HomeMy WebLinkAboutCC AG PKT 2013-05-13 #E SEAt
AGENDA STAFF REPORT
DATE: May 13, 2013
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Jim Basham, Director of Community Development
SUBJECT: AGREEMENT WITH CIVICSTONE, INC. TO
ADMINISTER THE CDBG LEISURE WORLD
BATHROOM ACCESSIBILITY PROGRAM
SUMMARY OF REQUEST:
That the City Council adopt Resolution No. 6368 approving a professional
services agreement with CivicStone, Inc. ("CivicStone") for the administration of
the remaining two years of the Community Development Block Grant ("CDBG")
Leisure World Bathroom Accessibility Program.
BACKGROUND AND ANALYSIS:
The City is moving into the second year of a three-year program with the County
of Orange to utilize CDBG funds for bathroom accessibility upgrades in Leisure
World residential units. The County recently informed the City that the program
has been fully funded for the 201312014 program year. For the second
consecutive year, the City will receive $180,000 to continue with the bathroom
upgrades. The item before the City Council is a professional service agreement
with CivicStone to administer the program on the City's behalf.
CivicStone has assisted the City and the Redevelopment Agency to implement
various housing programs since 1998. It has been administering the Leisure
World Bathroom Accessibility Program since 2005. The City's most recent
agreement with CivicStone was approved by the City Council in August 2012 and
runs through June 30, 2013.
Staff is requesting that the City Council approve a new agreement with
CivicStone for the continued administration of the CDBG Leisure World
Bathroom Accessibility Program. The new agreement contains essentially the
same terms as the previous agreement. The term would run from July 1, 2013
through June 30, 2015. The not-to-exceed contract price is $60,000 per fiscal
year for the 2013/2014 and 201412015 program years.
Agenda Item E
ENVIRONMENTAL IMPACT:
Approval of the professional services agreement with CivicStone is not subject to
the California Environmental Quality Act, No environmental review is required,
LEGAL ANALYSIS:
The City Attorney has reviewed the proposed agreement and resolution and
approved each as to form.
FINANCIAL IMPACT:
The not-to-exceed contract amount is $60,000 per year for a maximum of two
years, and since February 1, 2012, has been funded through the General Fund
as a result of the dissolution of the Seal Beach Redevelopment Agency.
RECOMMENDA'rm:
That the City Council adopt Resolution No. 6368 approving a professional
services agreement with CivicStone, Inc. for the administration of the remaining
two years of the CDBG Leisure World Bathroom Accessibility Program.
S BMIT TED BY: NOTED AND APPROVED:
m Basham, 11". Ingram, City Mal -- er
irector of Community Development Q9
Attachments:
A. Resolution No. 6368
B. Professional Services Agreement with CivicStone, Inc.
Page 2
RESOLUTION NUMBER 6368
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH
CIVICSTONE, INC. TO ADMINISTER THE REMAINING TWO
YEARS OF THE COMMUNITY DEVELOPMENT BLOCK GRANT
LEISURE WORLD BATHROOM ACCESSIBILITY PROGRAM
THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:
Section 1. The City Council hereby approves that professional services
agreement dated May 13, 2013 between the City of Seal Beach and CivicStone
Inc.for administration of the remaining two years of the Community Development
Block Grant(CDBG)Leisure World Bathroom Accessibility Program.
Section 2. The City Council hereby authorizes and directs the City Manager to
execute the Agreement.
PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a
regular meeting held on the 13th day of May , 2013 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing resolution is the original copy of Resolution Number 6368 on file in
the office of the City Clerk, passed, approved, and adopted by the City Council at
a regular meeting held on the 13th day of May , 2013.
City Clerk
PROFESSIONAL SERVICES AGREEMENT
between
SEA(
27 N'
00
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
CivicStone, Inc.
