RPVCCA_CC_SR_2012_05_15_K_Third_Amendment_To_Home_Imp_Program_AgreementCITY OF
MEMORANDUM
RANCHO PALOS VERDES
REVIEWED:
Project Manager:
TO:
FROM:
DATE:
SUBJECT:
HONORABLE MAYOR &CITY COUNCIL MEMBERS
TOM ODOM,DIRECTOR OF PUBLIC WORKSO~
MAY 15,2012
THIRD AMENDMENT TO AGREEMENT FOR HOME
IMPROVEMENT PROGRAM ADMINISTRATION
SERVICES
CAROLYN LEHR,CITY MANAGER G.9---
Judy A.Huey,Senior Administrative Analyst ~
RECOMMENDATION
Approve and execute the Third Amendment to Agreement Between the City of Rancho
Palos Verdes and MDG Associates,Inc.,to provide Home Improvement Program
administration services for the period July 1,2012 to June 30,2013 for a not-to-exceed
amount of $30,000.
BACKGROUND
On June 1,2010 the City Council approved the attached agreement with MDG
Associates,Inc.(MDG)to provide administration services for the City's Home
Improvement Program (HIP)for a not-to-exceed amount of $30,000 each fiscal year.
The current agreement commenced on July 1,2010 and included two one-year options
to renew the agreement for FY 2011-12 and FY 2012-13 by mutual consent of both
parties.
DISCUSSION
A First Amendment to the agreement with MDG Associates,Inc.was approved by the
City Council on November 4,2010,a copy of which is attached as Exhibit 2.The
purpose of the amendment was to comply with a requirement by the Community
Development Commission to add the provisions and requirements of the Los Angeles
County Defaulted Property Tax Reduction Program to the existing agreement.On June
7,2011,the City Council approved a Second Amendment to renew the original
agreement for the first one-year period of FY 2011-12.
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The proposed Third Amendment will exercise the second one-year option to renew the
original agreement with MDG Associates,Inc.Attached is a copy of the amendment,
identified as Exhibit 4,which has been approved by the City Attorney's office.MDG has
reviewed the Third Amendment and agreed to the one-year extension.
This is the final year to extend our contract with MDG for HIP administration services.
Prior to soliciting bids for administration services in FY 2013-14,staff will review the
status of the CDBG Program.Continued reductions of the City's annual CDBG
allocation may have a significant impact on the HIP and ADA projects that have
traditionally been funded by these federal funds.
CONCLUSION
Staff is pleased with the quality of service and positive outreach efforts of MDG in
working with the residents of Rancho Palos Verdes.In addition to working with
homeowners and contractors to review,approve and complete HIP projects,MDG
provides the technical support required to insure compliance with the CDBG guidelines
for housing rehabilitation.It is recommended that the City continue contracting with
MDG to administer the Home Improvement Program in FY 2012-13.The hourly rate of
compensation for the firm's services will remain the same as the previous fiscal year.
ALTERNATIVES
An alternative recommendation is to solicit new proposals,which may result in an
increase in bids.
FISCAL IMPACT
Approving the option to renew the professional services agreement will authorize the
proposed budgeted expenditure of up to $30,000 for administration services of the
Home Improvement Program in FY 2012-13.Community Development Block Grant
funds will be used to pay for this eligible CDBG expenditure.The HIP Administration
project budget is included in the proposed FY 12-13 budget,which is scheduled for
adoption on June 5,2012.
Attachments:
Exhibit 1 -Original Agreement
Exhibit 2 -First Amendment to the Professional Services Agreement Between MDG ,
Associates,Inc.and the City of Rancho Palos Verdes
Exhibit 3 -Second Amendment to Agreement Between the City of Rancho Palos
Verdes and MDG Associates,Inc.
Exhibit 4 -Third Amendment to Agreement Between the City of Rancho Palos Verdes
and MDG Associates,Inc.
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Exhibit 1 -Original Agreement-MDG Associates,Inc.
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Exhibit 1
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT ("Agreement")is made and entered into this 1st day of June,
2010,by and between the CITY OF RANCHO PALOS VERDES ("CITY"),and MDG
ASSOCIATES,INC.("CONSULTANT").
IN CONSIDERATION of the covenants hereinafter set forth,the parties agree as
follows:
ARTICLE 1
SCOPE OF SERVICES
1.1 Proiect Description
The Project is described as follows:
The CITY's Home Improvement Program provides grants and zero percent
(0%)deferred loans to eligible homeowners for interior and exterior housing improvements.
CONSU LTANT will provide professional services necessary to administer the CITY's Home
Improvement Program, including but not limited to the tasks included in CONSULTANT's
Proposal dated April 6,2010,which is attached hereto as Exhibit "A"and incorporated
herein by this reference.
1.2 Description of Services
(a)CONSULTANT shall perform the services described in Exhibit "A"to
provide administrative and implementation services for the Home Improvement Program.
(b )CONSULTANT shall obtain a City Business License and shall keep
that license in effect at all times while performing services pursuant to this Agreement.
