MDG Associates Inc (2013) CDBG _ 44, Ill 11,
4 4 .
o Second Amendment to Professional Services Agreement (PSA) between
the City of Rancho Palos Verdes and MDG-LDM Associates, Inc.
This agreement is the second amendment ("Second Amendment") to the
Professional Services Agreement between the City of Rancho Palos Verdes ("City") and
MDG-LDM Associates, Inc. ("Consultant"), dated June 18, 2013 ("Agreement"). This
Second Amendment is effective as of May 19, 2015 and is being made to extend the term
of the Agreement to June 30, 2016.
Section 1. Section 1.3 of the Agreement is hereby amended to read as
follows:
"1.3 Term of Agreement
"This Agreement commenced on July 1, 2013 and shall expire on June 30, 2016,
unless terminated earlier pursuant to Article 4 of this Agreement.
Section 2. Section 2.1 of the Agreement is hereby amended to read as follows:
"2.1 Fee
"CITY agrees to compensate CONSULTANT, in an amount not to exceed Eighteen
Thousand Five Hundred Dollars($18,500), for services performed during FY 2015-16 with
CDBG funds, which come from HUD, for professional services as set forth herein and
further described in Section 1.1 of this Agreement."
Section 3: Section 6.19 of the Agreement is hereby amended to read as follows:
"6.19 Notice
"Except as otherwise required by law, any notice, payment, or other
communication authorized or required by this Agreement shall be in writing and
shall be deemed received on (a)the day of delivery if delivered by hand or overnight
courier service during CITY's regular business hours or(b)on the third business day
following deposit in the United States mail, postage prepaid, to the addresses listed
below, or at such other address as one party may notify the other:
To CITY:
Michael Throne, P.E., Director of Public Works
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
(310) 544-5252
R6876-0001\1836231 v1.doc
To CONSULTANT:
Attn: Esther Luis
MDG-LDM Associates, Inc.
10722 Arrow Route, Suite 822
Rancho Cucamonga, CA 91730
(909) 476-9696, Ext. 107"
Section 4. Except as expressly amended by this Second Amendment, all of
the other provisions of the Agreement, as previously amended by the
First Amendment, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Second
Amendment as of the date and year first above written.
Dated: MDG-LDM AS % 'TES, INC.
("CONSULT'
vow
By:
._
Printed Name: ROD MuNoz
Title: t e t•rT
//
_Aar, „ _
By:
Printed Name: C►UA D .wc' VUit4Oz
Title: c,f. o,
[Signatures continue on following page]
R6876-0001\1836231 v1.doc
•
CIN OF RANCHO PALOS VERDES
("CITY")
By: A..
b
or
ATTEST:
By: 34/6-9)//i/Cedie--
City Clerk
R6876-0001\1836231v1.doc
,+ t
First Amendment to Agreement between
1/4111kr the City of Rancho Palos Verdes and MDG Associates, Inc.
This agreement is the first amendment ("First Amendment") to the agreement
between the City of Rancho Palos Verdes("City")and MDG Associates, Inc. ("Consultant"),
dated June 18, 2013 ("Agreement"). This First Amendment is effective as of May 20, 2014
and is being made to extend the term of the Agreement to June 30, 2015.
Section 1. Section 1.3 of the Agreement is hereby amended to read as
follows:
"1.3 Term of Agreement
"This Agreement commenced on July 1, 2013 and shall expire on June 30, 2015,
unless terminated earlier pursuant to Article 4 of this Agreement. Additionally, there
shall be one remaining one-year option to renew the Agreement for FY 2015-16 with
the mutual written consent of both parties."
Section 2. Section 2.1 of the Agreement is hereby amended to read as
follows:
"2.1 Fee
"CITY agrees to compensate CONSULTANT an amount not to exceed Eighteen
Thousand Five Hundred dollars ($18,500) for services performed during FY 2014-15
with CDBG funds, which come from HUD, for professional services as set forth herein
and further described in Section 1.1 of this Agreement."
Section 3: Section 6.19 of the Agreement is hereby amended to read as
follows:
"6.19 Notice
"Except as otherwise required by law, any notice, payment, or other
communication authorized or required by this Agreement shall be in writing and
shall be deemed received on (a) the day of delivery if delivered by hand or
overnight courier service during CITY's regular business hours or (b) on the third
business day following deposit in the United States mail, postage prepaid, to the
addresses listed below, or at such other address as one party may notify the
other:
To CITY:
Michael Throne, P.E., Director of Public Works
City of Rancho Palos Verdes
R6876-0001\1712797v1.doc
•
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
(310) 544-5252
To CONSULTANT:
Attn: Esther Luis
MDG Associates, Inc.
