HomeMy WebLinkAbout2009/02/03 Item 3
CITY COUNCIL
AGENDA STATEMENT
~ CITY OF
--~ ~"""" CHUIAVlSlA
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ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
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February 3, 2009, Item.-:J
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT BET\VEEN SOUTH BAY
COMMUNITY SERVICES AND THE CITY OF CHULA
VISTA FOR THE PROVISION OF FAIR HOUSING AND
TENANT-LANDLORD DISPUTE SERVICES AND
AUTHORIZING THE PURCHASING AGENT TO EXECUTE
THREE ONE- YEAR OPTIONS TO EXTEND THE
AGREEMENT
DEPUTY cgl MANAGER/DEVELOPMENT SERVICES
DIRECTORttti
CITY MANAG~
4/5THS VOTE: YES 0 NO ~
SUMMARY
The City of Chula Vista solicited proposals for the provision of Fair Housing and Tenant-
Landlord Dispute Services through a Request for Proposal process. South Bay Community
Services, the proposed Program Administrator, has a local presence and is currently
contracted with the County of San Diego as a sub-contactor for fair housing counseling.
Tbis action approves the contract and an "Authorization Limit" up to $14,583 through
June 2009, and authorizes the purchasing agent to execute three (3) additional one-year
options to extend in amounts not to exceed $35,000, $35,500, and $35,051, respectively,
for a maximum authorized amount of$120,134.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed actIVIty for
compliance with the California Environmental Quality Act (CEQA) and has determined
that the activity is not a ..Project" as defIned under Section 15378 of the State CEQA
Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the
activity is not subject to CEQA. Thus, no environmental review is necessary.
RECOMMENDATION
Council adopt the resolution.
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February 3, 2009, Item~
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BOARDS/COMl\1ISSION RECOl\1MENDATION
Not applicable.
DISCUSSION
As a condition of receiving Federal funding from the U.S. Department of Housing and
Urban Development, the City is required to certify that it will meet the requirements in
the Fair Housing Act (42 D.S.C. 3601-20), as well as g570.601(a), which sets forth the
City's responsibility to affirmatively further fair housing. The City of Chula Vista
contracts this service because it is more cost-effective than providing the services in-
house and ensures assistance from qualified and experienced third-party professionals in
this highly specialized field.
For several years the City of Chula Vista has contracted for fair housing through the
annual CDBG, ESG, and HOME annual application cycle. During the fiscal year
2008/2009 cycle, no application was submitted and in response the City issued a Request
for Proposals (RFP) for the provision of Fair Housing and Tenant-Landlord Dispute
Services ('"Program") on October 1, 2008 with a deadline for submittals of October 31,
2008. A mandatory pre-submittal conference was held on October 13th, at which South
Bay Community Services (SBCS) was the only attendee, making them the only eligible
organization for proposal submission.
Administrator:
SBCS is a non-profit organization established in 1991 with a focus on affordable housing
and economic development. SBCS provides a continuum of housing services for low-
income and special needs populations and is currently serving as a sub-contractor for the
County of San Diego to provide fair housing services to parts of the South Bay region
serving residents of Lincoln Acres, Coronado, Imperial Beach, and to Section 8
participants in the County's jurisdiction. They are a long standing contractor and
subrecipient of the City of Chula Vista having worked on a variety of projects and
programs. SBCS is qualified and dedicated to meeting the fair housing requirements for
Chula Vista.
Scope of Work:
The following itemizes the proposed scope of work to be performed by SBCS, including
but limited to:
· Processing of Fair Housing Inquiries and Tenant-Landlord Issues to determine
appropriate referrals, including assistance in filing complaints to the Department of
Housing and Urban Development (RUD) or Department of Fair Employment and
Housing (DFEH), as appropriate (with a focus on Fair Housing);
e Development of fair housing outreach/training materials and participation in regional
fair housing activities;
· Oversee the City's Affirmative Fair Housing Marketing Plan; and
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February 3, 2009, Iteml
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. Utilization of the current Analysis of Impediments of Fair Housing Choice and
Compilation of Information for the 2010 City's Analysis of Impediments of Fair
Housing Report.
DECISION MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is
not site specific and consequently the 500 foot rule found in California Code of
Regulations section 18704.2( a) (1 ) is not applicable to this decision.
FISCAL IMPACT
The action tonight will utilize up to $14,583 in CDBO funds for Fiscal Year 2008/2009
("FY 08/09") and $35,000, $35,500, and $35,051, respectively, in CDBO funds for each
of the contract extension options thereafter, for a total "Authorization Limit" not to
exceed $120,134. FY 08/09 funds are budgeted and available in the existing budget.
Future fiscal years will be budgeted through the annual budget process.
ATTACHMENTS
1. Two Party Agreement
Prepared by: Stacey Kurz, Senior Project Coordinator, Redevelopment & Housing
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THE A TT ACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
"
B Miesfeld
Interim City Attorney
Dated:
I /28/U;
I I
Agreement between
City of Chula Vista
and
South Bay Community Services
for Provision of Fair Housing and
Tenant-Landlord Dispute Services
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A IT ACHMENT 1
AGREElVIENT
BETWEEN
Crry OF CHULA VISTA
AND
SOUTH BAY COMMUNITY SERVICES
FOR
PROVISION OF FAIR HOUSING AND TENAJ.~T-LANDLORD DISPUTE SERVICES
This agreement ("Agreement"), dated February 4, 2009 for the purposes of reference only, and
effective as of the date last executed unless another date is otherwise specified in Exhibit A,
Paragraph 1, is between the City-related entity as is indicated on Exhibit A, Paragraph 2, as such
("City"), whose business form is set forth on Exhibit A, Paragraph 3, and the entity indicated on the
attached Exhibit A, Paragraph 4, as Consultant, whose business form is set forth on Exhibit A,
Paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A,
Paragraph 6 ("Consultant"), and is made with reference to the following facts:
Recitals
WHEREAS, as a condition of receiving Community Development Block Grant
(CDBG), Emergency Shelter Grant (ESG), and HOME Investment Partnership (HOME) funding
from the U.S. Department of Housing and Urban Development, the City is required to certify that it
will meet the requirements in the Fair Housing Act (42 U.S.C. 3601-20), as well as S570.601(a),
which sets forth the City's responsibility to affirmatively further fair housing; and
WHEREAS, the City is seeking professional consultant services to assist the City in
the provision of fair housing and tenant-landlord dispute services; and
WHEREAS, South Bay Community Services, was selected as Consultant due to it's
intimate knowledge of fair housing compliance, their extensive experience, and their ability to
complete the services in a timely manner; and
WHEREAS, Consultant warrants and represents that they are experienced and
staffed in a manner such that they are and can prepare and deliver the services required of
Consultant to City within the time frames herein provided all in accordance with the terms and
conditions of this Agreement;
(End of Recitals. Next Page starts Obligatory Provisions.)
