HomeMy WebLinkAbout4.17 Housing Services Consultant
CITY CLERK
File # Ola[o]IOJ-L311Ol
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: June 6, 2006
SUBJECT
Consultant Services Agreement with John B. Lucero for Contract
Housing Services 1U the Commtmity Development Department.
Report Prepared bv Gavlene Burkett, Housing Assistant
A TT ACHMENTS I) Resolution approvmg Consulting Services Agreement.
2) Consulting Services Agreement with .lohn B. Lucero
RECOMMENDA T~ON .tV' Adopt tho; Resolution appr?~mg Consulting Services A~eement
\L//~Y (Allachment I) and authonzmg the CIty Manager to Sign the
,-y Agreements on behalfofthe City
FINANCIAL STATEMENT Costs of services, as speclfied in the agreement, will be funded through
the City's Affordable Housmg Fund. Consultant services will he
hudgeted within yearly budgets as anticipated.
DESCRIPTION
During the past several years, the City Council has authorized Staff to hire outside consultants on an as-
needed basis to assist Staff with specific areas of technical expertise. More speclfically in the Housing
Division, consultant services were utilized for analYSls of prospective affordable housmg projects,
preparation of the housing survey, tenant assIstance servICes and overflow of work. Additionally, the City
has contracted with several consulting finns on a projeet-hy-project basis wlth much success. The City
now seeks to retain a housing consultant, with knowledge and expertise of housmg Issues, on an as-
needed basis.
ThiS standard contract contains provisions that the consultant will only perform work on a tmle and
material basis at the (hrectlon of the Community Development Director No work will be done without
expressed permission and all costs will he charged to the Housing budget m accordance with costs
associated with Housing programs.
COPIES TO: Consultant
File
K:\CONTRACTSlJuhn B Lucero statl" rCpOt1.doc
Page 101'2
ITEMNO.~
SUMMARY:
Again, as noted earlier, no work will be done or funds exnended unless funding IS availahle and it has
been determined that outside help is needed to meet a specific objective. This standard contract IS similar
in nature to the master contract that has heen reviewed and approved by the City Attorney
RECOMMENDATION:
Staff recommends that the City Council. 1) Adopt the Resolution approvmg the Consultmg Services
Agreement with .lohn B Lucero and authorizmg the City Manager to sign the agreement on behalf of the
City
Page 2 of2
/0+ I<f
RESOlUTION NO. XX-06
^ RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
**************************** **************
APPROVING AN AGREEMENT BETWEEN THE CITY OF DUBLIN AND JOHN B. LUCERO
AND AUTHORIZING THE cl'n MANAGER TO SIGN THE AGREEMENT
WHEREAS, the City of Dublin is experiencing significant growth in new Tnelusionary Housing
pro.lects; and
WHEREAS, the City of Dublin is developing a First Time HonJehuyers Loan Program; and
WHEREAS, the City of Dublin anticipated the Implementahon of the First Time Homebuyers
Program in thc summer of 2006, and
WHEREAS, stafThas dctermined it neecssary to hire teelmical support to provide expertise in
program development and Implementation services; and
WHEREAS, the City Council has directed staffto move projects expeditiously and hire
consultant firms when services are needed, and
WHEREAS, .lohn B Lucero has demonstrated the adequate ability to perform tcchnical
assistance on housing issues and programs; and
WHEREAS, consultant will only perform work on a time and material basis at the direction of the
Community Development Director; and
WHEREAS, all costs will be charged to the Housmg hudget, and
WHEREAS, the contract has been reviewed and approved by the City Attorney's Office.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin docs
approve the agreement with the above mentioned consultant.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the agreements.
PASSED, APPROVED AND ADOPTED this (ith day of June, 2006 by the following votes.
AYES:
NOES:
ABSENT;
ABSTAIN:
Mayor
ATTEST
City Clerk
K. \CONTRA.CTS\Rt:!ioluliOTI Cor c:t. on 6-u6-o6.um.:
tfl'7 falb lob
Attachment 1
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CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
JOHN B. LUCERO
(ON-CALL MASTER CONTRACT FOR HOUSING CONSULT ANT SERVICES)
THIS AGREEMENT for consulting services is made by and between the City of Dublin ("City") and
John B. Lucero ("Consultant") as of June 6, 2006.
