others
GENERAL LIABILITY
EFFECTIVE /EXPIRATION DATE: 12/1/14- 12/1/15
A. INSURANCE COMPANY: Travelers Property & Casualty Insurance Company
B. AM BEST RATING (A-: VII or greater): A +:XV
C. ADMITTED Company (Must be California Admitted):
Is Company admitted in California? ® Yes ❑ No
D. LIMITS (Must be $1 M or greater): What is limit provided?
E. ADDITIONAL INSURED ENDORSEMENT — please attach
F. PRODUCTS AND COMPLETED OPERATIONS (Must
include): Is it included? (completed Operations status does
not apply to Waste Haulers or Recreation)
G. ADDITIONAL INSURED FOR PRODUCTS AND
COMPLETED OPERATIONS ENDORSEMENT (completed
Operations status does not apply to Waste Haulers)
H. ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
included?
I. PRIMARY & NON - CONTRIBUTORY WORDING (Must be
included): Is it included?
J. CAUTION! (Confirm that loss or liability of the named insured
is not limited solely by their negligence) Does endorsement
include "solely by negligence' wording?
K. ELECTED SCMAF COVERAGE (RECREATION ONLY):
L. NOTICE OF CANCELLATION:
H. AUTOMOBILE LIABILITY
EFFECTIVE /EXPIRATION DATE: 12/1/14- 12/1/15
A. INSURANCE COMPANY: RLI Insurance Company
1,000,000/2,000,000
® Yes ❑ No
® Yes ❑ No
® Yes ❑ No
// ■
® Yes ❑ No
❑ Yes
® No
® N/A ❑ Yes
❑ No
❑ N/A ® Yes
❑ No
B. AM BEST RATING (A-: VII or greater) A + +:XV
C. ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
® Yes
❑ No
D. LIMITS - If Employees (Must be $1M min. BI & PD and $500,000
UM, $2M min for Waste Haulers): What is limits provided?
1,000,000
E. LIMITS Waiver of Auto Insurance / Proof of coverage (if individual)
(What is limits provided ?)
N/A
F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste
Haulers only):
® N/A ❑ Yes
❑ No
G. HIRED AND NON -OWNED AUTO ONLY:
❑ N/A ® Yes
❑ No
H. NOTICE OF CANCELLATION:
❑ N/A ® Yes
❑ No
ireaery
III. WORKERS' COMPENSATION
EFFECTIVE /EXPIRATION DATE: 11/1/14- 11/1/15
A.
INSURANCE COMPANY: Travelers Property and Casualty
B.
AM BEST RATING (A-: VII or greater): A +;XI
C.
ADMITTED Company (Must be California Admitted):
X Yes
❑ No
D.
WORKERS' COMPENSATION LIMIT: Statutory
X Yes
❑ No
E.
EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater)
1,000,000
F.
WAIVER OF SUBROGATION (To include): Is it included?
X Yes
❑ No
G.
SIGNED WORKERS' COMPENSATION EXEMPTION FORM:
X N/A ❑ Yes
❑ No
H.
NOTICE OF CANCELLATION:
❑ N/A X Yes
❑ No
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
IV. PROFESSIONAL LIABILITY
❑ N/A X Yes ❑ No
• POLLUTION LIABILITY
X N/A ❑ Yes ❑ No
• BUILDERS RISK
X N/A ❑ Yes ❑ No
HAVE ALL ABOVE REQUIREMENTS BEEN MET? X Yes ❑ No
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
Approved:
co�;k 1/29/15
Agent of Alliant Insurance Services Date
Broker of record for the City of Newport Beach
RISK MANAGEMENT APPROVAL REQUIRED (Non- admitted carrier rated less than _
Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No
Reason for Risk Management approval /exception /waiver:
Approved:
Risk Management
* Subject to the terms of the contract.
13 -37
Attachment CC2
Cost Breakdown by City &
Sample Memorandum of Understanding
13 -38
Entitlement Cities
County /City
2014 Population
Estimate
Percent of Total
GRC Proposal
$186,000
Anaheim
348,305
16.6%
$ 30,914.00
Buena Park
82,344
3.9%
$ 7,308.49
Costa Mesa
111,846
5.3%
$ 9,926.95
Fountain Valey
56,702
2.7%
$ 5,032.62
Fullerton
140,131
6.7%
$ 12,437.40
Garden Grove
173,953
8.3%
$ 15,439.29
Huntington Beach
195,999
9.4%
$ 17,396.00
La Habra
61,717
2.9%
$ 5,477.73
Lake Forest
79,139
3.8%
$ 7,024.02
Mission Viejo
95,334
4.5%
$ 8,461.42
Newport Beach
86,874
4.1%
$ 7,710.55
Orange
139,279
6.6%
$ 12,361.78
Rancho Santa Margarita
48,834
2.3%
$ 4,334.29
San Clemente
64,874
3.1%
$ 5,757.93
Santa Ana
331,953
15.8%
$ 29,462.67
Tustin
78,360
3.7%
$ 6,954.88
Total Participating
2,095,644
100%
$ 186,000.00
Population source:
http: / /www.dof.ca.gov /research /dem ogra ph is /re Po its /esti mates /e -5 /2011 -20 /view. ph p
13 -39
MEMORANDUM OF UNDERSTANDING AND PAYMENT AGREEMENT
BETWEEN THE CITY OF NEWPORT BEACH AND
[ 1
THIS MEMORANDUM OF UNDERSTANDING AND PAYMENT AGREEMENT
( "Agreement ") is made on this day of May, 2015, ( "Effective Date ") by and
between the CITY OF NEWPORT BEACH, a California municipal corporation and
charter city, located at 100 Civic Center Drive, Newport Beach, California 92660 ( "City ")
and the CITY OF California
( "Payor ").