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Obligatory Provisions Pages
NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually agree as
follows:
1. Consultant's Duties
A. General Duties
Consultant shall perform all of the services described on the attached Exhibit A,
Paragraph 7, entitled "General Duties"; and,
B. Scope of Work and Schedule
In the process of performing and delivering said "General Duties", Consultant shall also
perform all of the services described in Exhibit A, Paragraph 8, entitled "Scope of Work and
Schedule", not inconsistent with the GeneralDuties, according to, and within the time frames set
forth in Exhibit A, Paragraph 8, and deliyer to City such Deliverables as are identified in Exhibit
A, Paragraph 8, within the timeframes set forth therein, time being of the essence of this
agreement. The General Duties and the work and deliverables required in the Scope of Work and
Schedule shall be herein referred to as the "Defined Services". Failure to complete the Defined
Services by the times indicated does not, except at the option of the City, operate to terminate
this Agreement.
C. Reductions in Scope of Work
City may independently, or upon request from Consultant, from time to time reduce the
Defined Services to be performed by the 90nsultant under this Agreement. Upon doing so, City
and Consultant agree to meet in goodfaith and confer for the purpose of negotiating a
corresponding reduction in the compensation associated with said reduction.
D. Additional Services
In addition to performing the Defined Services herein set forth, City may require Consultant
to perform additional consulting services related to the Defined Services ("Additional Services''),
and upon doing so in writing, if they are within the scope of services offered by Consultant,
Consultant shall perform same on a time and materials basis at the rates set forth in the "Rate
Schedule /I in Exhibit A, Paragraph 1 O(C), unless a separate fzxed fee is otherwise agreed upon.
All compensationfor Additional Services shall be paid monthly as billed.
E. Standard 'of Care
Consultant, in performing any Services under this agreement, whether Defined Services or
Additional Services, shall perform in a manner consistent with that level of care and skill
ordinarily exercised by members of the profession currently practicing under similar conditions
and in similar locations.
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F. Insurance
Consultant must procure insurance against claims for injuries to persons or damages to
property that may arise from or in connection with the performance of the work under the
contract and the results of that work by the Consultant, his agents, representatives, employees or
subcontractors and provide documentation of same prior to commencement of work. The
insurance must be maintained for the duration of the contract.
Minimum Scope of Insurance
Coverage must be at least as broad as:
(1) Insurance Services Office Commercial General Liability coverage (occurrence Form
CG0001).
(2) Insurance Services Office Form Number CA 0001 covering Automobile Liability,
Code 1 (any auto)..
(3) Workers' Compensation insurance as required by the State of California and
Employer's Liability Insurance.
(4) Professional Liability or Errors & Omissions Liability insurance appropriate to the
Consultant's profession. Architects' and Engineers' coverage is to be endorsed to
include contractual liability.
Minimum Limits of Insurance
Contractor must maintain limits no less than:
1. General Liability:
(Including operations,
products and completed
operations, as applicable)
.2. Automobile Liability:
3. Workers' Compensation
Employer's Liability:
4. Professional Liability or
Errors & Omissions
Liability:
$1,000,000 per occurrence for bodily injury, personal injury and
property daIDage. If Commercial General Liability insurance with
a general aggregate limit is used, either the general aggregate
limit must apply separately to this project/location or the general
aggregate limit must be twice the required occurrence limit.
$1,000,000 per accident for bodily injury and property damage.
Statutory
$1,000,000 each accident
$1,000,000 disease-policy limit
$1,000,000 disease-each employee
$1,000,000 each occurrence
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Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At
the option of the City, either the insurer will reduce or eliminate such deductibles or self-insured
retentions as they pertain to the City, its officers, officials, employees and volunteers; or the
Consultant will provide afinancial guarantee satisfactory to the City guaranteeing payment of
losses and related investigations, claim administration, and defense expenses.
Other Insurance Provisions
The general liability, automobile liability, and where appropriate, the worker's
compensation policies are to contain, or be endorsed to .contain, the following provisions:
(1) The City ofChula Vista, its officers, officials, employees, agents, and volunteers are
to be named as additional insureds with respect to liability arising out of automobiles
owned, leased, hired or borrowed by or on behalf of the Consultant, where
applicable, and, with respect to liability arising out of work or operations performed
by or on behalf of the Consultant, including providing materials, parts or equipment
furnished in connection with such work or operations. The general liability additional
insured coverage must be provided in the form of an endorsement to the contractor's
insurance using ISO CG 2010 (11/85) or its equivalent. Specifically, the endorsement
must not exclude Products/Completed Operations coverage.
(2) The Consultant's General Liability insurance coverage must be primary insurance as it
pertains to ule City, its officers, officials, employees, agents, and volunteers. Any insurance
or self-insurance maintained by the City, its officers, officials, employees, or volunteers is
wholly separate from the insurance of the contractor and in no way relieves the contractor
from its responsibility to provide insurance.
(3) The insurance policy required by this clause must be endorsed to state that coverage
will not be canceled by either party, except after thirty (30) days' prior written notice
to the City by certified mail, return receipt requested.