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant
shall provide to City the services described in the Scope of Services attached as Exhibit A at the time and
place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms
of this Agreement and Exhibit A, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the date first noted above
and shall end one year thereafter, except that the Agreement shall be automatically
extended from year to year unless the Agreement is otherwise terminated, as provided for
in Section 8,
1.2 Standard of Performance. Consultant shall perform all services required pursuant to this
Agreement in the manner and according to the standards observed by a competent
practitioner of the profession in which Consultant is engaged in the geographical area in
which Consultant practices its profession. Consultant shall prepare all work products
required by this Agreement in a substantial, first-class manner and shall conform to the
standards of quality normally observed by a person practicing in Consultant's profession,
1.3 AssiClnment of Personnel. Consultant shall assign only competent personnel to perform
services pursuant to this Agreement. In the event that City, in its sole discretion, at any
time during the term of this Agreement, desires the reassignment of any such persons,
Consultant shall, immediately upon receiving notice from City of such desire of City,
reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary to meet the standard of performance
provided in Section 1.2 above and to satisfy Consultant's obligations hereunder
Section 2. COMPENSATION. City hereby agrees to pay Consultant the hourly sum set forth in
Exhibit B, notwithstanding any contrary indications that may be contained in Consultant's proposal, for
services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict
between this Agreement and Consultant's proposal, attached as Exhibit A, regarding the amount of
compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this
Agreement at the time and in the manner set forth herein. The payments specified below shall be the only
payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall
submit all invoices to City in the manner specified herein. Except as specifically authorized by City,
Consultant shall not bill City for duplicate services performed by more than one person.
Consulting Services Agreement between
City of Dublin and John B Lucero
June 6, 2006
Page 1 of 13
Attachment 2
30 { /'J
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this
Agreement is based upon Consultant's estimated costs of providing the services required hereunder,
including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties
further agree that compensation hereunder is intended to include the costs of contributions to any pensions
and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City
therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the
term of this Agreement, based on the cost for services performed and reimbursable costs
incurred prior to the invoice date. Invoices shall contain the following information:
I Serial identifications of progress bills; i.e., Progress Bill NO.1 for the first invoice,
etc.,
I The beginning and ending dates of the billing period;
I A Task Summary containing the original contract amount, the amount of prior
billings, the total due this period, the balance available under the Agreement, and
the percentage of completion,
I At City's option, for each work item in each task, a copy of the applicable time
entries or time sheets shall be submitted showing the name of the person doing
the work, the hours spent by each person, a brief description of the work, and
each reimbursabie expense;
I The total number of hours of work performed under the Agreement by Consultant
and each employee, agent, and subcontractor of Consultant performing services
hereunder, as well as a separate notice when the total number of hours of work by
Consultant and any individual employee, agent, or subcontractor of Consultant
reaches or exceeds 800 hours (July 1 through June 30th),
I The Consultant's signature.
2.2 Monthlv Payment. City shall make payments, based on invoices received, for services
satisfactorily performed, and for authorized reimbursable costs incurred. City shall have
30 days from the receipt of an invoice that complies with all of the requirements above to
pay Consultant.
2.3 Deleted.
2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to
this Agreement. City shall not pay any additional sum for any expense or cost whatsoever
incurred by Consultant in rendering services pursuant to this Agreement. City shall make
no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum
amount of compensation provided above either for a task or for the entire Agreement,
unless the Agreement is modified prior to the submission of such an invoice by a properly
executed change order or amendment.
Consulting Services Agreement between
City of Dublin and John B Lucero
June 6. 2006
Page 2 of 13
ljo{11
2.5 Hourlv Fees. Fees for work performed by Consultant on an hourly basis shall not exceed
the amounts shown on the following fee schedule:
2.6 Reimbursable Expenses. Reimbursable expenses shall be included in the hourly rate
and not paid separately
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes
incurred under this Agreement and any similar federal or state taxes.
2.8 Payment Unon Termination. In the event that the City or Consultant terminates this
Agreement pursuant to Section 8, the City shall compensate the Consultant for all
outstanding costs and reimbursable expenses incurred for work satisfactorily completed as
of the date of written notice of termination. Consultant shall maintain adequate logs and
timesheets in order to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Consultant is not authorized to perfonn any
services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole
cost and expense, provide all facilities and equipment that may be necessary to perform the services
required by this Agreement. City shall make available to Consultant only the facilities and equipment listed
in this section, and only under the terms and conditions set forth herein.
