Diana Cho and Associates (2010) FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN DIANA CHO AND ASSOCIATES AND THE CITY OF RANCHO PALOS
VERDES
THIS FIRST AMENDMENT ("First Amendment") to the PROFESSIONAL
SERVICES AGREEMENT ("Agreement") between the CITY OF RANCHO PALOS
VERDES ("CITY") and DIANA CHO AND ASSOCIATES ("CONSULTANT") is made
and entered into this 4th day of November 2010.
WHEREAS, CITY and CONSULTANT previously entered into the Agreement on
June 1, 2010, whereby CONSULTANT provides professional services to administer the
Community Development Block Grant program; and
WHEREAS, CITY and CONSULTANT wish to amend the Agreement to add the
provisions and requirements of the Los Angeles County Defaulted Property Tax
Reduction Program.
NOW, THEREFORE, for good and valuable consideration, the parties wish to
amend and modify the terms of the Agreement to add the following language:
1. Section 6.19 is hereby added to the Agreement to read as follows:
CONTRACTOR'S WARRANTY OF COMPLIANCE WITH COUNTY'S
DEFAULTED PROPERTY TAX REDUCTION PROGRAM. The
Contractor acknowledges that the County has established a goal of
ensuring that all individuals and businesses that benefit financially from
the County through contract are current in paying their personal and real
property tax obligations (secured and unsecured roll) in order to mitigate
the economic burden otherwise imposed upon the County and its
taxpayers. Unless the Contractor qualifies for an exemption or exclusion,
the Contractor warrants and certifies that to the best of its knowledge it is
now in compliance, and during the term of this Contract will maintain
compliance, with the County's Defaulted Tax Program, found at Los
Angeles County Ordinance No. 2009-0026 and codified at Los Angeles
County Code, Chapter 2.206.
Failure of the Contractor to maintain compliance with the requirements set
forth in the "COUNTY'S DEFAULTED PROPERTY TAX REDUCTION
PROGRAM" shall constitute default under this Contract. Without limiting
the rights and remedies available to the City under any other provision of
this Contract, failure of the Contractor to cure such default within 10 days
of notice shall be grounds upon which the City may suspend or terminate
this contract pursuant to the County's Defaulted Property Tax Reduction
Program found at Los Angeles County Ordinance No. 2009-0026 and
codified at Los Angeles County Code, Chapter 2.206.
As modified by this amendment, the Agreement remains in full force and effect and
remains fully binding upon the parties.
IT IS SO AGREED.
Dated: , 2010 DIANA C H O AND ASSOCIATES
("CONSULTANT")
Signature: .CotO
Printed Name: )I'av's? Y. Clio
Title: Trincipa-t
Dated: , 2010 CITY OF RANCHO PALOS VERDES
("CITY") ip
10-
By:
Mayor
ATTEST:
By:
Osearcsciaileoceekg--.
Clerk
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT ("Agreement") is made and entered into this 1st day of June,
2010, by and between the CITY OF RANCHO PALOS VERDES ("CITY"), and DIANA CHO
AND ASSOCIATES ("CONSULTANT").
IN CONSIDERATION of the covenants hereinafter set forth, the parties agree as
follows:
ARTICLE 1
SCOPE OF SERVICES
1.1 Project Description
The Project is described as follows:
The CITY participates in the Community Development Block Grant (CDBG)
Program and receives annual funding from the U.S. Department of Housing and Urban
Development through the Los Angeles County Community Development Commission.
CONSULTANT will provide professional services necessary to administer the CITY'S
CDBG Program, including but not limited to the tasks included in CONSULTANT's
Proposal dated March 31, 2010, which is attached hereto as Exhibit"A" and incorporated
herein by this reference.
1.2 Description of Services
(a) CONSULTANT shall perform the services described in Exhibit"A"to
provide administrative and implementation services for the CDBG Program.
(b) CONSULTANT shall obtain a City Business License and shall keep
that license in effect at all times while performing services pursuant to this Agreement.
1.3 Term of Agreement
This Agreement shall commence on July 1, 2010 and shall expire on June
30, 2011, unless terminated earlier pursuant to Section 4.1 of this Agreement. Additionally,
there shall be two one-year options to renew the Agreement in FY 2011-2012 and FY
2012-2013 with the mutual written consent of both parties.
ARTICLE 2
COMPENSATION
2.1 Fee
(a) CITY agrees to compensate CONSULTANT in a not-to-exceed
amount of eighteen thousand five hundred dollars ($18,500) in Community Development
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Block Grant ("CDBG") funds, which come from the United States Department of Housing
and Urban Development ("HUD"), for professional services as indicated and further
described in Exhibit "A."
