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HomeMy WebLinkAboutCC AG PKT 2015-06-08 #D AGENDA STAFF REPORT OF DATE: June 8, 2015 TO Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Jim Basham, Director of Community Development/ Community Services SUBJECT: AGREEMENT WITH CIVICSTONE TO ADMINISTER THE THREE YEAR (2015-2018) CDBG LEISURE WORLD BATHROOM ACCESSIBILITY PROGRAM SUMMARY OF REQUEST: That the City Council adopt Resolution No. 6564 approving a professional services agreement with CivicStone, Inc. for the administration of the three year contract from 2015-2018 of the Community Development Block Grant (CDBG) Leisure World Bathroom Accessibility Program. BACKGROUND AND ANALYSIS: The City of Seal Beach receives Community Development Housing Grant (CDBG) funds through a contractual agreement with the County of Orange. The County's Housing and Community Development Department (HCD) applies to the United States Department of Housing and Urban Development (HUD) for CDBG funding, then divides the funding amongst its sub-recipients such as the City of Seal Beach. In 2005, the City applied for and received its first CDBG funding for the Leisure World Bathroom Accessibility Program. Qualified residents of Leisure World are below 80% of the area median income. The CDBG funds are considered a grant to the resident(s) and used to modify the tub/shower and make it accessible. Specifically, the side wall of the tub is cut-down to just 4" and the shower is refinished; including skid-resistant flooring, grab bars, and a new glass shower enclosure. If needed, the standard toilets are replaced with high-boy toilets as well. The applicant's doctor verifies that the work is needed to improve the resident's accessibility and/or reduce pain. A large demand still exists for this work within Leisure World. Approximately 80% of the estimated 6,600 housing units have tub/showers that require elderly and physically impaired residents to step up and over a tub wall. The CDBG Agenda Item D funding for this program improves safety, improves access to hygiene needs, and reduces pain of the residents within Leisure World. Since 2005, the City's Bathroom Accessibility Program has completed improvements for 820 residents of Leisure World. A waiting list exists of residents hoping that future funding will allow them to complete their bathroom upgrades. The program is designed to improve accessibility to showers for seniors within their residential unit because of mobility problems, pain of movement, loss of balance, or other disabilities diagnosed by a physician. The estimated average cost per bathroom accessibility upgrade is $2,570. Total County Completed CDBG Grant Projects Fundinq Contract No. 1: FY 2005-2006 71 $146,056 Contract No. 2: FY 2006-2007 96 $207,155 Contract No. 3: FY 2007-2008 98 $200,000 Contract No. 4: FY 2008-2009 80 $200,000 Contract No. 5: FY 2009-2010 90 $200,000 Contract No. 6: FY 2010-2011 83 $196,599 Contract No. 7: FY 2011-2012 71 $166,540 Contract No. 8: FY 2012-2013 91 $180,000 Contract No. 9: FY 2013-2014 94 $180,000 Contract No. 10: FY 2014-2015 in progress 46+ $180,000 Awarded as a three-year Contract No. 11: FY 2015-2016 Program (2015— 2018) GRAND TOTAL SUMMARY 820 $1,856,350 The City was approved for another three year contract from 2015-2018 to use funds to support the on-going Leisure World Bathroom Accessibility program. The contract with CivicStone would match the program three year activity at not to exceed $60,000 for each program year commencing July 1, 2015 and ending June 30, 2018. ENVIRONMENTAL IMPACT: There is no environmental impact related to this item. LEGAL ANALYSIS: The City Attorney has approved the proposed resolution and agreement as to form. Page 2 FINANCIAL IMPACT: The not-to-exceed contract amount of $60,000 per year for a maximum of three years (2015-2018) and since 2012 the funding source has been through the General Fund as a result of the dissolution of the Seal Beach Redevelopment Agency. The City's affordable housing consultant, CivicStone, has administered the City's Program since 2005. CivicStone's duties include the following: 1. Complete and coordinate County funding application. 2. Design the resident application material. 3. Develop marketing materials and ensure that the Program is promoted in all possible media outlets applicable to Leisure World. 4. Attend Leisure World Board meetings to explain and promote the program. 5. Hold meetings at Leisure World to explain the program and provide application assistance to individual residents. 6. Prepare and coordinate a Request for Proposal for three contracts per County requirements. 7. Answer program inquiries, mail applications, qualify all applications for HUD/County audit, prepare contracts, and coordinate with the approved contractor the work to be performed, manage the entire process to the end with the homeowner, and meet with the homeowner for post construction photos and notices of completion. 8. Prepare files and reimbursement reports to the County. 9. Provide program status reports to the City. 10.Prepare monitoring and compliance reports for the County of Orange. RECOMMENDATION: That the City Council adopt Resolution No. 6564 approving a professional services agreement with CivicStone, Inc. for the administration of the three year contract from 2015-2018 of the Community Development Block Grant (CDBG) ure World Bathroom Accessibility Program. SU ',hIUITTE BY NOTED AND APPROVED: d im Bashamn, I Ingrark City as ger irector of Community Development/ Community Services Attachments: A. Resolution No. 6564 B. Professional Services Agreement with CivicStone, Inc. C. Scope of Services Page 3 RESOLUTION NUMBER 6564 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH CIVICSTONE, INC. TO ADMINSTER THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) LEISURE WORLD BATHROON ACCESSIBILITY THREE YEAR PROGRAM FROM 2015-2018 THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1. The City Council hereby approves the professional services agreement between the City of Seal Beach and CivicStone, Inc.for administering the Community Development Block Grant (CDBG) Leisure Accessibility Bathroom Accessibility Program within Leisure World in an amount not to exceed $60,000 annually for each program year from 2015-2018, working at the direction of City staff and contingent upon continued allocations of CDBG funds in future years. Section 2. The Council hereby directs the City Manager to execute the Agreement. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on 8t"day of June, 2015 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Ellery Deaton, Mayor ATTEST: Tina Knapp, Acting City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Tina Knapp, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution Number 6564 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on 8t"day of June, 2015. ._..........._._ City Clerk PROFESSIONAL SERVICES AGREEMENT Between SEAJ 0 ' ..:I 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 � 201 (the "Effective Cate"), by and between Civic tone, Inc. ("Consultant"), a California Corporation, and the City of Seal Beach ("City"), a California charter city, ("Party" or, collectively, "the Parties"). Error! Unknown document property name. RECITALS A. City desires certain professional services as specified herein. 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 shall provide those services ("Services") set forth in the attached Exhibit A. To the extent that there is any conflict between Exhibit A and this Agreement, this Agreement shall control. 1.2. Consultant shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City. 1.3. In performing this Agreement, Consultant shall 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 City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions at a cost not to exceed a curnulative amount of $10,000. Payment for additional work costing more than $10,000 requires prior City Council authorization, 2.0 Term This term of this Agreement shall commence as of the Effective Date and shall continue until June 30, 2018 unless previously terminated as provided by this Agreement. 2.1 City, at its sole option, may extend the term of this Agreement once under the same terms and conditions for a period of up to one year by providing written notice of such extension to Consultant prior to the expiration of the initial term. 3.0 Consultant's Compensation In consideration of the performance of the Services set forth in Exhibit A City will pay Consultant in accordance with the fee schedule set forth in Exhibit A for 2of10 Errorl Unknown document property name. Services but in no event will City pay more than the amount budgeted for such services under Account Number 067 081-44000 in City's budget. If an increase in funds is required in Account Number 067-081-44000 to maintain the desired level of service to City, a budget amendment must be approved prior to exceeding the budgeted amount. Any additional work authorized by City pursuant to Section 1.4 will be compensated in accordance with the rate schedule set forth in Exhibit A. 4.0 Method of Payment 4.1. Consultant shall submit to City monthly invoices for all services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the services were rendered and shall 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 withheld any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Consultant. 4.2. Upon at least 24 hours' written notice from City, Consultant shall 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, with or without cause, or by Consultant based on reasonable cause, upon giving the other party written notice thereof not less than 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 City's representative for purposes of this Agreement. 6.2. Monique M. Eliason is Consultant's primary representative for purposes of this Agreement. 3of10 Error! Unknown document property name. 7.0 Notices 7.1 All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United States Mail, first class postage prepaid and addressed to the party at the following addresses: To City: City of Seal Beach 211 8th Street Seal Beach, California 90740 Attn: City Manager To Consultant: CivicStone, Inc. 4195 Chino Hills Parkway #267 Chino Hills, CA 91709 Attn: Monique M. Eliason 7.2. Actual notice shall be deemed 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 City. All services provided pursuant to this Agreement shall be performed by Consultant or under its supervision, Consultant will determine the means, methods„ and details of perforrnOg the services, Any additional personnel performing services under this Agreement on behalf olf 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, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, darnarg'es, claims, costs and expenses of any nature to the extent arising from Consultant's 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. 4 of 10 Error! Unknown document property name. 9.0 Subcontractors No portion of this Agreement shall be subcontracted without the prior written approval of City. Consultant is fully responsible to City for the performance of any and all subcontractors. 10.0 Assignment Consultant shall 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 shall not commence work under this Agreement until it has provided evidence satisfactory to City that Consultant has secured all insurance required under this Section. Consultant shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by City if requested. All certificates and endorsements shall be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 11.2. Consultant shall, 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 performance of this Agreement. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to City. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and, if required by the City, (3) Professional Liability. Consultant shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage and if Commercial General Liability Insurance or other form 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; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Professional Liability: $1,000,000 per claim/aggregate. 11.3. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by City to state: (1) coverage shall not be suspended, voided, reduced or canceled except 5 of 10 Error! Unknown document property name. after 30 days prior written notice by certified mail, return receipt requested, has been given to City; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City, its directors, officials, officers, (3) coverage shall be primary insurance as respects City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Consultant's scheduled underlying coverage and that any insurance or self-insurance maintained by City, its directors, officials, officers, employees, agents and volunteers shall be excess of Consultant's insurance and shall not be called upon to contribute with it; (4) for general liability insurance, that City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the services or operations performed by or on behalf of Consultant, including materials, parts or equipment furnished in connection with such work; and (5) for automobile liability, that 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 Consultant or for which Consultant is responsible. 