Loading...
HomeMy Public PortalAbout05) 7D_CDBG Housing Consultant_Staff ReportCOMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM DATE:July 6, 2021 TO:The Honorable City Council FROM: Bryan Cook, City Manager Via: Scott Reimers, Community Development Director By: Adam Gulick, Associate Planner SUBJECT: APPROVAL OF CONSULTANT SERVICES AGREEMENT WITH SANDI MEDRANO TO PROVIDE HOUSING CONSULTANT SERVICES FOR THE CITY’S HOME IMPROVEMENT PROGRAMS RECOMMENDATION: The City Council is requested to: 1.Approve a consultant services agreement (Attachment “A”) with Sandi Medrano (Medrano) to provide housing consultant services for Fiscal Year (FY) 2021-22, which cannot exceed 20 percent of the expenditures for the City’s Home Improvement Program and Permanent Local Housing Allocation or $73,800, whichever is less; and 2.Authorize the City Manager to finalize and execute the consultant services agreement with Medrano for FY 2021-22. BACKGROUND: 1.On May 16, 2017, the City Council approved a new consultant services agreement not to exceed $60,000 with Willdan for FY 2017-18. The contract was extended four additional years, in one-year increments. The contract expired on June 30, 2021. 2.On May 27, 2021, the City issued a Request for Proposals (RFP) seeking a qualified consulting firm to assist in administering the City’s home improvement programs (Attachment “B”). The RFP is for FY 2021-22 with the option to renew the contract for an additional four years, for a total of five years. 3.On June 10, 2021, before the deadline, the City received proposals from John Mark Project Management, Willdan Engineering, and Sandi Medrano (Attachment “C”). AGENDA ITEM 7.D. City Council July 6, 2021 Page 2 of 4 4. On June 16, 2021, Community Development staff met to review the submitted proposals. As specified in the RFP, City staff evaluated the submitted proposals for completeness, the consultant’s experience with operating a home improvement program utilizing Community Development Block Grant (CDBG) funds, and the consultant’s ability to provide services in an efficient and cost-effective manner. ANALYSIS: It is standard practice for cities and counties to issue RFPs for contract services regularly to ensure that they are receiving a competitive price. The City has contracted with Willdan for housing consultant services since 2011, with the current agreement set to expire on June 30, 2021. The RFP was posted on the City’s website, the Los Angeles American Planning Association’s website, and sent to seven companies that provide CDBG administration services for various Los Angeles County Development Authority (LACDA) participating cities. The City received three proposals for CDBG/housing consultant services. Community Development staff reviewed the submitted proposals and analyzed them based on the criteria specified in the RFP. It was a consensus amongst Community Development staff that Medrano was the best qualified of the three proposals to provide effective, efficient, and quality home improvement services. Medrano has over 24 years of experience assisting cities and counties with administering their home improvement programs utilizing an array of different funds. As a “participating city” under the LACDA, it is important that the City hire a consultant that has experience with LACDA’s extensive procedures. Medrano works for the current housing consultant and has administered Temple City’s home improvement program for the past nine years. Medrano has also worked with 10 various cities in Los Angeles and Orange Counties. The consultant costs will be reimbursed by CDBG funds allocated to the City’s Home Improvement Program and the Asbestos (and Lead-Based Paint) Testing and Abatement Program. The City Council allocated $100,000 of CDBG funds for the two programs for FY 2021-22. There is an additional $60,000 worth of unallocated CDBG funds, which can be used on FY 2021-22 Programs. As specified in the CDBG Program, a maximum of 20 percent of each program’s allocation can be used for administrative cost purposes. Additionally, the consultant services agreement is flexible enough to provide the necessary services if the CDBG home rehabilitation program is expanded due to previous loans being paid back or the City carrying over funds from FY 2020-21. The maximum administrative costs will always be limited to 20 percent of the program’s expenditures, so the consultant’s reimbursement will be based on the completion of home improvement projects. Additionally, the proposed agreement includes an City Council July 6, 2021 Page 3 of 4 additional $38,800 if an accessibility modifications program is established by the City Council using the