10722 Arrow Route, Suite 822
Rancho Cucamonga, CA 91730
(909) 476-9696, Ext. 107"
Section 4. Except as expressly amended by this First Amendment, all of the
other provisions of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment
as of the date and year first above written.
Dated: MDG ASSOCIATE - le.
("CONSU LTAN
Age'
By: / . ���/rs►�r►i�
e-A
Printed Name: ' 411.‘ M u t.td
Title: F 0-5 1,tcNT
11
"fiat
. ____
Printed Name: LUPE Mo Noz
Title: G. . o •
[Signatures continue on following page]
R6876-0001\1712797v 1.doc
•
CITY OF RANCHO PALOS VERDES
("CITY")
By:
ayor --
ATTEST:
By: gat_
City Clerk
R6876-0001\1712797v1.doc
CITY OF RANCHO PALOS VERDES
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT ( g reement
"A ") is made and entered into this 18th day of June,
2013, by and between the City of Rancho Palos Verdes ("CITY") and MDG Associates,
Inc. ("CONSULTANT").
IN CONSIDERATION of the covenants hereinafter set forth, the parties agree as
follows:
ARTICLE 1
SCOPE OF SERVICES
1.1 Project Description
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 ("HUD") through the Los Angeles County Community Development
Commission. CONSULTANT shall provide professional services necessary to administer
the CITY'S CDBG projects, including but not limited to the tasks as described in the CITY's
Request For Proposals, which is attached hereto as Exhibit"A"and incorporated herein by
this reference, and in CONSULTANT's Proposal, which is attached hereto as Exhibit"B"
and incorporated herein by this reference ("Project").
1.2 Schedule of Work
Upon receipt of written Notice to Proceed from the CITY, CONSULTANT
shall perform with due diligence the services requested by the CITY. Time is of the
essence in this Agreement. CONSULTANT shall not be responsible for delay, nor shall
CONSULTANT be responsible for damages or be in default or deemed to be in default by
reason of strikes, lockouts, accidents, or acts of God, or the failure of CITY to furnish timely
information or to approve or disapprove CONSULTANT's work promptly, or delay or faulty
performance by CITY, other consultants/contractors, or governmental agencies, or any
other delays beyond CONSULTANT's control or without CONSULTANT's fault.
1.3 Term of Agreement
This Agreement shall commence on July 1, 2013 and shall expire on June
30, 2014, unless terminated earlier pursuant to Article 4 of this Agreement. Additionally,
there shall be two one-year options to renew the Agreement in FY 2014-2015 and FY
2015-2016 with the mutual written consent of both parties.
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ARTICLE 2
COMPENSATION
2.1 Fee
CITY agrees to compensate CONSULTANT an amount not to exceed
Eighteen Thousand Five Hundred dollars ($18,500) in FY 13-14 in CDBG funds, which
come from HUD, for professional services as indicated and further described in Section 1.1
of this Agreement.
2.2 Terms of Compensation
(a) CONSULTANT shall submit monthly invoices for the percentage of
work completed in the previous month. All costs shall be supported by properly executed
payrolls, time records, invoices, contracts, vouchers, orders, or other accounting
documents. CITY agrees to authorize payment for all undisputed invoice amounts within
thirty (30) days of receipt of each 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 by the CITY, 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.
2.3 Additional Services
CITY may request additional specified work under this Agreement. All such
work must be authorized in writing by the CITY's Director of Public Works prior to
commencement. CONSULTANT shall perform such services, and CITY shall pay for such
additional services in accordance with CONSULTANT's Schedule of Hourly Rates,which is
within Exhibit "B." The schedule of hourly rates shall be in effect through the end of this
Agreement.
ARTICLE 3
INDEMNIFICATION AND INSURANCE
3.1 Indemnification
To the maximum extent permitted by law, CONSULTANT shall defend,
indemnify, and hold the CITY, its officials, officers, employees, agents and independent
contractors serving in the role of CITY officials, and volunteers (collectively"Indemnitees")
free and harmless from any and all claims, demands, causes of action, costs, expenses,
liabilities, losses, damages or injuries, in law or equity, to property or persons, including
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wrongful death (collectively"Claims"), in any manner arising out of or incident to any acts or
omissions of CONSULTANT, its officials, officers, employees or agents in connection with
the performance of this Agreement, including without limitation the payment of all
consequential damages, attorneys'fees, and other related costs and expenses, except for
such Claims arising out of the sole negligence or willful misconduct of the Indemnitees.