(4) Coverage shall not extend to any indemnity coverage for the active negligence of the
additional insured in any case where an agreement to indemnify the additional insured
would be invalid under Subdivision (b) of Section 2782 of the Civil Code.
(5) Consultant's insurer will provide a Waiver of Subrogation in favor of the City for
each required policy providing coverage during the life of this contract.
JfGeneral Liability, Pollution and/or Asbestos Pollution Liability and/or Errors &
Omissions coverage are written on a claims-made form:
(1) The "Retro Date" must be shown, and must be before the date of the contract or the
beginning of the contract work
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(2) Insurance must be maintained and evidence of insurance. must be provided for at least
five (5) years after completion of the contract work.
(3) If coverage is canceled or non-renewed, and not replaced with another claims-made
policy form with a "Retro Date" prior to the contract effective date, the Consultant
must purchase "extended reporting" coverage for a minimum of five (5) years after
completion of contract work.
(4) A copy of the claims reporting requirements must be submitted to the City for review.
Acceptability of Insurers
,
Insurance is to be placed with licensed insurers admitted to transact business in the State of
California with a current A.M. Best's rating of no less than A V. If insurance is placed with a
surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus
Lines Insurers ("LESLI") with a current A.M. Best's rating of no less than A X. Exception may
be made for the State Compensation Fund when not specifically rated.
Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements
effecting coverage required by this clause. The endorsements should be on insurance industry
forms, provided those endorsements or policies conform to the contract requirements. All
certificates and endorsements are to be received and 'approved by the City before work
commences. The City reserves the right to require, at any time, complete, certified copies of all
required insurance policies, including endorsements evidencing the coverage required by these
specifications.
Subcontractors
Consultants must include all subconsultants as insureds under its policies or furnish separate
certificates and endorsements for each subconsultant. All coverage for subconsultants are subject
to all of the requirements included in these specifications.
G. Security for Performance
(1) Performance Bond
In the event that Exhibit A, at Paragraph 18, indicates the need for Consultant to provide
a Performance Bond (indicated by a check mark in the parenthetical space immediately preceding
the subparagraph entitled "Performance Bond"), then Consultant shall provide to the City a
performance bond in the form prescribed by the City and by such sureties which are authorized to
transact such business in the State of California, listed as approved by the United States
Department of Treasury Circular 570, http://www.fms.treas.gov/c570, and whose underwriting
limitation is sufficient to issue bonds in the amount required by the agreement, and which also
satisfy the requirements stated in Section 995.660 of the Code of Civil Procedure, except as
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provided otherwise by laws or regulations. All bonds signed by an agent must be accompanied by
a certified copy of such agent's authority to act. Surety companies must be duly licensed or
authorized in the jurisdiction in which the Project is located to issue bonds for the limits so
required. Form must be satisfactory to the Risk Manager or City Attorney which amount is
indicated in the space adjacent to the term, "Performance Bond", in said Exhibit A, Paragraph 18.
(2) Letter of Credit
In the event that Exhibit A, at Paragraph 18, indicates the need for Consultant to provide a Letter of
Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph
entitled "Letter of Credit"), then Consultant shall provide to the City an irrevocable letter of credit
callable by the City at their unfettered discretion by submitting to the bank a letter, signed by the City
Manager, stating that the Consultant is in breach ofthe terms of this Agreement. The letter of credit shall
be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney
which amount is indicated in the space adjacent to the term, "Letter of Credit", in said Exhibit A,
Paragraph 18.
(3) Other Security
In the event that Exhibit A, at Paragraph 18, indicates the need for Consultant to provide security other
than a Performance Bond or a Letter of Credit (indicated by a check mark in the parenthetical space
immediately preceding the subparagraph entitled "Other Security"), then Consultant shall provide to the
City such other security therein listed in a form arid amount satisfactory to the Risk Manager or City
Attorney.
H. Business License
Consultant agrees to obtain a business license from the City and to otherwise comply with
Title 5 of the Chula Vista Municipal Code.
2. Duties of the City
A. Consultation and Cooperation
City shall regularly consult the Consultant for the purpose of reviewing the progress of the
Defined Services and Schedule therein contained, and to provide direction and guidance to
achieve the objectives of this agreement. The City shall permit access to its office facilities. files
and records by Consultant throughout the term of the agreement. In addition thereto, City agrees
to provide the information, data, items and materials set forth on Exhibit A, Paragraph 9, and
with the further understanding that delay in the provision of these materials beyond thirty (30)
days after authorization to proceed, shall constitute a basis for the justifiable delay in the
Consultant's performance of this agreement.,
B. Compensation
Upon receipt of a properly prepared billingfrom Consultant submitted to the City.
periodically as indicated in Exhibit A, Paragraph 17, but in no event more frequently than
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monthly, on the day of the period indicated in Exhibit A, Paragraph 17, City shall compensate
Consultant for all services rendered by Consultant according to the terms and conditions set
forth in Exhibit A, Paragraph 10, adjacent to the governing compensation relationship indicated
by a "checkmark" next to the appropriate arrangement, subject to the requirements for retention
set forth in Paragraph 18 of Exhibit A, and shall compensate Consultant for out of pocket
expenses as provided in Exhibit A, Paragraph 11.
All billings submitted by Consultant shall contain sufficient information as to the propriety of
the billing to permit the City to evaluate that the amount due and payable thereunder is proper,
and shall specifically contain the City's account number indicated on Exhibit A, Paragraph
17 (C) to be charged upon making such payment.
3. Administration of Contract
Each party designates the individuals ("Contract Administrators") indicated on Exhibit A,
Paragraph 12, as said party's contract administrator who is authorized by said party to
represent them in the routine administration of this agreement.
4. Term
This Agreement shall terminate when the Parties have complied with all executory provisions
hereof
5. Liquidated Damages
The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A..
Paragraph 13.