City may furnish physical facilities such as desks, telephone service, filing cabinets, and conference space,
as may be reasonably necessary for Consultant's use while consulting with City employees and reviewing
records and the information in possession of the City The location, quantity, and time of furnishing those
facilities shall be in the sole discretion of City
Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement,
Consultant, at its own cost and expense, shall procure "occurrence coverage" insurance against claims for
injuries to persons or damages to property that may arise from or in connection with the perfonnance of the
work hereunder by the Consultant and its agents, representatives, employees, and subcontractors.
Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this
section and under forms of insurance satisfactory in all respects to the City Consultant shall maintain the
insurance policies required by this section throughout the tenn of this Agreement. The cost of such
insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to
commence work on any subcontract until Consultant has obtained all insurance required herein for the
subcontractor(s) and provided evidence thereof to City Verification of the required insurance shall be
submitted and made part of this Agreement prior to execution.
4.1 Workers' Compensation. Consultant shall, at its sole cost and expense, maintain
Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any
and all persons employed directly or indirectly by Consultant. The Statutory Workers'
Consulting Services Agreement between
City of Dublin and John B. Lucero
June 6, 2006
Page 3 of 13
fr}{1 f /1
Compensation Insurance and Employer's Liability Insurance shall be provided with limits of
not less than ONE MILLION DOLLARS ($1,000,000.00) per accident. In the alternative,
Consultant may rely on a self-insurance program to meet those requirements, but only if
the program of self-insurance complies fully with the provisions of the California Labor
Code Determination of whether a self-insurance program meets the standards of the
Labor Code shall be solely in the discretion of the Contract Administrator The insurer, if
insurance is provided, or the Consultant, if a program of self-insurance is provided, shall
waive all rights of subrogation against the City and its officers, officials, employees, and
volunteers for loss arising from work performed under this Agreement.
An endorsement shall state that coverage shall not be suspended, voided, canceled by
either party, reduced in coverage or in limits, except after thirty (30) days' prior written
notice by certified mail, return receipt requested, has been given to the City
4.2 CQmmQl'Cial GQRQral and AutomobilG Liabilitv InsuraneG.
4.2.1 General reaulrements. Consultant, at its own cost and expense, shall maintain
commeFCi~1 general ~nd automobile liability insurance for the term of this
Agreement in an amount not less than FIVE HUNDRED THOUSAND DOLLARS
$500,000.00) per occurrence, combined single limit coverage for risks associated
with the work contemplated by this Agreement. If a Commer-cial GeneFal Liability
IRs~FaRCO or OR Automobile Liability form or other form with a general aggregate
limit is used, either the general aggregate limit shall apply separately to the work to
be performed under this Agreement or the generai aggregate limit shall be at least
twice the required occurrence limit. Such coverage shall include but shall not be
limited to, proteclion against claims arising from bodily and personal injury,
including death resulting therefrom, and damage to property resulting from
activities contemplated under this Agreement, including the use of owned and non-
owned automobiles.
4.2.2 Minimum SCOpG of eoveraQe. Commercial general ee'/crage sRall be at least as
bFOad as Insflrance Services Office Commercial General Lia~ilit\' eGG~rroRGO form
CG 0001 (ed. 11/88) or InSflrance Services Office form nflmger GL OOOZ (od. 1m)
covering compr-eheRsive General Liability and Insflrance Services Office form
nymber GL 0401 coverintl IlFOad Form Comprehensive Ceneral b.ia~ilily,
Automobile coverage shall be at least as broad as Insurance Services Office
Automobile Liability form CA 0001 (ed. 12/90) Code 1 ("any auto"). No
endorsement shall be attached limiting the coverage.
4.2.3 Additional reQuirements. Each of the following shall be included in the
insurance coverage or added as an endorsement to the policy'
a. City and its officers, employees, agents, and volunteers shall be covered
as insureds with respect to each of the following: liability arising out of
activities performed by or on behalf of Consultant, including the insured's
Consulting Services Agreement between
City of Dublin and John B Lucero
June 6, 2006
Page 4 of 13
0(,( f '1
general supervision of Consultant; products and completed operations of
Consultant; premises owned, occupied, or used by Consultant; and
automobiles owned, leased, or used by the Consultant. The coverage
shall contain no special limitations on the scope of protection afforded to
City or its officers, employees, agents, or volunteers.
