CC SR 20160816 G - Award of PSA for CDBG Administrative Services for FY 16-17RANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 08/16/2016
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA DESCRIPTION:
Consideration and possible action to award a professional services agreement for
Community Development Block Grant (CDBG) administrative services.
RECOMMENDED COUNCIL ACTION:
(1) Award a Professional Services Agreement (PSA) to MDG-LDM Associates, Inc.
for Community Development Block Grant (CDBG) administrative services for FY
16-17, with two, one-year options to renew the agreement in FY 17-18 and FY
18-19; and,
(2) Authorize the Mayor and City Clerk to execute the agreement, subject to
approval as to form by the City Attorney.
FISCAL IMPACT: Funding for these services is included in the FY 16-17 Adopted
Budget and is provided by CDBG grant funds.
Amount Budgeted: $38,485
Additional Appropriation: None
Account Number: 310-3099-461-73-00
ORIGINATED BY: Mike Gibson, Senior Administrative Analyst
REVIEWED BY: Michael Throne, PE, Director of Public Works
APPROVED BY: Doug Willmore, City Managerlyk1 1
ATTACHED SUPPORTING DOCUMENTS:
A. City of Rancho Palos Verdes Request for Proposals (RFP) for Community
Development Block Grant (CDBG) Administrative Services (page A-1)
B. Proposal from MDG-LDM Associates, Inc. for Administrative Services for the
CDBG Program for Fiscal Year 2016-2019 (page B-1)
C. Letter of Approval from the Community Development Commission of the
County of Los Angeles for a Non -Competitive Procurement (page C-1)
D. Professional Services Agreement Between the City of Rancho Palos Verdes
and MDG-LDM Associates, Inc. for Community Development Block Grant
(CDBG) Administrative Services (page D-1)
BACKGROUND AND DISCUSSION:
The Countywide Community Development Block Grant (CDBG) program is
administered by the Community Development Commission (CDC) of the County of Los
Angeles, which is the agency the City interacts with to allocate CDBG funds to specific
programs and projects and coordinate overall program management.
1
Since 1985, the City has contracted with a professional consulting firm to administer its
CDBG programs and projects, and has found this to be a very cost-effective and
efficient way of making this funding available for projects that benefit the community as
a whole while minimizing the amount of City Staff time required to manage the program.
The services provided by the consulting firm include providing technical assistance for
the implementation of CDBG programs and projects; preparing reports and documents
as required by the CDC and the U.S. Department of Housing and Urban Development
(HUD); providing financial management assistance; providing Davis -Bacon Act
(prevailing wages) and HUD Section 3 monitoring for construction projects; acting as
the City's liaison and representative to the CDC; and ensuring compliance with all
applicable Federal, State, and local laws, rules, regulations, and policies.
On June 18, 2013, the City Council approved a professional services agreement with
MDG-LDM Associates, Inc. to administer the City's CDBG program for FY 13-14 for a
not -to -exceed amount of $18,500. This agreement commenced on July 1, 2013 and
included two, one-year renewal options for FY 14-15 and FY 15-16. Both of these
renewal options were exercised by contract amendments approved by the City Council
on May 20, 2014, and May 19, 2015, respectively. The contract amendment under the
second renewal option expired on June 30, 2016.
On April 20, 2016, Staff sent out a Request for Proposals (RFP) to nine consulting firms
for CDBG administrative services for FY 16-17, with a response deadline of May 27,
2016 (Attachment A). As of that date, the City received only one proposal from MDG-
LDM Associates, Inc. (Attachment B) for a not -to -exceed amount of $28,400.
On June 3, 2016, Staff followed up with the same nine firms from which proposals were
solicited, extending the submittal deadline to June 8, 2016. On June 9, 2016, Staff
contacted the eight non-responsive firms to inquire if they had received the RFP
package and, if so, the reason(s) for their lack of response. The collective response
from the eight non-responsive firms was that they were not interested in submitting a
proposal.
List of Consulting
Firms RFPs Were Mailed To:
B -Adair Consulting
MDG-LDM Associates, Inc.
Tina Gall & Associates
Diana Cho & Associates
Morgner Construction
Veronica Tam &
Associates
Harris & Associates, Inc.
SJC3 Consulting
Willdan
As a result of having received only one response to the RFP, the City requested and
received approval of a non-competitive procurement from the CDC (Attachment C).
This is important to note, since the City's CDBG administrative consultant services are
funded entirely by CDBG funds administered by the CDC.
2
The City has received an annual allocation of $192,400 in CDBG funding for FY 16-17,
which is included in the FY 16-17 Public Works Department budget. Of this amount,
20% (or $38,485) has been set aside for administrative services to manage the City's
CDBG program for FY 16-17. This is more than enough funding to cover the annual
cost of the proposed agreement ($28,400).
Staff is pleased with the high quality of work, responsiveness, and technical knowledge
demonstrated by MDG-LDM Associates, Inc. over the last three years. It is therefore
recommended that a Professional Services Agreement (PSA) be awarded to MDG-LDM
Associates, Inc. for the period of August 17, 2016 through June 30, 2017, for a not -to -
exceed amount of $28,400.
In addition, because of the obvious limitation on prospective proposers for these
services, it is recommended that two, one-year options to renew be included in the
agreement, subject to approval by the City Council prior to the beginning of each one-
year renewal period (Attachment D). MDG-LDM Associates, Inc. has guaranteed
(Attachment B, page 11) that its hourly billing rates will remain the same during the
potential three-year period of the agreement (FY 16-17, FY 17-18, and FY 18-19).
ALTERNATIVES:
In addition to the Staff recommendations, the following alternative is available for the
City Council's consideration:
1. Direct Staff to conduct another RFP process to try and garner more proposals for
the City's CDBG administrative services. However, this action may further delay
provision of these services to the City, which could result in issues with
management of CDBG funding resources in the near term.
9
CITY OF RANCHO PALOS VERDES
REQUEST FOR PROPOSALS (RFP)
ADMINISTRATIVE SERVICES FOR THE CITY OF RANCHO PALOS VERDES'
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 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
contract must have extensive experience working with the federal Community
Development Block Grant (CDBG) Program.
GENERAL BACKGROUND
As a participant in the Los Angeles County Urban Community Development Block Grant
(CDBG) Program, the City receives an annual allocation of approximately $142,000.
These funds are used primarily for Americans with Disabilities Act (ADA) compliance
public works improvement projects in the City right-of-way (i.e., construction of curb
ramps, sidewalk access improvements, bus stop/bus stop shelter improvements, etc.).
SCOPE OF WORK
The Scope of Work shall include, but not be limited to, the following items:
• Provide technical assistance for the administration and implementation of the
City's CDBG program and projects.
• Prepare on-line "Agreements to Implement" annual Community Development
Block Grant (CDBG) programs with the Los Angeles County Community
Development Commission (LACDC), including project descriptions and budgets.
• Prepare and process amendments to the "Agreements to Implement" for ongoing
projects.
• Coordinate with City staff to gather all necessary documentation for LACDC
program monitoring and for audit preparation.
• Prepare and complete LACDC and U.S. Department of Housing and Urban
Development (HUD) reports and documents.
• Provide CDBG financial management assistance.
• Provide Davis -Bacon (prevailing wages) and HUD/Section 3 monitoring for
construction projects.
• Act as the City's liaison and representative to the LACDC.
• Ensure compliance with all applicable federal, State, and local laws, rules,
regulations, and policies.
A-1
SUBMISSION PROCEDURES
The proposal must include the following information:
• Cover letter, including the name, address, telephone number, and e-mail address
of the consulting firm or individual consultant, background information, and the
name of a good contact person in the firm.
• Names of the firm's management team and its experience and qualifications in
providing the requested services (including previous experience with CDBG
programs and projects for other similarly -sized jurisdictions),
• Names of the firm's staff and its experience and qualifications in providing the
requested services (including previous experience with CDBG programs and
projects for other similarly -sized jurisdictions),
• Summary of services to be provided and a work plan describing activities to be
performed.
• Proposed costs, including personnel, equipment and supplies, administrative
overhead, and any other additional costs. The fee quoted shall be on a "not -to -
exceed" basis, including hourly rates for project personnel.
• A reference list, including the names of jurisdictions, contact persons, and
telephone numbers that your firm (or individual consultant) has provided CDBG
administrative services for in the recent past.
• Any additional information you feel would be applicable to the evaluation of your
proposal.
Two (2) copies of your proposal must be submitted to Mike Gibson, Senior
Administrative Analyst, City of Rancho Palos Verdes, Public Works Department,
30940 Hawthorne Blvd., Rancho Palos Verdes, CA 90275, by 5:30 PM,
Wednesday, June 8, 2016.
SELECTION CRITERIA
Selection of a consultant will be done on a competitive basis. In reviewing and
evaluating the responses to the RFP, City staff will be considering the following factors
(not necessarily in order of priority):
• Overall experience of firm with CDBG programs and projects
• Experience of individual consultants within the firm (or independent
contractors) with CDBG programs and projects
• Understanding of the City's CDBG administrative service requirements
• Reference/background checks
• Depth of resources required to perform services
• Familiarity with the City of Rancho Palos Verdes
• Location of office
A-2
These criteria should not be construed so as to limit other considerations which may
become apparent during the course of the review and selection of proposal process. The
City reserves the right to refect any or all proposals. This solicitation of proposals
should not be construed as a contract of any kind. The City is not liable for any cost or
expense incurred by any firm or consultant in the preparation and/or submittal of a
proposal in response to this RFP.