(b) CITY's Director of Public Works may request in writing additional
specified work not covered by the Scope of Services set forth in Article 1 of this Agreement
("Additional Services"). Prior to beginning work on any Additional Services, CONSULTANT
and CITY will agree and document the scope of work to be performed and compensation
rate through a written amendment to the Agreement, which in any case shall not exceed
ten percent (10%) of the total amount as stated in Section 2.1(a) of this Agreement.
2.2 Payment Address
All payments due CONSULTANT shall be paid to:
Diana Cho and Associates
16716 East Rocky Knoll Road
Hacienda Heights, California 91745
2.3 Terms of Compensation
(a) CONSULTANT will submit monthly invoices for the services provided
and completed in the previous month. CITY agrees to pay all undisputed invoice amounts
within thirty (30) days of receipt of the invoice. CITY agrees to use its best efforts to notify
CONSULTANT of any disputed invoice amounts or claimed completion percentages within
ten (10) days of the receipt of each invoice. However, CITY's failure to timely notify
CONSULTANT of a disputed amount or claimed completion percentage shall not be
deemed a waiver of CITY's right to challenge such amount or percentage.
(b) Additionally, if the CITY fails to pay any undisputed amounts due
CONSULTANT within forty-five (45) days after invoices are received, then CITY agrees
CONSULTANT shall have the right to consider said default a total breach of this
Agreement, and this Agreement may be terminated by CONSULTANT upon ten (10)
working days' advance written notice.
ARTICLE 3
INDEMNIFICATION AND INSURANCE
3.1 Indemnification
CONSULTANT will defend, indemnify and hold harmless CITY and its
officials, officers, employees, agents and volunteers free and harmless from all tort
liability, including liability for claims, suits, actions, expenses or costs of any kind,
whether actual, alleged or threatened, actual attorneys' fees, experts' fees, or court
costs incurred by the CITY, to the extent arising out of or in any way connected with, in
whole or in part, the negligent or other wrongful acts, omissions or willful misconduct of
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CONSULTANT or any of CONSULTANT's officers, agents, employees or contractors in
the performance of this Agreement. This includes but is not limited to claims, suits and
liabilities for bodily injury, death or property damage to any individual or entity, including
officers, agents, employees or contractors of the CONSULTANT. The provisions of this
paragraph shall not apply to claims to the extent arising out of the sole negligence,
active negligence, or willful misconduct of the CITY and its officials, officers,
employees, agents and volunteers.
In addition to the foregoing, CONSULTANT shall indemnify, defend and hold
free and harmless the CITY and the CITY's officials, officers, employees, agents and
volunteers from and against any and all losses, liabilities, damages, costs and expenses,
including reasonable attorneys' fees, experts' fees, and costs to the extent the same are
caused by negligence or willful misconduct of the CONSULTANT, or any of the
CONSULTANT's officials, officers, agents, employees or volunteers, in the performance of
professional services pursuant to this Agreement.
3.2 General Liability
CONSULTANT shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect, a policy or policies of Comprehensive
General Liability Insurance, with minimum limits of one million dollars ($1,000,000) for
each occurrence and in the aggregate, combined single limit, against any personal
injury, death, loss or damage resulting from the CONSULTANT's wrongful or negligent
acts. Said policy or policies shall be issued by an insurer admitted to do business in the
State of California and rated in A.M. Best's Insurance Guide with a rating of A:VII or
better.
3.3 Automobile Liability
CONSULTANT shall at all times during the term of this Agreement obtain,
maintain, and keep in full force and effect, a policy or policies of Automobile Liability
Insurance as required by law in the State of California.
3.4 Professional Liability
CONSULTANT shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect a policy or policies of professional liability
insurance with a minimum limit of one million dollars ($1,000,000). Said policy or policies
shall be issued by an insurer admitted to do business in the State of California and rated in
A.M. Best's Insurance Guide with a rating of A:VII or better.
3.5 Workers' Compensation
CONSULTANT agrees to maintain in force at all times during the
performance of work under this Agreement workers' compensation insurance as required
by the law. CONSULTANT shall require any subcontractors similarly to provide such
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compensation insurance for their respective employees.
3.6 Notice of Cancellation
(a) All insurance policies shall provide that the insurance coverage shall
not be canceled by the insurance carrier without thirty(30)days prior written notice to CITY
or ten (10) days notice if cancellation is due to nonpayment of premium. CONSULTANT
agrees that it will not cancel or reduce said insurance coverage.