b The insurance shall cover on an occurrence or an accident basis, and not
on a claims-made basis.
c, An endorsement must state that coverage is primary insurance with
respect to the City and its officers, officials, employees and volunteers,
and that no insurance or self-insurance maintained by the City shall be
called upon to contribute to a loss under the coverage.
d. Any failure of CONSULTANT to comply with reporting provisions of the
policy shall not affect coverage provided to CITY and its officers,
employees, agents, and volunteers.
e. An endorsement shall state that coverage shall not be suspended, voided,
canceled by either party, reduced in coverage or in limits, except after
thirty (30) days' prior written notice by certified mail, return receipt
requested, has been given to the City
4.3 Professional Liability Insurance. Consultant, at its own cost and expense, shall
maintain for the period covered by this Agreement professional liability insurance for
licensed professionals performing work pursuant to this Agreement in an amount not less
than ONE MilliON DOLLARS ($1,000,000) covering the licensed professionals' errors
and omissions.
4.3.1 Any deductible or self-insured retention shall not exceed $150,000 per claim.
4.3.2 An endorsement shall state that coverage shall not be suspended, voided,
canceled by either party, reduced in coverage or in limits, except after thirty (30)
days' prior written notice by certified mail, return receipt requested, has been given
to the City
4.3.3 The policy must contain a cross liability or severability of interest clause.
4.3.4 The following provisions shall apply if the professional liability coverages are
written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the
date of the Agreement.
Consulting Services Agreement between
City of Dublin and John B. lucero
June 6, 2006
Page 5 of 13
Jof/e;
b. Insurance must be maintained and evidence of insurance must be
provided for at least five years after completion of the Agreement or the
work, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another
c1aims.made policy form with a retroactive date that precedes the date of
this Agreement, Consultant must provide extended reporting coverage for
a minimum of five years after completion of the Agreement or the work.
The City shall have the right to exercise, at the Consultant's sole cost and
expense, any extended reporting provisions of the policy, if the Consultant
cancels or does not renew the coverage.
d, A copy of the claim reporting requirements must be submitted to the City
prior to the commencement of any work under this Agreement.
4.4 All Policies ReQuirements.
4.4.1 Acceptability of Insurers. All insurance required by this section is to be placed
with insurers with a Bests' rating of no less than A:VII.
4.4.2 Verification of coveraae. Prior to beginning any work under this Agreement,
Consultant shall furnish City with certificates of insurance and with original
endorsements effecting coverage required herein, The certificates and
endorsements for each insurance policy are to be signed by a person authorized
by that insurer to bind coverage on its behalf. The City reserves the right to
require complete, certified copies of all required insurance policies, at any time.
4.4.3 Subcontractors. Consultant shall include all subcontractors as insureds under its
policies or shall furnish separate certificates and endorsements for each
subcontractor All coverages for subcontractors shall be subject to all of the
requirements stated herein.
4.4.4 Variation. The City may approve a variation in the foregoing insurance
requirements, upon a determination that the coverages, scope, limits, and forms of
such insurance are either not commercially available, or that the City's interests
are otherwise fully protected.
4.4.5 Deductlbles and Self-Insured Retentions. Consultant shall disclose to and
obtain the approval of City for the self-insured retentions and deductibles before
beginning any of the services or work called for by any term of this Agreement.
During the period covered by this Agreement, only upon the prior express written
authorization of Contract Administrator, Consultant may increase such deductibles
or self-insured retentions with respect to City, its officers, employees, agents, and
volunteers. The Contract Administrator may condition approval of an increase in
Consulting Services Agreement between
City of Dublin and John B Lucero
June 6, 2006
Page 6 of 13
10{) q
deductible or self-insured retention levels with a requirement that Consultant
procure a bond, guaranteeing payment of losses and related investigations, claim
administration, and defense expenses that is satisfactory in all respects to each of
them.
4.4.6 Notice of Reduction in Covera~e. In the event that any coverage required by
this section is reduced, limited, or materially affected in any other manner,
Consultant shall provide written notice to City at Consultant's earliest possible
opportunity and in no case later than five days after Consultant is notified of the
change in coverage.