4195 Chino Hills Parkway #267
Chino Hills, CA 91709
(909) 364-9000
This Professional Service Agreement ("the Agreement") is made as of May 13, 2013 (the
"Approval Date"), by and between CivicStone, Inc. ("Consultant"), a California Corporation,
and the City of Seal Beach ("City"), a California charter city, (collectively, "the Parties").
RECITALS
A. City desires certain professional services.
B. Consultant represents that it is qualified and able to provide City with such
services.
NOW THEREFORE, in consideration of the Parties' performance of the promises,
covenants, and conditions stated herein, the Parties hereto agree as follows.
AGREEMENT
1.0 Scope of Services
1.1. Consultant must provide those services ("Services") set forth in the attached
Exhibit A, which is hereby incorporated by this reference. To the extent that there is any conflict
between Exhibit A and this Agreement, this Agreement must control.
1.2. Consultant must perform all Services under this Agreement in accordance with
the standard of care generally exercised by like professionals under similar circumstances and in
a maniier reasonably satisfactory to Authority.
1.3. In performing this Agreement, Consultant must comply with all applicable
provisions of federal, state, and local law.
1.4. Consultant will not be compensated for any work performed not specified in the
Scope of Services unless the City authorizes such work in advance and in writing. The City
Manager may authorize payment for such work up to a cumulative maximum of $10,000.
Payment for additional work in excess of$10,000 requires prior City Council authorization.
2.0 Term
The tern of this Agreement shall commence as of July 1, 2013, the Effective Date, and
shall continue until June 30, 2015 unless previously tenninated as provided by this Agreement.
At the City Manager's sole discretion, the City May extend the terin, of this agreement for two
one-year extensions.
3.0 Consultant's Compensation
City will pay Consultant in accordance with the fee schedule set forth in Exhibit A for
Services but in no event will the City pay more than the amount budgeted for such services under
Account Number 001-030-44000 in the City's Budget, but in no event to exceed $60,000 for
each fiscal year of the City. If an increase in funds is required in Account Number 001-030-
44000 to maintain the desired level of service to the City, a budget amendment must be approved
prior to exceeding the budgeted amount. Any additional work authorized by the City pursuant to
Section 1.4 will be compensated in accordance with the rate schedule set forth in Exhibit A.
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4.0 Method of Payment
4.1. Consultant must submit to City monthly invoices for all set-vices rendered
pursuant to this Agreement. Such invoices must be submitted within 15 days of the end of the
month during which the services were rendered and must describe in detail the services rendered
during the period, the days worked, number of hours worked, the hourly rates charged, and the
services performed for each day in the period. City will pay Consultant within 30 days of
receiving
Consultant's invoice. City will not withhold any applicable federal or state payroll and
other required taxes, or other authorized deductions from payments made to Consultant.
4.2. Upon 24 hours notice from City, Consultant must allow City or City's agents or
representatives to inspect at Consultant's offices during reasonable business hours all records,
invoices, time cards, cost control sheets and other records maintained by Consultant in
connection with this Agreement. City's rights under this Section 4.2 shall survive for two years
following the termination of this Agreement.
5.0 Termination
5.1. This Agreement may be terminated by City, without cause, or by Consultant
based on reasonable cause, upon giving the other party written notice thereof not less than thirty
(30)days prior to the date of termination.
5.2. This Agreement may be terminated by City upon 10 days' notice to Consultant if
Consultant fails to provide satisfactory evidence of renewal or replacement of comprehensive
general liability insurance as required by this Agreement at least 20 days before the expiration
date of the previous policy.
6.0 Party Representatives
6.1. The City Manager is the City's representative for purposes of this Agreement.
6.2. Adam B. Eliason is the Consultant's sole representative for purposes of this
Agreement.
7.0 Notices
7.1. All notices pen-nitted or required under this Agreement shall be deemed made
when personally delivered or when mailed 48 hours after deposit in the U.S. Mail, first class
postage prepaid and addressed to the party at the following addresses:
To City: City of Seal Beach
Attn: City Manager
211 Eighth Street
Seal Beach, California 90740
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To Consultant: Civicstone, Inc.