1.3 Term of Agreement
This Agreement shall commence on July 1,2010 and shall expire on June
30,2011,unless terminated earlier pursuant to Section 4.1 ofthis Agreement.Additionally,
there shall be two one-year options to renew the Agreement in FY 2011-2012 and FY
2012-2013 with the mutual written consent of both parties.
ARTICLE 2
COMPENSATION
2.1 Fee
(a)CITY agrees to compensate CONSULTANT in a not-to-exceed
amount of thirty thousand dollars ($30,000)in Community Development Block Grant
("CDBG")funds,which come from the United States Department of Housing and Urban
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Development ("HUD"),for professional services as indicated and further described in
Exhibit "A."
(b)CITY's Director of Public Works may request in writing additional
specified work not covered by the Scope of Services set forth in Article 1 of this Agreement
("Additional Services").Prior to beginning work on any Additional Services,CONSULTANT
and CITY will agree and document the scope of work to be performed and compensation
rate through a written amendment to the Agreement,which in any case shall not exceed
ten percent (10%)of the total amount as stated in Section 2.1 (a)of this Agreement.
2.2 Payment Address
All payments due CONSULTANT shall be paid to:
MDG Associates,Inc.
10722 Arrow Route,Suite 822
Rancho Cucamonga,California 91730
2.3 Terms of Compensation
(a)CONSULTANT will submit monthly invoices for the services provided
and completed in the previous month.CITY agrees to pay all undisputed invoice amounts
within thirty (30)days of receipt of the invoice.CITY agrees to use its best efforts to notify
CONSULTANT of any disputed invoice amounts or claimed completion percentages within
ten (10)days of the receipt of each invoice.However,CITY's failure to timely notify
CONSULTANT of a disputed amount or claimed completion percentage shall not be
deemed a waiver of CITY's right to challenge such amount or percentage.
(b)Additionally,if the CITY fails to pay any undisputed amounts due
CONSULTANT within forty-five (45)days after invoices are received,then CITY agrees
CONSULTANT shall have the right to consider said default a total breach of this
Agreement,and this Agreement may be terminated by CONSULTANT upon ten (10)
working days'advance written notice.
ARTICLE 3
INDEMNIFICATION AND INSURANCE
3.1 Indemnification
CONSULTANT will defend,indemnify and hold harmless CITY and its'
officials,officers,employees,agents and volunteers free and harmless from all tort
liability,including liability for claims,suits,actions,expenses or costs of any kind,
whether actual,alleged or threatened,actual attorneys'fees,experts'fees,or court
costs incurred by the CITY,to the extent arising out of or in any way connected with,in
whole or in part,the negligent or other wrongful acts,omissions or willful misconduct of
CONSULTANT or any of CONSULTANT's officers,agents,employees or contractors in
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the performance of this Agreement.This includes but is not limited to claims,suits and
liabilities for bodily injury,death or property damage to any individual or entity,including
officers,agents,employees or contractors of the CONSULTANT.The provisions of this
paragraph shall not apply to claims to the extent arising out of the sole negligence,
active negligence,or willful misconduct of the CITY and its officials,officers,
employees,agents and volunteers.
In addition to the foregoing,CONSULTANT shall indemnify,defend and hold
free and harmless the CITY and the CITY's officials,officers,employees,agents and
volunteers from and against any and all losses,liabilities,damages,costs and expenses,
including reasonable attorneys'fees,experts'fees,and costs to the extent the same are
caused by negligence or willful misconduct of the CONSULTANT,or any of the
CONSULTANT's officials,officers,agents,employees or volunteers,in the performance of
professio~al services pursuant to this Agreement.
3.2 General Liability
CONSULTANT shall at all times during the term of this Agreement carry,
maintain,and keep in full force and effect,a policy or policies of Comprehensive
General Liability Insurance,with minimum limits of one million dollars ($1,000,000)for
each occurrence and in the aggregate,combined single limit,against any personal
injury,death,loss or damage resulting from the CONSULTANT's wrongful or negligent
acts.Said policy or policies shall be issued by an insurer admitted to do business in the
State of California and rated in A.M.Best's Insurance Guide with a rating of AVII or
better.
3.3 Automobile Liability
CONSULTANT shall at all times during the term of this Agreement obtain,
maintain,and keep in full force and effect,a policy or policies of Automobile Liability
Insurance as required by law in the State of California.
3.4 Professional Liability
CONSULTANT shall at all times during the term of this Agreement carry,
maintain,and keep in full force and effect a policy or policies of professional liability
insurance with a minimum limit of one million dollars ($1,000,000).Said policy or policies
shall be issued by an insurer admitted to do business in the State of California and rated in
A.M.Best's Insurance Guide with a rating of AVII or better.
3.5 Workers'Compensation
CONSULTANT agrees to maintain in force at all times during the
performance of work under this Agreement workers'compensation insurance as required
by the law.CONSULTANT shall require any subcontractors similarly to provide such
compensation insurance for their respective employees.
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3.6 Notice of Cancellation
(a)All insurance policies shall provide that the insurance coverage shall
not be canceled by the insurance carrier without thirty (30)days prior written notice to CITY
or ten (10)days notice if cancellation is due to nonpayment of premium.CONSULTANT
agrees that it will not cancel or reduce said insurance coverage.