(b) CONSULTANT agrees that if it does not keep the aforesaid insurance
in full force and effect, CITY may either immediately terminate this Agreement or, if
insurance is available at a reasonable cost, CITY may obtain the necessary insurance and
pay, at CONSULTANT's expense, the premium thereon.
3.7 Certificate of Insurance
At all times during the term of this Agreement, CONSULTANT shall maintain
on file with the City Clerk certificates of insurance showing that the aforesaid policies are in
effect in the required amounts. The comprehensive general liability and professional liability
policy or policies shall contain endorsements naming the CITY, its officers, agents and
employees, as additional insureds.
3.8 Primary Coverage
The insurance provided by CONSULTANT shall be primary to any coverage
available to CITY. The insurance policies (other than workers' compensation and
professional liability) shall include provisions for waiver of subrogation.
ARTICLE 4
TERMINATION
4.1 Termination of Agreement
(a) This Agreement may be terminated at any time,with or without cause,
by either party upon thirty (30) days' prior written notice. Notice shall be served in
accordance with Section 6.18 of this Agreement.
(b) Upon termination of this Agreement by CONSULTANT or CITY due to
no fault or failure of performance by CONSULTANT, CONSULTANT shall be paid
compensation for all services performed in an amount to be determined as follows: for
work done in accordance with all of the terms and provisions of this Agreement,
CONSULTANT shall be paid an amount equal to the percentage of services performed
prior to the effective date of termination in accordance with the work items; provided, in no
event shall the amount of money paid under the foregoing provisions of this paragraph
exceed the amount which would have been paid to CONSULTANT as stated in Article 2 of
this Agreement for the full performance of the services described in Article 1.
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ARTICLE 5
DOCUMENTS
5.1 Ownership of Documents and Work Product
(a) All documents, plans, specifications, reports, photographs, images,
video files and media created or developed by CONSULTANT pursuant to this Agreement
("Written Products") shall be and remain the property of the CITY without restriction or
limitation upon its use, duplication or dissemination by the CITY.All Written Products shall
be considered "works made for hire," and all Written Products and any and all intellectual
property rights arising from their creation, including, but not limited to, all copyrights and
other proprietary rights, shall be and remain the property of the CITY without restriction or
limitation upon their use, duplication or dissemination by the CITY. CONSULTANT shall
not obtain or attempt to obtain copyright protection as to any Written Products.
(b) CONSULTANT hereby assigns to the CITY all ownership and any and
all intellectual property rights to the Written Products that are not otherwise vested in the
CITY pursuant to the paragraph directly above this one.
(c) CONSULTANT warrants and represents that it has secured all
necessary licenses, consents or approvals to use any instrumentality, thing or component
as to which any intellectual property right exists, including computer software, used in the
rendering of the services and the production of all Written Products produced under this
Agreement, and that the CITY has full legal title to and the right to reproduce the Written
Products. CONSULTANT shall defend, indemnify and hold the CITY and its elected
officials, officers, employees, servants, attorneys, designated volunteers, and agents
serving as independent contractors in the role of CITY officials harmless from any loss,
claim or liability in any way related to a claim that CITY's use of any of the Written Products
is violating federal, state or local laws, or any contractual provisions, or any laws relating to
trade names, licenses, franchises, copyrights, patents or other means of protecting
intellectual property rights and/or interests in products or inventions. CONSULTANT shall
bear all costs arising from the use of patented, copyrighted, trade secret or trademarked
documents, materials, equipment, devices or processes in connection with its provision of
the services and Written Products produced under this Agreement. In the event the use of
any of the Written Products or other deliverables hereunder by the CITY is held to
constitute an infringement and the use of any of the same is enjoined, CONSULTANT
shall, at its expense: (a) secure for CITY the right to continue using the Written Products
and other deliverables by suspension of any injunction, or by procuring a license or
licenses for CITY; or (b) modify the Written Products and other deliverables so that they
become non-infringing while remaining in compliance with the requirements of this
Agreement. This covenant shall survive the termination of this Agreement.
(d) Upon termination, abandonment or suspension of the Project, the
CONSULTANT shall deliver to the CITY all Written Products and other deliverables related
to the Project. If CONSULTANT prepares a document on a computer, CONSULTANT
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shall provide CITY with said document both in a printed format and in an acceptable
electronic format.
5.2 Record-Keeping and Reporting
(a) Pursuant to 24 C.F.R. Section 85.36(i)(10), the CONTRACTOR shall
maintain all books, documents, papers, and records that are directly pertinent to the
Agreement for the purpose of making audits, examinations, excerpts and transcripts.