Since this program is funded by CDBG funds, the selected firm or consultant must comply
with all federal laws, regulations, and requirements.
All questions regarding this RFP and the process thereof should be directed to
Mike Gibson, Senior Administrative Analyst, City of Rancho Palos Verdes, Public
Works Department, 30940 Hawthorne Blvd., Rancho Palos Verdes, CA 90275, (310)
544-5247.
A-3
M DG
ASSOCIATES • INC.
CITY OF RANCHO PALOS VERDES
PROPOSAL
ADMINISTRATIVE SERVICES FOR THE
COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) PROGRAM
Fiscal Years 2016-2019
CORPORATE HEADQUARTERS
10722 ARROW ROUTE, SUITE 822
RANCHO CUCAMONGA, CA 91730
TELEPHONE: 909/476-9696
FAX NO.: 909/ 476-6086
May 24, 2016
Mr. Mike Gibson
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
Dear Mr. Gibson:
MDG Associates, Inc. (MDG) is pleased to submit a proposal to provide consultant services for the
administration and technical assistance of the City's Community Development Block Grant program.
MDG, along with its affiliate, LDM Associates, Inc. (LDM), have been providing high-quality
services to municipal agencies, the U.S. Department of Housing and Urban Development (HUD) and
private clients for over 25 years. MDG's emphasis and capabilities are in the grants management of
HUD and Los Angeles County Community Development Commission funded Community Planning
and Development (CPD) Programs such as Community Development Block Grant (CDBG), HOME
Investment Partnerships (HOME) and Emergency Solutions Grant (ESG) in addition to one-time
entitlement grants such as the Neighborhood Stabilization Programs (NSP 1, 2 & 3) and the
Homelessness Prevention and Rapid Rehousing Program (HPRP). The firm provides administration
and/or implementation services for programs such as housing rehabilitation, commercial
rehabilitation, first time homebuyer and labor compliance (both State and Federal).
Our consulting team is comprised of highly qualified professional staff with expertise in all aspects
of CDBG Programs. Provided herewith, is the information requested in the Request for Proposal
(RFP). We hope our proposal conveys our firm's ability to provide the City with the services you are
looking for.
As requested in the RFP, you may contact me at the following address, telephone number or e-mail:
MDG Associates, Inc.
10722 Arrow Route, Suite 822
Rancho Cucamonga, CA 91730
(909) 476-9696
rmunoznmdg-ldm.com
If you have any questions regarding this matter, please do not hesitate to call me at your convenience.
Respectfully Submitted,
Rudy E. Munoz
President
CITY OF RANCHO PALOS VERDES
PROPOSAL
ADMINISTRATIVE SERVICES FOR COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM
TABLE OF CONTENTS
Section I.
Description of Firm, Qualifications, and Experience ................................................. 1
Section II.
Management and Staffing..............................................................................
Section III.
Scopeof Work.............................................................................................. 3
Section IV.
Budget and Schedule of Hourly Billing Rates......................................................... 4
Section V.
References................................................................................................... 4
Resumes of Key Personnel
MDG Associates, Inc. (MDG) was established in 1991 and has undergone steady growth since its
inception. MDG is a corporation registered in the State of California. MDG is a registered Minority
Business Enterprise (MBE) and a Small Disadvantaged Business (SDB/DBE). In response to our clients'
needs, MDG and its affiliate LDM Associates, Inc. (LDM) provide a wide variety of Community
Development consulting services including, but not limited to. Grants Management; Project Management;
Construction Management; Architectural Design; Urban Planning; and Labor Compliance Monitoring.
MDG Associates, Inc. is comprised of individuals with a wide variety of expertise including the services
specifically requested by the City. Currently, MDG has twenty-five (25) staff members. Thirteen (13) of
the 25 staff members are knowledgeable and experienced in the administration of CDBG, HOME, ESG,
and the CalHome Programs in addition to projects funded under these Programs.
MDG provides 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.
Grants Management:
MDG provides administration and implementation 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), CalHome, and Neighborhood Stabilization Programs (NSP). In addition, MDG implements
activities funded under the aforementioned programs such as Residential Rehabilitation, Commercial
Rehabilitation, and First -Time Homebuyer, Capital Improvement Project Management and Labor
Compliance Monitoring and Enforcement.
MDG staff maintains an excellent relationship with the local HUD office as well as at the headquarters
level (Washington D.C.). MDG staff currently provides technical assistance (TA) to grantees throughout
the country on behalf of HUD Headquarters through the OneCPD and Community Compass Programs.
This technical assistance is provided to states, counties, cities and other HUD funded grantees in
conjunction with the CDBG, HOME, and NSP programs. In addition, MDG staff has been proving
assistance to grantees through the HUD Resource Exchange Ask a Question (AAQ) program in the areas
of CDBG, HOME, Environmental Review, IDIS, and DRGR.
MDG and LDM are currently under contract with 18 cities and one (1) County with funds from HUD
totaling approximately $18.5 million dollars. The Cities include: Azusa, Claremont, Compton, Corona,
Duarte, Fontana, Hawthorne, Hesperia, Irvine, Lawndale, Newport Beach, Paramount, Palmdale, Rialto,
Redlands, Rancho Palos Verdes, Upland, and Walnut to administer or assist in the administration of
CDBG, HOME and/or ESG Programs. Twelve (12) of these cities are HUD entitlement cities and six (6)
are participating cities under the Los Angeles County Community Development Commission. In
addition, LDM and its affiliate MDG provide services to the cities of Baldwin Park and Riverside as well
as the County of Santa Barbara on specific tasks such as IDIS input, project monitoring, federal labor
standards (Davis -Bacon) compliance, monitoring CDBG/HOME and ESG grants, preparation of
Consolidated Plan/Action Plan, and the preparation of Consolidated Annual Performance and Evaluation
Report (CAPER).
P a gB157
Our staff is knowledgeable in a number of computer programs including all of the Microsoft Office
software, Microsoft Project, Adobe programs and AutoCAD. Our staff is fully trained in the use of all
required Federal, State and local online reporting databases, including but not limited to the Integrated
Disbursement and Information System (IDIS), Disaster Recovery Grant Reporting System (DRGR),
Homeless Management Information System (HMIS), Recovery Act Management and Performance
System (RAMPS), Performance and Accountability for Grants in Energy System (PAGE), HEROS
(Environmental Review Module), and FederalReporting.gov.
Housing Rehabilitation:
MDG along with its affiliate LDM are currently under contract with the Cities of Claremont, Carson,
Compton, Fontana, Hawthorne, Hesperia, Irvine, La Canada Flintridge, Palmdale, Paramount, Upland,
Walnut and Whittier for the management and implementation of their housing rehabilitation programs or
inspection services for their programs. Last year, the firm processed and completed the rehabilitation of
approximately 200 residential dwellings for 14 different cities. This includes the use of CDBG funds,
HOME funds, State HOME funds and CalHome funds.
Commercial Rehabilitation Program Administration and Implementation Experience:
During the past 15 years, our firm has been assisting cities in the administration and implementation of
their Commercial Rehabilitation Programs. During the past five (5) years, we have assisted eight (8)
Cities with the rehabilitation of approximately 55 commercial buildings. These included the Cities of
Carson, El Monte, Hawthorne, Lawndale, Paramount, Redlands, Rialto and Upland in the
implementation of their Commercial Rehabilitation Programs. In addition, we are in the process of
setting up two (2) new programs for the Cities of Buena Park and Hesperia. The level of service
requested by each City differs, however in most cases MDG provides the administration and
implementation services including inspection, design services, project management and Davis -Bacon
Compliance monitoring.
Section 3:
Our staff is experienced in the implementation of the Section 3 employment, contracting and training
requirements. Currently, MDG, along with its affiliate LDM, monitors labor compliance activities on 15
projects with a combined construction value of over $12.5 million. Of these projects, ten (10) are
Section 3 -covered projects with contracts in excess of $100,000.
Labor Compliance (Davis -Bacon Act):
We are currently under contract to provide Labor Compliance services to the cities of Azusa, Compton,
Corona, Duarte, Fontana, Irvine, Lawndale, Newport Beach, Paramount, Redlands, Rialto, Torrance,
Walnut and Upland. Our typical scope of work includes preparation and review of bid documents for
compliance with Federal labor standards and requirements including Davis -Bacon and Related Acts,
Section 3, and DOL regulations; attend pre -construction meeting and present information on Davis -
Bacon and Section 3 requirements; review submitted bid documents for compliance; establish and
maintain contractor and subcontractor labor files; conduct employee field interviews and document
posting compliance; reconcile weekly certified payroll reports and supporting documentation; monitor
contractors for Section 3 accomplishments; compile and submit labor standards and related reports to
CDC; schedule labor compliance file reviews prior to release of retention funds; and address and resolve
any underpayment or deficiency issues.
P a g B 267
SECTION II. MANAGEMENT AND STAFFING
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 Claremont, Lawndale and
Walnut. These Cities are LACDC administered programs. Ms. Luis has been administering CDBG
Programs as member of MDG Associates for the past fifteen 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.