City’s portion of Permanent Local Housing Allocation (PLHA) funds. Below is a table summarizing all four components of the consultant service’s agreement. Program Budget Rehabilitation Budget Maximum Consultant Costs Housing Rehabilitation Program (CDBG funds) $80,000 $64,000 $16,000 Asbestos and Lead-Based Paint Program (CDBG funds) $20,000 $16,000 $4,000 Estimated CDBG funds from deferred loans paid back to the City and, or carryover funds from FY 2020-21 CDBG Programs $75,000 $60,000 $15,000 Accessibility Modifications Program (PLHA funds) $194,001 $155,201 $38,800 Total $369,001 $295,201 $73,800 The anticipated home improvement budget of $175,000 for the City’s home improvement program includes 20 percent for consultant services ($35,000) as allowed by the CDBG Program. If a $194,001 Accessibility Modifications Program is established, another 20 percent of the budget ($38,800) will be available for consultant services. The agreement with Medrano is not to exceed $73,800 for FY 2021-22, which includes additional funds in the event the City receives additional CDBG funds. Oversight of the programs will be provided by Community Development staff. Additionally, the Los Angeles County Development Authority (LACDA) performs annual programmatic and financial audits to ensure that the City’s CDBG Programs comply with LACDA and CDBG regulations. CITY STRATEGIC GOALS: Approval of the Agreement for CDBG and Housing Consultant Services with Medrano 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 2021-22 City Budget as the costs were included in the budget adoption. City Council July 6, 2021 Page 4 of 4 ATTACHMENTS: A.Consultant Services Agreement with Medrano for FY 2021-22 B.City’s Request for Proposal for CDBG and Housing Consultant Services C.Medrano Proposal, June 8, 2021 ATTACHMENT A AGREEMENT FOR SERVICES BETWEEN THE CITY OF TEMPLE CITY, CALIFORNIA AND .5a�r�Cr� Y 17 r✓fea°ran� This Agreement for Services ("Agreement") is entered into as of this day of , 2021 by and between the City of Temple City, a municipal corporation ("City") and , a ("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 Proposal (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 , 2021 through June 30, 2022, commencing on the date first ascribed above. As a result of positive performances and available funds, the City may extend this Agreement up to four (4) additional years, in one-year increments. RlV #4838-6958-3880 v3 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 and is limited to 20 percent of the Permanent Local Housing Allocation (PLHA) accessibility improvement program, shall not exceed Seventy -Three Thousand Eight Hundred dollars ($ 73,800.00 ), unless additional compensation is approved in writing in accordance with Section 26 "Administration and Implementation" or Section 28 "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. R]V #4838-6958-3880 v3 - 2 - (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. R1V 114838-6958-3880 v3 -3- 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. RIV #4838-6958-3880 v3 4 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 RIV #4838-6958-3880 v3 - 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. RIV 44838-6958-3880 v3 6 (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 attorney 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 attorney 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 attorney fees and costs, court costs, interest, defense costs, and RIV #4838-6958-3880 v3 -7- 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 RIV #4838-6958-3880 v3 -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 circumstances warrant. During the period of time that Service Provider is in default, the RIV #4838-6958-3880 v3 -9- 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. RIV #4838-6958-3880 v3 - 10- 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: ,jL% frL I' o 1V:4 t D / 5 gem 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 Manager's contracting authority under the Temple City Municipal Code. All other RIV #4838-6958-3880 v3 - 11 - 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). R1V #4g38-6958-3880 v3 - 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. CITY OF TEMPLE CITY Bryan Cook, City Manager ATTEST: APPROVED AS TO FORM: Peggy Kuo, City Clerk Greg Murphy, City Attorney CONTRACTOR: By (Authorize fficer) Name: ,?di Y.. Media/L:6 Title. T%ri� (2"d signature required if Corporation, Incorporation or Limited Liability Corporation) RIV #4838-6958-3880 v3 - 13 - 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 A v ►Jf a LI Date , 2011, before me, Sandra Scott, Notary Public 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. SANDRA