(b) Pursuant to 24 C.F.R. Section 85.36(1)(11) and the Los Angeles
County Development Commission's Project Description and Activity Budget for Contract
70741 (Project No. D96691-09), CONTRACTOR shall retain all required records for a
period of five (5)years after the CITY makes final payments and all other pending matters
are closed.
(c) Pursuant to 24 C.F.R. Section 85.36(i)(7), CONTRACTOR shall
provide to the CITY all requested documentation resulting throughout the course of or
under this Agreement.
ARTICLE 6
GENERAL PROVISIONS
6.1 Representation
The CITY's Director of Public Works shall designate the CITY's
representative and CONSULTANT shall designate its representative as the primary contact
persons for the parties regarding performance of this Agreement.
6.2 CDBG Regulations
CONSULTANT agrees to comply with the requirements of Part 570 of Title 24
of the Code of Federal Regulations, which states the U.S. Department of Housing and
Urban Development's regulations concerning CDBG, and all federal regulations and
policies issued pursuant to these regulations.
6.3 Fair Employment Practices/Equal Opportunity Acts
In the performance of this Agreement, CONSULTANT shall comply with all
applicable provisions of the California Fair Employment Practices Act (California
Government Code Section 12940 et seq.) and the applicable equal employment provisions
of the Civil Rights Act of 1964 (42 U.S.C. 2000 et seq.), and the Americans with Disabilities
Act of 1990 (42 U.S.C. § 12101 et seq.).
6.4 Personnel
CONSULTANT represents that it has, or shall secure at its own expense, all
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personnel required to perform CONSULTANT's services under this Agreement.
CONSULTANT shall make reasonable efforts to maintain the continuity of CONSULTANT's
staff who are assigned to perform the services hereunder and shall obtain the approval of
the Director of Public Works of all proposed staff members who will perform those services.
CONSULTANT may associate with or employ associates or subconsultants in the
performance of its services under this Agreement, but at all times CONSULTANT shall be
responsible for their services.
6.5 Labor Standards and Civil Rights
CONTRACTOR agrees to comply with the requirements of the Secretary of
Labor and the latest amendments to: Executive Orders 11246 and 11375, as
supplemented in Department of Labor regulations (41 C.F.R. chapter 60); the Copeland
"Anti-Kickback"Act (18 U.S.C. 847) as supplemented in Department of Labor regulations
(29 C.F.R. part 3); Section 3 of the Housing and Urban Development Act of 1968 (12
U.S.C. 1701 et seq.); Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000); Section 109
of Title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et
seq.); the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.); and Section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.). CONTRACTOR agrees to comply with
the requirements of all other applicable federal, state and local laws and regulations
pertaining to labor standards or civil rights insofar as those acts apply to the performance
of this Agreement.
6.6 Environmental Conditions
Pursuant to 24 C.F.R. Section 85.36(i)(13), CONTRACTOR agrees to comply
with the mandatory standards and policies relating to energy efficiency which are contained
in the state energy conservation plan issued in compliance with the Energy Policy and
Conservation Act (Pub.L. 94-163, 89 Stat. 871).
6.7 Lobbying Certifications
(a) The Los Angeles County Lobbyist Code Chapter 2.160 County
Ordinance No. 93-0031 Certification is attached hereto as Exhibit "B" and incorporated
herein by this reference. CONSULTANT shall complete and file this Certification as
required.
(b) The Federal Lobbyist Requirements Certification is attached hereto as
Exhibit"C"and incorporated herein by this reference. CONSULTANT shall complete and
file this Certification with the CITY.
6.8 Conflicts of Interest
CONSULTANT agrees not to accept any employment or representation
during the term of this Agreement or within twelve(12) months after completion of the work
under this Agreement which is or may likely make CONSULTANT "financially interested"
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(as provided in California Government Code Sections 1090 and 87100) in any decisions
made by CITY on any matter in connection with which CONSULTANT has been retained
pursuant to this Agreement.
6.9 Legal Action
(a) Should either party to this Agreement bring legal action against the
other, the validity, interpretation, and performance of this Agreement shall be controlled by
and construed under the laws of the State of California, excluding California's choice of law
rules. Venue for any such action relating to this Agreement shall be in the Los Angeles
County Superior Court.
(b) If any legal action or other proceeding, including action for declaratory
relief, is brought for the enforcement of this Agreement or because of an alleged dispute,
breach, default or misrepresentation in connection with this Agreement, the prevailing party
shall be entitled to recover reasonable attorneys' fees, experts' fees, and other costs, in
addition to any other relief to which the party may be entitled.