COMMUNICATION WITH CITY STAFF
MDG proposes to provide service on-site and at its off-site office as required by the City. We anticipate
becoming an extension of City staff and would provide flexible scheduling which meets the needs ofthe
City. In addition, we will make ourselves available during non-scheduled hours should the need arise by
providing staff with our cell phone numbers.
SECTION III. SCOPE OF WORK
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 on-line "Agreements to Implement" annual Community Development Block Grant
(CDBG) Programs with the Los Angeles County Community Development Commission
(LACDC), including project descriptions and budgets.
• Prepare and process amendments to the "Agreements to Implement" for ongoing projects.
• Coordinate with City staff to gather all necessary documentation for LACDC program
monitoring and audit preparation.
• Prepare and complete LACDC and U.S. Department of Housing and Urban
Development (HUD) reports and documents.
• Provide CDBG financial management assistance.
Pa -8377
• Provide Davis -Bacon (prevailing wages) and HUD/Section 3 monitoring for construction
projects, as applicable.
• Act as the City's liaison and representative to the LACDC.
• Ensure compliance with all applicable federal, state, and local laws, rules, regulations, and
policies.
SECTION IV. BUDGET AND SCHEDULE OF HOURLY BILLING RATES
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 approximately a not -to -exceed amount of $28,400 (pending LACDC final
allocation).
SECTION V. REFERENCES
HUD Entitlement Cities:
City of Irvine - Mr. Steve Holtz, Housing; Administrator
Services Provided: CDBG/HOME/CDBG-R/HPRP Program Administration and Technical Assistance;
Redevelopment Consultation; CDBG and HOME funded Housing Rehabilitation Program Implementation;
Analysis of Impediments to Fair Housing (AI); Consolidated Plan/Action Plan/CAPER preparation; Davis -
Bacon and Section 3 Compliance.
Date of Contract: 2001 to Present
Phone Number: (949) 724-7452; email address: sholtzkci.irvine.ca.us
City of Upland - Liz Chavez, Housing Manager
Services Provided: CDBG Program Technical Assistance; Ca1HOME and RDA funded Housing
Rehabilitation Program Implementation (4 separate programs); RDA funded Commercial Rehabilitation
Program Implementation; Ca1HOME and RDA funded Homebuyer Assistance Program;
Project/Construction Management; Davis -Bacon and Section 3 Compliance; Analysis of Impediments;
Planning Services; Analysis of Impediments to Fair Housing (Al); Consolidated Plan/Action Plan/CAPER
preparation; affordable housing monitoring.
Date of Contract: 2004 to Present
Phone Number: (909) 931-4148; email address: lchavez e,ci.upland.ca.us
City of Paramount — Karina Lam Liu, Finance Director
Services Provided: CDBG/CDBG-R/NSP/HOME Program Administration; Redevelopment Consultation;
CDBG and HOME funded Housing Rehabilitation and Commercial Rehabilitation Program
Implementation; Homebuyer Assistance Program; Analysis of Impediments to Fair Housing (Al);
-� o
Consolidated Plan/Action Plan/CAPER preparation; 5 Year Implementation Plan (Redevelopment); Davis -
Bacon Compliance; and affordable housing monitoring.
Dates of Contract: 2003 to Present
Phone Number: (562) 220-2210; email address: KlamkParamountCitcom
City of Hawthorne — Mari Guerrero, CDBG/HOME Coordinator
Services Provided: CDBG/HOME Program Administration and Technical Assistance; CDBG and HOME
funded Housing Rehabilitation Program Implementation; RDA funded Commercial Rehabilitation Program
Implementation; Analysis of Impediments to Fair Housing (Al); Consolidated Plan/Action Plan/CAPER
preparation.
Date of Contract: 2002 to 2010 and 2014 to Present
Phone Number: (310) 349-2976; email address: mguerrerokcityofhawthorne.org
City of Fontana — David Edgar, Deputy City Manager
Services Provided: CDBG/HOME/CDBG-R/NSP Program TA; Analysis of Impediments to Fair Housing
(AI); Consolidated Plan/Action Plan/CAPER preparation; Davis-Bacon/Section 3 Compliance; Policies and
Procedures for FTHB and Hosing Rehabilitation Programs
Date of Contract: 2009 to Present
Contact Person: Phone Number: (909) 350-6739; email address: de_garkfontana.org
City of Rialto — Mike Story, City Administrator
150 S. Palm Avenue, Rialto, CA 92376
Services Provided: CDBG Program Administration; CDBG-R Program Administration; NSP 1 and NSP3
Program Administration; Homelessness Prevention and Rapid Rehousing (HPRP) Program
Administration; Commercial Rehabilitation Program Implementation; Project/Construction
Management; Davis -Bacon; Consolidated Plan/Action Plan/Analysis of Impediments/CAPER
preparation.
Date of Contract: 2000 to Present
Contact Person: Phone Number (909) 820-2689; e-mail address: Administration@rialtoca.gov
LACDC Urban County Cities:
City of Claremont — Jamie Harvey, Management Analyst
Services Provided: CDBG Program Administration (Urban County with LACDC); CDBG funded
Housing Rehabilitation Program implementation; public service program technical assistance; Davis -
Bacon and Section 3 Compliance.
Date of Contract: 2010 to Present
Phone Number (909) 399-5473; email address: jharveykci.claremont.ca.us
City of Walnut - Tom Weiner, Community Development Director
Services Provided: CDBG Program Administration (Urban County with LACDC); CDBG funded
Housing Rehabilitation Program implementation; public service program technical assistance; Davis-
PagB597
Bacon and Section 3 Compliance.
Date of Contract: 2000 to Present
Phone Number (909) 595-7543; email address: tweinerkci.walnut.ca.us
City of Lawndale - Chris Wilson, Acting Community Development Manager
Services Provided: CDBG Program Administration (Urban County with LACDC); public service
program technical assistance; Davis -Bacon and Section 3 Compliance.
Date of Contract: 2000 to Present
Phone Number (310) 973-3240; email address: cwilson@lawndalecity.org
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EXHIBIT "A"
SCHEDULE OF HOURLY BILLING RATES
Rates effective as of July 1, 2016 through June 30, 2019
STAFF PERSON:
President
Vice President
Manager
Senior Associate
Associate
Senior Project Assistant
Project Assistant
Secretary
HOURLY RATE:
$105.00/Hr
$100.00/Hr
$95.00/Hr
$85.00/Hr
$75.00/Hr
$65.00/Hr
$55.00/Hr
$40.00/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
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RESUMES OF KEY PERSONNEL
MDG
ASSOC IATE S • INC.
B-12
Rudy E. Munoz
President
PROFESSIONAL EXPERIENCE:
MDG Associates, Inc. — Rancho Cucamonga, CA
President: 1991 - Present
Founder and President of MDG Associates, Inc., a community development consulting firms
specializing in administration and implementation services to a number of municipal agencies.
Over 30 years of experience in the community development field that includes strategic
development of implementation tools to facilitate the management of programs, classroom training,
administration and implementation of programs and designing programs for state, county and local
governments.
Specializes in the oversight of U.S. Housing and Urban Development (HUD) programs to
government agencies as well as HUD technical services providers under the OneCPD and
Community Compass Technical Assistance program. The services to government agencies include
providing day-to-day administration services for the Community Development Block Grant (CDBG),
Home Investment Partnerships Act (HOME), Neighborhood Stabilization Program (NSP), and
Homelessness Prevention and Rapid Rehousing Programs (HPRP). Responsible for designing,
developing, administering, and implementing housing rehabilitation, commercial rehabilitation, and
First Time Homebuyer programs for a number of grantees in Southern California.
Services provided to HUD service providers includes HOME and CDBG Program technical
assistance; training on the Disaster Recovery and Grant Reporting (DRGR) system, Basically CDBG,
e -Con Planning Suite and CPD Maps. Part of HUDs Ask a Question (AAQ) team for the DRGR
reporting system, HOME Program, and the IDIS Reporting system in addition to being a part of
HUD's Policy and Procedure Work Group responsible for developing policy and procedures for
CPD Programs.
Has provided training and technical assistance (TA) through HUD service providers to the
Commonwealth of Puerto Rico in Spanish. This includes the translation of CPD training materials,
checklists, and training slides in Spanish.
City of Huntington Park — Huntington Park, CA
Ass. Director of Comm. Development/Redevelopment: 1987 — 1991
Assisted the Director of Community Development in the administration of the department. Directly
responsible for the day-to-day administration and management of municipal staff on the CDBG and
HOME programs, current and advanced planning functions and code enforcement activities. Acted
as Secretary to the City's Planning Commission.
City of Bell — Bell, CA
City Planner: 1986 — 1987
Under the direction of the Community Development Director, administered the City's current and
advanced planning activities, assisted in the development of a new General Plan. Responsible for
reviewing and processing Subdivision Review, Zoning Review, Environmental Review, and Design
Review functions. Responsible for the administration of the CDBG Program funded through the
Urban County Program.