4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide
or maintain any insurance policies or policy endorsements to the extent and within the time
herein required, City may, at its sole option exercise any of the following remedies, which
are alternatives to other remedies City rnay have and are not the exclusive remedy for
Consultant's breach,
. Obtain such insurance and deduct and retain the amount of the premiums for such
insurance from any sums due under the Agreement;
. Order Consultant to stop work under this Agreement or withhold any payment that
becomes due to Consultant hereunder, or both stop work and withhold any payment,
until Consultant demonstrates compliance with the requirements hereof; and/or
. Terminate this Agreement
Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. Consultant shall
indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers,
employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions,
damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to
property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole
or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees,
subcontractors, or agents, by acts for which they could be held strictiy liable, or by the quality or character
of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage
to property, or violation of law arises wholly from the negligence or willful misconduct of the City or its
officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees,
subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or
violation of law It is understood that the duty of Consultant to indemnify and hold harmless includes the
duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance
certificates and endorsements required under this Agreement does not relieve Consultant from liability
under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall
apply to any damages or claims for damages whether or not such insurance policies shall have been
determined to apply By execution of this Agreement, Consultant acknowledges and agrees to the
provisions of this Section and that it is a material element of consideration.
Consulting Services Agreement between
City of Dublin and John B Lucero
June 6, 2006
Page 7 of 13
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In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services
under this Agreement is determined by a court of competent jurisdiction or the California Public Employees
Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall
indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions
for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the
payment of any penalties and interest on such contributions, which would othelWise be the responsibility of
City
Section 6.
6.1
6.2
6.3
Section 7.
71
7.2
7.3
74
STATUS OF CONSULTANT.
Independent Contractor. At all times during the term of this Agreement, Consultant shall
be an independent contractor and shall not be an employee of City City shall have the
right to control Consultant only insofar as the results of Consultant's services rendered
pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3;
however, othelWise City shall not have the right to control the means by which Consultant
accomplishes services rendered pursuant to this Agreement.
Waiver of Employee Benefits. Notwithstanding any other City, state, or federal policy,
rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees,
agents, and subcontractors providing services under this Agreement shall not qualify for or
become entitled to, and hereby agree to waive any and all claims to, any compensation,
benefit, or any incident of employment by City, including but not limited to eligibility to
enroll in the California Public Employees Retirement System (PERS) as an employee of
City and entitlement to any contribution to be paid by City for employer contributions and/or
employee contributions for PERS benefits,
Consultant No AQent. Except as City may specify in writing, Consultant shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Consultant shall have no authority, express or implied, pursuant to this Agreement
to bind City to any obligation whatsoever
LEGAL REQUIREMENTS.
GoverninQ Law. The laws of the State of California shall govern this Agreement.
Compliance with Applicable Laws. Consultant and any subcontractors shall comply with
all laws applicable to the performance of the work hereunder
Other Governmental Reaulations. To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Consultant and any subcontractors
shall comply with all applicable rules and regulations to which City is bound by the terms of
such fiscal assistance program,
Licenses and Permits. Consultant represents and warrants to City that Consultant and
its employees, agents, and any subcontractors have all licenses, permits, qualifications,
Consulting Services Agreement between
City of Dublin and John B. Lucero
June 6, 2006
Page 8 of 13
tDolto,
and approvals of whatsoever nature that are legally required to practice their respective
professions. Consultant represents and warrants to City that Consultant and its
employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect
at all times during the term of this Agreement any licenses, permits, and approvals that are
legally required to practice their respective professions, In addition to the foregoing,
Consultant and any subcontractors shall obtain and maintain during the term of this
Agreement valid Business Licenses from City
7.5 Nondiscrimination and EQual Opportunity. Consultant shall not discriminate, on the
basis of a person's race, religion, color, national origin, age, physical or mental handicap or
disability, medical condition, marital status, sex, or sexual orientation, against any
employee, applicant for employment, subcontractor, bidder for a subcontract, or participant
in, recipient of, or applicant for any services or programs provided by Consultant under this
Agreement Consultant shall comply with all applicable federal, state, and local laws,
policies, rules, and requirements related to equal opportunity and nondiscrimination in
employment. contracting, and the provision of any services that are the subject of this
Agreement, including but not limited to the satisfaction of any positive obligations required
of Consultant thereby
Consultant shall include the provisions of this Subsection in any subcontract approved by
the Contract Administrator or this Agreement.
Section 8.
TERMINATION AND MODIFICATION.
8.1
Termination. City may cancei this Agreement at any time and without cause upon written
notification to Consultant.