With respect to any and all such Claims, CONSULTANT shall defend Indemnitees at
CONSULTANT's own cost, expense, and risk and shall pay and satisfy any judgment,
award, or decree that may be rendered against Indemnitees. CONSULTANT shall
reimburse Indemnitees for any and all legal expenses and costs incurred by each of them
in connection therewith or in enforcing the indemnity herein provided. CONSULTANT's
obligation to indemnify shall not be restricted to insurance proceeds, if any, received by
CONSULTANT or Indemnitees. All duties of CONSULTANT under this Section shall
survive termination of this Agreement.
3.2 General Liability
CONSULTANT shall at all times during the term of the Agreement obtain, maintain,
and keep in full force and effect a policy or policies of Commercial General Liability
Insurance, with minimum limits of one million dollars($1,000,000)for each occurrence and
two million dollars ($2,000,000) in the aggregate for bodily injury, death, loss or property
damage for products or completed operations and any and all other activities undertaken
by CONSULTANT in the performance of this Agreement. Said policy or policies shall be
issued by an insurer admitted to do business in the State of California("State")and rated in
A.M. Best's Insurance Guide with a rating of A:VII or better.
3.3 Professional 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 professional liability insurance with a
minimum limit of one million dollars ($1,000,000) per claim and aggregate for errors and/or
omissions of CONSULTANT in the performance of this Agreement. Said policy or policies
shall be issued by an insurer admitted to do business in the State and rated in A.M. Best's
Insurance Guide with a rating of A:VII or better. If a "claims made" policy is provided, such
policy shall be maintained in effect from the date of performance of work or services on the
CITY's behalf until three (3) years after the date of work or services are accepted as
completed. Coverage for the post-completion period may be provided by renewal or
replacement of the policy for each of the three (3) years or by a three-year extended
reporting period endorsement, which reinstates all limits for the extended reporting period.
If any such policy and/or policies have a retroactive date, that date shall be no later than
the date of first performance of work or services on behalf of the CITY. Renewal or
replacement policies shall not allow for any advancement of such retroactive date.
3.4 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, with
minimum of one million dollars ($1,000,000) per claim and occurrence and two million
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dollars ($2,000,000) in the aggregate for bodily injuries or death of one person and five
hundred thousand dollars ($500,000) for property damage arising from one incident.
3.5 Workers' Compensation
CONSULTANT shall at all times during the term of this Agreement obtain, maintain,
and keep in full force and effect workers' compensation insurance as required by the law.
CONSULTANT shall require any subcontractors similarly to provide such compensation
insurance for their respective employees.
3.6 Notice of Cancellation
(a) All insurance policies shall provide that the insurance coverage shall
not be cancelled or modified 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.
Additionally, CONSULTANT shall provide immediate notice to the City if it receives a
cancellation or policy revision notice from the insurer.
(b) CONSULTANT agrees that it will not cancel or reduce said insurance
coverage. 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 Entire Policy and Certificate of Insurance
At all times during the term of this Agreement, CONSULTANT shall maintain on file
with the CITY Clerk both a copy of the entire policy and a certificate of insurance showing
that the aforesaid policies are in effect in the required amounts. The commercial general
liability policy and professional liability policy 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
DISPUTES, DEFAULT AND TERMINATION
4.1 Disputes
In the event of dispute arising under this Agreement, CONSULTANT shall notify the
CITY promptly in writing of CONSULTANT's contentions and submit the claim. If the
dispute arises before performance of the related work,the written notice shall be submitted
prior to commencing such work. In any event, CONSULTANT shall proceed with such work
in compliance with the instructions of the CITY; such compliance shall not be a waiver of
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the CONSULTANT's rights to make a claim, provided is has notified the CITY in writing as
above stipulated.
4.2 Default and Remedies
(a) Default shall consist of any failure by the CONSULTANT to perform
under this Agreement or written amendments thereto or any breach of any covenant,
agreement, provision or warranty provided by the CONSULTANT as a part of this
Agreement. Actions which constitute a default include, but are not limited to:
(i) Failure to submit to the CITY reports which are required
pursuant to this Agreement or the submission of required reports that are incorrect or
incomplete.
(ii) Submission of requests for payment or reimbursement of
amounts that are incorrect or incomplete.