■ MDG ASSOCIATES, INC. ■
B-13
Rudy E. Munoz
Pg. 2
City of Montclair - Montclair, CA
Associate Planner (started as Assist. Planner): 1985 - 1986
Assisted in the daily planning functions including, California Environmental Quality Act (CEQA)
review, Design Review, Subdivisions, Annexations, Development proposals. Responsible for
reviewing and processing Zone Changes, Variances, Conditional Use Permits, and other
entitlements.
Booth -Good Architects: Walnut, CA
Project Assistant 1982-1985
Under the direction of the Project Architect, assisted in the design development, and preparation of
construction drawings for a variety of building types including single family residential, multi -family
residential and commercial developments.
EDUCATION:
Bachelor of Architecture (5 -Year Degree)
California State Polytechnic University, Pomona
AFFILIATIONS/ REGISTRATIONS:
ICBO - International Conference of Building Officials
NAHRO- National Association of Housing and Redevelopment Officials
AIA - Prior Associate member of the American Institute of Architects
Licensed State General Contractor - California License No.681042
ICBO - Earthquake Retrofit of Wood Frame Homes Certification
Certified HOME Program Regulations, HUD (Technical Assistance Provider)
■ MDG ASSOCIATES, INC. ■ B-14
Esther Luis
Manager
PROFESSIONAL EXPERIENCE:
MDG/LDM Associates, Inc. - Manager
Responsible for the administration and implementation of CDBG Programs and activities funded
with CDBG, HOME and CRA fund including but not limited to housing and commercial
rehabilitation programs. Assist in the preparation of Five -Year Consolidated Plans, Analysis of
Impediments to Fair Housing Choice (Al), Annual Action Plans and Consolidated Annual
Performance and Evaluation Reports in connection with U.S. Department of Housing and Urban
Development (HUD) programs. Serves as the lead consultant with assigned clients and is
responsible to coordinate the work of assigned consultants to ensure work flow efficiency and
quality. Provide technical assistance to Cities to enhance their capacity in the administration of
federal and state grant programs
Community Development Commission County of Los Angeles — Development Specialist I
Responsible for monitoring Cities, Community Based Organizations (CBO's) and County
Departments to ensure compliance with Community Development Block Grant (CDBG)
regulations; provided technical assistance to CDBG grant recipients in identifying appropriate
systems that can be implemented to meet CDBG requirements; reviewed and responded to
eligibility inquires for proposed CDBG projects; provided CDBG compliance training to grant
recipients; reviewed construction projects for compliance with Davis -Bacon requirements; and
prepared recommendations for corrective actions.
Community Development Commission County of Los Angeles — Program Specialist
Reviewed applications for subsidized housing from Community Based Organizations (CBO's)
serving the homeless and low-income persons with HIV or AID's; negotiated lease contracts
with private owners; verified tenant eligibility using files and computer-based records; resolved
disputes between owners, tenants and the Housing Authority; counseled tenants with regard to
housing and economic concerns; maintained files and records; and provided program
information to the public.
EDUCATION:
Bachelor of Arts — Sociology/Business Administration
University of California, Los Angeles (UCLA)
TECHNICAL SKILLS:
Computer Skills: Microsoft Office (Word, Excel, PowerPoint, Outlook) and Window Operating
Systems. Bilingual/Bi-literate - Fluent in Spanish
AFFILIATIONS/REGISTRATIONS:
Notary Public for the State of California
■ MDG ASSOCIATES, INC. ■
B-15
Miguel Ramirez
Senior Associate
PROFESSIONAL EXPERIENCE:
MDG/LDM Associates, Inc. — Senior Associate
Responsible for the administration and implementation of residential and commercial rehabilitation
programs funded with Community Development Block Grant (CDBG) and Redevelopment funds.
Responsibilities include reviewing applications for participation in rehabilitation programs to assure
compliance with CDBG and HOME Programs. The rehabilitation programs responsibilities include
coordinating rehabilitation inspections, maintaining applicant files current, preparing bid packages,
reviewing bids, preparing contractor agreements, processing progress and final payments, and
processing/recording the Notice of Completion. Mr. Ramirez is also responsible for Davis -Bacon
Act (labor compliance) monitoring of projects for a number of Cities in Southern California.
City of Lawndale — Housing Specialist
Responsible for the day-to-day operations of the Community Development Block Grant (CDBG)
Program and for the oversight of all projects funded with CDBG funds such as Code Enforcement,
Graffiti Removal, Senior Nutrition, Residential Rehabilitation, and the City Hall ADA Renovation.
Administered the operation of the Commercial Rehabilitation Program and coordinated the
implementation of the Section 8 Housing program with the County of Los Angeles. Supervised,
scheduled, assigned, and evaluated the work of subordinates and consultants. Monitored all
CDBG funded capital improvement projects including labor compliance and Section 3
requirements. Inspected commercial and residential structures for zoning and Uniform Building
Code compliance. Prepared reports and conducted presentations to the Planning Commission
and City Council.
City of La Puente — Rehabilitation Grant Specialist
Responsible for the implementation of the Housing and Commercial Rehabilitation Program and
the Youth Activities Grant Program. Inspected commercial and residential structures in
conjunction with the rehabilitation programs. Determined eligibility for loan and grant applicants.
Prepared monthly Housing and Commercial Reports and Council Agenda Reports. Assisted at the
planning counter.
The Holt Group - Associate Planner
Responsible for the administration of the Housing Rehabilitation Program for a contract City.
Coordinated and processed applicants under state and federal guidelines for CDBG/USDA grants.
Monitored loans and worked with other staff members in managing construction projects and
designing residential projects. Inspected structures for zoning compliance, collected and analyzed
data for income and housing conditions.
EDUCATION:
Bachelor of Science — Urban and Regional Planning
California State Polytechnic University at Pomona
Associate of Science — Architectural Design
Long Beach City College — Long Beach, California
TECHNICAL SKILLS:
Computer Skills: Knowledge of MacOs and Windows Operating systems, AutoCAD, Microsoft
Office (Word, Excel, Power Point, and Publisher), and Clarisworks. Bilingual: English/Spanish
■ MDG ASSOCIATES, INC. ■ B-16
Sean Rogan
Executive Director
July 11, 2016
COMMUNITY DEVELOPMENT COMMISSION Hilda L. Solis
Mark Ridley-Thomas
of the County of Los Angeles Sheila Kuehl
700 W. Main Street • Alhambra, CA 91801 Don Knabe
Michael D. Antonovich
Tel: 626.262.451 1 • TDD: 626.943.3898 • www.lacdc.org Commissioners
Michael J. Gibson, Senior Administrative Analyst
City of Rancho Palos Verdes
Public Works Department
30940 Hawthorne Boulevard
Rancho Palos Verdes, CA 90275-5351
Dear Mr. Gibson:
RECEIVED
C91y of Rancho PaIDSVendes
JUL 18 60115
PUEI,IOWORKSDEPARTMENI
REQUEST TO APPROVE A NON-COMPETITIVE PROCUREMENT FOR
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDED PROJECTS
(NO. 601734-15 AND 601795-16)
This responds to your letter dated June 30, 2016, requesting approval of a non-competitive procurement for
MDG-LDM Associates for your CDBG-funded ADA Access Improvements - Del Cerro Park/Burma Road
Entrance to PV Nature Preserve (No. 601734-15) and ADA Access Improvements - Bus Stop Adjacent to City
Hall/Civic Center Complex (No. 601795-16) projects, respectively. Your request was based on the lack of
adequate responses to the City's Request for Proposals (RFP) process.
Your request is approved, based on our review and consideration of the following declarations and supporting
documentation submitted with your June 30th letter:
1. On April 26, 2016, the City requested proposals from nine (9) consulting firms for CDBG consultant
services.
2. On May 27, 2016, the City received one proposal from MDG-LDM Associates, Inc. in response to
the RFP.
3. On June 3, 2016, the City followed up with the same nine (9) consulting firms from which proposals
were solicited, extending the RFP deadline to June 8, 2016.
4. Once again, no additional responses were received except for the one from MDG-LDM Associates,
Inc..
5. On June 9, 2016, the City contacted the eight (8) non-responsive firms to inquire if they received the
RFP package and if so, the reasons for no response.
6. The collective response from the eight (8) non-responsive firms was that, at this time, they were not
interested in submitting a proposal for CDBG consultant services for the City.
We Baild Better Lives 0
OL-Better Neighborhoods C-1
Michael J. Gibson, Senior Administrative Analyst
July 11, 2016
Page 2
7. The City's RPP, enclosed in its June 30, 2016 letter, demonstrated that the process was fair and open
and free from any conditions that may have disqualified a request for non-competitive procurement
approval.
Since it is already the start of this current Program Year (PY) and further delay in procurement would
detrimentally impact service delivery for the residents of the City of Rancho Palos Verdes, as well as project
expenditure and goal accomplishment rates, upon receipt of this approval for non-competitive procurement,
please proceed with the procurement for MDG-LDM Associates, Inc.
I look forward to your progress towards timely and successful completion of your project. Should you have
any questions, please contact your Program Manager, Jeffrey Bache, at (626) 586-1719 or
Jeffrey.badre@lacdc.org.