YANIRA SCOTT Notary Public - California Los Angeles County Commission # 2327247 My Comm. Expires May 3, 2024 WITNESS my hand and official seal. OPTIONAL S Signature of Notary Public 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 Partner(s) Title(s) Limited General Attorney -In -Fact Trustee(s) Guardian/Conservator Other: Signer is representing: Name Of Person(s) Or Entity(ies) Title or Type of Document Number Of Pages Date Of Document Signer(s) Other Than Named Above R1V #4838-6958-3880 v3 DRAFT 1/27/15 By Officer) 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, OR OTHER RULES OR REGULATIONS APPLICABLE TO SERVICE PROVIDER'S BUSINESS ENTITY. RIV #4838-6958-3880 v3 - 14 - 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. R1V #4838-6958-3880 v3 DRAFT 1/27/15 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. 0. 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 Los Angeles County Development Authority (LACDA) 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 LACDA. S. Generate language for community marketing and outreach for the Housing Rehabilitation Program. T Assist City staff with establishing and administering a PLHA-funded single- family residential accessibility improvement program. The PLHA-funded program is based on available funds and approval by the City Council. 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. R1V 114838-6958-3880 v3 DRAFT 1/27/15 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. B. C. D. VI. Service Provider will utilize the following subcontractors to accomplish the Services: A. B. C. D. RIV #4838-6958-3880 v3 DRAFT 1/27/15 A-3 EXHIBIT "B" COMPENSATION I. Service Provider shall use the following rates of pay in the performance of the Services: A. (name, title) B. (name, title) C. (name, title) D. (name, title) E. (hourly rate) (hourly rate) (hourly rate) (hourly rate) (name, title) (hourly rate) II. Service Provider may utilize subcontractors as indicated in this Agreement. The hourly rate for any subcontractor is not to exceed $ 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) and Permanent Local Housing Allocation (PLHA) accessibility improvement program expenditures and shall not exceed $ 73,800.00 , as provided in Section 4 "Compensation and Method of Payment" of this Agreement. R[V #4838-6958-3880 v3 DRAFT 1/27/15 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 is an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger). Only the following "marked" requirements are applicable and Service Provider shall provide the following scope and limits of insurance: 1. Minimum Scope of Insurance. Coverage shall be at least as broad as: Commercial General Liability. Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001). Automobile Liability. Service provider shall maintain automobile insurance at least as board as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Service Provider arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles. Workers' Compensation. Workers' Compensation Insurance (Statutory Limits) and Employer's Liability 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. Professional (Errors and Omissions) 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 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. R1V #4838-6958-3880 v3 DRAFT 1/27/15 C-1 Service Provider shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Service Provider agrees to maintain continuous coverage through a period of no less than three years after completion of the services required by this agreement. 1. Minimum Limits of Insurance. Service Provider shall maintain limits of insurance no less than: (1) Commercial General Liability. $1,000,000 per occurrence, $2,000,000 general aggregate for bodily injury, personal injury and property damage. (2) Automobile Liability. No Tess than $1,000,000 combined single limit for each accident. (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 and Employer's Liability Insurance with limits of at least $1,000,000. (4) Professional Liability. $1,000,000 per claim and in the 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. RIV 114838-6958-3880 v3 DRAFT 1/27/15 C-2 (2) 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. (3) Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Vendor maintains higher limits than the minimums shown above, the Agency requires and shall be entitled to coverage for the higher limits maintained by the Vendor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Agency. (4) Coverage provided by the CONTRACTOR shall be primary and any insurance or self-insurance or maintained by Agency shall not be required to contribute to