(iii) The failure of the CONSULTANT to accept any additional
conditions which may be provided by law, by executive order, by regulation or by other
policy announced by the CITY, the State or any federal agency.
(iv) Failure to perform any activity required by this Agreement.
(b) Upon occurrence of any default, the CITY shall advise the
CONSULTANT in writing of the action constituting the default, and specify the actions that
must be taken to cure the default. CITY may suspend payment under the Agreement. If a
default is not cured within thirty (30) days from receipt of written notice of such default by
the CONSULTANT, CITY may continue the suspension or, by written notice of termination,
may terminate the Agreement.
(c) Notwithstanding the above, CONSULTANT shall not be relieved of
liability to CITY for damage sustained by the CITY by virtue of any default or breach of the
Agreement; and CITY may deduct the amount of damages from any outstanding payments
to the CONSULTANT or may withhold payments until such time as the exact amount of the
damages is determined.
4.3. Termination
(a) If federal funding for this project is terminated and no other funding is
available for continuation of this Project, CITY will not be obligated to continue funding for
the services contained in this Agreement and may terminate the Agreement.
(b) This Agreement may be terminated at any time,with or without cause,
by the CITY upon thirty(30)days prior written notice or by CONSULTANT upon ninety(90)
days prior written notice. Notice shall be deemed served if completed in compliance with
Section 6.19 of this Agreement.
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(c) In the event of termination, all property and finished or unfinished
documents, data, studies, surveys, drawings, maps, models, photographs and reports
prepared by or purchased with CDBG/HOME funds by the CONSULTANT under this
Agreement shall, at the option of CITY, become its property. In the event of termination of
this Agreement by CITY due to no fault or failure to perform by CONSULTANT, the
CONSULTANT shall be entitled to receive just and equitable compensation for any work
satisfactorily completed hereunder, as determined by the CITY; provided, however, 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 for the full performance
of the services described in this Agreement. If CITY terminates the Agreement due to
CONSULTANT materially failing to comply with any term of this Agreement, any of its
incorporated exhibits, or any of the laws, statutes, rules, regulations or provisions referred
to herein, the CITY may declare CONSULTANT ineligible for further participation in the
CITY's contracts, in addition to other remedies as provided by law. In the event that there
is probable cause to believe the CONSULTANT is incompliant with any term of this
Agreement, any of its incorporated exhibits, or any of the laws, statutes, rules, regulations
or provisions referred to herein, CITY may withhold up to fifteen percent (15%) of said
Agreement funds until such time as the CONSULTANT is found to be in compliance by the
CITY or is otherwise adjudicated to be in compliance.
ARTICLE 5
DOCUMENTS
5.1 Ownership of Documents and Work Product
All final documents, plans, specifications, reports, information, data, exhibits,
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.
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.
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
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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.
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 without additional cost or expense to the CITY. If CONSULTANT prepares a
document on a computer, CONSULTANT shall provide CITY with said document both in a
printed format and in an electronic format that is acceptable to the CITY.
5.2 Record-Keeping and Reporting
(a) Pursuant to 24 C.F.R. Section 85.36(i)(10), the CONSULTANT 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. All
documents pertaining in whole or in part to this Agreement shall be clearly identified and
readily accessible.
(b) Pursuant to 24 C.F.R. Section 85.36(i)(11) and the Los Angeles
County Development Commission's Project Description and Activity Budget for Contract
70741 (Project No. D96691-09), CONSULTANT 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) At any time during normal business hours and as often as the CITY,
County of Los Angeles ("County"), the State, HUD and/or Comptroller General of the
United States ("Comptroller") may deem necessary, the CONSULTANT shall make
available to the aforementioned entities or their representatives or agents for examination
all of CONSULTANT's records with respect to all matters covered by this Agreement.
CONSULTANT will permit the CITY, the County, the State, HUD, the Comptroller and/or
any of their representatives or agents to audit, examine and make excerpts or transcripts
from such records, including contracts, invoices, materials, payrolls, records of personnel,
conditions of employment and any other data relating to the matters covered by this
Agreement. CONSULTANT shall provide to the CITY, the County, the State, HUD, and/or
the Comptroller all requested documentation resulting throughout the course of or under
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this Agreement.
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ARTICLE 6
GENERAL PROVISIONS
6.1 Representation
The CITY's representative shall be the Director of Public Works or his or her
designee, and CONSULTANT shall notify CITY of CONSULTANT's designated
representative. These individuals shall be 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.), the applicable equal employment provisions of
the Civil Rights Act of 1964 (42 U.S.C. 2000e 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
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 subcontractors 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
CONSULTANT 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.). CONSULTANT agrees to comply with
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the requirements of all other applicable federal, State and local laws and regulations.