Sincerely
ANGEI CA CONTRERAS, Manager
Corninunity Development Division — Grants Management Unit
nc:IB:ab
I AGNiU COMMON\PLAIT\TE ANIB\Rancho Palos Verdes NonCompProc 7.6.16.doc
C-2
PROFESSIONAL SERVICES AGREEMENT
By and Between
CITY OF RANCHO PALOS VERDES
and
MDG-LDM ASSOCIATES, INC.
for
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
ADMINISTRATIVE SERVICES
-1-
D-1
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF RANCHO PALOS VERDES
AND MDG-LDM ASSOCIATES, INC.
THIS AGREEMENT FOR CONTRACT SERVICES (herein "Agreement") is made and
entered into this 17th day of August, 2016 by and between the City of Rancho Palos Verdes, a
California municipal corporation ("City") and MDG-LDM Associates, Inc. ("Consultant"). City
and Consultant are sometimes hereinafter individually referred to as "Party" and hereinafter
collectively referred to as the "Parties".
RF.f 1TAT.0
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the
performance of the services defined and described particularly in Article 1 of this Agreement.
B. Consultant, following submission of a proposal or bid for the performance of the
services defined and described particularly in Article 1 of this Agreement, was selected by the
City to perform those services.
C. Pursuant to the City of Rancho Palos Verdes' Municipal Code, City has authority
to enter into and execute this Agreement.
D. The Parties desire to formalize the selection of Consultant for performance of
those services defined and described particularly in Article 1 of this Agreement and desire that
the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by
the Parties and contained herein and other consideration, the value and adequacy of which are
hereby acknowledged, the parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, the Consultant shall
provide those services specified in the "Scope of Services" attached hereto as Exhibit "A" and
incorporated herein by this reference, which may be referred to herein as the "services" or
"work" hereunder. As a material inducement to the City entering into this Agreement,
Consultant represents and warrants that it has the qualifications, experience, and facilities
necessary to properly perform the services required under this Agreement in a thorough,
competent, and professional manner, and is experienced in performing the work and services
contemplated herein. Consultant shall at all times faithfully, competently and to the best of its
ability, experience and talent, perform all services described herein. Consultant covenants that it
shall follow the highest professional standards in performing the work and services required
- 2 - D-2
hereunder and that all materials will be both of good quality as well as fit for the purpose
intended. For purposes of this Agreement, the phrase "highest professional standards" shall
mean those standards of practice recognized by one or more first-class firms performing similar
work under similar circumstances.
1.2 Consultant's Proposal.
The Scope of Services shall include the Consultant's scope of work or bid which shall be
incorporated herein by this reference as though fully set forth herein. In the event of any
inconsistency between the terms of such proposal and this Agreement, the terms of this
Agreement shall govern.
1.3 Compliance with Law.
Consultant shall keep itself informed concerning, and shall render all services hereunder
in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any
Federal, State or local governmental entity having jurisdiction in effect at the time service is
rendered.
1.4 Licenses, Permits, Fees and Assessments.
Consultant shall obtain at its sole cost and expense such licenses, permits and approvals
as may be required by law for the performance of the services required by this Agreement.
Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus
applicable penalties and interest, which may be imposed by law and arise from or are necessary
for the Consultant's performance of the services required by this Agreement, and shall
indemnify, defend and hold harmless City, its officers, employees or agents of City, against any
such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City
hereunder.
1.5 Familiarity with Work.
By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly
investigated and considered the scope of services to be performed, (ii) has carefully considered
how the services should be performed, and (iii) fully understands the facilities, difficulties and
restrictions attending performance of the services under this Agreement. If the services involve
work upon any site, Consultant warrants that Consultant has or will investigate the site and is or
will be fully acquainted with the conditions there existing, prior to commencement of services
hereunder. Should the Consultant discover any latent or unknown conditions, which will
materially affect the performance of the services hereunder, Consultant shall immediately inform
the City of such fact and shall not proceed except at Consultant's risk until written instructions
are received from the Contract Officer.
1.6 Care of Work.
The Consultant shall adopt reasonable methods during the life of the Agreement to
furnish continuous protection to the work, and the equipment, materials, papers, documents,
plans, studies and/or other components thereof to prevent losses or damages, and shall be
responsible for all such damages, to persons or property, until acceptance of the work by City,
except such losses or damages as may be caused by City's own negligence.
- 3 - p_3
1.7 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective
obligations under this Agreement. Both parties agree to act in good faith to execute all
instruments, prepare all documents and take all actions as may be reasonably necessary to carry
out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible
for the service of the other.
1.8 Additional Services.
City shall have the right at any time during the performance of the services, without
invalidating this Agreement, to order extra work beyond that specified in the Scope of Services
or make changes by altering, adding to or deducting from said work. No such extra work may be
undertaken unless a written order is first given by the Contract Officer to the Consultant,
incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra
work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the
written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of
the Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred
eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either
separately or cumulatively, must be approved by the City Council. It is expressly understood by
Consultant that the provisions of this Section shall not apply to services specifically set forth in
the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services
to be provided pursuant to the Scope of Services may be more costly or time consuming than
Consultant anticipates and that Consultant shall not be entitled to additional compensation
therefor. City may in its sole and absolute discretion have similar work done by other
contractors. No claims for an increase in the Contract Sum or time for performance shall be
valid unless the procedures established in this Section are followed.
1.9 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof
are set forth in the "Special Requirements" attached hereto as Exhibit "B" and incorporated
herein by this reference. In the event of a conflict between the provisions of Exhibit "B" and any
other provisions of this Agreement, the provisions of Exhibit "B" shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the
amounts specified in the "Schedule of Compensation" attached hereto as Exhibit "C" and
incorporated herein by this reference. The total compensation, including reimbursement for
actual expenses, shall not exceed Twenty -Eight Thousand Four Hundred Dollars ($28,400.00)
(the "Contract Sum"), unless additional compensation is approved pursuant to Section 1.8.
2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion; (ii)
payment in accordance with specified tasks or the percentage of completion of the services, less
contract retention; (iii) payment for time and materials based upon the Consultant's rates as
-4- D-4
specified in the Schedule of Compensation, provided that (a) time estimates are provided for the
performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not
exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for
reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in
advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5,
and only if specified in the Schedule of Compensation. The Contract Sum shall include the
attendance of Consultant at all project meetings reasonably deemed necessary by the City.
Coordination of the performance of the work with City is a critical component of the services. If
Consultant is required to attend additional meetings to facilitate such coordination, Consultant
shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Consultant shall furnish to City an original invoice for all work performed
and expenses incurred during the preceding month in a form approved by City's Director of
Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying
compliance with all provisions of the Agreement. The invoice shall detail charges for all
necessary and actual expenses by the following categories: labor (by sub -category), travel,
materials, equipment, supplies, and sub -contractor contracts. Sub -contractor charges shall also
be detailed by such categories. Consultant shall not invoice City for any duplicate services
performed by more than one person.
City shall independently review each invoice submitted by the Consultant to determine
whether the work performed and expenses incurred are in compliance with the provisions of this
Agreement. Except as to any charges for work performed or expenses incurred by Consultant
which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause
Consultant to be paid within forty-five (45) days of receipt of Consultant's correct and
undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run
procedures, the City cannot guarantee that payment will occur within this time period. In the
event any charges or expenses are disputed by City, the original invoice shall be returned by City
to Consultant for correction and resubmission. Review and payment by City for any invoice
provided by the Consultant shall not constitute a waiver of any rights or remedies provided
herein or any applicable law.
2.5 Waiver.
Payment to Consultant for work performed pursuant to this Agreement shall not be
deemed to waive any defects in work performed by Consultant.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
- s - D-5
3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a
written notice to proceed and shall perform all services within the time period(s) established in
the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the
services rendered pursuant to this Agreement shall be extended because of any delays due to
unforeseeable causes beyond the control and without the fault or negligence of the Consultant,
including, but not restricted to, acts of God or of the public enemy, unusually severe weather,
fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes,
wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant
shall within ten (10) days of the commencement of such delay notify the Contract Officer in
writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of
delay, and extend the time for performing the services for the period of the enforced delay when
and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's
determination shall be final and conclusive upon the parties to this Agreement. In no event shall
Consultant be entitled to recover damages against the City for any delay in the performance of
this Agreement, however caused, Consultant's sole remedy being extension of the Agreement
pursuant to this Section.
3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement
shall continue in full force and effect until completion of the services but not exceeding June 30,
2017. In addition, there shall be two one-year options to renew this Agreement for FY 2017-18
and FY 2018-19, with the mutual consent of both parties, subject to approval by the City Council
prior to July 1 of each respective fiscal year.
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Consultant.
The following principals of Consultant ("Principals") are hereby designated as being the
principals and representatives of Consultant authorized to act in its behalf with respect to the
work specified herein and make all decisions in connection therewith:
Esther Luis
(Name)
Miguel Ramirez
(Name)
Rudy E. Munoz
(Name)
WON
Senior Associate
(Title)
Senior Associate
(Title)
President
(Title)
A e
It is expressly understood that the experience, knowledge, capability and reputation of the
foregoing principals were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principals shall be responsible during the term of this Agreement for
directing all activities of Consultant and devoting sufficient time to personally supervise the
services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be
under the exclusive direction and control of the Principals. For purposes of this Agreement, the
foregoing Principals may not be replaced nor may their responsibilities be substantially reduced
by Consultant without the express written approval of City. Additionally, Consultant shall utilize
only competent personnel to perform services pursuant to this Agreement. Consultant shall make
every reasonable effort to maintain the stability and continuity of Consultant's staff and
subcontractors, if any, assigned to perform the services required under this Agreement.