It is acknowledged by both parties that time is of the essence in the completion of this
Agreement. It is difficult to estimate the amount of damages resultingfrom delay in performance.
The parties have used their judgment to arrive at a reasonable amount to compensate for delay.
Failure to complete the Defined Services within the allotted time period specified in this
Agreement shall result in the following penalty: For each consecutive calendar day in excess of
the time specifiedfor the completion of the respective work assignment or Deliverable, the
Consultant shall pay to the City, or have withheldfrom monies due, the sum of Liquidated
Damages Rate provided in Exhibit A, Pczragraph 13 ("Liquidated Damages Rate").
Time extensions for delays beyond the Consultant's control, other than delays caused by the
City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the
expiration of the specified time. Extensions of time, when granted, will be based upon the effect
of delays to the work and will not be granted for delays to minor portions of work unless it can
be shown that such delays did or will delay the progress of the work
6. Financial Interests of Consultant
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A. Consultant is Designated as an FPPC Filer
If Consultant is designated on Exhibit A, Paragraph 14, as an "FP PC filer", Consultant is
deemed to be a "Consultant"for the purposes of the Political Reform Act conflict of interest and.
disclosure provisions, and shall report economic interests to the City Clerk on the required
Statement of Economic Interests in such reporting categories as are specified in Paragraph 14 of
Exhibit A, or if none are specified, then as determined by the City Attorney.
B. Decline to Participate
Regardless of whether Consultant is designated as an FP PC Filer, Consultant shall not
make. or participate in making or in any way attempt to use Consultant's position to influence a
governmental decision in which Consultant knows or has reason to know Consultant has a
financial interest other than the compensation promised by this Agreement.
C. Search to Determine Economic Interests
Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and
represents that Consultant has diligently conducted a search and inventory of Consultant's
economic interests, as the term is used in the regulations promulgated by the Fair Political
Practices Commission, and has determined that Consultant does not. to the best of Consultant's
knowledge, have an economic interest which would conflict with Consultant's duties under this
agreement.
D. Promise Not to Acquire Conflicting Interests
Regardless of whether Consultant is designated as an FPPC Filer, Consultant further
warrants and represents that Consultant will not acquire, obtain, or assume an economic
interest during the term of this Agreement which would constitute a conflict of interest as
prohibited by the Fair Political Practices Act.
E. Duty to Advise of Conflicting Interests
Regardless of whether Consultant is designated as an FPPC Filer, Consultant further
warrants and represents that Consultant will immediately advise the City Attorney of City if
Consultant learns of an economic interest of Consultant's that may result in a conflict of interest
for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder.
F. Specific Warranties Against Economic Interests
Consultant warrants and represents that neither Consultant, nor Consultant's immediate
family members, nor Consultant's employees or agents ("Consultant Associates'') presently have
any interest, directly or indirectly, whatsoever in any property which may be the subject matter
of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of
any property which may be the subject matter of the Defined Services, ("Prohibited Interest''),
other than as listed in Exhibit A, Paragraph 14.
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Consultant further warrants and represents that no promise offuture employment,
remuneration, consideration, gratuity or other reward or gain has been made to Consultant or
Consultant Associates in connection with Consultant's performance of this Agreement.
Consultant promises ta advise City of any such promise that may be made during the Term of
this Agreement, or for twelve months thereafter.
Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest
within the Term of this Agreement, or for twelve months after the expiration of this Agreement,
except with the written permission of City.
Consultant may not conduct or solicit any business for any party to this Agreement, or for
any third party that may be in conflict with Consultant's responsibilities under this Agreement,
except with the written permission of City.
7. Hold Harmless
Consultant shall defend, indemnify, protect and hold harmless the City, its elected and
appointed officers and employees, from and against all claims for damages, liability, cost and
expense (including without limitation attorneys fees) arising out of or alleged by third parties to
be the result of the negligent acts, errors or omissions or the willful misconduct of the
Consultant, and Consultant's employees, subcontractors or other persons, agencies or firms for
whom Consultant is legally responsible in connection with the execution of the work covered by
this Agreement, except only for those claims, damages, liability, costs and expenses (including
without limitations, attorneys fees) arising from the sole negligence or sole willful misconduct of
the City, its officers, employees. Also covered is liability arisingfrom, connected with, caused by
or claimed to be caused by the active or passive negligent acts or omissions of the City, its
agents, officers, or employees which may be in combination with the active or passive negligent
acts or omissions of the Consultant, its employees, agents or officers, or any third party.
With respect to losses arising from Consultant's professional errors or omissions, Consultant
shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers
and employees, from and against all claims for damages, liability, cost and expense (including
without limitation attorneys fees) except for those claims arising from the negligence or willful
misconduct of City, its officers or employees.
Consultant's indemnification shall include any and all costs, expenses, attorneys fees and
liability incurred by the City, its officers, agents or employees in defending against such claims,
whether the same proceed to judgment or not. Consultant's obligations under this Section shall
not be limited by any prior or subsequent declaration by the Consultant. Consultant's
obligations under this Section shall survive the termination of this Agreement.
For those professionals who are required to be licensed by the state (e.g. architects,
landscape architects, surveyors and engineers), the following indemnification provisions should
be utilized:
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(1) Indemnification and Hold Harmless Agreement
With respect to any liability, including but not limited to claims asserted or costs,
losses, attorney fees, or payments for injury to any person or property caused or claimed to be
caused by the acts or omissions of the Consultant, or Consultant.'s employees, agents, and
officers, arising out of any services performed involving this project, except liability for
Professional Services covered under Section 7.2, the Consultant agrees to defend, indemnify,
protect, and hold harmless the City, its agents, officers, or employees from and against all
liability. Also covered is liability arising from, connected with, caused by, or claimed to be
caused by the active or passive negligent acts or omissions of the City, its agents, officers, or
employees which may be in combination with the active or passive negligent acts or omissions of
the Consultant, its employees, agents or officers, or any third party. The Consultant's duty to
indemnify, protect and hold harmless shall not include any claims or liabilities arising from the
sole negligence or sole willful misconduct of the City, its agents, officers or employees. This
section in no way alters, affects or modifies the Consultant's obligation and duties under Section
Exhibit A to this Agreement.