6.10 Assignment
Neither this Agreement nor any part thereof shall be assigned by
CONSULTANT without the prior written consent of the CITY. Any such purported
assignment without written consent shall be null and void, and CONSULTANT shall hold
harmless, defend and indemnify the CITY and its officers, officials, employees, agents and
representatives with respect to any claim, demand or action arising from any unauthorized
assignment.
6.11 Independent Contractor
CONSULTANT is and shall at all times remain, as to the CITY, a wholly
independent contractor. Neither the CITY nor any of its agents shall have control over the
conduct of CONSULTANT or any of the CONSULTANT's employees, except as herein set
forth, and CONSULTANT is free to dispose of all portions of its time and activities which it
is not obligated to devote to the CITY in such a manner and to such persons, firms, or
corporations at the CONSULTANT wishes except as expressly provided in this Agreement.
CONSULTANT shall have no power to incur any debt, obligation, or liability on behalf of the
CITY or otherwise act on behalf of the CITY as an agent. CONSULTANT shall not, at any
time or in any manner, represent that it or any of its agents, servants or employees, are in
any manner agents, servants or employees of CITY. CONSULTANT agrees to pay all
required taxes on amounts paid to CONSULTANT under this Agreement, and to indemnify
and hold the CITY harmless from any and all taxes, assessments, penalties, and interest
asserted against the CITY by reason of the independent contractor relationship created by
this Agreement. CONSULTANT shall fully comply with the workers' compensation law
regarding CONSULTANT and its employees. CONSULTANT further agrees to indemnify
and hold the CITY harmless from any failure of CONSULTANT to comply with applicable
workers' compensation laws. The CITY shall have the right to offset against the amount of
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any fees due to CONSULTANT under this Agreement any amount due to the CITY from
CONSULTANT as a result of its failure to promptly pay to the CITY any reimbursement or
indemnification arising under this Article.
6.12 Captions
The captions used in this Agreement are for general reference only and are
not part of the Agreement.
6.13 Entire Agreement
This Agreement, including any other documents incorporated herein by
specific reference, represents the entire and integrated agreement between CITY and
CONSULTANT and supersedes all prior negotiations, representations or agreements,
either written or oral. This Agreement may be modified or amended, or provisions or
breach may be waived, only as described in Article 6.14.
6.14 Amendments
(a) Except as described in section (b) of this article, this Agreement
may be modified or amended, or provisions or breach may be waived, only by
subsequent written agreement signed by both parties.
(b) The CITY may, at its discretion, amend this Agreement to conform
with federal, state or local governmental guidelines, policies and available funding
amounts. If such amendments result in a change in the funding, the scope of services,
or schedule of the activities to be undertaken as part of this Agreement, such
modifications shall be incorporated only by written amendments signed by both parties.
6.15 Construction
In the event of any asserted ambiguity in, or dispute regarding the
interpretation of any matter herein, the interpretation of this Agreement shall not be
resolved by any rules of interpretation providing for interpretation against the party who
causes the uncertainty to exist or against the party who drafted the Agreement or who
drafted that portion of the Agreement.
6.16 Non-Waiver of Terms, Rights and Remedies
Waiver by either party of any one or more of the conditions of
performance under this Agreement shall not be a waiver of any other condition of
performance under this Agreement. In no event shall the making by the CITY of any
payment to CONSULTANT constitute or be construed as a waiver by the CITY of any
breach of covenant, or any default which may then exist on the part of CONSULTANT,
and the making of any such payment by the CITY shall in no way impair or prejudice
any right or remedy available to the CITY with regard to such breach or default.
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6.17 Severability
If any term or portion of this Agreement is held to be invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions
of this Agreement shall continue in full force and effect.
6.18 Notice
Except as otherwise required by law, any notice, request, direction,
demand, consent, waiver, approval or other communication required or permitted to be
given hereunder shall not be effective unless it is given in writing and shall be delivered
(a) in person or (b) by certified mail, postage prepaid, and addressed to the parties at
the addresses stated below, or at such other address as either party may hereafter
notify the other in writing as aforementioned:
If to CONSULTANT:
Diana Y. Cho, Principal
Diana Cho and Associates
16716 East Rocky Knoll Road
Hacienda Heights, California 91745
If to CITY:
Ray Holland, Director of Public Works
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
A party may change its address by giving written notice to the other party.