Consultant shall notify City of any changes in Consultant's staff and subcontractors, if any,
assigned to perform the services required under this Agreement, prior to and during any such
performance.
4.2 Status of Consultant.
Consultant shall have no authority to bind City in any manner, or to incur any obligation,
debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless
such authority is expressly conferred under this Agreement or is otherwise expressly conferred in
writing by City. Consultant shall not at any time or in any manner represent that Consultant or
any of Consultant's officers, employees, or agents are in any manner officials, officers,
employees or agents of City. Neither Consultant, nor any of Consultant's officers, employees or
agents, shall obtain any rights to retirement, health care or any other benefits which may
otherwise accrue to City's employees. Consultant expressly waives any claim Consultant may
have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be Mike Gibson, Senior Administrative Analyst, or Nicole
Jules, Deputy Director of Public Works, or such person as may be designated by the Director
of Public Works. It shall be the Consultant's responsibility to assure that the Contract Officer is
kept informed of the progress of the performance of the services and the Consultant shall refer
any decisions which must be made by City to the Contract Officer. Unless otherwise specified
herein, any approval of City required hereunder shall mean the approval of the Contract Officer.
The Contract Officer shall have authority, if specified in writing by the Director of Public Works,
to sign all documents on behalf of the City required hereunder to carry out the terms of this
Agreement.
4.4 Independent Consultant.
Neither the City nor any of its employees shall have any control over the manner, mode or
means by which Consultant, its agents or employees, perform the services required herein, except
as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or
control of Consultant's employees, servants, representatives or agents, or in fixing their number,
compensation or hours of service. Consultant shall perform all services required herein as an
independent contractor of City and shall remain at all times as to City a wholly independent
contractor with only such obligations as are consistent with that role. Consultant shall not at any
time or in any manner represent that it or any of its agents or employees are agents or employees
-7- D-7
of City. City shall not in any way or for any purpose become or be deemed to be a partner of
Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise
with Consultant.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals and
employees were a substantial inducement for the City to enter into this Agreement. Therefore,
Consultant shall not contract with any other entity to perform in whole or in part the services
required hereunder without the express written approval of the City. In addition, neither this
Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or
encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise,
without the prior written approval of City. Transfers restricted hereunder shall include the
transfer to any person or group of persons acting in concert of more than twenty five percent
(25%) of the present ownership and/or control of Consultant, taking all transfers into account on
a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy
proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or
any surety of Consultant of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages.
The Consultant shall procure and maintain, at its sole cost and expense, in a form and
content satisfactory to City, during the entire term of this Agreement including any extension
thereof, the following policies of insurance which shall cover all elected and appointed officers,
employees and agents of City:
(a) Commercial General Liability Insurance (Occurrence Form CG0001 or
equivalent). A policy of comprehensive general liability insurance written on a per occurrence
basis for bodily injury, personal injury and property damage. The policy of insurance shall be in
an amount not less than $1,000,000.00 per occurrence or if a general aggregate limit is used, then
the general aggregate limit shall be twice the occurrence limit.
(b) Worker's Compensation Insurance. A policy of worker's compensation
insurance in such amount as will fully comply with the laws of the State of California and which
shall indemnify, insure and provide legal defense for the Consultant against any loss, claim or
damage arising from any injuries or occupational diseases occurring to any worker employed by
or any persons retained by the Consultant in the course of carrying out the work or services
contemplated in this Agreement.
(c) Automotive Insurance (Form CA 0001 (Ed 1/87) including `any auto" and
endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance
written on a per occurrence for bodily injury and property damage in an amount not less than
$1,000,000. Said policy shall include coverage for owned, non -owned, leased, hired cars and any
automobile.
(d) Professional Liability. Professional liability insurance appropriate to the
Consultant's profession. This coverage may be written on a "claims made" basis, and must
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include coverage for contractual liability. The professional liability insurance required by this
Agreement must be endorsed to be applicable to claims based upon, arising out of or related to
services performed under this Agreement. The insurance must be maintained for at least 5
consecutive years following the completion of Consultant's services or the termination of this
Agreement. During this additional 5 -year period, Consultant shall annually and upon request of
the City submit written evidence of this continuous coverage.
(e) Subcontractors. Consultant shall include all subcontractors as insureds
under its policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall include all of the requirements stated
herein.
(f) Additional Insurance. Policies of such other insurance, as may be required
in the Special Requirements in Exhibit "B".
5.2 General Insurance Requirements.
All of the above policies of insurance shall be primary insurance and shall name the City,
its elected and appointed officers, employees and agents as additional insureds and any insurance
maintained by City or its officers, employees or agents may apply in excess of, and not
contribute with Consultant's insurance. The insurer is deemed hereof to waive all rights of
subrogation and contribution it may have against the City, its officers, employees and agents and
their respective insurers. Moreover, the insurance policy must specify that where the primary
insured does not satisfy the self-insured retention, any additional insured may satisfy the self-
insured retention.
All of said policies of insurance shall provide that said insurance may not be amended or
cancelled by the insurer or any party hereto without providing thirty (30) days prior written notice
by certified mail return receipt requested to the City. In the event any of said policies of
insurance are cancelled, the Consultant shall, prior to the cancellation date, submit new evidence
of insurance in conformance with Section 5.1 to the Contract Officer.
No work or services under this Agreement shall commence until the Consultant has
provided the City with Certificates of Insurance, additional insured endorsement forms or
appropriate insurance binders evidencing the above insurance coverages and said Certificates of
Insurance or binders are approved by the City. City reserves the right to inspect complete,
certified copies of and endorsements to all required insurance policies at any time. Any failure to
comply with the reporting or other provisions of the policies including breaches or warranties
shall not affect coverage provided to City.
All certificates shall name the City as additional insured (providing the appropriate
endorsement) and shall conform to the following "cancellation" notice:
CANCELLATION:
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATED THEREOF, THE ISSUING COMPANY SHALL MAIL
THIRTY (30) -DAY ADVANCE WRITTEN NOTICE TO CERTIFICATE HOLDER
NAMED HEREIN.
[to be initialed]
Consultant Initials
City, its respective elected and appointed officers, directors, officials, employees, agents
and volunteers are to be covered as additional insureds as respects: liability arising out of
activities Consultant performs; products and completed operations of Consultant; premises
owned, occupied or used by Consultant; or any automobiles owned, leased, hired or borrowed by
Consultant. The coverage shall contain no special limitations on the scope of protection afforded
to City, and their respective elected and appointed officers, officials, employees or volunteers.
Consultant's insurance shall apply separately to each insured against whom claim is made or suit
is brought, except with respect to the limits of the insurer's liability.
Any deductibles or self-insured retentions must be declared to and approved by City. At
the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured
retentions as respects City or its respective elected or appointed officers, officials, employees and
volunteers or the Consultant shall procure a bond guaranteeing payment of losses and related
investigations, claim administration, defense expenses and claims. The Consultant agrees that
the requirement to provide insurance shall not be construed as limiting in any way the extent to
which the Consultant may be held responsible for the payment of damages to any persons or
property resulting from the Consultant's activities or the activities of any person or persons for
which the Consultant is otherwise responsible nor shall it limit the Consultant's indemnification
liabilities as provided in Section 5.3.
In the event the Consultant subcontracts any portion of the work in compliance with
Section 4.5 of this Agreement, the contract between the Consultant and such subcontractor shall
require the subcontractor to maintain the same policies of insurance that the Consultant is
required to maintain pursuant to Section 5. 1, and such certificates and endorsements shall be
provided to City.
5.3 Indemnification.
To the full extent permitted by law, Consultant agrees to indemnify, defend and hold
harmless the City, its officers, employees and agents ("Indemnified Parties") against, and will
hold and save them and each of them harmless from, any and all actions, either judicial,
administrative, arbitration or regulatory claims, damages to persons or property, losses, costs,
penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein "claims
or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in
connection with the negligent performance of the work, operations or activities provided herein
of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or
entity for which Consultant is legally liable ("indemnitors"), or arising from Consultant's or
indemnitors' reckless or willful misconduct, or arising from Consultant's or indemnitors'
negligent performance of or failure to perform any term, provision, covenant or condition of this
Agreement, and in connection therewith:
(a) Consultant will defend any action or actions filed in connection with any
of said claims or liabilities and will pay all costs and expenses, including legal costs and
attorneys' fees incurred in connection therewith;
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(b) Consultant will promptly pay any judgment rendered against the City, its
officers, agents or employees for any such claims or liabilities arising out of or in connection
with the negligent performance of or failure to perform such work, operations or activities of
Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and
employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to
any action or proceeding filed or prosecuted against Consultant for such damages or other claims
arising out of or in connection with the negligent performance of or failure to perform the work,
operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers,
agents or employees, any and all costs and expenses incurred by the City, its officers, agents or
employees in such action or proceeding, including but not limited to, legal costs and attorneys'
fees.