(2) Indemnification for Professional Services.
As to the Consultant's professional obligation, work or services involving this
Project, the Consultant agrees to indemnify, defend and hold harmless the City, its agents,
officers and employees from and against any and all liability, claims, costs, and damages.
including but not limited to, attorneys fees, that arise out of, or pertain to, or relate to the
negligence, recklessness or willful misconduct of Consultant and its agents in the performance of
services under this agreement, but this indemnity does not apply liability for damages for death
or bodily injury to persons, injury to property, or other loss, arisingfrom the sole negligence,
willful misconduct or defects in design by City or the agents, servants, or independent
contractors who are directly responsible to City, or arisingfrom the active negligence of City.
8. Termination of Agreement for Cause
If through any cause, Consultant shall fail to fulfill in a timely and proper manner
Consultant's obligations under this Agreement, or if Consultant shall violate any of the
covenants, agreements or stipulations of this Agreement, City shall have the right to terminate
this Agreement by giving written notice to Consultant of such termination and specifying the
effective date thereof at least five (5) days before the effective date of such termination. In that
event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and
other materials prepared by Consultant shall, at the option of the City, become the property of
the City, and Consultant shall be entitled to receive just and equitable compensation for any
work satisfactorily completed on such documents and other materials up to the effective date of
Notice of Termination, not to exceed the amounts payable hereunder, and less any damages
caused City by Consultant's breach.
9. Errors and Omissions
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In the event that the City Administrator determines that the Consultants' negligence, errors,
or omissions in the performance of work under this Agreement has resulted in expense to City
greater than would have resulted if there were no such negligence, errors, omissions, Consultant
shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended
to limit City's rights under other provisions of this agreement.
10. Termination of Agreement for Convenience of City
City may terminate this Agreement at any time and for any reason, by giving specific written
notice to Consultant of such termination and specifying the effective date thereof, at least thirty
(30) days before the effective date of such termination. In that event, all finished and unfinished
documents and other materials described hereinabove shall, at the option of the City, become
City's sole and exclusive property. If the Agreement is terminated by City as provided in this
paragraph, Consultant shall be entitled to receive just and equitable compensationfor any
satisfactory work completed on such documents and other materials to the effective date of such
termination. Consultant hereby expressly waives any and all claims for damages or
compensation arising under this Agreement except as set forth herein.
11. Assignability
The services of Consultant are personal to the City, and Consultant shall not assign any
interest in this Agreement, and shall not transfer any interest in the same (whether by assignment
or notation), without prior written consent of City.
City hereby consents to the assignment of the portions of the Defined Services identified in
Exhibit A, Paragraph 16 to the subconsultants identified thereat as "Permitted Subconsultants".
12. Ownership, Publication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems
and any other materials or properties produced under this Agreement shall be the sole and
exclusive property of City. No such materials or properties produced in whole or in part under
this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the
United States or in any other country without the express written consent of City. City shall have
unrestricted authority to publish, disclose (except as may be limited by the provisions of the
Public Records Act), distribute, and othen.vise use, copyright or patent, in whole or in part, any
such reports, studies, data, statistics, forms or other materials or properties produced under this
Agreement.
13. Independent Contractor
City is interested only in the results obtained and Consultant shall perform as an
ind~pendent contractor with sole control of the manner and means of performing the services
required under this Agreement. City maintains the right only to reject or accept Consultant's
work products. Consultant and any of the Consultant's agents, employees or representatives are,
for all purposes under this Agreement, an independent contractor and shall not be deemed to be
Page 11 of 23
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an employee of City, and none of them shall be entitled to any benefits to which City employees
are entitled including but not limited to, overtime, retirement benefits, worker's compensation
benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal
income tax, social security tax or any other payroll tax, and Consultant shall be solely
responsible for the payment of same and shall hold the City harmless with regard thereto.
14. Administrative Claims Requirements and Procedures
No suit or arbitration shall be brought arising out of this agreement, against the City unless
a claim has first been presented in writing and filed with the City and acted upon by the City in
accordance with the procedures set forth in Chapter 1. 34 of the Chula Vista Municipal Code, as
same mayfi"om time to time be amended, the provisions of which are incorporated by this
reference as if fully set forth herein. and such policies and procedures used by the City in the
implementation of same.
Upon request by City, Consultant shall meet and confer in good faith.with City for the
purpose of resolving any dispute over the terms of this Agreement.
15. Attorney's Fees
Should a dispute arising out of this Agreement result in litigation, it is agreed that the
prevailing party shall be entitled to a judgment against the other for an amount equal to
reasonable attorney's fees and court costs incurred The ''prevailing party" shall be deemed to be
the party who is awarded substantially the relief sought.
16. Statement of Costs
In the event that Consultant prepares a report or document, or participates in the
preparation of a report or document in performing the Defined Services, Consultant shall
include, or cause the inclusion oj in said report or document, a statement of the numbers and
cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report
or document.
17. Miscellaneous
A. Consultant not authorized to Represent City
Unless specifically authorized in writing by City, Consultant shall have no authority to act as
City's agent to bind City to any contractual agreements whatsoever.
B. Consultant is Real Estate Broker and/or Salesman
If the box on Exhibit A, Paragraph 15 is marked, the Consultant and/or their principals
is/are licensed with the State of California or some other state as a licensed real estate broker or
salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are
licensed real estate brokers or salespersons.
Page 12 of 23
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C. Notices
All notices, demands or requests providedfor or permitted to be given pursuant to this
Agreement must be in writing. All notices,. demands and requests to be sent to any party shall be
deemed to have been properly given or served if personally served or deposited in the United
States mail, addressed to such party, postage prepaid, registered or certified, with return receipt
requested, at the addresses identified herein as the places of business for each of the designated
parties.