Attn: Adam Eliason
4195 Chino Hills Parkway#267
Chino Hills, CA 91709
7.2. Actual notice shall be deerned adequate notice on the date actual notice occurred,
regardless of the method of service.
8.0 Independent contractor
8.1. Consultant is an independent contractor and not an employee of the City. All
services provided pursuant to this Agreement shall be performed by Consultant or under its
supervision. Consultant will, detennine the means, methods, and details of performing the
services. Any additional personnel performing services under this Agreement on behalf of
Consultant shall also not be employees of City and shall at all times be under Consultant's
exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due
such personnel in connection with their performance of services under this Agreement and as
required by law. Consultant shall be responsible for all reports and obligations respecting such
additional personnel, including, but not limited to: social security taxes, income tax withholding,
unemployment insurance, disability insurance, and workers' compensation insurance.
8.2. Consultant shall indemnify and hold harmless City and its elected officials,
officers and employees, servants, designated volunteers, and agents serving as independent
contractors in the role of city or agency officials, from any and all liability, damages, claims,
costs and expenses of any nature to the extent arising from Consultant's alleged violations of
personnel practices. City shall have the right to offset against the amount of any fees due to
Consultant under this Agreement any amount due to City from Consultant as a result of
Consultant's failure to promptly pay to City any reimbursement or indemnification arising under
this Section 8.
9.0 Subcontractors
No portion of this Agreement shall be subcontracted without the prior written approval of
the City. Consultant is fully responsible to City for the performance of any and all
subcontractors.
10.0 Assignment
Consultant must not assign or transfer any interest in this Agreement whether by
assignment or novation, without the prior written consent of City. Any purported assignment
without such consent shall be void and without effect.
11.0 Insurance
11.1. Consultant must not commence work under this Agreement until it has provided
evidence satisfactory to the City that Consultant has secured all insurance required under this
Section. Consultant must furnish City with original certificates of insurance and endorsements
effecting coverage required by this Agreement on forms satisfactory to the City. The certificates
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and endorsements for each insurance policy must be signed by a person authorized by that
insurer to bind coverage on its behalf, and must be on fonns provided by the City if requested.
All certificates and endorsements must be received and approved by the City before work
commences. The City reserves the right to require complete, certified copies of all required
insurance policies, at any time.
11.2. Consultant must, at its expense, procure and maintain for the duration of the
Agreement, insurance against claims for injuries to persons or damages to property that may
arise from or in connection with the perfonnance of this Agreement. Insurance is to be placed
with insurers with a current A.M. Best's rating no less than ANIII, licensed to do business in
California, and satisfactory to the City. Coverage must be at least as broad as the latest version
of the following: (1) General Liability: Insurance Services Office Commercial General Liability
coverage (occurrence fonn CG 0001); and (2) Automobile Liability: Insurance Services Office
Business Auto Coverage form number CA 0001, code 1 (any auto). Consultant must maintain
limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal
injury and property damage and if Commercial General Liability Insurance or other fonn with a
general aggregate limit is used, either the general aggregate limit shall apply separately to this
Agreement/location or the general aggregate limit shall be twice the required occurrence limit;
and (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
11.3. The insurance policies must contain the following provisions, or Consultant must
provide endorsements on fonns supplied or approved by the City to state: (1) coverage shall not
be suspended, voided, reduced or canceled except after 30 days prior written notice by certified
mail, return receipt requested, has been given to the City; (2) any failure to comply with
reporting or other provisions of the policies, including breaches of warranties, shall not affect
coverage provided to the City, its directors, officials, officers, (3) coverage must be primary
insurance as respects the City, its directors, officials, officers, employees, agents and volunteers,
or if excess, must stand in an unbroken chain of coverage excess of the Consultant's scheduled
underlying coverage and that any insurance or self-insurance maintained by the City, its
directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant's
insurance and must not be called upon to contribute with it; (4) for general liability insurance,
that the City, its directors, officials, officers, employees, agents and volunteers shall be covered
as additional insureds with respect to the services or operations perfonned by or on behalf of the
Consultant, including materials, parts or equipment furnished in connection with such work; and
(5) for automobile liability, that the City, its directors, officials, officers, employees, agents and
volunteers shall be covered as additional insureds with respect to the ownership, operation,
maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the
Consultant or for which the Consultant is responsible.