Thereafter, any notice or other communication shall be addressed and transmitted to the
new address. If sent by mail, any notice, tender, demand, delivery or other communication
shall be deemed effective three (3) business days after it has been deposited in the United
States mail. For purposes of communicating these time frames, weekends and federal,
state, religious, County of Los Angeles or CITY holidays shall be excluded. No
communication via facsimile or electronic mail shall be effective to give any such notice or
other communication hereunder.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the date and year first above written.
Dated: CONSULTANT
BY: aitititi g;ItaitfrAt.
Title
Dated: 2OfOCITY OF
RANCHO PALOS jVERDES,
A Municipal Corporation
BY: ��.f 4911."'
ATTEST:
BY: glifh
City Clerk
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ti
DIAN A
EXHIBIT "A"
Gip
AND ASSOCIATES
March 31, 2010
Ms. Judy A. Huey
Public Works Department
City of Rancho Palos Verdes
Rancho Palos Verdes, California 90275 -
Subject: Request for Proposal - Administrative Services for the City of
Rancho Palos Verdes Community Development Block Grant Program
Dear Ms. Huey:
Thank you for the opportunity to present the enclosed proposal for Administrative Services
in conjunction with the City of Rancho Palos Verdes' Community Development Block Grant
(CDBG) Program.
Diana Cho and Associates appreciate the City's confidence in our firm by allowing us to
work as consultants for you over the past several years. Cho and Associates is the best
qualified firm to administer the City of Rancho Palos Verdes' CDBG Program as our
experience include CDBG program and financial management, federal labor, contract and
Section 3 compliance services, and operating housing rehabilitation programs.
Since 1986, Cho and Associates have offered extensive:administrative and management
services to cities requiring assistance in the CDBG Program. We are currently contracted by
the Cities of Bell, Rancho Palos Verdes, Diamond Bar, and Bell Gardens to provide CDBG
administrative services.
As CDBG consultants, Cho and Associates provide assistance with preparing Annual Planning
Summaries, Exhibit A/Memorandum of Understanding documents, reimbursement requests,
professional services agreements, construction bid documents, U. S. Department of Housing
and Urban Development reports, monitoring of sub-recipients, and providing Davis-Bacon
and Section 3 Compliance monitoring.
Please call me at (626) 374-2184 should you have any questions or require additional
information. I am available to discuss our proposal at your convenience.
Sincerely,
valtA
. at?
Diana Y. ho
Principal Consultant
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DYC:RFP.RPV3.10
16716 E Rocky Knoll Road.Hacienda Heights, CA 91745.(626) 968-3484
City of Rancho Palos Verdes
Proposal for CDBG Administration Consultant Services
Page 2
CONSULTANTS' EXPERIENCE AND QUALIFICATIONS
Diana Cho will serve as the lead consultant for the City of Rancho Palos Verdes'
CDBG
Program Administration services.
Diana Cho has served as a CDBG consultant since 1986. She hasr
p ovided CDBG
administrative services and technical assistance for the Cities of Bell, Gardens,
Diamond Bar, Rancho Palos Verdes, El Segundo, Huntington Park, and Hawaiian an Gardens.
As a CDBG consultant, Ms. Cho has preparedram roguidelines, Annual� Program
Planning Summaries, the Statement of Community Development Objectives ectives and
Projected Use of Funds, Comprehensive Performance Reports, Contract/Subcontract
p t Subcontract
Activity Reports, Request For Proposals and QualificationsAND S'
RFP
( RFQ's), and
professional services agreements; administered Housing and Commercial Rehabilitation
tation
Programs; and monitored the expenditures and accounting of CDBG funds.
Currently, Diana Cho provides CDBG and MTA program administration services es to the City
of Bell; and CDBG general program management services for the Cityof Rancho ancho Palos
Verdes, Diamond Bar, and Bell Gardens. Ms. Cho was formerlyCDBG program a p g ram
manager
for the Los Angeles County Community Development Commission prior
to becoming a
consultant. Furthermore, Ms. Cho has worked in the CommunityDevelopment p ent Block
Grant Program since 1978. Ms. Cho graduated from the University of Southern California
fornia
with a Bachelor of Science in Public Affairs/Public Administration.
PROPOSED SCOPE OF SERVICES
Diana Cho and Associates will provide CDBG program consulting services for program
administration, implementation and .monitorin The proposed CDBG services p p to be
offered are as follows:
Consultants will provide technical assistance for the administration t anon and
implementation of the City's projects and activities.
• Prepare CDBG documents including contracts, agreements� and
amendments.
• Prepare and publish public hearing notices for citizen input p on the
allocation of annual funds and/or any changes in the CDBG allocation ocation of
funds.
• Prepare reports for City Council review and approval of CDBG projects and
activities.
