HomeMy Public PortalAbout04) 7C Amendment to Agreement with Willdan Engineering_Staff ReportAGENDA
ITEM 7.C.
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
DATE: August 4, 2020
TO: The Honorable City Council
FROM: Bryan Cook, City Manager
Via: Scott Reimers, Interim Community Development Director
By: Adam Gulick, Associate Planner
SUBJECT: FOURTH AMENDMENT TO THE CONSULTANT SERVICES
AGREEMENT WITH WILLDAN ENGINEERING TO PROVIDE
CONSULTANT SERVICES FOR THE CITY’S HOME IMPROVEMENT
PROGRAM
RECOMMENDATION:
The City Council is requested to:
1. Review and approve the Fourth Amendment to the consultant services agreement
(Attachment “A”) with Willdan Engineering (Willdan) to provide services for Fiscal
Year (FY) 2020-21, expand the scope of services to provide the City with
professional consulting services advising staff on the implementation of the City’s
Small Business Assistance Program, and increase the total compensation by
$29,588 for a total of $139,588; and
2. Authorize the City Manager to execute the Fourth Amendment with Willdan.
BACKGROUND:
1. On February 24, 2017, the City issued a Request for Proposals (RFP) seeking a
qualified consulting firm to administer the City’s home improvement programs. The
RFP that was issued for FY 2017-18 included the option to renew the contract up to
an additional four years, approved in one-year increments.
2. On May 16, 2017, the City Council approved a consultant services agreement
(Attachment “B”) with Willdan to provide housing consultant services for FY 2017-
18, which was not to exceed $60,000 or 20 percent of the City’s home improvement
City Council
August 4, 2020
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program’s expenditures.
3. On June 5, 2018, the City Council authorized the City Manager to execute the First
Amendment with Willdan for FY 2018-19. The First Amendment extended the
agreement for one fiscal year.
4. On June 4, 2019, the City Council authorized the City Manager to execute the
Second Amendment with Willdan for FY 2019-20. The Second Amendment
extended the agreement for one fiscal year and increased the total compensation by
$50,000 for a new total of $110,000.
5. On November 19, 2019, the City Council authorized the City Manager to execute the
Third Amendment with Willdan for FY 2019-20. The Third Amendment increased
the hourly rate for the consultant’s program coordinator.
6. On June 16, 2020, the City Council directed staff to allocate the City’s Coronavirus
Aid, Relief, and Economic Security (CARES) Act funds and Community
Development Block Grant (CDBG) funds by creating a new Small Business
Assistance Program. The City Council provided a budget for consultant services not
to exceed $16,188 to assist and advise staff on reviewing applications. In addition,
the City Council provided a budget of $13,400 for administrative costs associated
with the remaining Housing Rehabilitation Loan Program and Asbestos and Lead-
based Paint Program.
ANALYSIS:
With the changes to the City’s CDBG budget approved on June 16, 2020, staff is
proposing three changes to the contract with Willdan.
1. Time Extension: The City has a contract with Willdan that can be extended
annually for up to four years. The proposed action would provide the last extension
of the contract. It is proposed that Willdan will continue providing services under
the City’s housing rehabilitation and asbestos and lead-based paint programs.
Willdan Engineering has met expectations for the delivery of their housing
consultant services. Willdan staff have reviewed interest forms submitted by
members of the public, coordinated home improvement projects, and have
assisted with meeting CDBG program goals for the past three years. Willdan staff
have provided monthly status updates keeping City staff informed of people on the
waiting list, pending projects, projects under construction, and projects completed.
Willdan staff have also been quick to respond to members of the community who
have questions about the home improvement program or want to know how many
people are ahead of them on the waiting list.
City Council
August 4, 2020
Page 3 of 3
2. Scope of Services Expanded: Under this contract Willdan has provided support
for the City’s housing rehabilitation and asbestos and lead-based paint programs.
With the approval of a new small business assistance grant program, the staff
needs advice from a seasoned consultant to institute this new program. Staff sent
a request for proposals to more than three consulting companies. Willdan was the
only consultant that submitted a proposal. Willdan’s proposal meets the needs of
the City and Willdan will be able to accomplish the work within budget. Given
Willdan’s performance on the City’s other programs and the project manager’s
extensive experience as an employee of the United States Housing and Urban
Development Department, staff recommends accepting Willdan’s proposal and
expanding the scope of services accordingly.
3. Contract Amount: The amount of the original contract was $60,000. With each
renewal of the contract, the contract has been increased to correspond with annual
CDBG program allocations. This year, the proposed increase will include $16,188
to provide staff assistance and advice on reviewing small business grant
applications and $13,400 to administer the City’s housing rehabilitation and
asbestos and lead-based paint programs.
CITY STRATEGIC GOALS:
Approval of the Fourth Amendment to the Agreement for CDBG and Housing Consultant
Services with Willdan furthers the City’s Strategic Goals of Public Health and Safety,
Quality of Life, and Economic Development.
FISCAL IMPACT:
This action will not impact the FY 2020-21 City Budget. On June 16, 2020, the City
Council’s action included approved consulting costs for the City’s CDBG-funded home
improvement program (up to $13,400, 20 percent of program budget) and the newly
established CARES Act CDBG programs (up to $16,188, 5 percent of program budget).
The CDBG program allows cities to charge up to 20 percent of a program’s expenditures
on consulting fees.
ATTACHMENTS:
A. Fourth Amendment to the Consultant Services Agreement with Willdan
B. Consultant Services Agreement with Willdan
FOURTH AMENDMENT TO
AGREEMENT FOR SERVICES
by and between the
CITY OF TEMPLE CITY
a municipal corporation
and
WILLDAN ENGINEERING
a California corporation
Dated August 4, 2020
ATTACHMENT A
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FOURTH AMENDMENT TO AGREEMENT FOR SERVICES
This Fourth Amendment to Agreement for Services (“Fourth Amendment”), which is dated for reference as indicated on the cover page, is hereby entered into by and between the CITY OF TEMPLE CITY, a California charter city (“City”), and Willdan Engineering, a California corporation (“Service Provider”), as follows:
RECITALS
A. City and Service Provider entered in an Agreement for Services on July 1, 2017
(“Agreement”). The Agreement provides that Service Provider will provide housing
consultant services for the City’s home improvement program as described in Exhibit “A”.
B. The First Amendment amended Section 1 “Term of Agreement” to extend the term for one
year through June 30, 2019, with the City’s option to extend the Agreement for up to three
additional years, in one-year increments.
C. The Second Amendment amended Section 1 “Term of Agreement” to extend the term for
one year through June 30, 2020, with the City’s option to extend the Agreement for up to
two additional years, in one-year increments.
D. The Second Amendment amended Section 4 “Compensation” to increase the total
compensation to 20 percent of the home improvement program expenditures and shall not
exceed One Hundred and Ten Thousand dollars ($110,000).
E. The Third Amendment amended compensation by increasing the hourly rate for the
Program Coordinator from $70.00 to $90.00. The change is result of the Service Provider
hiring their independent contractor as an employee.
F. The Fourth Amendment amends the term of the agreement, extending the term for one year
through June 30, 2021, with the City’s option to extend the Agreement for up to one
additional year.
G. The Fourth Amendment also amends the scope of services to provide the City with
professional consulting services advising staff on the implementation of the City’s Small
Business Assistance Program.
H. The Fourth Amendment amends the compensation increasing the total amount of the contract
by the $29,588 for the administration fees related to the housing rehabilitation program and the
lead and asbestos program and $16,188 for consulting services related to the temporary small
business and micro-enterprise grant program.
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OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the promises made and recited herein, the
parties do hereby enter into this Fourth Amendment which modifies and amends the Agreement
as follows:
1. AMENDMENT. Section 1, “Term of Agreement” shall be extended one year through
June 30, 2021.
2. AMENDMENT. Section 2 (a), “Scope of Services” shall be amended by increasing
the scope of service to provide the City with professional consulting services advising staff on the
implementation of the City’s Small Business Assistance Program. See “Exhibit A” of this
agreement for the additional services.
3. AMENDMENT. Section 4 (a), “Compensation and Method of Payment” shall be
amended by increasing the total by an additional $29,588 ($13,400 for the administration fees
related to the housing rehabilitation program and the lead and asbestos program and $16,188 for
consulting services related to the temporary small business and micro-enterprise grant program).