Consultant may cancel this Agreement upon thirty (30) days' written notice to City and
shall include in such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for services
performed to the effective date of termination; City, however, may condition payment of
such compensation upon Consultant delivering to City any or all documents. photographs,
computer software, video and audio tapes, and other materials provided to Consultant or
prepared by or for Consultant or the City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this
Agreement beyond that provided for in Subsection 1 1 Any such extension shall require a
written amendment to this Agreement, as provided for herein. Consultant understands and
agrees that, if City grants such an extension, City shall have no obligation to provide
Consultant with compensation beyond the maximum amount provided for in this
Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no
obligation to reimburse Consultant for any otherwise reimbursable expenses incurred
during the extension period,
Consulting Services Agreement between
City of Dublin and John B Lucero
June 6, 2006
Page 9 of 13
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8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the
parties.
8.4 AssiQnment and SubeontraetinQ. City and Consultant recognize and agree that this
Agreement contemplates personal performance by Consultant and is based upon a
determination of Consultant's unique personal competence, experience, and specialized
personal knowledge. Moreover, a substantial inducement to City for entering into this
Agreement was and is the professional reputation and competence of Consultant.
Consultant may not assign this Agreement or any interest therein without the prior written
approval of the Contract Administrator Consultant shall not subcontract any portion of the
performance contemplated and provided for herein, other than to the subcontractors noted
in the proposal, without prior written approval of the Contract Administrator
8.5 Survival. All obligations arising prior to the termination of this Agreement and all
provisions of this Agreement allocating liability between City and Consultant shall survive
the termination of this Agreement.
8.6 Options Unon Breach by Consultant. If Consultant materially breaches any of the terms
of this Agreement, City's remedies shall included, but not be limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any
other work product prepared by Consultant pursuant to this Agreement;
8.6.3 Retain a different consultant to complete the work described in Exhibit A not
finished by Consultant; or
8.6.4 Charge Consultant the difference between the cost to complete the work
described in Exhibit A that is unfinished at the time of breach and the amount that
City would have paid Consultant pursuant to Section 2 if Consultant had
completed the work.
Section 9.
KEEPING AND STATUS OF RECORDS.
9.1
Records Created as Part of Consultant's Performance. All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications,
records, files, or any other documents or materials, in electronic or any other form, that
Consultant prepares or obtains pursuant to this Agreement and that relate to the matters
covered hereunder shall be the property of the City Consultant hereby agrees to deliver
those documents to the City upon termination of the Agreement. It is understood and
agreed that the documents and other materials, including but not limited to those described
above, prepared pursuant to this Agreement are prepared specifically for the City and are
not necessarily suitable for any future or other use City and Consultant agree that, until
final approval by City, all data, plans, specifications, reports and other documents are
Consulting Services Agreement between
City of Dublin and John B. Lucero
June 6, 2006
Page 10 of 13
I) ofl'1
confidential and will not be released to third parties without prior written consent of both
parties.
9.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers, books
of account, invoices, vouchers, canceled checks, and other records or documents
evidencing or relating to charges for services or expenditures and disbursements charged
to the City under this Agreement for a minimum of three (3) years, or for any longer period
required by law, from the date of final payment to the Consultant to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this
Agreement requires Consultant to maintain shall be made available for inspection, audit,
and/or copying at any time during regular business hours, upon oral or written request of
the City Under California Government Code Section 8546.7, if the amount of public funds
expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000,00), the
Agreement shall be subject to the examination and audit of the State Auditor, at the
request of City or as part of any audit of the City. for a period of three (3) years after final
payment under the Agreement.
Section 10 MISCELLANEOUS PROVISIONS.
10.1 Attornevs' Fees. If a party to this Agreement brings any action, including an action for
declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing
party shall be entitled to reasonable attorneys' fees in addition to any other relief to which
that party may be entitled. The court may set such fees in the same action or in a
separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this
Agreement. the parties agree that trial of such action shall be vested exclusively in the
state courts of California in the County of Alameda or in the United States District Court for
the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this
Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so
adjudged shall remain in full force and effect. The invalidity in whole or in part of any
provision of this Agreement shall not void or affect the validity of any other provision of this
Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this
Agreement does not constitute a waiver of any other breach of that term or any other term
of this Agreement.
10.5 Successors and Assians. The provisions of this Agreement shall inure to the benefit of
and shall appiy to and bind the successors and assigns of the parties.