6.6 Environmental Conditions
Pursuant to 24 C.F.R. Section 85.36(i)(13), CONSULTANT 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 City Business License
CONSULTANT shall obtain and maintain a City business license prior to
commencing the services specified in this Agreement.
6.8 Lobbying Certifications
(a) The County Lobbyist Code Chapter 2.160 County Ordinance No. 93-
0031 Certification is attached hereto as Exhibit "C" 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"D"and incorporated herein by this reference. CONSULTANT shall complete and
file this Certification with the CITY.
6.9 Conflicts of Interest
(a) CONSULTANT agrees, on behalf of itself and its family, and its
members, officers, employees and agents and their families, not to accept any employment
or representation or otherwise obtain a financial interest or benefit 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" (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. CONSULTANT shall comply with all applicable federal, State, and County
laws and regulations governing conflict of interest including but not limited to 24 CFR Part
570.611 and 24 CFR Part 85, Section 85.36(b).
(b) CONSULTANT shall take appropriate steps to assure compliance with
paragraph (a) of this section, and will incorporate the following provision into every sub-
contract:
"Interest of Subcontractor and Employees. The Subcontractor covenants that
no person who presently exercises any functions or responsibilities in
connection with the Community Development Block Grant Program has any
personal financial interest, direct or indirect, in this Contract. Any interest on
the part of the Subcontractor or his employees must be disclosed to the
Recipient and the City, provided, however, that this paragraph shall be
interpreted in such a manner so as not to unreasonably impede the statutory
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requirement that maximum opportunity be provided for employment of and
participation by residents of the area."
6.10 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, excluding the State'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.
6.11 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.
Notwithstanding the above, CONSULTANT may use the services of persons
and entities not in CONSULTANT's direct employ, when it is appropriate and customary to
do so. CONSULTANT's use of subcontractors for additional services shall not be
unreasonably restricted by the CITY provided CONSULTANT notifies the CITY in advance.
6.12 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 as 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
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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
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.
6.13 Titles
The titles used in this Agreement are for general reference only and are not
part of the Agreement.
6.14 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.
6.15 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.
6.16 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.
6.17 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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,
6.18 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.
6.19 Notice
Except as otherwise required by law, any notice, payment, or other
communication authorized or required by this Agreement shall be in writing and shall be
deemed received on (a)the day of delivery if delivered by hand or overnight courier service
during CITY's regular business hours or(b) on the third business day following deposit in
the United States mail, postage prepaid, to the addresses listed below, or at such other
address as one party may notify the other:
To CITY:
Les M. Jones II, Interim Director of Public Works
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
To CONSULTANT:
Attn: Ester Luis
MDG Associates, Inc.
10722 Arrow Route, Suite 822
Rancho Cucamonga, CA 91730
909-476-9696
6.20 CONSULTANT's Warranty of Compliance with County's Defaulted Property
Tax Reduction Program
The CONSULTANT 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 CONSULTANT qualifies for an exemption or
exclusion, the CONSULTANT warrants and certifies that to the best of its knowledge it is
now in compliance, and during the term of this Agreement will maintain compliance, with
the County's Defaulted Tax Program, found at County Ordinance No. 2009-0026 and
codified at County Code Chapter 2.206 ("County Ordinance"). CONSULTANT shall keep
County property taxes out of default status at all times during the term of this Agreement,
as required by the County Ordinance.
Failure of the CONSULTANT to maintain compliance with the requirements
set forth in the County Ordinance shall constitute default under this Agreement. Without
is
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limiting the rights and remedies available to the CITY under any other provision of this
Agreement, failure of the CONSULTANT to cure such default within ten (10)days of notice
shall be grounds upon which the CITY may suspend or terminate this Agreement pursuant
to the County's Defaulted Property Tax Reduction Program found at County Ordinance No.
2009-0026 and codified at County Code Chapter 2.206. Additionally, failure of the
CONSULTANT to comply with the provisions of the County Ordinance may prevent the
CONSULTANT from being awarded a new contract by the CITY.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the date and year first above written.
Dated:
Od' 3 MDG Asso '-to ' .
("CO'. U
Printed Name: fc_opy U,t.x
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Title: -{ �Z6sc`�o
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By: - A.. •
Printed Name: Uico*CvP e- /-'1ic ?