4. GENERAL PROVISIONS.
4.1 Remainder Unchanged. Except as specifically modified and amended in this
Fourth Amendment, the Agreement remains in full force and effect and binding upon the parties.
4.2 Integration. This Fourth Amendment consists of pages 1 through 5 and Exhibit
“B” inclusive, which constitute the entire understanding and agreement of the parties and
supersedes all negotiations or previous agreements between the parties with respect to all or any
part of the transaction discussed in this Third Amendment.
4.3 Effective Date. This Fourth Amendment shall not become effective until the
date it has been formally approved by the City Council and executed by the appropriate authorities
of the City and Service Provider.
4.4 Applicable Law. The laws of the State of California shall govern the
interpretation and enforcement of this Third Amendment.
4.5 References. All references to the Agreement include all their respective terms
and provisions. All defined terms utilized in this Third Amendment have the same meaning as
provided in the Agreement, unless expressly stated to the contrary in this Third Amendment.
IN WITNESS WHEREOF, the parties hereto have executed this Fourth Amendment to
the Agreement on the date and year first written above.
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CITY: THE CITY OF TEMPLE CITY By:_________________________________ Bryan Cook, City Manager ATTEST: By:______________________________ Peggy Kuo, City Clerk
APPROVED AS TO FORM
By:
Greg Murphy, City Attorney SERVICE PROVIDER: By:_________________________________ Name:___________________________ Title: ___________________________ By:_________________________________ Name:___________________________ Title:____________________________
NOTE: SERVICE PROVIDER’S SIGNATURES SHALL BE DULY NOTARIZED,
AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY
BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION,
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OR OTHER RULES OR REGULATIONS APPLICABLE TO SERVICE
PROVIDER’S BUSINESS ENTITY.
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.
ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
On ____________________, 20__ ,
before me, ,
Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”)
personally appeared , Name of Signer(s)
who proved to me on the basis of satisfactory evidence to be
the person(s) whose name(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 of Notary Public
OPTIONAL
Though this section is optional, completing this information can deter alternation of the document or fraudulent
reattachment of this form to an unintended document.
CAPACIT(IES) CLAIMED BY SIGNER(S) DESCRIPTION OF ATTACHED DOCUMENT
Signer's Name:
Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General
Attorney-In-Fact Number Of Pages
Trustee(s)
Guardian/Conservator
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Date Of Document
Signer(s) Other Than Named Above
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.
ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
On ____________________, 20__ ,
before me, ,
Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”)
personally appeared , Name of Signer(s)
who proved to me on the basis of satisfactory evidence to be
the person(s) whose name(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 of Notary Public
OPTIONAL
Though this section is optional, completing this information can deter alternation of the document or fraudulent
reattachment of this form to an unintended document.
CAPACIT(IES) CLAIMED BY SIGNER(S) DESCRIPTION OF ATTACHED DOCUMENT
Signer's Name:
Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General
Attorney-In-Fact Number Of Pages
Trustee(s)
Guardian/Conservator
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Date Of Document
Signer(s) Other Than Named Above
City of Temple City
June 26, 2020
Mr. Adam Gulick
Associate Planner
City of Temple City
9701 Las Tunas Drive
Temple City, CA 91780
Subject: Proposal to Provide CDBG Administration Services for the Implementation of a Small Business
Assistance Program
Willdan is pleased to present the following submission to the City of Temple City (“City”) to perform consultant services
for the City’s Community Development Block Grant Program. It is our understanding that the City of Temple City is
seeking the services of a professional consulting firm to provide an on-call expert consultant who is experienced in high
level program administration of HUD and U.S. Treasury funded programs, such as the CDBG program and the CARES -
Act. Specifically, to provide advice to staff on implementing a Small Business Assistance Grant Program utilizing a
combination of $323,760 of CARES Act and CDBG funds.
We are confident that our team can successfully provide the full range of services being requested by the City and in a
manner fully consistent with the City’s and CDBG requirements. We believe that our team is uniquely well qualified to
provide these professional services to the City for the following reasons:
Extensive Grant Management and Administration Experience — Willdan provides assistance with the
overall management of grants including Federally-funded programs. Our employees understand the grant
cycle from the proposal stage to the grant/contract close-out process. Willdan has administered all aspects
of the Community Development Block Grant (CDBG) and Home Investment Partnerships (HOME) programs
for municipalities and is operating CDBG- and HOME-funded residential and/or commercial rehabilitation
programs in a number of cities. We have oriented our practice to support the agency’s grant compliance,
budget targets and performance priorities consistent with HUD, OMB Circulars, and State and local
requirements.
Strong Project Management Team — Mr. Timothy C. Colon, will act as the primary contact for the City.
Mr. Colón has 20 years’ experience in reviewing and aligning program policies wit h HUD regulations
under 24 CFR 570, the allocating Federal Register Notice, and HUD CPD notices. Mr. Colón is
knowledgeable in CD BG program planning and Action Plan development.
One-Stop Resource with Range of Capabilities — We can undertake any conceivab le CDBG and
HOME related assignment the City may encounter . Willdan's diverse team includes planners, housing ,
and financial prof essionals. Our team’s past assignments include a wide range of tasks including
preparation and review of environmental assessme nts, implementation of CDBG/HOME housing projects,
labor compliance, financial and performance reporting, and the review, selecti on and monitoring of sub -
recipients and contractors.
Willdan ’s commitment is to provide the highest degree of value to the City of Temple City. We appreciate the
opportunity to present our experience and qualifications and are excited to possibly expand our working relationship
with the City . Should you have any questions , or need additiona l information, please contact me at (562) 364-7600,
or via email at slopez@willdan.com .
Sincerely,
Willdan Engineering
Salvador Lopez Jr.
Director of Planning
City of Temple City
Small Business Assistance Program
City of Temple City
2
Housing and Community Development
Willdan staff has substantial training and experience in providing a variety of community development services to
governmental agencies across Calif ornia. We have administered all aspects of the Community Development Block
Grant (CDBG) and Home Investment Partnerships (HOME) programs for municipalities and are operating CDBG -
and HOME-funded residential and/or commercial rehabilitation programs in a n umber of cities. Our community
development staff has procured grants and other forms of funding from the Dep artment of Housing and Urban
Development (HUD) and the State Department of Housing and Community Development (HCD) for a variety of
purposes, includ ing housing rehabilitation, first -time homebuyer assistance, and public works/community facility
projects. O ur staff has also conducted a wide range of housing studies, including inventories and analyses of
potential housing sites, housing condition survey s, housing element updates, and affordable housing strategies.
Due to our long-term involvement in administe ring housing and community development programs, we have
developed a thorough understanding of the program requirements of the funding agencies invo lved and have
established sound practices and standard procedures to maintain a high level of accuracy and p roductivity. Our
community development staff has strong organizational skills and works efficiently to comply with grant program
deadlines. Addition ally, our staff applies sound technical and creative approaches to addressing grant administration
issues that arise. We have developed good working relationships with the respective funding agencies, including
HUD, HCD, and the CDC. Our staff regularly at tends workshops and seminars sponsored by these agencies in
order to remain current with their regulations a nd procedures.
Grant Administration
Effective grant administration is essential for the successful management and performance of the City’s various
CDBG funded projects. Further, with the release of the “Uniform Guidance” by the U.S. Office of Management and
Budget (OMB) (codified at 2 CFR Part 200), Willdan understands the need to ensure that grant operations are
efficient, accu rate and transparent. Staff have developed several assessment tools and templates designed to assist
grantees in implement ing and adhering to HUD guidelines and OMB administrative requirements.
Staff have gained experience in the following areas:
▪ Prof icient use of the Integrated Disbursement Information System (IDIS) and Disaster Recovery Grant
Reporting System (DRGR);
▪ Financial and performance reporting through the Consolidated Annual Performance Report (CAPER);
▪ Sub-recipient monitoring in accordance with applicable OMB Circulars and enabling grant statues;
▪ Annual single audit preparation;
▪ Technical assistance to provide guidance in the interpretation of the Code of Federal Regulations and Circulars,
as well as appropriate use of federal funds, etc.;
▪ Grant proposal coordination and budget preparation;
▪ Documentation of procedures and training of staff and sub -recipients;
▪ Presentation of reports to executives and council/board members; and
▪ Coordination across multiple agency stakeholders including city st aff, elected officials, HUD and other
consultants to advise on the status of f unding and to ensure earmarking requirements are met.