D. Entire Agreement
This Agreement, together with any other written document referred to or contemplated
herein, embody the entire Agreement and understanding between the parties relating to the
subject matter hereof Neither this Agreement nor any provision hereofmay be amended,
modified, waived or discharged except by an instrument in writing executed by the party against
which enforcement of such amendment, waiver or discharge is sought.
E. Capacity of Parties
Each signatory and party hereto hereby warrants and represents to the other party that it has
legal authority and capacity and direction fi"om its principal to enter into this Agreement, and
that all resolutions or other actions have been taken so as to enable it to enter into this
Agreement.
F. Governing LawN enue
This Agreement shall be governed by and construed in accordance with the lmlls of the State
of California. Any action arising under or relating to this Agreement shall be brought only in the
federal or state courts located in San Diego County, State of California, and ifapplicable, the
City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance
hereunder, shall be the City ofChula Vista.
(End of page. Next page is signature page.)
Page 13 of23
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Silmature Pal!e
TO
AGREElVIENT
BETWEEN
CITYOFCHULA VISTA
AND
SOUTH BAY COMMUNITY SERVICES
FOR
PROVISION OF FAIR HOUSING AND TENANT-LANDLORD DISPUTE SERVICES
IN WITNESS WHEREOF, City and Consultant have executed this Agreement thereby indicating that
they have read and understood same, and indicate their full and complete consent to its terms:
Dated:
City ofChula Vista
By:
James D. Sandoval, City Manager
Attest:
Donna Norris, City Clerk
Approved as to form:
Bart Miesfeld, City Attorney
Dated:
Exhibit List to Agreement
(X) ExhIbit A
Page 14 of 23
3-18
Exhibit A
TO
AGREEMENT
BETWEEN
CITY OF CHULA VISTA
AND
SOUTH BAY COl\1i)fUNITY SERVICES
FOR
PROVISION OF FAIR HOUSING AND TENANT-LANDLORD DISPUTE SERVICES
1. Effective Date of Agreement:
February 4, 2009
2. . City-Related Entity:
eX) City of Chula Vista, a municipal chartered corporation of the State of California
( ) Redevelopment Agency of the City of Chula Vista, a political subdivision of the State of
California
( ) Industrial DevelopmentAuthority of the City ofChula Vista, a
( ) Other:
, a [insert business form]
("City")
3. Place of Business for City:
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
4. Consultant:
South Bay Community Services
5. Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(X) Corporation
Page 15 of 23
3-19
6. Place of Business, Telephone and Fax Nurriber of Consultant:
1124 Bay Boulevard, Suite D
Chula Vista, CA 91911
Voice Phone: (619) 420-3620
Fax Phone: (619) 420-8722
7, General Duties:
Consultant shall provide fair housing and tenant-landlord dispute services to include, but not
limited to: advocacy, outreach and education; technical training opportunities for housing staff
and providers; maintenance of fair housing discrimination investigations; intake and enforcement
processes; collaborations and/or linkages with other entities which further strengthen fair housing
activities in the City of Chula Vista. .
8. Scope of Work and Schedule:
A. Detailed Scope of Work:
Consultant shall provide services to meet 'the requirements of the Fair Housing Act
(42 U.S.c. 3601-20) for the City of Chula Vista in compliance with the provisions of
Federal regulations governing Community Development Block Grant (CDBG) funds,
particularly 24 CFR Parts 24, 85,135, and 570, and OMB Circulars A-122.
Consultant shall Process Fair Housing Inquiries and Tenant-Landlord Issues, including
but not limited to:
"Receive and screen inquiries/complaints and arrive at a preliminary
determination of which cases have fair housing implications and which do not.
II Assist and/or refer complainants of fair housing issues and tenant-landlord
disputes to the appropriate competent legal resources or dispute resolution
agencies when appropriate. This includes compilation of evidence and
declarations for fair housing cases including interviewing witnesses, reviewing
rental agreements, testing, analysis of rental, sales, and mortgage data, rules,
funding sources obligations, etc.
· Assist claimants with fair housing information and as appropriate, refer claimant's
complaints to the 'Depa'rtment of Housing and Urban Development (HUD) or
Department of Fair Employment and Housing (DFEH).
D Provide follow up on all cases referred to HUD or DFEH or legal services
Consultants.
Consultant shall develop and maintain a fair housing outreach/training element,
including but not limited to:
D Develop, produce, and distribute as required, Fair Housing brochures and/or
pamphlets to the public, including local community based organizations, senior
centers and family resource centers, regarding fair housing law and regulatory
issues. These materials shall be bilingual, where appropriate.
Page 16 of 23
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· Provide verification of monthly publications or broadcasts of at least one
educational news article regarding Fair Housing issues, laws or resources.
· Annually conduct and/or participate in a regional San Diego Fair Housing Fair
intended to educate the public on fair housing issues, laws and resources.
" Consult and participate with non-profit, governmental and private sector housing
and fair housing agencies active within the San Diego region, including
membership and participation in the San Diego County Fair Housing Resources
Board ("FHRB").
· Annually conduct an educational event during Fair Housing Month specifically
designed for San Diego County housing providers, including but not limited to:
City staff, property managers, owners, realtors, and resident organizations within
the City of Chula Vista.
.. Set up and maintain a website that contains fair housing information and E-mail
capability, and/or inclusion of these items in the City's existing website.
Consultant shall develop and maintain a fair housing referral element, including but
not limited to:
.. A well-publicized system to receive tenant-landlord and fair housing complaints
from within the City,. including an (800) or equivalent toll-free phone number, to
resolve or refer such complaints to the appropriate source for resolution, and to
maintain and provide to the City complete statistical records on all complaints
and their resolution.