Consulting Services Agreement between
City of Dublin and John B. Lucero
June 6. 2006
Page 11 of 13
J30flQ
10.6 Use of Recvcled Products. Consultant shall prepare and submit all reports, written
studies and other printed material on recycled paper to the extent it is available at equal or
less cost than virgin paper
10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within
the corporate limits of City or whose business, regardless of location, would place
Consultant in a "conflict of interest," as that term is defined in the Political Reform Act,
codified at California Govemment Code Section 81000 et seq.
Consultant shall not employ any City official in the work performed pursuant to this
Agreement. No officer or employee of City shall have any financial interest in this
Agreement that would violate California Government Code Sections 1090 el seq.
Consultant hereby warrants that it is not now, nor has it been in the previous tweive (12)
months, an employee, agent, appointee, or official of the City If Consultant was an
employee, agent, appointee. or official of the City in the previous twelve months,
Consultant warrants that it did not participate in any manner in the forming of this
Agreement. Consultant understands that, if this Agreement is made in violation of
Government Code ~1090 et.seq., the entire Agreement is void and Consultant will not be
entitled to any compensation for services performed pursuant to this Agreement, including
reimbursement of expenses, and Consultanl will be required to reimburse the City for any
sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it
may be subject to criminal prosecution for a violation of Govemment Code ~ 1090 and, if
applicable, will be disqualified from holding public office in the State of California.
10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or
interview related to this Agreement, either orally or through any written materials,
10.9 Contract Administration. This Agreement shall be administered by the Community
Development Director ("Contract Administrator"). All correspondence shall be directed to
or through the Contract Administrator or his or her designee
10.10 Notices. Any written notice to Consultant shall be sent to:
John B, Lucero
264 Whitney
San Francisco. CA 94131
Any written notice to City shall be sent to.
Citv of Dublin
Community Development Director
100 Civic Plaza
Dublin, CA 94568
Consulting Services Agreement between
City of Dublin and John B. Lucero
June 6, 2006
Page 12 of 13
fIf()u9
10.12 Intearation. This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibit A, represents the entire and integrated agreement between
City and Consultant and supersedes all prior negotiations, representations, or agreements,
either written or oral.
For CITY OF DUBLIN
A Municipal Corporation
CONSULTANT
City
~ ~L~-.AI(/"Q~
(/' JOhn~. Lucero )
.......--
Attest:
Fawn Holman, City Clerk
Approved as to Form:
Elizabeth H. Silver, City Attorney
K:\CONTRACTSIJohn Lucero Contract,doc
Consulting Services Agreement between
City of Dublin and John B. Lucero
June 6, 2006
Page 13 of 13
/5f)ffq
EXHIBIT A
SCOPE OF SERVICES
To provide technical assistance for housing projects as assigned including, but not limited to:
o Assist with the development and implementation of the City's First Time Homebuyer Loan Program
o Provide support in the implementation of the City's Inclusionary Zoning Ordinance
o Attend City Council, Planning Commission, Dublin Housing Authority and/or Housing Committee
meetings or other meetings as necessary at the request and direction of the Community
Development Director
o Assist with the day-to-day operation of the Housing Division as assigned by the Community
Development Director
All services shall be performed at the direction of the Community Development Director on an as,needed
basis.
Hourly rates shall be those set forth in Exhibit B (Payment Schedule)
Consulting Services Agreement between
City of Dublin and John B. Lucero - Exhibit A
June 6, 2006
Page 1 of 1
EXHIBIT B
COMPENSATION SCHEDULE
City hereby agrees to pay Consultant a sum not to exceed $100 00 per hour, including all costs and
expenses incurred by the Consultant.
Consultant shall not bill for any reimbursable items,
Consultant hours will be set at the discretion of the Community Development Director
Consulting Services Agreement between
City of Dublin and John B. Lucero - Exhibit B
June 6, 2006
Page 1 of 1
1& cli1
,70[,Q
JOHN B.LUCERO
18 Belvedere Stieet, San Francisco, CA 94117
Cellular Phone 415-309-5730 Email: ]ohLucero@aol.com
O~JEC_TIV~____
EXPERIENCE
Utilize my community development skills to achie",e social and economic
advancement for communities.
Tri-Valley Housing Opportunity Center 2005 - Present
Consultallt/l"t.ri", EX'ellli.. Director
. Designed and implemented the Center's housing opportunity plan that
advances affordable housing and expands innovative financial product$_
Promoted training and education as strategies to increase financial
literacy and build equity through homeownership to the Low-Moderate
homebuvers.