Our staff is well qualified to provide the services the City of Temple City seeks based on their education, career
training, and work experience. As this broad experience indicates, our staff has work ed in a wide range of multi -
cultural communities and has the experience and knowledge to successfully implement programs in politically and
culturally diverse cities .
City of Temple City
Small Business Assistance Program
City of Temple City
3
Project Understanding
Willdan understands that the City Council gave direction to staff on the use of the City’s CARES Act funds and the City’s
2020-2021 CDBG funds. Staff recommended the City Council use approximately $539,600 of the CDBG funds available
to the City for a Temporary Rental Assistance program and a Small Business Assistance Program. The City is seeking
consultant assistance in implementing the Small Business Assistance Program for a not to exceed amount of five
percent of the program budget of $16,188. The consultant will work on an on-call basis with members of the City
Manager’s Office and the Community Development Department. The assistance to be provided is necessary to ensure
the City’s proper and timely expenditure of program funds and compliance with other regulatory program requirements.
Project Approach
Our project approach begins with designating a complete project management
team. Each project management team will be led by a principal representative with
full authority to direct operations and commit resources. In addition to the principal
representative, the management team will include expert staff specializing in the
type of service requested. Our array of in-house experts allows Willdan to develop
a specialized management team for each requested project.
In addition, Willdan’s size gives us the flexibility to undertake large projects and
projects on a compressed time schedule. If a project arises that requires immediate
or extra attention, Willdan’s flexibility allows tasks to be rapidly delegated to an
expanded team of staff members. This ensures that the project will receive appropriate attention to detail and be
completed in a timely fashion.
The first task of Willdan’s delegated project management team will be to establish a course of action. This task will
begin by coordinating with the City of Temple City to identify specific project objectives. With these objectives in mind,
Willdan’s experienced professionals will actively identify areas of need and design solutions to address t hese needs.
Our policy of open and often client coordination will ensure the established course of action and will be consistent with
the City’s goals.
Once the course of action is established, Willdan will develop a project schedule. Each project schedule will be
developed with the City’s project completion date in mind and will include a critical path and measurable milestones to
ensure the project completion date is met. All project schedules will be submitted to the City to guarantee consistency
with the City’s timeline.
In enacting and completing the course of action, Willdan strives to exceed client expectations for
quality of work. Willdan has a history of completing projects on time, within budget, and beyond industry
standards. Willdan is committed to providing this level of service to the City. As such, after each project
is completed, Willdan will follow-up with the City to gather feedback on the City’s satisfaction with the
project, and to identify methods to improve future service.
The following page details Willdan’s scope of work for performing the work requested in the City’s RFP.
City of Temple City
Small Business Assistance Program
City of Temple City
4
Scope of Work
Below is Willdan’s Scope of Work. All tasks shall be performed in conformance with State requirements while adhering
to program benchmarks.
Willdan’s Tasks Small Business Assistance Program Administration 1. Meet with City representatives to obtain pertinent background information and discussion of
items requiring immediate attention.
2. Discuss Program Eligibility Requirements.
3. Work with City staff to identify eligible and interested businesses.
4. Develop Program Fact Sheets for dissemination to the Business Community.
5. Application intake – completeness, eligibility, etc.
6. Program Funding Prioritization
7. Application Processing
8. Consult on the management and implementation of the program, including the preparation and
review of federal funding requirements as part of the application review, monitoring reports, public
notices, etc. Such activities shall be at the request of City staff.
9. Provide guidance on Disaster Recovery Grants Reporting System (DRGR) and consult on
drawdown requests for reimbursement of expended funds on a monthly basis, or as directed.
10. Assist with the preparation of HUD required reports, notices, and documents necessary.
11. Assist with creation of a monitoring plan for all the project activities to ensure appropriate records
maintenance, reporting, and compliance with all applicable CDBG requirements.
12. Assist with the development and review of all project -related agreements to ensure regulatory
compliance with HUD guidelines.
13. Assist with Compliance Reports, as needed, for project-related use of CDBG grant funds.
14. Assist with record retention polices and activities , as they directly relate to the project’s
implementation.
15. During HUD monitoring, assist the City in gathering and providing requested information to
support compliance with HUD requirements.
Customer Service
The Willdan team is not only committed to maintaining the highest quality of services for the City of
Temple City external customers, but just as importantly, for its internal customers. Our mission is to
actively put forth efforts to develop and nurture positive working relationships wi th City staff in order to
foster the spirit of teamwork. Effective collaboration with City staff is essential to our success in providing
the CDBG best services for the community.
Project Timeline
Willdan staff has substantial training and experience in providing a variety of community development services to
governmental agencies across California. We have administered all aspects of the Community Development Block
Grant (CDBG) programs for municipalities and are operating CDBG funded residential and/or commercial rehabilitation
programs in a number of cities.
Due to our long-term involvement in administering housing and community development programs, we have developed
a thorough understanding of the program requirements and have established sound practices and procedures to
maintain a high level of accuracy and productivity. Our community development staff has strong organizational skills
and creative approaches to addressing grant deadlines. Additionally, our staff applies technical and creative approaches
to addressing administrative issues that arise.
City of Temple City
Small Business Assistance Program
City of Temple City
5
Management and Staffing
Willdan has assembled a highly -qualified project team. As the following resumes illustrate, our team members
collectively possess considerable experience in successfully administering all aspects of CDBG -funded
projects/pr ograms. Willdan’s Director of Planning, Salvador Lopez Jr., will provide corporate oversight, ensuring
that any staff members we place with the City perform to the City’s and Willdan’s expectations of excellence. Mr.
Lopez will be available to the City for any issue they need to discuss regarding Willdan’s work for the City.
Our proposed staff exhibit s a very personable yet professional style in working with City staff. The combination of
team members provides the City with adequate staff coverage to meet both normal daily and any fluctuating program
demands. Our team members ar e as follows:
Mr. Salvador Lopez Jr. will act as Principal-in-Charge. He is responsible for corporate oversight of the firm’s
planning operations. He has more than 2 1 years of professional planning experience that has involved public and
private sector employment. His experience spans all aspects of planning, including housing and community
development, current, advance, and environmental planning, as well as active tr ansportation p lanning. He is highly
experienced at managing multi -disciplinary teams in the development of policy and long -range planning documents
for public agencies.
Mr. Timothy C. Colón will act as CDBG Administration Manager and is a Willdan Engineering CDBG Analyst with
20 years of experience. Mr. Colón is experienced in reviewing and aligning program policies with HUD regulations under
24 CFR 570, the allocating Federal Register Notice, and HUD CPD notices. As a former HUD attor ney, Mr. Colón has
experience drafting CPD notices and guidance at the federal level. Mr. Colón is also knowledgeable in CDBG -DR
program planning and Action Plan development. Mr. Colón will have primary responsibility for this project.
Resume for Mr. Timothy C. Colon is provided on the following page.
Pricing and Compensation
Willdan proposes the not-to-exceed fee of $16,188 to provide grant administration services to implement a Small
Business Assistance Program for the City of Temple City.
ed
Proposed Service Fees
Service Type Cost Estimate
*CDBG Administration Services – Small Business Assistance Program $16,188
Total $16,188
Staff Hourly Rates
Staff Member Project Role Hourly Rate*
Salvador Lopez, Jr. Principal-in-Charge $216
Tim Colón CDBG Analyst (Project Manager) $145
Reimbursable Expenses
Any additional expense for reports or from outside services will be billed to the City. Charges for meeting and consulting wi th
counsel, the City, or other parties regarding services not listed in the scope of work will be at our then-current hourly rates.
City of Temple City
Small Business Assistance Program
City of Temple City
6
Timothy C. Colón, JD, MUP CDBG Administrative Manager
Mr. Timothy C. Colón is a Willdan Engineering CDBG Analyst with 20 years of experience. Mr.
Colón is experienced in reviewing and aligning program policies with HUD regulations under 24
CFR 570, the allocating Federal Register Notice, and HUD CPD notices. As a former HUD
attorney, Mr. Colón has experience drafting CPD notices and guidance at the federal level. Mr.
Colón is also knowledgeable in CDBG-DR program planning and Action Plan development.