11.4. All insurance required by this Section must contain standard separation of
insureds provisions and must not contain any special limitations on the scope of protection
afforded to the City, its directors, officials, officers, employees, agents, and volunteers.
11.5. Any deductibles or self-insured retentions must be declared to and approved by
the City. Consultant guarantees that, at the option of the City, either: (1) the insurer shall reduce
or eliminate such deductibles or self-insured retentions as respects the City, its directors,
officials, officers, employees, agents, and volunteers; or (2) the Consultant shall procure a bond
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guaranteeing payment of losses and related investigation costs, claims and administrative and
defense expenses.
12.0 Indemnification, Hold Harmless, and Duty to Defend
Consultant must indemnify, and hold the City, its officials, officers, employees,
volunteers and agents (collectively "Indemnitees") free and harmless from any and all claims,
demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to
property or persons, including wrongful death, in any manner arising out of or incident to any
acts or omissions of Consultant, its employees, or its agents in connection with the performance
of this Agreement, including without limitation the payment of all consequential damages and
attorneys' fees and other related costs and expenses. With respect to any and all such aforesaid
suits, actions, or other legal proceedings of every kind that may be brought or instituted against
Indemnitees, Consultant must defend Indernnitees, at Consultant's own cost, expense, and risk,
and must pay and satisfy any judgment, award, or decree that may be rendered against
Indernnitees. Consultant must reimburse City and its directors, officials, officers, employees,
agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in
connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to
indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors,
officials, officers, employees, agents or volunteers. All duties of Consultant under this Section
shall survive termination of this Agreement.
13.0 Equal Opportunity
Consultant affirmatively represents that it is an equal opportunity employer. Consultant
must not discriminate against any subcontractor, employee, or applicant for employment because
of race, religion, color, national origin, handicap, ancestry, sex, sexual orientation, or age. Such
non-discrimination includes, but is not be limited to, all activities related to initial employment,
upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination.
14.0 Labor Certification
By its signature hereunder, Consultant certifies that it is aware of the provisions of
Section 3700 of the California Labor Code that require every employer to be insured against
liability for Worker's Compensation or to undertake self-insurance in accordance with the
provisions of that Code, and agrees to comply with such provisions before commencing the
performance of the Services.
15.0 Compliance with Laws
Consultant shall comply with the policies, guidelines, and requirements of the U.S.
Department of Housing and Urban Development, as applicable to the Community Development
Block Grant Program and this subrecipient agreement, including, but not limited to, Part 84 of
Title 24 of the Code of Federal Regulations, and OMB Circulars A-110, A-122, and A-133, as
applicable and as they relate to the acceptance and use of federal funds.
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16.0 Entire Agreement
This Agreement contains the entire Agreement of the parties with respect to the subject
matter hereof, and supersedes all prior negotiations, understandings, or agreements. This
Agreement may only be modified by a writing signed by both parties.
17.0 Severability
The invalidity in whole or in part of any provisions of this Agreement shall not void or
affect the validity of the other provisions of this Agreement.
18.0 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the
State of California.
19.0 No Third Party Rights
No third party shall be deemed to have any rights hereunder against either Party as a
result of this Agreement.
20.0 Waiver
No waiver of any default shall constitute a waiver of any other default or breach, whether
of the saine or other covenant or condition. No waiver. benefit, privilege, or service voluntarily
given or performed by a Party shall give the other Party any contractual rights by custom,
estoppel, or otherwise.