Consultant shall develop and maintain an affirmative fair housing marketing element,
including but not limited to:
· Overseeing the City's Affirmative Fair Housing Marketing Plan ("AFHMP"),
including educating builders about AFHMP requirements, determining whether
AFHMP proposals satisfy requirements of the Fair Housing Act, drafting
exemption letters for exempt projects, and ensuring that Building Industry
Association exemption letters are accompanied by a letter from the BIA
indicating compliance with the Voluntary Affirmative Marketing Agreement.
Program reports and administration related to the above tasks, including but not
limited to: .
" Provide monthly log to City of received calls/applications and log on the handling
of each call/application.
.. Develop and submit to the City a complete quarterly report and Annual Report of
the Fair Housing Program progress during the preceding quarter, including.
tabular and textural materials as required. Reports submitted shall include
actions taken and status of resolutions of complaints.
.. Documentation identifying unduplicated clients served, to include but not limited
to age, race/ethnicity, and income in the format provided by the City.
· Additional programs, tasks, or responsibilities deemed by the City or the u.S.
Department of Housing and Urban Development (H UD) to be necessary as part
of a Fair Housing Program either as a result of review of the existing program or
originating from legislation or interpretation. If necessary, additional costs of
such programs or tasks will be negotiated with the City prior to commencement.
Page 1 7 of 23
3-21
Consultant shall utilize the current Analysis of Impediments of Fair Housing Choice
and Compile Information for the City's Analysis of Impediments of Fair Housing
Report, to include, but not limited to:
II Incorporate the information and recommendations on the most recent version of
the Analysis of Impediments and develop effective strategies for the provision to
mitigate impediments noted and to provide actions for affirmatively furthering
fair housing choice.
II Assist in the compilation of information regarding impediments to fair housing
choice for the City's 2010 Analysis of Impediments to Fair Housing Choice.
B. Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
( ) Other:
C. Dates or Time Limits for Delivery of Deliverables:
Deliverable No.1:
Deliverable No.2:
Deliverable No.3:
D. Date for completion of all Consultant services:
June 30, 2009
This agreement may also be extended by mutual agreement for up to three (3) years, in
one year increments through June 30,2012.
9. Materials Required to be Supplied by City to Consultant:
List of fiscal year 2008/2009 fair housing calls/responses.
10. Compensation:
A. (X) Single Fixed Fee Arrangement.
For performance of all of the Defmed Services by Consultant as herein required, including
time and materials, City shall pay a single fixed fee in the amounts and at the times or milestones
or for the Deliverables set forth below:
Single Fixed Fee Amount: $14,583
Provided the City exercises its options to extend, the Single Fixed Fee amounts for each
fiscal year shall be as follows:
Page 18 of 23
3-22
Fiscal Year ("FY")
FY 2009/2010
FY 2010/2011
FY 2011/2012
Sin~le Fixed Fee Amount
$35,000
$35,500
$35,051
Single Fixed Fee Amounts shall be payable as follows:
Milestone or Event or Deliverable
Amount or Percent of Fixed Fee
(X) 1. Monthly Payments. The City shall make monthly payments against the Single
Fixed Fee Amount. Each payment shall be equal to the Single Fixed Fee Amount
specified above for a particular fiscal year divided by the total number of months for
which the Consultant's services have been contracted for that same fiscal year.
( ) 2. Interim Monthly Advances. The City shall make interim monthly advances against
the compensation due for each phase on a percentage of completion basis for each
given phase such that, at the end of each phase only the compensation for that phase
has been paid. Any payments made hereunder shall be considered as interest free
loans that must be returned to the City if the Phase is not satisfactorily completed. If
the Phase is satisfactorily completed, the City shall receive credit against the
compensation due for that phase. The retention amount or percentage set forth in
Paragraph 19 is to be applied to each interim payment such that, at the end of the
phase, the full retention has been held back from the compensation due for that phase.
Percentage of completion of a phase shall be assessed in the sole and unfettered
discretion by the Contracts Administrator designated herein by the City, or such other
person as the City Manager shall designate, but only upon such proof demanded by
the City that has been provided, but in no event shall such interim advance payment
be made unless the Contractor shall have represented in writing that said percentage
of completion of the phase has been performed by the Contractor. The practice of
making interim monthly advances shall not convert this agreement to a time and
materials basis of payment.
B. ( ) Phased Fixed Fee Arrangement.
F or the performance of each phase or portion of the Defmed Services by Consultant as are
separately identified below, City shall pay the fixed fee associated With each phase of Services, in
the amounts and at the times or milestones or Deliverables set forth. Consultarit shall not
commence Services under any Phase, and shall not be entitled to the compensation for a Phase,
unless City shall have issued a notice to proceed to Consultant as to said Phase.
Payments to Consultant shall be based upon achievement of project milestones as follows:
Page 1 9 of 23
3-23
Phase
Fee for Said Phase
1.
2.
..,
;).
4.
( ) 1. Interim Monthly Advances. The City shall make interim monthly advances against
the compensation due for each phase on a percentage of completion basis for each
given phase such that, at the end of each phase only the compensation for that phase
has been paid. Any payments made hereunder shall be considered as interest free
loans that must be returned to the City if the Phase is not satisfactorily completed. If
the Phase is satisfactorily completed, the City shall receive credit against the
compensation due for that phase. The retention amount or percentage set forth in
Paragraph 19 is to be applied to each interim payment such that, at the end of the
phase, the full retention has been held back from the compensation due for that phase.
Percentage of completion of a phase shall be assessed in the sole and unfettered
discretion by the Contracts Administrator designated herein by the City, or such other
person as the City Manager shall designate, but only upon such proof demanded by
the City that has been provided, but in no event shall such interim advance payment
be made unless the Contractor shall have represented in writing that said percentage
of completion of the phase has been performed by the Contractor. The practice of
making interim monthly advances shall not convert this agreement to a time and
materials basis of payment.
C. ( ) Hourly Rate Arrangement
For performance of the Defined Services by Consultant as herein required, City shall pay
Consultant for the productive hours of time spent by Consultant in the performance of said
Services, at the rates or amounts set forth in the Rate Schedule herein below according to the
following terms and conditions:
(1) ( ) Not-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Consultant of time and materials in excess of said
Maximum Compensation amount, Consultant agrees that Consultant will perform all of
the Defined Services herein required of Consultant for $
including all Materials, and other "reimbursables" ("Maximum Compensation").