Consultant shall incorporate similar indemnity agreements with its subcontractors and if
it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and
failure of City to monitor compliance with these provisions shall not be a waiver hereof. This
indemnification includes claims or liabilities arising from any negligent or wrongful act, error or
omission, or reckless or willful misconduct of Consultant in the performance of professional
services hereunder. The provisions of this Section do not apply to claims or liabilities occurring
as a result of City's sole negligence or willful acts or omissions, but, to the fullest extent
permitted by law, shall apply to claims and liabilities resulting in part from City's negligence,
except that design professionals' indemnity hereunder shall be limited to claims and liabilities
arising out of the negligence, recklessness or willful misconduct of the design professional. The
indemnity obligation shall be binding on successors and assigns of Consultant and shall survive
termination of this Agreement.
5.4 Sufficiency of Insurer.
Insurance required by this Agreement shall be satisfactory only if issued by companies
qualified to do business in California, rated "A" or better in the most recent edition of Best
Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial
category Class VII or better, unless such requirements are waived by the Risk Manager of the
City ("Risk Manager") due to unique circumstances. If this Agreement continues for more than 3
years duration, or in the event the risk manager determines that the work or services to be
performed under this Agreement creates an increased or decreased risk of loss to the City, the
Consultant agrees that the minimum limits of the insurance policies may be changed accordingly
upon receipt of written notice from the Risk Manager.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Consultant shall keep, and require subcontractors to keep, such ledgers, books of
accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the
disbursements charged to City and services performed hereunder (the "books and records"), as
shall be necessary to perform the services required by this Agreement and enable the Contract
Officer to evaluate the performance of such services. Any and all such documents shall be
maintained in accordance with generally accepted accounting principles and shall be complete
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and detailed. The Contract Officer shall have full and free access to such books and records at all
times during normal business hours of City, including the right to inspect, copy, audit and make
records and transcripts from such records. Such records shall be maintained for a period of three
(3) years following completion of the services hereunder, and the City shall have access to such
records in the event any audit is required. In the event of dissolution of Consultant's business,
custody of the books and records may be given to City, and access shall be provided by
Consultant's successor in interest. Notwithstanding the above, the Consultant shall fully
cooperate with the City in providing access to the books and records if a public records request is
made and disclosure is required by law including but not limited to the California Public Records
Act.
6.2 Reports.
Consultant shall periodically prepare and submit to the Contract Officer such reports
concerning the performance of the services required by this Agreement as the Contract Officer
shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost
of work and services to be performed pursuant to this Agreement. For this reason, Consultant
agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that
may or will materially increase or decrease the cost of the work or services contemplated herein
or, if Consultant is providing design services, the cost of the project being designed, Consultant
shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the
estimated increased or decreased cost related thereto and, if Consultant is providing design
services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes,
computer files, reports, records, documents and other materials (the "documents and materials")
prepared by Consultant, its employees, subcontractors and agents in the performance of this
Agreement shall be the property of City and shall be delivered to City upon request of the
Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim
for further employment or additional compensation as a result of the exercise by City of its full
rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any
use, reuse or assignment of such completed documents for other projects and/or use of
uncompleted documents without specific written authorization by the Consultant will be at the
City's sole risk and without liability to Consultant, and Consultant's guarantee and warranties
shall not extend to such use, reuse or assignment. Consultant may retain copies of such
documents for its own use. Consultant shall have the right to use the concepts embodied therein.
All subcontractors shall provide for assignment to City of any documents or materials prepared
by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify
City for all damages resulting therefrom. Moreover, Consultant with respect to any documents
and materials that may qualify as "works made for hire" as defined in 17 U.S.C. § 101, such
documents and materials are hereby deemed "works made for hire" for the City.
6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant
in performance of this Agreement shall be considered confidential, unless such information is in
the public domain or already known to Consultant. Consultant shall not release or disclose any
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such information or work product to persons or entities other than City without prior written
authorization from the Contract Officer.
(b) Consultant, its officers, employees, agents or subcontractors,
shall not, without prior written authorization from the Contract Officer or unless requested by the
City Attorney, voluntarily provide documents, declarations, letters of support, testimony at
depositions, response to interrogatories or other information concerning the work performed
under this Agreement. Response to a subpoena or court order shall not be considered "voluntary"
provided Consultant gives City notice of such court order or subpoena.
(c) If Consultant, or any officer, employee, agent or subcontractor of
Consultant, provides any information or work product in violation of this Agreement, then City
shall have the right to reimbursement and indemnity from Consultant for any damages, costs and
fees, including attorneys fees, caused by or incurred as a result of Consultant's conduct.
(d) Consultant shall promptly notify City should Consultant, its
officers, employees, agents or subcontractors be served with any summons, complaint, subpoena,
notice of deposition, request for documents, interrogatories, request for admissions or other
discovery request, court order or subpoena from any party regarding this Agreement and the work
performed there under. City retains the right, but has no obligation, to represent Consultant or be
present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully
with City and to provide City with the opportunity to review any response to discovery requests
provided by Consultant. However, this right to review any such response does not imply or mean
the right by City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to
performance of the parties in accordance with the laws of the State of California. Legal actions
concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be
instituted in the Superior Court of the County of Los Angeles, State of California, or any other
appropriate court in such county, and Consultant covenants and agrees to submit to the personal
jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District
Court, venue shall lie exclusively in the Central District of California, in the County of Los
Angeles, State of California.
7.2 Disputes; Default.
In the event that Consultant is in default under the terms of this Agreement, the City shall
not have any obligation or duty to continue compensating Consultant for any work performed
after the date of default. Instead, the City may give notice to Consultant of the default and the
reasons for the default. The notice shall include the timeframe in which Consultant may cure the
default. This timeframe is presumptively thirty (30) days, but may be extended, though not
reduced, if circumstances warrant. During the period of time that Consultant is in default, the
City shall hold all invoices and shall, when the default is cured, proceed with payment on the
invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the
outstanding invoices during the period of default. If Consultant does not cure the default, the
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City may take necessary steps to terminate this Agreement under this Article. Any failure on the
part of the City to give notice of the Consultant's default shall not be deemed to result in a waiver
of the City's legal rights or any rights arising out of any provision of this Agreement.
7.3 Retention of Funds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant
(whether or not arising out of this Agreement) (i) any amounts the payment of which may be in
dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or
damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by
reason of Consultant's acts or omissions in performing or failing to perform Consultant's
obligation under this Agreement. In the event that any claim is made by a third party, the amount
or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear
to be the basis for a claim of lien, City may withhold from any payment due, without liability for
interest because of such withholding, an amount sufficient to cover such claim. The failure of
City to exercise such right to deduct or to withhold shall not, however, affect the obligations of
the Consultant to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this
Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by
any party of any breach of the provisions of this Agreement shall not constitute a waiver of any
other provision or a waiver of any subsequent breach or violation of any provision of this
Agreement. Acceptance by City of any work or services by Consultant shall not constitute a
waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any
right or remedy by a non -defaulting party on any default shall impair such right or remedy or be
construed as a waiver. Any waiver by either party of any default must be in writing and shall not
be a waiver of any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this
Agreement, the rights and remedies of the parties are cumulative and the exercise by either party
of one or more of such rights or remedies shall not preclude the exercise by it, at the same or
different times, of any other rights or remedies for the same default or any other default by the
other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in
equity, to cure, correct or remedy any default, to recover damages for any default, to compel
specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain
any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary
provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections
905 et. seq. and 910 et. seq., in order to pursue a legal action under this Agreement.
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7.7 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided
in the following Section for termination for cause. The City reserves the right to terminate this
Contract at any time, with or without cause, upon thirty (30) days' written notice to Consultant,
except that where termination is due to the fault of the Consultant, the period of notice may be
such shorter time as may be determined by the Contract Officer. In addition, the Consultant
reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60)
days' written notice to City, except that where termination is due to the fault of the City, the
period of notice may be such shorter time as the Consultant may determine. Upon receipt of any
notice of termination, Consultant shall immediately cease all services hereunder except such as
may be specifically approved by the Contract Officer. Except where the Consultant has initiated
termination, the Consultant shall be entitled to compensation for all services rendered prior to the
effective date of the notice of termination and for any services authorized by the Contract Officer
thereafter in accordance with the Schedule of Compensation or such as may be approved by the
Contract Officer, except as provided in Section 7.3. In the event the Consultant has initiated
termination, the Consultant shall be entitled to compensation only for the reasonable value of the
work product actually produced hereunder. In the event of termination without cause pursuant to
this Section, the terminating party need not provide the non -terminating party with the
opportunity to cure pursuant to Section 7.2.
7.8 Termination for Default of Consultant.
If termination is due to the failure of the Consultant to fulfill its obligations under this
Agreement, City may, after compliance with the provisions of Section 7.2, take over the work
and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable
to the extent that the total cost for completion of the services required hereunder exceeds the
compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate
such damages), and City may withhold any payments to the Consultant for the purpose of set-off
or partial payment of the amounts owed the City as previously stated.