(b)CONSULTANT agrees that if it does not keep the aforesaid insurance
in full force and effect,CITY may either immediately terminate this Agreement or,if
insurance is available at a reasonable cost,CITY may obtain the necessary insurance and
pay,at CONSULTANT's expense,the premium thereon.
3.7 Certificate of Insurance.
At all times during the term of this Agreement,CONSULTANT shall maintain
on file with the City Clerk certificates of insurance showing that the aforesaid policies are in
effect in the required amounts.The comprehensive general liability and professional liability
policy or policies shall contain endorsements naming the CITY,its officers,agents and
employees,as additional insureds.
3.8 Primary Coverage
The insurance provided by CONSULTANT shall be primary to any coverage
available to CITY.The insurance policies (other than workers'compensation and
professional liability)shall include provisions for waiver of subrogation.
ARTICLE 4
TERMINATION
4.1 Termination of Agreement
(a)This Agreement may be terminated at any time,with or without cause,
by either party upon thirty (30)days'prior written notice.Notice shall be served in
accordance with Section 6.18 of this Agreement.
(b)Upon termination of this Agreement by CONSULTANT or CITY due to
no fault or failure of performance by CONSULTANT ,CONSULTANT shall be paid
compensation for all services performed in an amount to be determined as follows:for
work done in accordance with all of the terms and provisions of this Agreement,
CONSULTANT shall be paid an amount equal to the percentage of services performed
prior to the effective date of term ination in accordance with the work items;provided,in no
event shall the amount of money paid under the foregoing provisions of this paragraph
exceed the amount which would have been paid to CONSULTANT as stated in Article 2 of
this Agreement for the full performance of the services described in Article 1.
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ARTICLE 5
DOCUMENTS
5.1 Ownership of Documents and Work Product
(a)All documents,plans,specifications,reports,photographs,images,
video files and media created or developed by CONSULTANT pursuant to this Agreement
("Written Products")shall be and remain the property of the CITY without restriction or
limitation upon its use,duplication or dissemination by the CITY.All Written Products shall
be considered "works made for hire,"and all Written Products and any and all intellectual
property rights arising from their creation,including,but not limited to,all copyrights and
other proprietary rights,shall be and remain the property of the CITY without restriction or
limitation upon their use,duplication or dissemination by the CITY.CONSULTANT shall
not obtai~or attempt to obtain copyright protection as to any Written Products.
(b )CONSULTANT hereby assigns to the CITY all ownership and any and
all intellectual property rights to the Written Products that are not otherwise vested in the
CITY pursuant to the paragraph directly above this one.
(c)CONSULTANT warrants and represents that it has secured all
necessary licenses,consents or approvals to use any instrumentality,thing or component
as to which any intellectual property right exists,including computer software,used in the
rendering of the services and the production of all Written Products produced under this
Agreement,and that the CITY has full legal title to and the right to reproduce the Written
Products.CONSULTANT shall defend,indemnify and hold the CITY and its elected
officials,officers,employees,servants,attorneys,designated volunteers,and agents
serving as independent contractors in the role of CITY officials harmless from any loss,
claim or liability in any way related to a claim that CITY's use of any of the Written Products
is violating federal,state or local laws,or any contractual provisions,or any laws relating to
trade names,licenses,franchises,copyrights,patents or other means of protecting
intellectual property rights and/or interests in products or inventions.CONSULTANT shall
bear all costs arising from the use of patented,copyrighted,trade secret or trademarked
documents,materials,equipment,devices or processes in connection with its provision of
the services and Written Products produced under this Agreement.In the event the use of
any of the Written Products or other deliverables hereunder by the CITY is held to
constitute an infringement and the use of any of the same is enjoined,CONSULTANT
shall,at its expense:(a)secure for CITY the right to continue using the Written Products
and other deliverables by suspension of any injunction,or by procuring a license or
licenses for CITY;or (b)modify the Written Products and other deliverables so that they
become non-infringing while remaining in compliance with the requirements of this
Agreement.This covenant shall survive the termination of this Agreement.
(d)Upon termination,abandonment or suspension of the Project,the
CONSULTANT shall deliver to the CITY all Written Products and other deliverables related
to the Project.If CONSULTANT prepares a document on a computer,CONSULTANT
shall provide CITY with said document both in a printed format and in an acceptable
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electronic format.
5.2 Record-Keeping and Reporting
(a)Pursuant to 24 C.F.R.Section 85.36(i)(1 0),the CONTRACTOR shall
maintain all books,documents,papers,and records that are directly pertinent to the
Agreement for the purpose of making audits,examinations,excerpts and transcripts.
(b)Pursuant to 24 C.F.R.Section 85.36(i)(11)and the Los Angeles
County Development Commission's Project Description and Activity Budget for Contract
70741 (Project No.D96691-09),CONTRACTOR shall retain all required records for a
period of five (5)years after the CITY makes final payments and all other pending matters
are closed.
(c)Pursuant to 24 C.F.R.Section 85.36(i)(7),CONTRACTOR shall
provide to the CITY all requested documentation resulting throughout the course of or
under this Agreement.