RECITALS
A. The City and Payor desire to jointly engage GRC ASSOCIATES, INC.,
( "Consultant ") to provide a regional analysis of impediments to Fair Housing
Choice and Five (5) Year Fair Housing Action Plan ( "Project "), A copy of the
May 19, 2015 Professional Services Agreement with Consultant describing
the "Work" or "Services" to be performed for the City and Payor shall be
attached as Exhibit A to this Agreement, and incorporated herein by
reference, once fully executed.
B. Besides City, the Project shall serve to benefit the following California cities,
each of whom shall reimburse City for City's direct payment to Consultant,
according to the terms contained herein: Anaheim, Buena Park, Costa Mesa,
Fountain Valley, Fullerton, Garden Grove, Huntington Beach, La Habra, Lake
Forest, Mission Viejo, Orange, Rancho Santa Margarita, San Clemente,
Santa Ana, and Tustin.
C. City shall make direct payments to Consultant upon the Payor's behalf, based
upon Payor's respective 2014 population estimate, as more specifically
described in Exhibit B to this Agreement, and incorporated herein by
reference.
NOW, THEREFORE, in consideration of the foregoing and the promises
contained herein, the City and Payor mutually agree as follows:
1. TERM
1.1 The term of this Agreement shall commence on the Effective Date and
shall terminate on May 31, 2016, unless terminated earlier or extended by written
amendment to this Agreement.
1.2 The Project shall take place from May 19, 2015 to May 31, 2016 ( "Project
Period "), unless extended or reduced by City.
f' 919161a;Iz6'ft1% I Is] ►II1 teIal11 wo
2.1 Payor hereby agrees to their 2014 population estimate and respective
payment to City of a percentage of the total cost of Consultant's Services based
thereon, as indicated on Exhibit B and incorporated herein by reference.
13 -40
2.2 Payor shall make a single payment of Dollars
and _ /100 ($ ) to City by no later than June 30, 2015.
2.3 Payor is responsible for their share of actual costs, which may be more
than the one -time payment and shall be assessed at the conclusion of the project. Any
additional costs beyond the one -time payment shall also be based upon their 2014
population estimate as attached hereto as Exhibit B.
3. CONTRACT ADMINISTRATION
Unless otherwise designated in writing, City's Principal Planner, Community
Development Department, shall serve as the City's Project Administrator for the
payments made under this Agreement. All activities performed under this Agreement
shall be coordinated with this person or his /her designee.
4. STANDARD PROVISIONS
4.1 Recitals. City and Payor acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement.
4.2 Compliance with all Laws. Payor shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted.
4.3 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged
herein. No verbal agreement or implied covenant shall be held to vary the provisions
herein.
4.4 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
4.5 Amendments. This Agreement may be modified or amended only by a
written document executed by both Payor and City and approved as to form by the City
Attorney.
4.6 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
4.7 Controlling Law and Venue. The laws of the State of California shall
govern this Agreement and all matters relating to it and any action brought relating to
this Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
City of Page 2
13 -41
4.8 No Attorneys' Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorneys' fees.
4.9 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
City of
Page 3
13 -42
IN WITNESS WHEREOF, the parties have executed this Agreement on the
dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
By:
Aaron C. Harp
City Attorney
ATTEST:
Date:
By:
Leilani I. Brown
City Clerk
ATTACHMENT: Exhibit A:
Exhibit B:
City of
CITY OF NEWPORT BEACH,
a California municipal corporation
By:
Kimberly Brandt
Community Development Director
PAYOR:
M
Date:
M
[END OF SIGNATURES]
a California
GRC Associates, Inc. Professional Services
Agreement
2014 City Population Estimate Table
Page 4
13 -43
EXHIBIT A
GRC Associates, Inc.
Professional Services Agreement
City of
Page A -1
13 -44
EXHIBIT B
2014 Population Estimate Table
City of
Page B -1
13 -45