7.9 Attorneys' Fees.
If either party to this Agreement is required to initiate or defend or made a party to any
action or proceeding in any way connected with this Agreement, the prevailing party in such
action or proceeding, in addition to any other relief which may be granted, whether legal or
equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's
fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other
reasonable costs for investigating such action, taking depositions and discovery and all other
necessary costs the court allows which are incurred in such litigation. All such fees shall be
deemed to have accrued on commencement of such action and shall be enforceable whether or
not such action is prosecuted to judgment.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non -liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Consultant, or any
successor in interest, in the event of any default or breach by the City or for any amount which
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may become due to the Consultant or to its successor, or for breach of any obligation of the terms
of this Agreement.
8.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall
acquire any interest, directly or indirectly, which would conflict in any manner with the interests
of City or which would in any way hinder Consultant's performance of services under this
Agreement. Consultant further covenants that in the performance of this Agreement, no person
having any such interest shall be employed by it as an officer, employee, agent or subcontractor
without the express written consent of the Contract Officer. Consultant agrees to at all times
avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City
in the performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or indirect, in
this Agreement nor shall any such officer or employee participate in any decision relating to the
Agreement which affects her/his financial interest or the financial interest of any corporation,
partnership or association in which (s)he is, directly or indirectly, interested, in violation of any
State statute or regulation. The Consultant warrants that it has not paid or given and will not pay
or give any third party any money or other consideration for obtaining this Agreement.
8.3 Covenant Aj4ainst Discrimination.
Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons
claiming under or through them, that there shall be no discrimination against or segregation of,
any person or group of persons on account of race, color, creed, religion, sex, gender, sexual
orientation, marital status, national origin, ancestry or other protected class in the performance of
this Agreement. Consultant shall take affirmative action to insure that applicants are employed
and that employees are treated during employment without regard to their race, color, creed,
religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other
protected class.
8.4 Unauthorized Aliens.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal
Immigration and Nationality Act, 8 U.S.C.A. §§ i 101, et seq., as amended, and in connection
therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ
such unauthorized aliens for the performance of work and/or services covered by this Agreement,
and should any liability or sanctions be imposed against City for such use of unauthorized aliens,
Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or
sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication either party
desires or is required to give to the other party or any other person shall be in writing and either
served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager
and to the attention of the Contract Officer (with her/his name and City title), City of Rancho
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Palos Verdes, 30940 Hawthorne Blvd., California 90275 and in the case of the Consultant, to the
person(s) at the address designated on the execution page of this Agreement. Either party may
change its address by notifying the other party of the change of address in writing. Notice shall
be deemed communicated at the time personally delivered or in seventy-two (72) hours from the
time of mailing if mailed as provided in this Section.
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either party by reason of the authorship of
this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an
original, and such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive
expression of the understanding of the parties. It is understood that there are no oral agreements
between the parties hereto affecting this Agreement and this Agreement supersedes and cancels
any and all previous negotiations, arrangements, agreements and understandings, if any, between
the parties, and none shall be used to interpret this Agreement. No amendment to or
modification of this Agreement shall be valid unless made in writing and approved by the
Consultant and by the City Council. The parties agree that this requirement for written
modifications cannot be waived and that any attempted waiver shall be void.
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or
sections contained in this Agreement shall be declared invalid or unenforceable by a valid
judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall
not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this
Agreement which are hereby declared as severable and shall be interpreted to carry out the intent
of the parties hereunder unless the invalid provision is so material that its invalidity deprives
either party of the basic benefit of their bargain or renders this Agreement meaningless.
9.6 Warranty & Representation of Non -Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in
this Agreement, nor shall any official, officer, or employee of City participate in any decision
relating to this Agreement which may affect his/her financial interest or the financial interest of
any corporation, partnership, or association in which (s)he is directly or indirectly interested, or
in violation of any corporation, partnership, or association in which (s)he is directly or indirectly
interested, or in violation of any State or municipal statute or regulation. The determination of
"financial interest" shall be consistent with State law and shall not include interests found to be
"remote" or "noninterests" pursuant to Government Code Sections 1091 or 1091.5. Consultant
warrants and represents that it has not paid or given, and will not pay or give, to any third party
including, but not limited to, any City official, officer, or employee, any money, consideration, or
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other thing of value as a result or consequence of obtaining or being awarded any agreement.
Consultant further warrants and represents that (s)he/it has not engaged in any act(s),
omission(s), or other conduct or collusion that would result in the payment of any money,
consideration, or other thing of value to any third party including, but not limited to, any City
official, officer, or employee, as a result of consequence of obtaining or being awarded any
agreement. Consultant is aware of and understands that any such act(s), omission(s) or other
conduct resulting in such payment of money, consideration, or other thing of value will render
this Agreement void and of no force or effect.
Consultant's Authorized Initials
9.7 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such
party is duly organized and existing, (ii) they are duly authorized to execute and deliver this
Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally
bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not
violate any provision of any other Agreement to which said party is bound. This Agreement shall
be binding upon the heirs, executors, administrators, successors and assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date and year first -above written.
ATTEST:
Carla Morreale, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
David J. Aleshire, City Attorney
CITY:
CITY OF RANCHO PALOS VERDES, a
municipal corporation
Ken Dyda, Mayor
CONSULTANT:
MDG-LDM Associates, Inc.
in
Name: Rudy E. Munoz
Title: President
Name: Esther Luis
Title: Senior Associate
MDG-LDM Associates, Inc.
10722 Arrow Route, Suite 822
Rancho Cucamonga, CA 91730
Two corporate officer signatures required when Consultant is a corporation, with one signature required
from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2)
Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT'S
SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE
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D-19
INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR
OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On , 2016 before me, , personally appeared , proved to me on
the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature:
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE(S)
❑
PARTNER(S) ❑ LIMITED
❑ GENERAL
❑
ATTORNEY-IN-FACT
❑
TRUSTEE(S)
❑
GUARDIAN/CONSERVATOR
❑
OTHER
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES)) SIGNER(S) OTHER THAN NAMED ABOVE
01203.0006/305975.1
D-21
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On , 2016 before me, , personally appeared , proved to me on
the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature:
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE(S)
❑
PARTNER(S) ❑ LIMITED
❑ GENERAL
❑
ATTORNEY-IN-FACT
❑
TRUSTEE(S)
❑
GUARDIAN/CONSERVATOR
❑
OTHER
SIGNER
IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
D-22
EXHIBIT "A"
SCOPE OF SERVICES
I. Brief description of work to be performed: Consultant will provide administrative
services and technical assistance for the City's Community Development Block Grant
(CDBG) program.
II. Consultant will perform the following Services on an ongoing basis, during the term
of the Agreement:
A. Provide technical assistance for the administration and implementation of the
City's Community Development Block Grant (CDBG) programs and projects.
B. Prepare on-line "Agreements to Implement" annual CDBG programs and projects
with the Community Development Commission of the County of Los Angeles
(LACDC), including project descriptions and budgets.
C. Prepare and process amendments to the "Agreements to Implement" for ongoing
programs and projects.
D. Coordinate with City staff to gather all necessary documentation for LACDC
program monitoring and for audit preparation.
E. Prepare LACDC and U.S. Department of Housing and Urban Development
(HUD) reports and documents.
F. Provide CDBG financial management assistance.
G. Provide Davis -Bacon Act (prevailing wages) and HUD Section 3 monitoring for
construction projects.
H. Act as the City's liaison and representative to the LACDC.
I. Ensure compliance with all applicable federal, State, and local laws, rules,
regulations, and policies.
J. Attend pre-bid conferences, bid openings, and other meetings when required for
the performance of the Services herein.
III. Consultant will utilize the following personnel to accomplish the Services:
A. Esther Luis, Senior Associate
B. Miguel Ramirez, Senior Associate
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EXHIBIT "B"
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
4.5 Prohibition Against Subcontracting or Assignment.
Therefore, Consultant shall not contract with any entity to perform in whole or in part the
services required hereunder without the express written approval of the City.
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EXHIBIT "C"
SCHEDULE OF COMPENSATION
I. Consultant shall perform the Services enumerated in Exhibit "A" at the following
hourly billing rates:
(Rates effective as of August 17, 2016, through June 30, 2019)
STAFF PERSON: HOURLY RATE:
President $105.00/hr.
Vice -President $100.00/hr.
Manager $95.00/hr.
Senior Associate $85.00/hr.
Associate $75.00/hr.
Senior Project Assistant $65.00/hr.
Project Assistant $55.00/hr.
Secretary $40.00/hr.
TRAVEL FOR MEETINGS: If MDG-LDM Associates, Inc. staff is requested by the City to
attend a meeting not considered a part of the scope of services, or on a day in which a consultant
is not scheduled to be on the City's 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
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II. The City will compensate Consultant for the Services performed upon submission of
a valid invoice. Each invoice is to include:
A. Line items for all personnel describing the work performed, the number of hours
worked, and the hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
C. Line items for all other approved reimbursable expenses claimed, with supporting
documentation.
III. The total compensation for all the Services shall not exceed a maximum of $28,400,
for the period of August 17, 2016, through June 30, 2017, as provided for in Section
2.1 of this Agreement.
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EXHIBIT "D"
SCHEDULE OF PERFORMANCE
I. Unless earlier terminated in accordance with Article 7 of the Agreement, the term of
this Agreement shall be August 17, 2016, to June 30, 2017. This Agreement may be
renewed for up to two (2) one-year periods by the mutual consent of the Parties.
H. The Contract Officer may approve extensions for performance of the Services in
accordance with Section 3.2.
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