Title: G•te •
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Dated: CITY OF RANCHO PALOS VERDES
("CITY")
By: CS14. -a--Y\
Mayor
ATTEST: APPROVED AS TO FORM:
C
By: egpjaj P //,- � By:
.�.
City Clerk City Attorney
i4
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Exhibit "A": City's Request For Proposals
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41111111
CITY OF RANCHO PALOS VERDES
REQUEST FOR PROPOSAL
PROJECT ADMINISTRATIVE SERVICES
FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
The City of Rancho Palos Verdes is seeking proposals from qualified private firms and
individuals to provide administrative services and technical assistance for its Community
Development Block Grant (CDBG) Program. Qualified consultants assigned to the
position must have extensive experience working with the Federal Community
Development Block Grant Program.
GENERAL BACKGROUND
As a participant in the Los Angeles Urban County Community Development Block Grant
Program, the City receives an annual allocation of approximately $142,918. These
funds are used for a variety of projects and activities including the Home Improvement
Program and Americans with Disabilities Act (ADA) Compliance public works
improvements.
SCOPE OF WORK
The Scope of Work shall include but not be limited to the following items:
• Provide technical assistance for direct project administration and implementation
of the City's CDBG projects.
• Prepare Agreements to Implement Community Development Block Grant
Programs with the Los Angeles County Community Development Commission
(CDC) including project descriptions and budgets.
• Prepare and process amendments to the Agreements to Implement for
continuing projects.
• Coordinate with staff and gather all necessary documentation for Community
Development Commission program monitoring and audit preparation.
• Prepare and complete Community Development Commission and U. S.
Department of Housing and Urban Development reports and documents.
• Provide CDBG financial management assistance.
• Provide Davis-Bacon and Section 3 monitoring for construction projects.
• Act as the City's liaison and representative to the Community Development
Commission.
• Ensure compliance with all applicable federal, state, and local laws and policies.
SUBMISSION PROCEDURES
The proposal must include the following:
• Cover letter including the name, address, and telephone number of consulting
firm or consultant, background information, and the name of a contact person.
• Name and qualifications of the management and staff that will be providing the
services.
• Summary of Services to be provided and Work Plan describing activities to be
performed.
• Proposed costs including personnel, equipment and supplies, overhead, and
other additional costs. The fee shall be on a "Not to Exceed" basis, with hourly
rates for project personnel.
• A reference list to include the names and telephone numbers of agencies and/or
persons who have received your services.
• Additional information you feel would be applicable to the evaluation of the
proposal.
Two (2) copies of your proposal must be submitted to Ms. Lauren Ramezani, Senior
Administrative Analyst, at 30940 Hawthorne Blvd., Rancho Palos Verdes, California
90275, by 10:00 a.m., Friday, May 10, 2013.
SELECTION CRITERIA
Selection of a contractor will be done on a competitive basis. In reviewing and
evaluating the responses to the RFP, City staff will be considering the following (not
necessarily in order of priority):
• Experience of Firm
• Experience of Individuals
• Project Understanding
• References
• Depth of Resources to Perform Work
• Familiarity with RPV/Peninsula
• Location of Office
These criteria should not be construed so as to limit other considerations which may
become apparent during the course of the review and selection process. The City
reserves the richt to reject any or all proposals. This solicitation for proposals is not
construed as a contract of any kind. The City is not liable for any cost or expenses
incurred in the preparation of the proposal.
In addition, since this program is funded with CDBG funds, the selected contractor shall
comply with all federal requirements and regulations.
All questions concerning the RFP should be directed to Ms. Lauren Ramezani, Senior
Administrative Analyst, at (310) 544-5245.
Exhibit "B": Consultant's Proposal, including Schedule of Hourly Rates
Ir
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MDG
May 1, 2013 ASSOCIATES•INC.
Lauren Ramezani •
1111 Senior Administrative Analyst
Public Works Department
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
Subject: Proposal Administrative Services for the Community Development Block Grant
(CDBG) Program
0111 Dear Ms. Ramezani:
MDG Associates, Inc. (MDG) is pleased to submit a proposal to provide consultant services to
administer the City's Community Development Block Grant Programs. MDG, along with its affiliate
(LDM Associates, Inc.), has been providing high-quality services to municipal agencies and private
clients for years. MDG's emphasis and capabilities are in the administration of housing and commercial
rehabilitation programs, and project/construction management, planning, and grants management
services.