21.0 Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company or
person, other than a bona fide employee working solely for Consultant, to solicit or secure this
Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any
company or person, other than a bona fide employee working solely for Consultant, any fee,
commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting
from the award or making of this Agreement. For breach or violation of this warranty, City has
the right to rescind this Agreement without liability. For the term of this Agreement, no
member, officer or employee of City, during the term of his or her service with City, shall have
any direct interest in this Agreement, or obtain any present or anticipated material benefit arising
therefrom.
22.0 Attorneys' Fees
If either Party commences an action against the other Party, either legal, administrative or
otherwise, arising out of or in connection with this Agreement, the prevailing Party in such
litigation shall be entitled to have and recover from the losing Party all of its attorney's fees and
other costs incurred in connection with such action.
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23.0 Exhibits
All exhibits referenced in this Agreement are hereby incorporated into the Agreement as
if set forth in full herein. In the event of any material discrepancy between the terms of any
exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall
control.
IN WITNESS WHEREOF, the Parties hereto, through their respective authorized
representatives have executed this Agreement as of the date and year first above written.
CITY OF SEAL BEACH CONSULT�NT --
y,
Bv: By:�_
Jill R. Ingram, City Manager
Name: Adam Eliason
Attest:
Its: President
Bv:
Linda Devine, City Clerk By: V V �e✓ ,-
Approved as to Form: Name: Monique Eli 1'on
Bv: Its: Corporate Secretary
Quinn Barrow, City Attorney
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EXHIBIT "A"
SCOPE OF SERVICES & FEE SCHEDULE
LEISURE WORLD GRANT ADMINISTRATION
Overview
CivicStone will oversee the day to day operations of the Leisure World. Grant Administration by
assisting applicants interested in participating in the Program, coordinating contract execution,
facilitating and monitoring rehabilitation projects, file management, and reporting.
At the beginning of each fiscal year of funding, CivicStone also updates contractor pricing and
prepares a marketing outreach strategy including preparing flyers and advertising. Once the
advertising period is over, CivicStone coordinates the lottery drawing and selection process.
........................
PHASE SCOPE OF SERVICES
............
Initial Contact This phase includes the initial contact with the applicant, answering
any questions on the phone as well as preparing and mailing out an
application package.
Application This phase occurs once the application is returned. It includes
Review 1 reviewing and underwriting the application based upon the program
guidelines. It includes requesting additional information and/or
working with applicants to properly complete the application. If an
applicant meets the approval guidelines, then an approval letter and
necessary rehabilitation agreements will be prepared for applicant
signature.
Initial In this phase the rehabilitation agreements are sent to contractors
Inspection and homeowner for signature. This phase will also include taking
exact measurements of work to be done along with a work bid
write-up and price estimate. A construction start date is also
scheduled with the homeowner.
Payment Once construction is completed, CivicStone reviews contractor
Inspection& invoices and work bid write-ups, prepares escrow disbursement for
Project payment to contractors, prepares waiver release forms and mails
Completion them to the applicants, releases payment to contractor and manages
the applicant file.
................................................
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PHASE SCOPE OF SERVICES
Reimbursement Prepare Appendix "A" reports for each applicant. Work on GPR
Request report for month end reimbursement. Prepare an invoice for the
County. Coordinate final file management documents. Follow up
I on county reimbursement payment. Coordinate additional funds
from the City for program. Manage a comprehensive prograrn
database.
Fee Schedule
CivieStone will bill the City on a monthly basis and submit a detailed, line item invoice based
upon an hourly fee schedule indicated below,plus reimbursable expenses. The billing rates are as
follows:
0 Adam Eliason: $110 per hour
LJ Project Coordinator: $85 per hour
U Construction Specialist $85 per hour
Note. Reimbursement costs will only be billed for copies,postage costs, and mileage.
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