11.4. All insurance required by this Section shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to City, its directors, officials, officers, employees, agents, and volunteers. 11.5, Any deductibles or self-insured retentions shall be declared to and approved by City. Consultant guarantees that, at the option of City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its directors, officials, officers, employees, agents, and volunteers; or (2) Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 12.0 Indemnification, Hold Harmless, and Duty to Defend To the full extent permitted by law, Consultant shall defend, indemnify, and hold City, its officials, officers, employees, volunteers and agents serving as independent contractors in the role of city officials (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, except for such loss or damage arising from the sole negligence or willful rna sconduct of City. With respect to any and Lill such aforesaid suits, actions, or other legal proceedings of every kind that rTbay be brought or instituted against Indemnitees, Consultant shall defend Indemnitees with counsel of 6 of 10 Error! Unknown document property name. Indemnitees' choice, at Consultant's full cost, expense, and risk, and shall pay and satisfy any judgment, award, or decree that may be rendered against Indemnitees. Consultant shall not have the right to settle or compromise any claim, action, lawsuit or proceeding hereunder without the consent of City, which shall not be unreasonably withheld if such settlement includes a full waiver and release of all claims against Indemnitees. Consultant shall 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 Consultant, City, its directors, officials, officers, employees, agents or volunteers. 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. 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 shall 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 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 Workers` 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 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, including Exhibits, may only be modified by a writing signed by both Parties. 16.0 Severability J'he 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. 7of10 Error! Unknown document property name.. 17.0 Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of California. 18.0 No Third Party Rights No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement. 19.0 Waiver No waiver of any default shall constitute a waiver of any other default or breach, whether of the same 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 20.0 Prohibited Interests; Conflict of Interest 20 1 . Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it, Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Consultant shall not accept any employment or representation during the term of this Agreement which is or may likely make Consultant "financially interested" (as provided in California Government Code §§1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained. 20.2. Consultant further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Consultant, to solicit or obtain this Agreement. Nor has Consultant paid or agreed to pay any person or entity, other' than a bona fide employee working exclusively for Consultant, any fee, commission, gift. percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Consultant hereunder the full amount or value of any such fee, commission, percentage or gift. 20,3. Consultant warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non- contractual, financial, proprietary, or otherwise, in this transaction or in the bLJS'jM-�-SS Of Consultant, and that if any such interest comes, to the knoWedge of Consultant at any firne during the term of this Agreement, Consultant shall immediately make a complete, written disclosure of such interest to City, even if 8 of 10 Error! Unknown document property name. such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this subsection, 21.0 Attorneys' Fees If either Party commences an action against the other Party, 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 attorneys' fees and other costs incurred in connection therewith. 22.0 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. 23.0 Corporate Authority The person executing this Agreement on behalf of Consultant warrants that he or she is k7ft0y authorized to exec(ite this Agreenien4 on behalf of' s,a d Party and [fiat by his or tier execution, the Consifltant if, forniMy bOUIld tO the provisions of ails Agreement, 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 EACH CONSULTANT BY By: Jill R. Ingram, City Manager Monique 10 E-fiason ATTEST- ByBy.- Tina Knapp, City Clerk APPROVED AS TO FORM: By Craig A. Steele, Interim City Attorney 9 of 10 Error! Unknown document property name. Exhibit A 1 of 10 Error! Unknown document property name. 0 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 selection process. PHASE NAME 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 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 payment authorization form Project for payment to contractors, prepares notice of completion forms for Completion the applicants, releases payment to contractor, prepares waiver release forms and manages the applicant file. Reimbursement Prepares Appendix "A" reports for each applicant. Prepares GPR Request report for each month end reimbursement. Prepare an invoice and back-up documentation for the County. Coordinates final file management documents. Follows up on county reimbursement payments. Prepares a comprehensive monthly status report for the ON and Countv. Manacles a comprehensive program database. Note: 1. Reimbursement costs will only be billed for copies, postage costs, and mileage. Fee Schedule CivicStone will bill the Agency on a monthly basis and submit a detailed, line item invoice based upon an hourly fee schedule indicated below, plus reimbursable expenses not to exceed $60,000 per year. The billing rates are as follows: Adam Eliason: $110 per hour Project Coordinator: $85 per hour Construction Specialist $85 per hour