Relevant Project Experience
Tetra Tech, Program Manager/Subject Matter Expert - Housing Policy and Disaster Recovery.
Tetra Tech Disaster Recovery Division. Draft, review and align program policies with HUD
regulations under 24 CFR 570, the allocating Federal Register Notice, and HUD CPD notices.
Review and respond to requests for information from field staff which require interpretations of
program policy and HUD regulations related to case specific facts. Provide po licy and compliance
training to staff and vendor personnel. Conduct analyses on current pr ocesses and work with team
leads to identify, document and prioritize process improvements. Provide subject matter expertise
for CDBG-DR program planning and Action Plan development.
US Department of Housing and Urban Development, Los Angeles, CA, New York, NY.
Community Planning and Development Specialist. Office of Community Planning and Development
– Disaster Recovery and Special Issues Division. Advise on the application and interpretation of
policies, rules, and regulatory provisions regarding use of C DBG-DR funds. This involves direct
communication and correspondence with HUD field staff, grantees, public interest groups, and
others. Monitor and evaluate recipients of CDBG-DR funds and other CPD Programs. This process
entails planning, scheduling, conducting on-site reviews, analyzing information, coordinating group
activities, and recommending subsequent actions. Analyze grantee information and determine
compliance with applicable laws and regulations. Present results of this analysis to grantee offici als.
Develop policies and procedures regarding the administration of the National Disaster Resilience
and Rebuild by Design programs supported by CDBG-DR funds, including fostering a team review
process of Action Plan Amendments. Provide coordination between HUD and FEMA in use of
CDBG-DR and FEMA Public Assistance program for emergency repairs to publicly owned systems.
US Department of the Treasury, Washington, DC. Senior Policy Advisor. Supervisory position
that involved managing the creation and implementation of a compliance framework, administered
across 56 participants and encompassing $1.5 Billion, including risk assessment, sample testing,
technical assistance, and on-site review. Led management team in establishing policies,
objectives, and priorities, and developing action plans to accomplish program implementation.
Developed appropriate guidance based on existing law, regulations, precedent and stakeholder
input. Analyzed and answered questions regarding combining different sources of funds, confl icts
of interest, program requirements, and eligible uses of funds. Served as the point of contact for
program oversight bodies, including the Office of the Inspector General and the Government
Accountability Office. Researched and answered oversight inqui ries and responded to audit
reports. Performed legal research and analysis providing oral and written advice, counsel, and
opinions in regard to the laws, regulations, court decisions, and other precedents bearing on the
legal issues involving or impacting Treasury and the State Small Business Credit Initiative, including
appropriations law, agency authority, Constitutional law, conflicts of interest, project finance
techniques, and expanding the scope of agency services. Proposed new legislation and revisi ons
to existing legislation based on program experience and need. Carried out personnel management
responsibilities for a staff of professional and clerical support personnel. Assisted with regulation
drafting for 2016 funding round of the Capital Magnet Fund.
US Department of Housing and Urban Development, Los Angeles, CA. Office of General
Counsel – Office of Assisted Housing and Community Development and Los Angeles Field Office.
Conducted loan closings for the HUD 202/811 programs on projects worth over $25 million. Drafted
and reviewed real estate transaction and loan documents regarding HUD insured housing and
affordable development projects including operating agreements, leases, deeds, deeds of trust,
loan agreement and promissory notes. Reviewed title insurance documentation, survey reports and
conducted transaction due diligence. Advised program staff with legal analysis and interpretation
of laws governing programs including HOME, CDBG, BRAC, ICDBG and others. Provided legal
Education
University of Minnesota,
Minneapolis, MN - Juris
Doctor
University of Kansas,
Lawrence, KS, Master of
Urban Planning
University of Minnesota,
Morris, MN, Bachelor of
Arts, Political Science
20 Years’ Experience
City of Temple City
Small Business Assistance Program
City of Temple City
7
and policy interpretations to program administrators regarding federal economic development and
community development programs. Drafted legal opinions, waivers and briefs for administrators
including the Secretary of HUD. Served as a liaison between the Office of General Counsel and
the Office of Community Planning and Development.
US Department of Housing and Urban Development, Office of Affordable Housing Programs,
Washington DC. Drafted regulations and policies for the HUD Federal Housing Trust Fund.
Drafted policy documents including federal regulations and federal notices for a federal housing
production program. This included formulating, explaining, and interpreting the policy for the HOME
program based on applicable statutory law, federal regulations, and prior written gui dance.
Provided guidance, explaining and interpreting regulations and policies in response to inquiries
from field offices, other federal agencies, congress ional offices, grantees, nonprofit organizations
and constituent groups. Prepared guidance for competitive and formula grant programs including
overseeing the process of making grants to local and state development agencies. Prepared
briefing materials and talking points for the HUD Assistant Secretary and other senior staff.
Formulated new legislation and revisions to existing legislation based on program experience and
need. Reviewed applications for the Self-help Homeownership Opportunity Program (SHOP), a
Federal competitive grant program for the creation of affordable housing.
Office of Community Planning and Development – Los Angeles Field Office. Monitored and
evaluated recipients of CDBG and HOME program funds. Planned, scheduled and, conducted on-
site reviews, analyzed information, coordinated group activities and recommended subsequent
actions. Negotiated, formulated and implemented compliance recommendations in conjunction with
the Office of the Inspector General to clear monitoring findings. This included setting a compliance
agenda, developing priorities, reviewing work products, collecting and analyzing local information,
monitoring job performance, preparing written analysis and recommendations, and identifying
technical assistance needs. Provided advice and guidance concerning the interpretation of policies,
rules, and regulatory provisions. This included direct communications and correspondence with
field staff, grantees, public interest groups, and others.
Office of Block Grant Assistance (CDBG). Assisted in the distribution of Neighborhood
Stabilization Program (a short-term Federal housing and economic development program) to assist
communities severely impacted by the foreclosure crisis. Reviewed plans and developed
recommendations to ensure compliance with NSP statutory requirements and program regulations
including management controls, quality controls, and performance measures.
ATTACHMENT B
AGREEMENT FOR SERVICES
BETWEEN
THE CITY OF TEMPLE CITY, CALIFORNIA
AND
Willdan Engineering
This Agreement for Services ("Agreement") is entered into as of this Hp day of
i�A , 2011 by and between the City of Temple City, a municipal corporation
("Cify") and Willdan Engineering , a California Corporation ("Service Provider").
City and Service Provider are sometimes hereinafter individually referred to as "Party"
and hereinafter collectively referred to as the "Parties."
RECITALS
A. City has sought, by a Request for Proposals (RFP), the performance of
the services defined and described particularly in Section 2 of this Agreement.
B. Service Provider, following submission of a proposal for the performance
of the services defined and described particularly in Section 2 of this Agreement, was
selected by the City to perform those services.
C. Pursuant to the City of Temple City's Municipal Code, City has authority to
enter into this Services Agreement and the City Manager has authority to execute this
Agreement.
D. The Parties desire to formalize the selection of Service Provider for
performance of those services defined and described particularly in Section 2 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 here and other consideration, the value and
adequacy of which are hereby acknowledged, the Parties agree as follows:
SECTION 1. TERM OF AGREEMENT.
Subject to the provisions of Section 20 "Termination of Agreement" of this
Agreement, the Term of this Agreement is from July 1, 2017 through June 30, 2018. As
a result of positive performances and available funds, the City may extend this
Agreement for up to four (4) additional years, in one-year increments.
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SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE.
(a) Scope of Services. Service Provider agrees to perform the services set
forth in Exhibit "A" "Scope of Services" (hereinafter, the "Services") and made a part of
this Agreement by this reference.
(b) Schedule of Performance. The Services shall be completed pursuant to
the schedule specified in Exhibit "A." Should the Services not be completed pursuant to
that schedule, the Service Provider shall be deemed to be in Default of this Agreement.
The City, in its sole discretion, may choose not to enforce the Default provisions of this
Agreement and may instead allow Service Provider to continue performing the
Services.
SECTION 3. ADDITIONAL SERVICES.
Service Provider shall not be compensated for any work rendered in connection
with its performance of this Agreement that are in addition to or outside of the Services
unless such additional services are authorized in advance and in writing in accordance
with Section 26 "Administration and Implementation" or Section 28 "Amendment" of this
Agreement. If and when such additional work is authorized, such additional work shall
be deemed to be part of the Services.
SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreement, City agrees to pay
Service Provider the amounts specified in Exhibit "B" "Compensation" and made a part
of this Agreement by this reference. The total compensation, including reimbursement
for actual expenses, is limited to 20 percent of the home improvement program
expenditures and shall not exceed Sixty Thousand dollars
($ 60,000.00 ), unless additional compensation is approved in writing in
accordance with Section 27 "Administration and Implementation" or Section 29
"Amendment" of this Agreement.
(b) Each month Service Provider shall furnish to City an original invoice for all
work performed and expenses incurred during the preceding month. The invoice shall
detail charges by the following categories: labor (by sub -category), travel, materials,
equipment, supplies, and subcontractor contracts. Subcontractor charges shall be
detailed by the following categories: labor, travel, materials, equipment and supplies. If
the compensation set forth in subsection (a) and Exhibit "B" include payment of labor on
an hourly basis (as opposed to labor and materials being paid as a lump sum), the
labor category in each invoice shall include detailed descriptions of task performed and
the amount of time incurred for or allocated to that task. City shall independently review
each invoice submitted by the Service Provider to determine whether the work
performed and expenses incurred are in compliance with the provisions of this
Agreement. In the event that no charges or expenses are disputed, the invoice shall be
approved and paid according to the terms set forth in subsection (c). In the event any
charges or expenses are disputed by City, the original invoice shall be returned by City
to Service Provider for correction and resubmission.
(c) Except as to any charges for work performed or expenses incurred by
Service Provider which are disputed by City, City will use its best efforts to cause
Service Provider to be paid within forty-five (45) days of receipt of Service Provider's
correct and undisputed invoice.
(d) Payment to Service Provider for work performed pursuant to this
Agreement shall not be deemed to waive any defects in work performed by Service
Provider.
SECTION 5. INSPECTION AND FINAL ACCEPTANCE.
City may inspect and accept or reject any of Service Provider's work under this
Agreement, either during performance or when completed. City shall reject or finally
accept Service Provider's work within sixty (60) days after submitted to City. City shall
reject work by a timely written explanation, otherwise Service Provider's work shall be
deemed to have been accepted. City's acceptance shall be conclusive as to such work
except with respect to latent defects, fraud and such gross mistakes as amount to
fraud. Acceptance of any of Service Provider's work by City shall not constitute a
waiver of any of the provisions of this Agreement including, but not limited to, Section
16 "Indemnification" and Section 17 "Insurance."
SECTION 6. OWNERSHIP OF DOCUMENTS.
All original maps, models, designs, drawings, photographs, studies, surveys,
reports, data, notes, computer files, files and other documents prepared, developed or
discovered by Service Provider in the course of providing the Services pursuant to this
Agreement shall become the sole property of City and may be used, reused or
otherwise disposed of by City without the permission of the Service Provider. Upon
completion, expiration or termination of this Agreement, Service Provider shall turn over
to City all such original maps, models, designs, drawings, photographs, studies,
surveys, reports, data, notes, computer files, files and other documents.
If and to the extent that City utilizes for any purpose not related to this
Agreement any maps, models, designs, drawings, photographs, studies, surveys,
reports, data, notes, computer files, files or other documents prepared, developed or
discovered by Service Provider in the course of providing the Services pursuant to this
Agreement, Service Provider's guarantees and warranties in Section 9 "Standard of
Performance" of this Agreement shall not extend to such use of the maps, models,
designs, drawings, photographs, studies, surveys, reports, data, notes, computer files,
files or other documents.
SECTION 7. SERVICE PROVIDER'S BOOKS AND RECORDS.
(a) Service Provider shall maintain any and all documents and records
demonstrating or relating to Service Provider's performance of the Services. Service
Provider shall maintain any and all ledgers, books of account, invoices, vouchers,
canceled checks, or other documents or records evidencing or relating to work,
services, expenditures and disbursements charged to City pursuant to this Agreement.
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Any and all such documents or records shall be maintained in accordance with
generally accepted accounting principles and shall be sufficiently complete and detailed
so as to permit an accurate evaluation of the services provided by Service Provider
pursuant to this Agreement. Any and all such documents or records shall be
maintained for three (3) years from the date of execution of this Agreement and to the
extent required by laws relating to audits of public agencies and their expenditures.
(b) Any and all records or documents required to be maintained pursuant to
this section shall be made available for inspection, audit and copying, at any time during
regular business hours, upon request by City or its designated representative. Copies
of such documents or records shall be provided directly to the City for inspection, audit
and copying when it is practical to do so; otherwise, unless an alternative is mutually
agreed upon, such documents and records shall be made available at Service
Provider's address indicated for receipt of notices in this Agreement.
(c) Where City has reason to believe that any of the documents or records
required to be maintained pursuant to this section may be lost or discarded due to
dissolution or termination of Service Provider's business, City may, by written request,
require that custody of such documents or records be given to the City. Access to such
documents and records shall be granted to City, as well as to its successors -in -interest
and authorized representatives.
SECTION 8. INDEPENDENT CONTRACTOR.
(a) Service Provider is and shall at all times remain a wholly independent
contractor and not an officer, employee or agent of City. Service Provider shall have no
authority to bind City in any manner, nor 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.
(b) The personnel performing the Services under this Agreement on behalf of
Service Provider shall at all times be under Service Provider's exclusive direction and
control. Neither City, nor any elected or appointed boards, officers, officials, employees
or agents of City, shall have control over the conduct of Service Provider or any of
Service Provider's officers, employees, or agents except as set forth in this Agreement.
Service Provider shall not at any time or in any manner represent that Service Provider
or any of Service Provider's officers, employees, or agents are in any manner officials,
officers, employees or agents of City.
(c) Neither Service Provider, nor any of Service Provider'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. Service Provider expressly
waives any claim Service Provider may have to any such rights.
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SECTION 9. STANDARD OF PERFORMANCE.
Service Provider 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. Service Provider shall
at all times faithfully, competently and to the best of its ability, experience and talent,
perform all Services. In meeting its obligations under this Agreement, Service Provider
shall employ, at a minimum, generally accepted standards and practices utilized by
persons engaged in providing services similar to the Services required of Service
Provider under this Agreement. In addition to the general standards of performance set
forth this section, additional specific standards of performance and performance criteria
may be set forth in Exhibit "A" "Scope of Work" that shall also be applicable to Service
Provider's work under this Agreement. Where there is a conflict between a general and
a specific standard of performance or performance criteria, the specific standard or
criteria shall prevail over the general.
SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND
LICENSES.
Service Provider shall keep itself informed of and comply with all applicable
federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect
during the term of this Agreement. Service Provider shall obtain any and all licenses,
permits and authorizations necessary to perform the Services set forth in this
Agreement. Neither City, nor any elected or appointed boards, officers, officials,
employees or agents of City, shall be liable, at law or in equity, as a result of any failure
of Service Provider to comply with this section.
SECTION 11. PREVAILING WAGE LAWS
It is the understanding of City and Service Provider that California prevailing
wage laws do not apply to this Agreement because the Agreement does not involve any
of the following services subject to prevailing wage rates pursuant to the California
Labor Code or regulations promulgated thereunder: Construction, alteration, demolition,
installation, or repair work performed on public buildings, facilities, streets or sewers
done under contract and paid for in whole or in part out of public funds. In this context,
"construction" includes work performed during the design and preconstruction phases
of construction including, but not limited to, inspection and land surveying work.
SECTION 12. NONDISCRIMINATION.
Executive Order 11246 requires that during the performance of this Agreement,
the Service Provider agrees not to discriminate against any employee or applicant for
employment because of race, religion, sex, color, or national origin. The Service
Provider will take affirmative action to ensure that applicants are employed, and that
employees are treated during employment, without regard to their race, religion, sex,
color, or national origin. Such action shall include, but not limited to, the following:
employment upgrading, demotion or transfer: recruitment or recruitment advertising:
layoff or termination: rates of pay or other forms of compensation: and selection for
5
training, including apprenticeship. The Service Provider agrees to post in conspicuous
places, available to employees and applicants for employment, notices to be provided
by the Service Provider setting forth the provisions of this nondiscrimination clause.
SECTION 13. UNAUTHORIZED ALIENS.