111 Our consulting team is comprised of highly qualified professional staff with expertise in all aspects of
CDBG Programs Administration including, but not limited, to residential rehabilitation, construction
management,and monitoring of public service providers. Provided below,is the information requested
in your Request for Proposal (RFP). We hope this proposal conveys our firm's ability to provide the
City with administration services for the CDBG Programs.
If you have any questions regarding this matter, please do not hesitate to call me at your convenience.
Respectfully Submitted,
•
Ale;
I Lam'
Rudy N7 ••
Preside t
Enclosure: Proposal
10722 Arrow Route • Suite 822 • Rancho Cucamonga • California 91730 (909)476-9696 • Fax (909) 476-6086
DESCRIPTION OF FIRM
MDG Associates Inc. (MDG) was established in 1991 and has undergone a steady growth since its
inception. MDG is a corporation registered in the State of California. In response to our clients' needs,
MDG and its affiliate LDM Associates, Inc. (LDM) has been providing a wide variety of Community
Development services since inception.Such services include planning,redevelopment,architecture,and
grants management. Under the grants management category,MDG has been providing administration
services for the Community Development Block Grant (CDBG), HOME Investment Partnerships
(HOME),Emergency Solutions Grant(ESG),Community Development Block Grant Recovery(CDBG-
R),Homelessness Prevention and Rapid Rehousing Program(HPRP),and Neighborhood Stabilization
Program 1 and 3 (NSP1, NSP3). In addition, MDG has been implementing activities under the
aforementioned programs such as the Residential Rehabilitation,Commercial Rehabilitation,and First
Time Homebuyer programs.
The firm is comprised of individuals with a wide variety of expertise including the services specifically
requested by your City. Currently, MDG has twenty-five (25) staff members. Ten of the twenty-five
staff members are knowledgeable and experienced in the administration of CDBG, HOME, and ESG
Programs. MDG is a registered Minority Business Enterprise (MBE) and a Small Disadvantaged
Business (SDB/DBE).
MDG staff maintains an excellent relationship with the local HUD office as well as at the headquarters
level. MDG staff is involved in providing technical assistance to States,Counties,Cities and other HUD
funded grantees on behalf of HUD Headquarters in Washington D.C.for a number of the HUD funded
programs. This includes working with the Commonwealth of Puerto Rico in response to a Presidential
Task Force assessment of their programs. Tasks include preparing Policies and Procedures as well as
provide training for the implementation of these programs. These documents and trainings are being
prepared and provided in both English and Spanish.
FIRM EXPERIENCE
Since its inception,MDG has offered administrative and management services to cities that are seeking a
consultant that can act as an extension of their staff and look after the best interest of the City. The types
of services that we currently provide are those specifically requested by your City.
CDBG/CDBG-R Program Administration:
Currently, MDG provides Community Development Block Grant (CDBG) and Community
Development Block Grant—Recover Act(CDBG-R)Program administration assistance to eleven(16)
Cities with funds totaling approximately$14.5 million dollars. We are currently under contract with the
Cities of Compton,Corona,El Monte,Fontana,Hesperia,Irvine,Lawndale,Newport Beach,Palmdale,
Paramount,Rialto,and Walnut in the day to day administration of their CDBG and CDBG-R Programs.
In addition we are under contract in the Cities of Hawthorne,Redlands,and Upland to provide technical
assistance on specific tasks such as IDIS input,project monitoring,Davis-Bacon Monitoring,preparation
of Consolidated Plan/Action Plan,and preparation of Consolidated Annual Performance and Evaluation
Report(CAPER).
Residential Rehabilitation Program Implementation:
Last year MDG processed and completed the rehabilitation of approximately 275 residential dwellings
for 10 different cities. We are currently under contract with the Cities of Carson, El Monte, Irvine, La
Canada Flintridge, Lynwood, Paramount, Rancho Palos Verdes, Upland, and Walnut in the
administration of their Residential Rehabilitation Programs.
SCOPE OF SERVICES
MDG proposes to provide staffing and other resources required to provide administration and
implementation of the CDBG Program and Davis-Bacon Act(labor compliance). Those duties include:
CDBG Program Administration:
• Provide technical assistance for direct project administration and implementation of the City's
CDBG projects.
• Prepare Agreements to Implement Community Development Block Grant Programs with the Los
Angeles County Community Development Commission(CDC) including project descriptions
and budgets.
• Prepare and process amendments to the Agreements to implement for continuing projects.
• Coordinate with staff and gather all necessary documentation for Community
Development Commission program monitoring and audit preparation.