ARTICLE 6
GENERAL PROVISIONS
6.1 Representation
The CITY's Director of Public Works shall designate the CITY's
representative and CONSULTANT shall designate its representative as the primary contact
persons for the parties regarding performance of this Agreement.
6.2 CDBG Regulations
CONSULTANT agrees to comply with the requirements of Part 570 of Title 24
of the Code of Federal Regulations,which states the U.S.Department of Housing and
Urban Development's regulations concerning CDBG,and all federal regulations and
policies issued pursuant to these regulations.
6.3 Fair Employment Practices/Equal Opportunity Acts
In the performance of this Agreement,CONSULTANT shall comply with all
applicable provisions of the California Fair Employment Practices Act (California
Government Code Section 12940 et seq.)and the applicable equal employment provisions
ofthe Civil Rights Act of 1964 (42 U.S.C.2000 et seq.),and the Americans with Disabilities
Act of 1990 (42 U.S.C.§12101 et seq.).
6.4 Personnel
CONSULTANT represents that it has,or shall secure at its own expense,all
personnel required to perform CONSULTANT's services under this Agreement.
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CONSULTANT shall make reasonable efforts to maintain the continuity of CONSULTANT's
staff who are assigned to perform the services hereunder and shall obtain the approval of
the Director of Public Works of all proposed staff members who will perform those services.
CONSULTANT may associate with or employ associates or subconsultants in the
performance of its services under this Agreement,but at all times CONSULTANT shall be
responsible for their services.
6.5 Labor Standards and Civil Rights
CONTRACTOR agrees to comply with the requirements of the Secretary of
Labor and the latest amendments to:Executive Orders 11246 and 11375,as
supplemented in Department of Labor regulations (41 C.F.R.chapter 60);the Copeland
"Anti-Kickback"Act (18 U.S.C.847)as supplemented in Department of Labor regulations
(29 C.F.R.part 3);Section 3 of the Housing and Urban Development Act of 1968 (12
U.S.C.1701 etseq.);Title VI of the Civil Rights Act of 1964 (42 U.S.C.2000);Section 109
of Title I of the Housing and Community Development Act of 1974 (42 U.S.C.5301 et
seq.);the Age Discrimination Act of 1975 (42 U;S.C.6101 et seq.);and Section 504 of the
Rehabilitation Act of 1973 (29 U.S.C.701 et seq.).CONTRACTOR agrees to comply with
the requirements of all other applicable federal,state and local laws and regulations
pertaining to labor standards or civil rights insofar as those acts apply to the performance
of this Agreement.
6.6 Environmental Conditions
Pursuant to 24 C.F.R.Section 85.36(i)(13),CONTRACTOR agrees to comply
with the mandatory standards and policies relating to energy efficiency which are contained
in the state energy conservation plan issued in compliance with the Energy Policy and
Conservation Act (Pub.L.94-163,89 Stat.871).
6.7 Lobbying Certifications
(a)The Los Angeles County Lobbyist Code Chapter 2.160 County
Ordinance No.93-0031 Certification is attached hereto as Exhibit "B"and incorporated
herein by this reference.CONSULTANT shall complete and file this Certification as
required.
(b)The Federal Lobbyist Requirements Certification is attached hereto as
Exhibit "C"and incorporated herein by this reference.CONSULTANT shall complete and
file this Certification with the CITY.
6.8 Conflicts of Interest
CONSULTANT agrees not to accept any employment or representation
during the term of this Agreement or within twelve (12)months after completion of the work
under this Agreement which is or may likely make CONSULTANT "financially interested"
(as provided in California Government Code Sections 1090 and 87100)in any decisions
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made by CITY on any matter in connection with which CONSULTANT has been retained
pursuant to this Agreement.
6.9 Legal Action
(a)Should either party to this Agreement bring legal action against the
other,the validity,interpretation,and performance of this Agreement shall be controlled by
and construed under the laws of the State of California,excluding California's choice of law
rules.Venue for any such action relating to this Agreement shall be in the Los Angeles
County Superior Court.
(b)If any legal action or other proceeding,including action for declaratory
relief,is brought for the enforcement of this Agreement or because of an alleged dispute,
breach,default or misrepresentation in connection with this Agreement,the prevailing party
shall be e'ntitled to recover reasonable attorneys'fees,experts'fees,and other costs,in
addition to any other relief to which the party may be entitled.
6.10 Assignment
Neither this Agreement nor any part thereof shall be assigned by
CONSULTANT without the prior written consent of the CITY.Any such purported
assignment without written consent shall be null and void,and CONSULTANT shall hold
harmless,defend and indemnify the CITY and its officers,officials,employees,agents and
representatives with respect to any claim,demand or action arising from any unauthorized
assignment.
6.11 Independent Contractor
CONSULTANT is and shall at all times remain,as to the CITY,a wholly
independent contractor.Neither the CITY nor any of its agents shall have control over the
conduct of CONSULTANT or any of the CONSULTANT's employees,except as herein set
forth,and CONSULTANT is free to dispose of all portions of its time and activities which it
is not obligated to devote to the CITY in such a manner and to such persons, firms,or
corporations at the CONSULTANT wishes except as expressly provided in this Agreement.