Service Provider hereby promises and agrees to comply with all of the provisions
of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as
amended, and in connection therewith, shall not employ unauthorized aliens as defined
therein. Should Service Provider so employ such unauthorized aliens for the
performance of the Services, and should the any liability or sanctions be imposed
against City for such use of unauthorized aliens, Service Provider 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.
SECTION 14. CONFLICTS OF INTEREST.
(a) Service Provider 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 Service Provider's
performance of the Services. Service Provider 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 City Manager. Service Provider 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.
(b) City understands and acknowledges that Service Provider is, as of the
date of execution of this Agreement, independently involved in the performance of non -
related services for other governmental agencies and private parties. Service Provider
is unaware of any stated position of City relative to such projects. Any future position of
City on such projects shall not be considered a conflict of interest for purposes of this
section.
(c) City understands and acknowledges that Service Provider will, perform
non -related services for other governmental agencies and private Parties following the
completion of the Services under this Agreement. Any such future service shall not be
considered a conflict of interest for purposes of this section.
SECTION 15. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION.
(a) All information gained or work product produced by Service Provider in
performance of this Agreement shall be considered confidential, unless such
information is in the public domain or already known to Service Provider. Service
Provider shall not release or disclose any such information or work product to persons
or entities other than City without prior written authorization from the City Manager,
except as may be required by law.
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(b) Service Provider, its officers, employees, agents or subcontractors, shall
not, without prior written authorization from the City Manager or unless requested by the
City Attorney of City, voluntarily provide 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 Service Provider gives City notice of such court order
or subpoena.
(c) If Service Provider, or any officer, employee, agent or subcontractor of
Service Provider, provides any information or work product in violation of this
Agreement, then City shall have the right to reimbursement and indemnity from Service
Provider for any damages, costs and fees, including attorneys fees, caused by or
incurred as a result of Service Provider's conduct.
(d) Service Provider shall promptly notify City should Service Provider , 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 thereunder. City retains the right, but
has no obligation, to represent Service Provider or be present at any deposition,
hearing or similar proceeding. Service Provider agrees to cooperate fully with City and
to provide City with the opportunity to review any response to discovery requests
provided by Service Provider. However, this right to review any such response does not
imply or mean the right by City to control, direct, or rewrite said response.
SECTION 16. INDEMNIFICATION.
(a) Indemnification for Professional Liability. Where the law establishes a
professional standard of care for Service Provider's services, to the fullest extent
permitted by law, Service Provider shall indemnify, protect, defend and hold harmless
City and any and all of its officials, employees and agents ("Indemnified Parties") from
and against any and all liability (including liability for claims, suits, actions, arbitration
proceedings, administrative proceedings, regulatory proceedings, losses, expenses or
costs of any kind, whether actual, alleged or threatened, including attorneys fees and
costs, court costs, interest, defense costs, and expert witness fees) arise out of, are a
consequence of, or are in any way attributable to, in whole or in part, any negligent or
wrongful act, error or omission of Service Provider, or by any individual or entity for
which Service Provider is legally liable, including but not limited to officers, agents,
employees or sub -contractors of Service Provider, in the performance of professional
services under this Agreement.
(b) Indemnification for Other than Professional Liability. Other than in the
performance of professional services and to the full extent permitted by law, Service
Provider shall indemnify, protect, defend and hold harmless City, and any and all of its
employees, officials and agents from and against any liability (including liability for
claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory
proceedings, losses, expenses or costs of any kind, whether actual, alleged or
threatened, including attorneys fees and costs, court costs, interest, defense costs, and
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expert witness fees), where the same arise out of, are a consequence of, or are in any
way attributable to, in whole or in part, the performance of this Agreement by Service
Provider or by any individual or entity for which Service Provider is legally liable,
including but not limited to officers, agents, employees or sub -contractors of Service
Provider.
(c) Indemnification from Subcontractors. Service Provider agrees to obtain
executed indemnity agreements with provisions identical to those set forth in this
section from each and every subcontractor or any other person or entity involved by,
for, with or on behalf of Service Provider in the performance of this Agreement naming
the Indemnified Parties as additional indemnitees. In the event Service Provider fails to
obtain such indemnity obligations from others as required herein, Service Provider
agrees to be fully responsible according to the terms of this section. Failure of City to
monitor compliance with these requirements imposes no additional obligations on City
and will in no way act as a waiver of any rights hereunder. This obligation to indemnify
and defend City as set forth herein is binding on the successors, assigns or heirs of
Service Provider and shall survive the termination of this Agreement or this section.
(d) Limitation of Indemnification. Notwithstanding any provision of this
section to the contrary, design professionals are required to defend and indemnify the
City only to the extent permitted by Civil Code Section 2782.8, which limits the liability of
a design professional to claims, suits, actions, arbitration proceedings, administrative
proceedings, regulatory proceedings, losses, expenses or costs that arise out of,
pertain to, or relate to the negligence, recklessness, or willful misconduct of the design
professional. The term "design professional," as defined in Section 2782.8, is limited to
licensed architects, licensed landscape architects, registered professional engineers,
professional land surveyors, and the business entities that offer such services in
accordance with the applicable provisions of the California Business and Professions
Code.
(e) City's Negligence. The provisions of this section do not apply to claims
occurring as a result of City's sole negligence. The provisions of this section shall not
release City from liability arising from gross negligence or willful acts or omissions of
City or any and all of its officials, employees and agents.
SECTION 17. INSURANCE.
Service Provider agrees to obtain and maintain in full force and effect during the
term of this Agreement the insurance policies set forth in Exhibit "C" "Insurance" and
made a part of this Agreement. All insurance policies shall be subject to approval by
City as to form and content. These requirements are subject to amendment or waiver if
so approved in writing by the City Manager. Service Provider agrees to provide City
with copies of required policies upon request.
SECTION 18. ASSIGNMENT.
The expertise and experience of Service Provider are material considerations for
this Agreement. City has an interest in the qualifications and capability of the persons
8
and entities who will fulfill the duties and obligations imposed upon Service Provider
under this Agreement. In recognition of that interest, Service Provider shall not assign
or transfer this Agreement or any portion of this Agreement or the performance of any
of Service Provider's duties or obligations under this Agreement without the prior written
consent of the City. Any attempted assignment shall be ineffective, null and void, and
shall constitute a material breach of this Agreement entitling City to any and all
remedies at law or in equity, including termination of this Agreement pursuant to
Section 20 "Termination of Agreement." City acknowledges, however, that Service
Provider, in the performance of its duties pursuant to this Agreement, may utilize
subcontractors.
SECTION 19. CONTINUITY OF PERSONNEL.
Service Provider shall make every reasonable effort to maintain the stability and
continuity of Service Provider's staff and subcontractors, if any, assigned to perform the
Services. Service Provider shall notify City of any changes in Service Provider's staff
and sub -contractors, if any, assigned to perform the Services prior to and during any
such performance.
SECTION 20. TERMINATION OF AGREEMENT.
(a) City may terminate this Agreement, with or without cause, at any time by
giving thirty (30) days written notice of termination to Service Provider. In the event
such notice is given, Service Provider shall cease immediately all work in progress.
(b) Service Provider may terminate this Agreement for cause at any time
upon thirty (30) days written notice of termination to City.
(c) If either Service Provider or City fail to perform any material obligation
under this Agreement, then, in addition to any other remedies, either Service Provider,
or City may terminate this Agreement immediately upon written notice.
(d) Upon termination of this Agreement by either Service Provider or City, all
property belonging exclusively to City which is in Service Provider's possession shall be
returned to City. Service Provider shall furnish to City a final invoice for work performed
and expenses incurred by Service Provider, prepared as set forth in Section 4
"Compensation and Method of Payment" of this Agreement. This final invoice shall be
reviewed and paid in the same manner as set forth in Section 4 "Compensation and
Method of Payment" of this Agreement.
SECTION 21. DEFAULT.
In the event that Service Provider is in default under the terms of this Agreement,
the City shall not have any obligation or duty to continue compensating Service Provider
for any work performed after the date of default. Instead, the City may give notice to
Service Provider of the default and the reasons for the default. The notice shall include
the timeframe in which Service Provider may cure the default. This timeframe is
presumptively thirty (30) days, but may be extended, though not reduced, if
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circumstances warrant. During the period of time that Service Provider 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 Service Provider does
not cure the default, the City may take necessary steps to terminate this Agreement
under Section 20 "Termination of Agreement." Any failure on the part of the City to give
notice of the Service Provider'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.