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City of Rancho Palos Verdes
Proposal for CDBG Administration Consultant Services
Page 3
• Prepare and submit Annual Program Planning Summaries indicating the
projects and budgets for the CDBG Program to the Community
unity
Development Commission.
• Process CDBG Reimbursable Contract and Amendments.
• Prepare and complete Community Development Commission reports P p is and
documents including the Quarterly Performance Report, labor standards
tandards
report and Contract/Subcontract activity report.
• Keep City informed about current County and HUD requirements for or the
CDBG Program including historical preservation clearance, environmental
impact review and procurement guidelines for services, supplies and
equipment, if necessary.
Consultants will prepare City Council Reports and CityCouncil Resolutions solutions for
agenda items pertaining to the Community Development Block Grant nt (CDBG)
Program.
Consultants will prepare the Agreements to Implement Projects including J protect
descriptions and budgets.
• Complete and submit the Exhibit A Input documents which describe the
CDBG project, funding amount, program beneficiaries andro'ect location.
J
• Prepare and process amendments for on-going projects. Prepare g g pa a and
publish public hearing notices for substantial changes in project description
on
and/or funding levels.
Consultants will prepare CDBG Funding Requests for eachJ
ro'ect.
P
• Review payment requests and invoices for CDBG services, supplies and
equipment, if necessary.
• Prepare and submit CDBG Funding Requests to the County each month.
• Monitor the drawdown of CDBG funds in order to comply with the y CDC/HUD
performance goals.
Consultants will coordinate with staff andather all necessaryfiles files and
documentation for program monitoring preparation.
and audit
• Develop and maintain all necessary documentation for CDBGmonitoring
mon�tor�ng
and annual City Audit.
• Assist County and Federal CDBG monitors during program performance
reviews, and City auditors during City Audit.
Page 14 of 19
City of Rancho Palos Verdes
Proposal for CDBG Administration Consultant Services
Page 4
Consultants will provide Davis-Bacon monitoring and contract compliance for
CDBG-funded construction projects.
• Review construction contracts and bid specifications for compliance with
Federal requirements to ensure that all appropriate forms are included in
bid package.
• Submit construction bid document to CDC prior to advertisement of bids.
• Verify contractor and subcontractor eligibility.
• Participate in preconstruction conferences as requested by the City.
• Prepare and submit documents and reports required by the U.S.
Department of Labor (DOL) and U.S. Department of Housing and Urban
Development (HUD) for construction projects.
• Report any wage modifications, or other changes in requirements as they
are issued.
• Review Weekly Certified Payroll Reports.
• Prepare and maintain labor and contract compliance files for CDC and HUD
monitoring.
• Review all construction contract files prior to project close-out.
Consultants will provide Section 3 monitoring and compliance for CDBG-funded
construction projects.
• Review construction contracts and bid specifications to ensure that all
Section 3 compliance forms are included in bid package.
• Provide technical assistance to City staff regarding the objectives and
requirements of Section 3.
• Review documentation of actions taken to comply with Section 3.
• Prepare annual Economic Opportunities for Low- and Very-Low Income
Persons in Connection with Assisted Projects (Section 3 Performance)
report.
Consultants will act as City's liaison and representative to the Community
Development Commission.
• Coordinate program monitoring visits and audits.
• Prepare responses to CDC correspondence and monitoring findings.
• Submit inquiries for clarifications and determinations on behalf of the City.
• Attend Cities Quarterly Meetings.
Page 15 of 19
.
City of Rancho Palos Verdes
Proposal for CDBG Administration Consultant Services
Page 5
Consultants will ensure compliance with all applicable Federal, State and local
laws and policies.
• Keep updated copies of CDBG regulations and handbooks at CityHall.
• Circulate CDBG information bulletins to City staff.
• Attend County and HUD seminars on program and regulatory changes.
CLIENT LIST
Diana Cho and Associates provide services for the following clients:
• City of Bell
Lourdes Garcia, Director of Administrative Services
6330 Pine Avenue, Bell, CA 90201 (323) 588-6211
Services Provided: CDBG, MTA, and SCAQMD Administration.
Term of Service: 1986 to Present
• City of Rancho Palos Verdes
Judy Huey, Senior Administrative Analyst
30940 Hawthorne Blvd., Rancho Palos Verdes, CA 90275 (310) 544-5247
Services Provided: CDBG Program Management and Administration.
Term of Service: 1995 to Present
• City of Diamond Bar
David Doyle, Assistant City Manager
21825 E. Copley Drive, Diamond Bar, CA 91765 (909) 839-7030
Services Provided: CDBG Administration and Contract and Labor compliance monitoring.