CONSULTANT shall have no power to incur any debt,obligation,or liability on behalf of the
CITY or otherwise act on behalf of the CITY as an agent.CONSULTANT shall not,at any
time or in any manner,represent that it or any of its agents,servants or employees,are in
any manner agents,servants or employees of CITY.CONSULTANT agrees to pay all
required taxes on amounts paid to CONSULTANT under this Agreement,and to indem!1ify
and hold the CITY harmless from any and all taxes,assessments,penalties,and interest
asserted against the CITY by reason of the independent contractor relationship created by
this Agreement.CONSULTANT shall fully comply with the workers'compensation law
regarding CONSULTANT and its employees.CONSULTANT further agrees to indemnify
and hold the CITY harmless from any failure of CONSULTANT to comply with applicable
workers'compensation laws.The CITY shall have the right to offset against the amount of
any fees due to CONSULTANT under this Agreement any amount due to the CITY from
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CONSULTANT as a result of its failure to promptly pay to the CITY any reimbursement or
indemnification arising under this Article.
6.12 Captions
The captions used in this Agreement are for general reference only and are
not part of the Agreement.
6.13 Entire Agreement
This Agreement,including any other documents incorporated herein by
specific reference,represents the entire and integrated agreement between CITY and
CONSULTANT and supersedes all prior negotiations,representations or agreements,
either written or oral.This Agreement may be modified or amended,or provisions or
breach may be waived,only as described in Article 6.14.
6.14 Amendments
(a)Except as described in section (b)of this article,this Agreement
may be modified or amended,or provisions or breach may be waived,only by
subsequent written agreement signed by both parties.
(b)The CITY may,at its discretion,amend this Agreement to conform
with federal,state or local governmental guidelines,policies and available funding
amounts.If such amendments result in a change in the funding, the scope of services,
or schedule of the activities to be undertaken as part of this Agreement,such
modifications shall be incorporated only by written amendments signed by both parties.
6.15 Construction
In the event of any asserted ambiguity in,or dispute regarding the
interpretation of any matter herein,the interpretation of this Agreement shall not be
resolved by any rules of interpretation providing for interpretation against the party who
causes the uncertainty to exist or against the party who drafted the Agreement or who
drafted that portion of the Agreement.
6.16 Non-Waiver of Terms,Rights and Remedies
Waiver by either party of anyone or more of the conditions of
performance under this Agreement shall not be a waiver of any other condition of
performance under this Agreement.In no event shall the making by the CITY of any
payment to CONSULTANT constitute or be construed as a waiver by the CITY of any
breach of covenant,or any default which may then exist on the part of CONSULTANT,
and the making of any such payment by the CITY shall in no way impair or prejudice
any right or remedy available to the CITY with regard to such breach or default.
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6.17 Severability
If any term or portion of this Agreement is held to be invalid,illegal,or
otherwise unenforceable by a court of competent jurisdiction,the remaining provisions
of this Agreement shall continue in full force and effect.
6.18 Notice
Except as otherwise required by law,any notice,request,direction,
demand,consent,waiver,approval or other communication required or permitted to be
given hereunder shall not be effective unless it is given in writing and shall be delivered
(a)in person or (b)by certified mail,postage prepaid,and addressed to the parties at
the addresses stated below,or at such other address as either party may hereafter
notify the .other in writing as aforementioned:
If to CONSULTANT:
Rudy E.Munoz,President
MDG Associates,Inc.
10722 Arrow Route,Suite 822
Rancho Cucamonga,California 91730
If to CITY:
Ray Holland,Director of Public Works
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes,CA 90275
A party may change its address by giving written notice to the other party.
Thereafter,any notice or other communication shall be addressed and transmitted to the
new address.If sent by mail,any notice,tender,demand,delivery or other communication
shall be deemed effective three (3)business days after it has been deposited in the United
States mail.For purposes of communicating these time frames,weekends and federal,
state,religious,County of Los Angeles or CITY holidays shall be excluded.No
communication via facsimile or electronic mail shall be effective to give any such notice or
other communication hereunder.
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IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of
the date and year first above written.
Dated:_
Dated:_
ATTEST:
City Clerk
CONSULTANT
BY:'-------------
Title
CITY OF RANCHO PALOS VERDES,
A Municipal Corporation
Mayor
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Exhibit 1
Exhibit "A"
MOG
ASSOC!A I I:S ·INC
April 6,2010
Judy A.Hue)'
Public Works Department
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes,CA 90275
Subject:Proposal Home Improvement Program (HIP)Administrative Services
Dear Ms.Huey:
MDG Associates,Inc.(MDO)is pleased to submit a proposal to provide consultant services to
administer the City'S Home Improvement Program.MDO,along with its affiliate (LDM Associates,
Inc.),has been providing high-quality services to municipal agencies and private clients for years.
MDG's emphasis and capabilities are in the administration of housing and commercial rehabilitation
programs,and project/construction management.Through our affiliate,we also provide planning,grants
management,and redevelopment services.
Our consulting team is comprised of highly qualified professional staff with expertise in all aspects of
residential rehabilitation.Provided below,is the information requested in your Request for Proposal
(RFP).We hope this proposal conveys our firm's ability to provide the City with administration services
for the Home Improvement Program.