SECTION 22. EXCUSABLE DELAYS.
Service Provider shall not be liable for damages, including liquidated damages, if
any, caused by delay in performance or failure to perform due to causes beyond the
control of Service Provider. Such causes include, but are not limited to, acts of God,
acts of the public enemy, acts of federal, state or local governments, acts of City, court
orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather.
The term and price of this Agreement shall be equitably adjusted for any delays due to
such causes.
SECTION 23. County Lobby Certfication and Executive Order 11246 (EOE).
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; that all persons/entity/firms acting on behalf
of the above named Service Provider have and will comply with the County Code, and;
that any person/entity/firm who seeks a contract with the Community Development
Commission shall be disqualified there from 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 above named Service Provider fails to comply with the
provisions of the County Code.
SECTION 24. COOPERATION BY CITY.
All public information, data, reports, records, and maps as are existing and
available to City as public records, and which are necessary for carrying out the
Services shall be furnished to Service Provider in every reasonable way to facilitate,
without undue delay, the Services to be performed under this Agreement.
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SECTION 25. NOTICES.
All notices required or permitted to be given under this Agreement shall be in
writing and shall be personally delivered, or sent by telecopier or certified mail, postage
prepaid and return receipt requested, addressed as follows:
To City:
City of Temple City
Attn: City Manager
9701 Las Tunas Dr.
Temple City, CA 91780
To Service Provider: Willdan Engineering
13191 Crossroads Pkwy North,
Suite 405
City of Industry, CA 91746
Notice shall be deemed effective on the date personally delivered or transmitted
by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the
United States Postal Service.
SECTION 26. AUTHORITY TO EXECUTE.
The person or persons executing this Agreement on behalf of Service Provider
represents and warrants that he/she/they has/have the authority to so execute this
Agreement and to bind Service Provider to the performance of its obligations
hereunder.
SECTION 27. ADMINISTRATION AND IMPLEMENTATION.
This Agreement shall be administered and executed by the City Manager or his
or her designated representative. The City Manager shall have the authority to issue
interpretations and to make amendments to this Agreement, including amendments that
commit additional funds, consistent with Section 28 "Amendment" and the City
Manager's contracting authority under the Temple City Municipal Code.
SECTION 28. BINDING EFFECT.
This Agreement shall be binding upon the heirs, executors, administrators,
successors and assigns of the Parties.
SECTION 29. AMENDMENT.
No amendment to or modification of this Agreement shall be valid unless made
in writing and approved by the Service Provider and by the City. The City Manager
shall have the authority to approve any amendment to this Agreement if the total
compensation under this Agreement, as amended, would not exceed the City
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Manager's contracting authority under the Temple City Municipal Code. All other
amendments shall be approved by the City Council. The Parties agree that the
requirement for written modifications cannot be waived and that any attempted waiver
shall be void.
SECTION 30. 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 nor a waiver of any subsequent breach or
violation of any provision of this Agreement. Acceptance by City of any work or
services by Service Provider shall not constitute a waiver of any of the provisions of this
Agreement.
SECTION 31. LAW TO GOVERN; VENUE.
This Agreement shall be interpreted, construed and governed according to the
laws of the State of California. In the event of litigation between the Parties, venue in
state trial courts shall lie exclusively in the County of Los Angeles, California. In the
event of litigation in a U.S. District Court, venue shall lie exclusively in the Central
District of California, in Los Angeles.
SECTION 32. ATTORNEYS FEES, COSTS AND EXPENSES.
In the event litigation or other proceeding is required to enforce or interpret any
provision of this Agreement, the prevailing Party in such litigation or other proceeding
shall be entitled to an award of reasonable attorney's fees, costs and expenses, in
addition to any other relief to which it may be entitled.
SECTION 33. ENTIRE AGREEMENT.
This Agreement, including the attached Exhibits "A" through "C", is the entire,
complete, final and exclusive expression of the Parties with respect to the matters
addressed therein and supersedes all other agreements or understandings, whether
oral or written, or entered into between Service Provider and City prior to the execution
of this Agreement. No statements, representations or other agreements, whether oral
or written, made by any Party which are not embodied herein shall be valid and binding.
SECTION 34. SEVERABILITY.
If any term, condition or covenant of this Agreement is declared or determined by
any court of competent jurisdiction to be invalid, void or unenforceable, the remaining
provisions of this Agreement shall not be affected thereby and the Agreement shall be
read and construed without the invalid, void or unenforceable provision(s).
-12-
SECTION 35. CONFLICTING TERMS.
Except as otherwise stated herein, if the terms of this Agreement conflict with the
terms of any Exhibit hereto, or with the terms of any document incorporated by
reference into this Agreement, the terms of this Agreement shall control.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on
the date and year first -above written.
ATTEST:
PeggKuo
City Clerk
CITY OF TEMPLE CITY
Bryan Cook
City Manager
- 13 -
APPROVED AS TO FORM
Eric ail
City Attorney
By: �By:
��f�1 M . fre :,,J I C
Its: Ut 4 fy 1 /' ✓cc..1121/ Its: 5 41., .
NOTE: SERVICE PROVIDER'S SIGNATURES SHALL BE DULY NOTARIZED,
AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY
BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION,
OR OTHER RULES OR REGULATIONS APPLICABLE TO SERVICE
PROVIDER'S BUSINESS ENTITY.
- 14-
Signer's Name:
Individual
Corporate Officer
Partner(s)
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.
ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
��(� ? MO,(ci �, ��P�1I � a��►I �o�oi�ry �61
On I 20� before me,
Date Name And Title Of Officer (e.g. "J a Doe, Notary Public")
Ul 11I(TY-'1 Ce ii VA`-01
Name of Signer(s)
who proved to me on the basis of satisfactory evidence to be the
person(s) whose name(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.
personally appeared
MARCIA JEAN HIGASHI
Notary Public - California
Los Angeles County
Commission IP 2187953
My Comm. Expires Apr 7, 2021
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.
`tr',`vc Signature of Notary Pu
OPTIONAL
Though this section is optional, completing this information can deter alternation of the document or fraudulent
reattachment of this form to an unintended document.
CAPACIT(IES) CLAIMED BY SIGNER(S) DESCRIPTION OF ATTACHED DOCUMENT
C e r.A Page-N
ACyt t Nal uyit 4 y6 3
Title(s) Title or Type of Document
Limited
General
Attorney -In -Fact
Trustee(s)
Guardian/Conservator
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Number Of Pages
My1)�o1�
Date Of Document
Signer(s) Other Than Named Above
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.
ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On M Get`/ _L
ll gate
personally appeared
, 2(17, before me,
MARCIA JEAN HIGASHI
Notary Public - California
Los Angeles County
Commission * 2187953
M Comm. Expires A ' r 7, 2021
MaICiA-. All Vt1 a5�
Name And Title Of Officer (e.g. "Jane D, Notary Public")
Name of Signers)
who proved to me on the basis of satisfactory evidence to be the
person(s) whose name(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.
OPTIONAL
ipnature of Notary Pu is ignature of Notary Pu is
Though this section is optional, completing this information can deter alternation of the document or fraudulent
reattachment of this form to an unintended document.
CAPACIT(IES) CLAIMED BY SIGNER(S) DESCRIPTION OF ATTACHED DOCUMENT
Signer's Name:
Individual
Corporate Officer
•
•
•
•
GLLJo( (A. fo,i)
Title(s)
Partner(s)
Attorney -In -Fact
Trustee(s)
Guardian/Conservator
Other:
Limited
General
Signer is representing:
Name Of Person(s) Or Entity(ies)
..(ee ,r(►e�n', �ir( SPY\/ l C e S
Title or Type of Document
34
Number Of Pages
Date'Of Document
Signer(s) Other Than Named Above
EXHIBIT "A"
SCOPE OF SERVICES
I. Service Provider will perform the following Services:
A. Administer the City's Community Development Block Grant Program.
B. Administer the City's Housing Rehabilitation Program.
C. Conduct preliminary interviews with property owners to determine the
household's eligibility status and improvements for dwelling unit.
D. Process applications for the Housing Rehabilitation Program funding for
eligible homeowners.