. Designed and continually monitored the Center's Homebuyer education
curriculum and housing counseling program.
. Expanded client referral svstems to enhance product and service capacity
and create financial sustainability for Tn-Valley Housing Opportunity
Center
. Forged el"Cative partnership' with federal, state, county, and local
governmentl< to develop affordable housing opportunities In the five
cites and two counties of the Tri-VaIley Region.
. Retained, developed, and manage.d a talented staff. Designed an
effective internal office system, and up-to-date technology.
. Maintained a strong, financially stable organization thruugh resoutee
dc'Velopmenl, maximum revenue diversification, sound aSSe! and risk
management, and effective investment and leveraging federal, state, local
and private resources_
Fannie Mae 2003 " 2U05
Bay Area Partncnlhip Office
Senior Deputy Director
. Coordinating and implemented Fannie Mae's public ,wareness
campaign' in collaboration with Congressional, Legislative, and Mayoral
officials to support affordable housing.
. Developed and maintained relationships with el\ecutiv.. and senior
management of affordable housing partners, advising them on strategic
decisions.
. Conducted analy.;s and interpretation of .urvey and business dat. to
determine new bu.ine.s and partnership opportunities.
Exhibit C
/1, oil q
. Evaluated and recruited parmers in government and community ba.ed
organizations partners and matched them with lenders to provide
mortgagc solutions,
. Providcd ""pertise on deal strUcturing and underwriting with internal
staff and external lender partrl""S regatding experimental mortgage
produc,".
San Francisco Redevelopment Agency
Jp<cial. L,sistant to the Exemt;/Ji! Director
. "..isted Planning department team in the development of the Mid"
Market Project Area Redevelopment plan.
. Conducted community outreach to address affordahle
commercial real e.tate necds (hrough studies, research
community outreach serninat's.
. Convened and mediated planning session. with City Department to
create the Coordination of Health and Human Services Report for
redevelopment project areas.
2001.2002
housing and
analysis, and
Fi....t National Bank of Santa Fe
f. Tiet President of Community Development
. Implemented and managed community rcinve.tment programs in
leading, services, and investments.
. Identified and evaluated all community developmenr activities to ensure
compliance with federal regulations.
. Administered the Conununity Connection Banking Fund a social
responsible banking program.
. Assisted bank'. compliance team in delivering training on Community
Reinve.tment and Compliance regulations.
1999"2002
Notwest Mortgage 1997-1999
New Mex;,.o and Arizona
Community Development Officer
. Worked on Nativc American Tribal Trust Lands to providing ""petti,c
in marketing and implementing of HUD'. Section 184 Loan Program,
. Implemented the following .ffordable lending programs: New Mexico
Mortgage Finance Authority l.ending Program, the City of Santa Fe,
Bernalillo, and Sandoval County Bond programs.
. Worked with thc Norwest Community Development division and
commUllity~ha.ed organization to integrate local down payment
assistance p:t:'ogr.am into Notwcsfs lending program
2
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Bank of America 1991-1997
Nelli Me.>;ico
Assist.nt Vice President
. Implem.m.d Bonk of America's Neighborhood Advanmge loan
prop;rams to meet the needs of low to moderate income individu:ils.
. Recctved recognition from Bank of America for Communirv
D~'Vdopment: "Outstanding T-J!ndi~g in Small BUsine.r.r 4dminisltalion LJanl'
and "Ot/1S1andin,g Commt/nity DeveloPment P"!ietf'
. Development and administration of a 1.5 million-dollar affo<dable
housing project in New Mexico.
EDUCATION
2002 Baruch College
. Master of Public Administtation
. Recipient of National Urban Fellows Scholar,hip
1983 College of Santa Fe
. nachelm of Business Administration
Nc-wYork,N\
Santa Fe, NM
BOARD AFFILIATIONS
. San Francisco M,avorls c.:itizents Committee on Community
Development
. Aid. Housing Alliance San Franci.co - Board of Directo<
. Monterey County Housing Allian<e - Advisory Board
. National A,"odation of Hispanic Real E.tate Professionals - S.n
hand.eo Advisory Board
. En(erpme Foundation - New Mexico Adviso<y Board
. City Of Sanm Fe Community Development Advi,ory Board
. New Mexico Native American Housing Coalition.
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