If you have any questions regarding this matter,please do not hesitate to call me at your convenience.
Respectfully Submitted,
Enclosure:Proposal
10722 /Irrol\'ROlJtp •Suite 1122 •R,ll1chll (lil,lIl)(lTlg,.l •C.1Ii(orniJ 91 no l'iO,))476·'./(,')6'F,lX ('JO'!)·176·601l6
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Exhibit 1
Exhibit "A"
DESCRIPTION OF FIRM
MDG Associates Inc.(MDG)was established in 1991 has undergone a steady growth during the past
fifteen years.MDG is a corporation registered in the State of California and is a certified Minority
Business Enterprise (MBE).In response to our clients'needs,MDG and its affiliate LDM Associates,
Inc.(LDM)has been providing grant management and implementation services since 1991.Such
services included the administration of Community Development Block Grant (CDBG),HOME,ESG,
Residential Rehabilitation,Commercial Rehabilitation,and First Time Homebuyer Programs.In
addition to grants management,MDG provides planning,redevelopment,and project management
services to municipal agencies.The firm is comprised of individuals with a wide variety of expertise
including the services specifically requested by your City.Currently,MDG has 28 staffmembers.Eight
(8)of the staff members are knowledgeable and experience in the administration ofCDBG,HOME,and
ESO Programs.Nine ofour staff members are knowledgeable and experienced in the administration and
implementation of Residential and Commercial Rehabilitation Programs funded with CDBO,HOME
and Community Redevelopment Agency funds.
FIRM EXPERIENCE
Since its inception,MDO has offered administrative and management services to cities that are seeking a
consultant that can act as an extension oftheir statT and look after the best interest of the City.The types
of services that we currently provide are those specifically requested by your City.
Home Improvement Program Administration Services:
Last year MDG processed and completed the rehabilitation of approximately 320 residential dwellings
for J3 different cities.We are currently under contract with the Cities of Agoura Hills,Calabasas,
Carson,£1 Monte,EI Segundo,Irvine,Lawndale,Monterey Park,Paramount,Rancho Palos Verdes,La
Canada Flintridge,Upland,and Walnut in the administration of their Residential Rehabilitation
Programs.Additionally,we are currently under contract with the City of Orange to conduct their
rehabilitation inspections and prepare the work write-ups used by contractors to bid.
COMMUNICATION WITH CITY STAFF
MDO proposes to provide service on-site and at its home office as required by the City.Based on prior
experience,we propose to be in attendance at City Hall approximately 8 hours per week depending on
the workload.We anticipate becoming an extension ofCity staff and would provide flexible scheduling
which meets the needs of the City.In addition,we would make ourselves available to attend City
Council meetings as requested by staff.We will make ourselves available during non-scheduled hours
should the need arise by providing siaffwith our pager and cell phone numbers.
K-16
Exhibit 1
Exhibit "A"
CONSULTANT TEAM
The members of our c.onsulting group proposed to provide Housing Rehabilitation Program Management
consulting services include Rudy E.Munoz,President;Ms.Esther Luis,Senior Associate;Mr.Miguel
Ramirez,Senior Associate;and Mr.Raul Gomez,Senior Associate.Mr.Munoz will manage the
contract on behalf of MDG.Ms.Luis will be responsible for the day-to-day implementation of the
Home Improvement Program.Mr.Ramirez and Mr.Gomez will assist in the performance of the initial
and progress inspections.The resumes of the aforementioned individuals are included as part of this
proposal.
PROPOSED SCOPE OF SERVICES
In the performance of the administration of the Housing Rehabilitation Program,MDG will provide
staffing and other resources required to perform the following:
•Answer public inquiries concerning the program.
•Conduct preliminary interviews to determine owner's eligibility status and owner's desired
improvements for dwelling unit.
•Obtain all required supporting documentation including income verification and grant deed.
•Conduct property inspections and estimate costs for rehabilitation work.
•Complete all applicable documents for CDBG Housing Rehabilitation activities,i.e.,lead-based
paint warning,historical preservation review,etc.
•Obtain asbestos testing and lead based paint testing,abatement and clearance requirements for
the dwelling unit,if necessary..
•Prepare specifications and bid documents,and review bids received with the homeowner.
•Obtain contractor clearance through the Federal Excluded Parties List System and State
Contractor's License Board.
• A ward contract,prepare and execute documents for grants,deferred loans and below market
interest loans.
•Conduct preconstruction conference to review all projected work with the homeowner and the
contractor.
•Conduct progress inspections to make certain that work is proceeding in a timely manner and to
authorize progress payments.
•Execute notice of completion upon tinal inspection certif)/ing that the rehabilitation has been
completed in accordance with contract specifications.
•Acquire lien releases from contractor and subcontractors,obtain homeowner's authorization for
final payment,and execute close-out of rehabilitation work by ensuring that permanent file
contains complete documentation required for CDC monitoring and audit purposes.
•Prepare monthly progress reports to the City.
•Conduct procurement of escrow services,loan document preparation,asbestos testing,and lead-
based paint testing,if necessaI)/.