Term of Service: 1993 to Present
• City of Bell Gardens
Aldo Schindler, Director of Community Development
7100 South Garfield Avenue, Bell Gardens, CA 90201 (562) 806-7700
Services Provided: CDBG Administration and Section 108 Loan.
Term of Service: 2004 to Present
Page 16 of 19
City of Rancho Palos Verdes
Proposal for CDBG Administration Consultant Services
Page 6
SCHEDULE OF FEES
Cho and Associates will provide services in an amount not to exceed $17,898, and/or
within the 10%cap for administrative costs, whichever is the lower of the two. The fees
for consulting services are inclusive of all normal business overhead and will be as
follows:
Principal - $ 80.00 per hour
Associates - $ 55.00 per hour
Diana Cho will serve as the lead consultant for providing CDBG Program Administration
services. The consultant will work at least one day per week at CityHall offices.
Approximately four to six hours of consultant services will be provided each week.
Additional hours can be provided if requested by the City, and upon availability of other
funds in the budget.
Consultants will provide any other technical assistance when required by City staff in the
areas of project management and administrative assistance.
Page 17 of 19
Exhibit "B":
Community Development Commission
County of Los Angeles
COUNTY LOBBYIST CODE CHAPTER 2.160
COUNTY ORDINANCE NO. 93-0031
CERTIFICATION
Name of Firm: fa 4t Ci 4.44d A. -5�/evfe�
Address: � �C'��,� � �D� k10 CZcl 4-46 evid&
State: bf. ZipCode: OI ��`}5 Telephone Number (620R b � �f p � 3 kV
Acting on behalf of the above named firm, as its Authorized Official, I make the
following Certification to the County of Los Angeles and the Community Development
Commission, County of Los Angeles.
1. It is understood that each person/entity/firm who applies for a Community
Development Commission contract, and as part of that process, shall certify that
they are familiar with the requirements of the Los Angeles County Code, Chapter
2.160 (Los Angeles County Ordinance 93-0031) and;
2. That all persons/entities/firms acting on behalf of the above named firm have and
will comply with the County Code, and;
3. That any person/entity/firm who seeks a contract with the Community Development
Commission shall be disqualified therefrom and denied the contract and, shall be
liable in civil action, if any lobbyist, lobbying firm, lobbyist employer or any other
person or entity acting on behalf of the named firm fails to comply with the
provisions of the County Code.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into contract with the Los Angeles County and the
Community Development Commission, County of Los Angeles.
Authorized Official:
A Y1ol C A U (ma At�ac-!R 47% By: • CAt
..
(Contractor/Subcontractor) (Signature)
?r 1%4 / C e,t.t.,fet
(Date) (Title)
Page 18 of 19
R6876-0001/1221569.4
Exhibit "C":
FEDERAL LOBBYIST REQUIREMENTS
CERTIFICATION
Name of Firm: ` nitnitClio = �cI I Date: /
�1Gt
l / e,V
Address: OiI 1,, E Rocky bo U 7d . ci e �, �i Itff
�
State: 0,k Zip Code: ci 17 4-5- Phone No.: (62-0" • 34/N
Acting on behalf of the above named firm, as its Authorized Official, I make the
following Certification to the Department of Housing and Urban Development (HUD)
and the Community Development Commission, County of Los Angeles:
1. No Federal appropriated funds have been paid, by or on behalf of the above named
firm to any person for influencing or attempting to influence an officer or employee
of any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of and Federal grant, loan or cooperative agreement, and any
extension, continuation, renewal, amendment, or modification thereof, and;
2. If any funds other than Federal appropriated funds have paid or will be paid to any
person for influencing or attempting to influence an officer or employee or any
agency, a Member of Congress an officer or employee of Congress or an employee
of a Member of Congress in connection with this Federal contract, grant loan, or
cooperative agreement, the above named firm shall complete and submit Standard
Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions,
and:
3. The above name firm shall require that the language of this certification be included
in the award documents for all sub-awards at all tiers (including subcontracts, sub-
grants, and contracts under grants, loans, and cooperative agreement) and that all
sub-recipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into the transaction imposed by Section 1352 Title
31, U.S. Code. Any person who fails to file the required certification shall be subject to a
civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
Authorized Official:
Name: (ctvi1 CMôTitle: n C01S Ct 1 Ian t
� � Lr
Signature: Q/(;,0,-xilli. Date:
6 /i/ o,O
Federal Lobbying Requirements Certification Form Revised 09/30/05
Page 19 of 19
R6876-0001/1221569.4