E. Obtain all required supporting documentation including income
verification, value of property, condition of title, and credit worthiness of
applicant, as applicable.
F Conduct property inspections and prepare work write-ups and, if
necessary, cost estimates.
G. Complete all applicable CDBG documents relating to the improvement
activities, inclusive of: lead -based paint requirements, historical
preservation review, etc.
H. Prepare specifications and bid documents, and review received bids with
homeowner.
Approve selection of contractor, and prepare and execute documents for
financial assistance to homeowner.
J. Obtain contractor clearances for non -inclusion on the Federal
Debarred/Suspended List and determine that contractor is licensed and
bonded through the State License Contractor's Board.
K. Conduct pre -construction conference to review all proposed work with the
homeowner and contractor.
L. Conduct asbestos and lead -based paint initial inspections; ensure that
contractor's abate asbestos/lead-based paint according to the report. Call
for final inspection after construction is complete.
A-1
M. Conduct progress inspections to ensure that work is proceeding in a
timely manner and to authorize and disburse progress payments.
N. Execute and record Notice of Completion upon final inspection certifying
that the improvements have been completed in accordance with contract
requirements.
O. Acquire lien releases from contractors and subcontractors, obtain
homeowner's authorization for final payment, and execute close-out of
contractors work by ensuring that the permanent file contains required
documentation for LACDC monitoring and audit purposes.
P. Prepare monthly progress reports to City staff.
Q. Assist City staff with preparing funding requests for the Housing
Rehabilitation, Asbestos Testing/Abatement, and Youth Scholarship
Programs.
R. Provide the City with program accomplishment data, needed for the
Quarterly Performance Reports to the LACDC.
S. Generate language for community marketing and outreach for the
Housing Rehabilitation Program.
II. As part of the Services, Service Provider will prepare and deliver the following
tangible work products to the City:
A. Complete CDBG documents related to home improvement activates.
B. Documentation of eligibility of program participants.
C. Contractor clearances and/or certifications.
D. Progress inspection reports.
E. Notices of completion.
A-2
III. During performance of the Services, Service Provider will keep the City
appraised of the status of performance by delivering the following status reports:
A. Monthly progress reports with information relating to people on the waiting
list, people that did not qualify, projects pending, projects under
construction, and projects completed.
B. Quarterly Performance Reports (QPR)
IV. The tangible work products and status reports will be delivered to the City
pursuant to the following schedule:
A. One (1) monthly progress report for each month of the Calendar Year
staring with the commencement of the Agreement.
B. One (1) Quarterly Performance Report provided every three months
starting with the commencement of the Agreement.
V. Service Provider will utilize the following personnel to accomplish the
Services:
A. Sandi Medrano, Program Coordinator
B. Jane Freij, Labor Compliance Manager
C. Andre Dupre, Co -Program Coordinator/Principal Planner
D. Dean Sherer, Principal Planner
VI. Service Provider will utilize the following subcontractors to accomplish the
Services:
A. N/A
B. N/A
C. N/A
D. N/A
A-3
EXHIBIT "B"
COMPENSATION
I. Service Provider shall use the following rates of pay in the performance of the
Services:
A. Program Coordinator $70.00
[job] [hourly rate]
B Labor Compliance $130.00
[job] [hourly rate]
Co -Program Coordinator/
C. Principal Planner $146.00
[job] [hourly rate]
D. Principal Planner $146.00
E.
[job] [hourly rate]
[job] [hourly rate]
II. Service Provider may utilize subcontractors as indicated in this Agreement.
The hourly rate for any subcontractor is not to exceed $ N/A per hour without
written authorization from the City Manager or his designee.
III. The total compensation for the Services is limited to 20 percent of the home
improvement program (loan/grant program and asbestos testing/abatement
grant) expenditures and shall not exceed $ 60,000 , as provided in Section 4
"Compensation and Method of Payment" of this Agreement.
B-1
EXHIBIT "C"
INSURANCE
A. Insurance Requirements. Service Provider shall provide and maintain
insurance, acceptable to the City, in full force and effect throughout the term of this
Agreement, against claims for injuries to persons or damages to property which may
arise from or in connection with the performance of the Services by Service Provider, its
agents, representatives or employees. Insurance is to be placed with insurers with a
current A.M. Best's rating of no less than A:VII.
Service Provider shall provide the following scope and limits of insurance:
1. Minimum Scope of Insurance. Coverage shall be at least as broad
as:
(1) Commercial General Liability. Insurance Services Office
form Commercial General Liability coverage (Occurrence Form CG 0001).
(2) Automobile. Insurance Services Office form number CA
0001 (Ed. 1/87) covering Automobile Liability, including code 1 "any auto" and
endorsement CA 0025, or equivalent forms subject to the written approval of the City.
(3) Workers' Compensation. Workers' Compensation insurance
as required by the Labor Code of State of California covering all persons providing
Services on behalf of the Service Provider and all risks to such persons under this
Agreement.
(4) Professional Liability. Professional liability insurance
appropriate to the Service Provider's profession. This coverage may be written on a
"claims made" basis, and must 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 three (3) consecutive
years following the completion of Service Provider's services or the termination of this
Agreement. During this additional three (3) year period, Service Provider shall annually
and upon request of the City submit written evidence of this continuous coverage.
2. Minimum Limits of Insurance. Service Provider shall maintain limits
of insurance no less than:
(1) Commercial General Liability. $1,000,000 general
aggregate for bodily injury, personal injury and property damage.
C-1
(2) Automobile. $1,000,000 per accident for bodily injury and
property damage. A combined single limit policy with aggregate limits in an amount of
not less than $2,000,000 shall be considered equivalent to the said required minimum
limits set forth above.
(3) Workers' Compensation. Workers' Compensation as
required by the Labor Code of the State of California of not less than $1,000,000 per
occurrence.
(4) Professional Liability. $1,000,000 per claim and $2,000,000
annual aggregate.
B. Other Provisions. Insurance policies required by this Agreement shall
contain the following provisions:
1. All Policies. Each insurance policy required by this Agreement
shall be endorsed and state the coverage shall not be suspended, voided, cancelled by
the insurer or either Party to this Agreement, reduced in coverage or in limits except
after 30 days' prior written notice by certified mail, return receipt requested, has been
given to City.
2. Commercial General Liability and Automobile Liability Coverages.
(1) City, and its respective elected and appointed officers,
officials, and employees and volunteers are to be covered as additional insureds as
respects: liability arising out of activities Service Provider performs; products and
completed operations of Service Provider; premises owned, occupied or used by
Service Provider; or automobiles owned, leased, hired or borrowed by Service Provider.
The coverage shall contain no special limitations on the scope of protection afforded to
City, and their respective elected and appointed officers, officials, or employees.
(2) Service Provider's insurance coverage shall be primary
insurance with respect to City, and its respective elected and appointed, its officers,
officials, employees and volunteers. Any insurance or self-insurance maintained by
City, and its respective elected and appointed officers, officials, employees or
volunteers, shall apply in excess of, and not contribute with, Service Provider's
insurance.
(3) Service Provider'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.
(4) Any failure to comply with the reporting or other provisions of
the insurance policies, including breaches of warranties, shall not affect coverage
C-2
provided to City, and its respective elected and appointed officers, officials, employees
or volunteers.
3. Workers' Compensation Coverage. Unless the City Manager
otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation
against City, and its respective elected and appointed officers, officials, employees and
agents for losses arising from work performed by Service Provider.
C. Other Requirements. Service Provider agrees to deposit with City, at or
before the effective date of this Agreement, certificates of insurance necessary to
satisfy City that the insurance provisions of this contract have been complied with. The
City may require that Service Provider furnish City with copies of original endorsements
effecting coverage required by this Exhibit "C". The certificates and endorsements are
to be signed by a person authorized by that insurer to bind coverage on its behalf. City
reserves the right to inspect complete, certified copies of all required insurance policies,
at any time.
1. Service Provider shall furnish certificates and endorsements from
each subcontractor identical to those Service Provider provides.
2. 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 Service Provider shall
procure a bond guaranteeing payment of losses and related investigations, claim
administration, defense expenses and claims.
3. The procuring of such required policy or policies of insurance shall
not be construed to limit Service Provider's liability hereunder nor to fulfill the
indemnification provisions and requirements of this Agreement.