K-17
Exhibit 1
Exhibit "A"
BlJDGET PROPOSALS
MDG proposes to provide residential rehabilitation services at the City approximately 8 hours per week.
Additional hours may be provided at our corporate office as needed to adequately implement the
program.Based on the scope of work and additional information provided in the RFP,MDGproposes to
bill on a time and material basis based on the attached Rate Schedule (see Exhibit "A").MDG agrees
not to exceed 20%of the project budget as allowed by the U.S.Department of Housing and Urban
Development (HUD).
K-18
Exhibit 1
Exhibit "A"
EXHIBIT "A"
SCHEDULE OF HOURLY BILLING RATES
Rates effective as of July 1,20 I0
STAFF PERSON:
President
Vice President
Manager
Senior Associate
Associate
Senior Project Assistant
Project Assistant
Secretary
REIMBURSABLE ITEMS:
HOURLY RATE:
$95.00/Hr
$90.00/Hr
$90.00/Hr
$80.00/Hr
$70.00/Hr
$55.00/Hr
$55.00/Hr
$35.00/Hr
Project Supplies
Prints/Reproductions
At Cost plus 10%surcharge
At Cost plus 10%surcharge
K-19
Exhibit 1
Exhibit "B":
Community Development Commission
County of Los Angeles
COUNTY LOBBYIST CODE CHAPTER 2.160
COUNTY ORDINANCE NO.93·0031
CERTIFICATION
)-----Telephone Number (Zip Code:_
Name of Firm:_
Address:_
State:__
Acting on behalf of the above named firm,as its Authorized Official,I make the
following Certification to the County of Los Angeles and the Community Development
Commission,County of Los Angeles.
1.It is understood that each person/entity/firm who applies for a Community
Development Commission contract,and as part of that process,shall certify that
they are familiar with the requirements of the Los Angeles County Code,Chapter
2.160 (Los Angeles County Ordinance 93-0031)and;
2.That all persons/entities/firms acting on behalf of the above named firm have and
will comply with the County Code,and;
3.That any person/entity/firm who seeks a contract with the Community Development
Commission shall be disqualified therefrom and denied the contract and,shall be
liable in civil action,if any lobbyist,lobbying firm,lobbyist employer or any other
person or entity acting on behalf of the named firm fails to comply with the
provisions of the County Code.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into.Submission of this certification is a
prerequisite for making or entering into contract with the Los Angeles County and the
Community Development Commission,County of Los Angeles.
Authorized Official:
(Contractor/Su bcontractor)
By:_
(Signature)
(Date)(Title)
R6876-0001/1221569.4
Page 17 of 18
K-20
Exhibit 1
Exhibit "C":
FEDERAL LOBBYIST REQUIREMENTS
CERTIFICATION
Name of Firm:Date:_
Address:_
State:Zip Code:Phone No.:_
Acting on behalf of the above named firm,as its Authorized Official,I make the
following Certification to the Department of Housing and Urban Development (HUD)
and the Community Development Commission,County of Los Angeles:
1.No Federal appropriated funds have been paid,by or on behalf of the above named
firm to any person for influencing or attempting to influence an officer or employee
of any agency,a Member of Congress,an officer or employee of Congress,or an
employee of a Member of Congress in connection with the awarding of any Federal
contract,the making of and Federal grant,loan or cooperative agreement,and any
extension,continuation,renewal,amendment,or modification thereof,and;
2.If any funds other than Federal appropriated funds have paid or will be paid to any
person for influencing or attempting to influence an officer or employee or any
agency,a Member of Congress an officer or employee of Congress or an employee
of a Member of Congress in connection with this Federal contract,grant loan,or
cooperative agreement,the above named firm shall complete and submit Standard
Form-LLL,"Disclosure Form to Report Lobbying",in accordance with its instructions,
and:
3.The above name firm shall require that the language of this certification be included
in the award documents for all sub-awards at all tiers (including subcontracts,sub-
grants,and contracts under grants,loans,and cooperative agreement)and that all
sub-recipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into.Submission of this certification is a
prerequisite for making or entering into the transaction imposed by Section 1352 Title
31,U.S.Code.Any person who fails to file the required certification shall be subject to a
civil penalty of not less than $10,000 and not more than $100,000 for each such failu,re.
Authorized Official:
Name:Title:,_
Signature:Date:_
Federal Lobbying Requirements Certification Form
R6876-0001/1221569.4
Page 18 of 18
Revised 09/30/05
K-21
Exhibit 2 -First Amendment to the Professional Services Agreement Between MDG
Associates,Inc.and the City of Rancho Palos Verdes
K-22
EXHIBIT 2
FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN MDG ASSOCIATES,INC.AND THE CITY OF RANCHO PALOS VERDES
THIS FIRST AMENDMENT ("First Amendment")to the PROFESSIONAL
SERVICES AGREEMENT ("Agreement")between the CITY OF RANCHO PALOS
VERDES ("CITY")and MDG ASSOCIATES,INC.("CONSULTANT")is made and
entered into this 4th day of November 2010.
WHEREAS,CITY and CONSULTANT previously entered into the Agreement on
June 1,2010,whereby CONSULTANT provides professional services to administer the
Home Improvement Program;and
WHEREAS,CITY and CONSULTANT wish to amend the Agreement to add the
provisions and requirements of the Los Angeles County Defaulted Property Tax
Reduction Program.