(2) ( ) Limitation without Further Authorization on Time and Materials Arrangement
At such time as Consultant shall have incurred time and materials equal to $
("Authorization Limit"), Consultant shall not be entitled to any additional compensation
without further authorization issued in writing and approved by the City. Nothing herein
Page 20 of 23
3-24
shall preclude Consultant from providing additional Services at Consultant's own cost and
expense.
Cate~wnr of Employee
Rate Schedule
Name of Consultant
Hourly Rate
$
$
( ) Hourly rates may increase by 6% for services rendered after [month], 20_, if delay
in providing services is caused by City.
11. Materials Reimbursement Arrangement
--
F or the cost of out of pocket expenses incurred by Consultant in the performance of services
herein required, City shall pay Consultant at the rates or amounts set forth below:
() None, the compensation includes all costs.
Cost or
Rate
() Reports, not to exceed $
() Office & Printing, not to exceed:
() Mileage, not to exceed $
() Program Supplies/Expense, not to exceed $
() Telephone Charges, not to exceed $
() Other Actual Identifiable Direct Costs:
, not to exceed $
, not to exceed $
$
$
$
$
$
$
$
$
12. Contract Administrators:
City:
Jose Dorado, Project Coordinator II
Voice Phone: (619) 420-3620
Fax Phone: (619) 420-8722
Email: jdorado@ci.chula-vista.ca.us
Consultant:
Eddie Duarte, Project Coordinator
Voice Phone: (619) 420-3620
Fax Phone: (619) 420-8722
Email: eduarte@csbcs.org
13. Liquidated Damages Rate:
Page 21 of 23
3-25
( ) $
( ) Other:
per day.
14. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest
Code:
(X) Not Applicable. Not an FPPC Filer.
( ) FPPC Filer
( ) Category No. 1. Investments and sources ofincop1e.
( ) Category No.2. Interests in real property.
( ) Category No.3. Investments, interest in real property and sources of income subject
to the regulatory, permit or licensing authority of the department.
( ) Category No.4. Investments in business entities and sources of income that engage in
land development, construction or the acquisition or sale of real property.
( ) Category No.5; Investments in business entities and sources of income of the type
which, within the past two years, have contracted with the City of Chula Vista
(Redevelopment Agency) to provide services, supplies, materials, machinery or
equipment.
( ) Category No.6. Investments in business entities and sources of income of the type
which, within the past two years, have contracted with the designated employee's
department to provide services, supplies, materials, machinery or equipment.
( ) Category No.7. Business positions.
( ) List "Consultant Associates" interests in real property within 2 radial miles of Project
Property, if any:
15. ( )
Consultant is Real Estate Broker and/or Salesman
Page 22 of 23
3-26
16. Permitted Subconsultants:
N/A
17. Bill Processing:
A. Consultant's Billing to be submitted for the following period oftime:
(X) Monthly
( ) Quarterly
( ) Other:
B. Day of the Period for submission of Consultant's Billing:
( ) First of the Month
( ) 15th Day of each Month
(X) End of the Month
( ) Other:
C. City's Account Number:
18. Security for Performance
( ) Performance Bond, $
( ) Letter of Credit, $
( ) Other Security:
Type:
Amount: $
( ) Retention. If this space is checked, then notwithstanding other provisions to the contrary
requiring the payment of compensation to the Consultant sooner, the City shall be entitled
. to retain, at their option, either the following "Retention Percentage" or "Retention
Amount" until the City determines that the Retention Release Event, listed below, has
occurred:
( ) Retention Percentage: _
( ) Retention Amount: $
Retention Release Event:
( ) Completion of All Consultant Services
( ) Other:
Page 23 of 23
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RESOLUTION NO. 2009-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT BETWEEN SOUTH BAY
COMMUNITY SERVICES AND THE CITY OF CHULA VISTA
FOR THE PROVISION OF FAIR HOUSING AND TENANT-
LAND;LORD DISPUTE SERVICES AND AUTHORIZING THE
PURCHASING AGENT TO EXECUTE THREE ONE-YEAR
OPTIONS TO EXTEND THE AGREEMENT
WHEREAS, as a condition of receiving Federal funding from the U.S. Department of
Housing and Urban Development, the City is required to certify that it will meet the requirements
in the Fair Housing Act (42 U.S.C. SS 3601-20), as well as section 570.601(a), which sets forth
the City's responsibility to affirmatively further fair housing; and
WHEREAS, on October 1, 2008, the City of Chula Vista solicited proposals for the
provision of fair housing and tenant-landlord services for the remainder of fiscal year 2008/2009
with options to extend by mutual agreement for up to three (3) years, in one-year increments; and
WHEREAS, based on qualifications and proposals received, the City selected and desires
to enter into a two-party agreement with South Bay Community Services to administer fair
housing and tenant-landlord services ("Agreement") in an amount not to exceed $14,583, with
three (3) one-year options to extend in amounts not to exceed $35,000, $35,500, and $35,051,
respectively, for a maximum authorized amount of$120,134.
NOW, THEREFORE, BE IT RESOLVED based on the findings above, the City Council
of the City of Chula Vista does hereby authorize the City Manager to execute the agreement in
an amount not to exceed $14,583, with three (3) one-year options to extend in amounts not to
exceed $35,000, $35,500, and $35,051, respectively, for a maximum authorized amount of
$120,134.
BE IT FURTHER RESOLVED that the City Council does hereby authorize the
Purchasing Agent to execute three (3) one-year options to extend the agreement.
Presented by
Gary Halbert, P.E., AICP
Deputy City Manager /
Development Services Director
J:\AtlamcylRESOLUTIONS\AGREEMENTS\Sauth Bay Community Services for landlanl dispute services_02-03-09.doc
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