• Prepare and complete Community Development Commission and U.S. Department of
Housing and Urban Development reports and documents.
• Provide CDBG financial management assistance.
• Provide Davis-Bacon and Section 3 monitoring for construction projects.
• Act as the City's liaison and representative to the Community Development Commission.
• Ensure compliance with all applicable federal, state, and local laws and policies.
Davis Bacon Act Compliance:
• Determine CDBG eligibility of potential capital improvement projects.
• Provide CDBG-related bid package and construction contract documents to the Engineering
Department.
• Participate in pre-construction conferences and provide documents related to federal
requirements, as needed,to City staff and contractors.
• Prepare and submit documents and reports required by the U.S.Department of Labor(DOL), the
U.S. Department of Housing and Urban Development (HUD), and the Los Angeles County
Community Development Commission (CDC) for construction projects receiving CDBG
funding.
• Review Certified Payroll and correspond with contractors regarding payroll deficiencies.
• Perform on-site monitoring related to federal Labor Standards and other CDBG requirements.
• Conduct close out of project.
MANAGEMENT AND STAFFING
The members of our consulting group proposed to provide administration and implementation of the
CDBG Program include Esther Luis,Senior Associate and Miguel Ramirez,Senior Associate. Ms.Luis
will be responsible for the day-to-day implementation of the CDBG Program. Ms. Luis is currently
responsible for the administration of the CDBG Programs for the Cities of Walnut and Lawndale. Both
of these Cities are LACDC administered programs. Ms.Luis has been administering CDBG Programs
as member of MDG Associates for the past 13 years. In addition,prior to joining MDG Associates,Ms.
Luis worked as a Program Manager for the LACDC in the Community Development Block Grant
Division specifically overseeing CDBG Programs. Mr.Ramirez will oversee all of the labor compliance
aspects of the capital improvement project. Mr.Ramirez has been with MDG for the past seven years,
administering CDBG programs and implementing Davis-Bacon and State of California labor compliance
monitoring. The resumes of the aforementioned individuals are included in the Resume of Key
Personnel section of this document.
COST AND PRICING
Based on the scope of work and additional information provided,MDG proposes to bill on a time and
material basis based on the attached Rate Schedule(see Exhibit"A"). MDG proposes to provide CDBG
Administration services and technical assistance for an amount not to exceed 20% of the program
budget, which totals a not to exceed amount of$28,500.
S I
EXHIBIT "A"
SCHEDULE OF HOURLY BILLING RATES
Rates effective as of July 1, 2013 Through June 30, 2014
STAFF PERSON: HOURLY RATE:
President $100.00/Hr
Vice President $95.00/Hr
Manager $90.00/Hr
Senior Associate $80.00/Hr
Associate $70.00/Hr
Senior Project Assistant $55.00/Hr
Project Assistant $50.00/Hr
Secretary $35.00/Hr
Note: If MDG staff is requested by the City to attend a meeting not
considered a part of this proposal or on a day in which a consultant is
not scheduled to be on site,the City shall be billed for the time it takes
to drive to and from the City and its corporate office.
REIMBURSABLE ITEMS:
Project Supplies At Cost plus 10%surcharge
Prints/Reproductions At Cost plus 10% surcharge
Exhibit "C":
Community Development Commission
County of Los Angeles
COUNTY LOBBYIST CODE CHAPTER 2.160
COUNTY ORDINANCE NO. 93-0031
CERTIFICATION
Name of Firm: � bri A ssoGtA_T-E-5, SNC
Address: / O - ct) J'ZZ -6 S U1t egg; /2f1LX/ ) CUC/4Moiogk
State: CA Zip Code: 9/ 73o Telephone Number (9'Dr)
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:
P--0 Li aoAk&-, -02,5,,,,6_,I By:Ammip.:41 ,_ „iota"
(Contractor/Subcontractor) (7y ature)
4//AA 3
(Date) (Title)
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Exhibit "D":
FEDERAL LOBBYIST REQUIREMENTS
CERTIFICATION
Name of Firm: )14,06 S3DCtit1�6-5 4)(t_-
Date: 6// /i3
Address: o )��?-,Lo u) koor6„ by i i gi, tUC4/41
• ZipCode: 1 3 O Phone No.: q0?- 'f -9‘ ?4,
State. � 1�
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: C2-0P_ , - • 2 Title: 12 &5 (f) /ci (
Siralw. 6//91/3
natu -- '!' Date:
MUNIFederal Lobbying Requireme - 'cation Form Revised 09/30/05
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