NOW,THEREFORE,for good and valuable consideration,the parties wish to
amend and modify the terms of the Agreement to add the following language:
1.Section 6.19 is hereby added to the Agreement to read as follows:
CONTRACTOR'S WARRANTY OF COMPLIANCE WITH COUNTY'S
DEFAULTED PROPERTY TAX REDUCTION PROGRAM.The
Contractor acknowledges that the County has established a goal of
ensuring that all individuals and businesses that benefit financially from
the County through contract are current in paying their personal and real
property tax obligations (secured and unsecured roll)in order to mitigate
the economic burden otherwise imposed upon the County and its
taxpayers.Unless the Contractor qualifies for an exemption or exclusion,
the Contractor warrants and certifies that to the best of its knowledge it is
now in compliance,and during the term of this Contract will maintain
compliance,with the County's Defaulted Tax Program,found at Los
Angeles County Ordinance No.2009-0026 and codified at Los Angeles
County Code,Chapter 2.206.
Failure of the Contractor to maintain compliance with the requirements set
forth in the "COUNTY'S DEFAULTED PROPERTY TAX REDUCTION
PROGRAM"shall constitute default under this Contract.Without limiting
the rights and remedies available to the City under any other provision of
this Contract,failure of the Contractor to cure such default within 10 days
of notice shall be grounds upon which the City may suspend or terminate
K-23
EXHIBIT 2
this contract pursuant to the County's Defaulted Property Tax Reduction
Program found at Los Angeles County Ordinance No.2009-0026 and
codified at Los Angeles County Code,Chapter 2.206.
As modified by this amendment,the Agreement remains in full force and effect and
remains fully binding upon the parties.
IT IS SO AGREED.
Dated:,2010
Dated:,2010
ATTEST:
By:_
City Clerk
MDG ASSOCIATES,INC.
("CONSULTANT")
Signature:_
Printed Name:_
Title:_
CITY OF RANCHO PALOS VERDES
("CITY")
By:_
Mayor
K-24
Exhibit 3 -Second Amendment to Agreement Between the City of Rancho Palos
Verdes and MDG Associates,Inc.
K-25
Exhibit 3
Second Amendment to Agreement between
the City of Rancho Palos Verdes
and MDG Associates,Inc.
This agreement is the second amendment to the Home Improvement Program
Consultant Agreement between the City of Rancho Palos Verdes ("CITY")and MDG
Associates,Inc.("CONSULTANT"),dated June 1,2010 ("Agreement").The first
amendment,which was effective November 4,2010,added required provisions regarding
the Los Angeles County Defaulted Property Tax Reduction Program.This second
amendment is effective as of June 7,2011 and is being made to extend the term of the
Agreement for one year.
Section 1.Section 1.3 of the Agreement is hereby amended to read as
follows:.
"This Agreement shall commence on July 1,2010 and shall expire on June 30,
2012,unless sooner terminated pursuant to Section 4.1 of this Agreement.
Additionally,there shall be one (1)one-year option to renew the Agreement in FY 2012-
2013 with the mutual written consent of both parties."
Section 2.Except as expressly amended by this amendment to the
Agreement,all of the other provisions of the Agreement shall remain in full force and
effect as written in the Agreement.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of
the date and year first above written.
CITY OF RANCHO PALOS VERDES
("CITY")
By:_
Mayor
ATTEST:
By:---------
City Clerk
MDG ASSOCIATES,INC.
("CONSULTANT")
Signature:_
Printed Name:_
Title:_
R6876-0001\1351349v1.doc
K-26
Exhibit 4 -Third Amendment to Agreement Between the City of Rancho Palos Verdes
and MDG Associates,Inc.
K-27
Exhibit 4
Third Amendment to Agreement between
the City of Rancho Palos Verdes
and MDG Associates,Inc.
This agreement is the third amendment to the Home Improvement Program
Consultant Agreement between the City of Rancho Palos Verdes ("CITY")and MDG
Associates,Inc.("CONSULTANT"),dated June 1,2010 ("Agreement").The first
amendment,which was effective November 4,2010,added required provisions regarding
the Los Angeles County Defaulted Property Tax Reduction Program.The second
amendment was effective June 7,2011 and extended the term of the Agreement for one
year.This third amendment is effective as of May 15,2012 and is being made to extend
the term of the Agreement for a second one-year period.
Section 1.Section 1.3 of the Agreement is hereby amended to read as
follows:
"This Agreement shall commence on July 1,2010 and shall expire on June 30,
2013,unless sooner terminated pursuant to Section 4.1 of this Agreement.
Section 2.Except as expressly amended by this amendment to the
Agreement,all of the other provisions of the Agreement,as previously amended by the
First Amendment,shall remain in full force and effect as written in the Agreement.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of
the date and year first above written.
CITY OF RANCHO PALOS VERDES
("CITY")
By:_
Mayor
ATTEST:
By:_
City Clerk
MDG ASSOCIATES,INC.
("CONSUL TANT")
Signature:_
Printed Name:_
Title:_
K-28