it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of Agency before the Agency's own insurance or self-insurance shall be called upon to protect is as a named insured. (5) Any failure to comply with the reporting or other provisions of the insurance policies, including breaches of warranties, shall not affect coverage 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. RIV #4838-6958-3880 v3 DRAFT 1/27/15 C-3 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. RIV #4838-6958-3880 v3 DRAFT 1/27/15 C-4 Federal Lobbying Certification Form Certification of Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: • No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, 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 any federal grant, the making of any federal loan, the entering into any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. • If any funds other than federal appropriated funds have been paid or will be paid 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 this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Actives," in accordance with its instructions. • The undersigned 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 agreements) 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 prerequisite for making or entering into transaction imposed under 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 such failure. Name of Firm.\.54414ra _ / 2 /1�l rod/4. A Address: //(€&7 ///1-0/� feet/ /Tr. e/eno/a-% (1 State: r/`7- Zip Code: 7/ Phone No.:02 3�i� 7d -14-5-P Authorized Official: Name: Title: Signature: Date: COUNTY LOBBYIST CODE CHAPTER 2.160 COUNTY ORDINANCE NO. 93-0031 CERTIFICATION Name of Firm:4,417.ln i/✓� /n%dr a/no Date: 6/2-3 ate/ Address: 4.757 �oCi�K f/'' a»/� j`-0 r l e/2A — /t /f — -fps a c� State: M Zip Code: l /��� Phone No.:(6'o2(0' 9-8 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 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 action on behalf of the above 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 prerequisite for making or entering into contract with the Los Angeles County and the Community Development Commission, County of Los Angeles. Authorized Official: Name: Title: Signature: Date: REQUEST FOR PROPOSAL COMMUNITY DEVELOPMENT BLOCK GRANT HOUSING CONSULTANT SERVICES Issue Date: May 27, 2021 Proposals Due: June 10, 2021, 4:00 p.m. PST Send Proposals to: agulick@templecity.us Or one (1) hard copy and one (1) digital copy (in PDF format) can be mailed to: City of Temple City 9701 Las Tunas Drive Temple City, California 91780 Mark Envelope: PROPOSAL RFP Community Development Block Grant Housing Consultant Services Contact Person: Adam Gulick, Associate Planner agulick@templecity.us ATTACHMENT B Temple City, RFP – CDBG Housing Consultant Page 2 of 9 TABLE OF CONTENTS INTRODUCTION 3 SCOPE OF SERVICES 3 NECESSARY QUALIFICATIONS 4 GENERAL CONDITIONS 5 SUBMITTAL REQUIREMENTS 7 EVALUATION AND SELECTION PROCESS 8 ATTACHMENTS • ATTACHMENT 1 – SAMPLE SERVICES AGREEMENT Temple City, RFP – CDBG Housing Consultant Page 3 of 9 INTRODUCTION The City of Temple City (City) is centrally located in the west San Gabriel Valley approximately five miles southeast of Pasadena and 13 miles northeast of downtown Los Angeles. The City is approximately 3.85 square miles and is surrounded by the cities of Arcadia, San Gabriel, El Monte, Rosemead, and unincorporated portions of Los Angeles County. The 2010 U.S. Census Bureau indicates that Temple City has a total population of 35,558. Temple City is predominantly a residential community with over 10,000 residential parcels. The City is requesting proposals from qualified contractor(s) to provide consultant services for the City’s Community Development Block Grant (CDBG) housing rehabilitation programs, and assist with various CDBG-related tasks with the Los Angeles County Development Authority (LACDA). SCOPE OF SERVICES The City’s CDBG funds are administered by the LACDA. The funding amounts for Fiscal Year (FY) 2021-2022 is anticipated to be $289,907 with an annual allocation of approximately $204,907. The City has also been informed of an additional $194,001 of Permanent Local Housing Allocation (PLHA) funds from LACDA for FY 2021-2022. The City Council is interested in utilizing PLHA funds to establish a program focused on assisting lower-income property owners with accessibility modifications to their single- family home. The consultant may be responsible for the daily activities of the City’s CDBG housing rehabilitation programs. The City currently offers a Housing Rehabilitation Program that includes a loan up to $35,000 and a grant up to $10,000. The City also offers an Asbestos and Lead-Based Paint Testing and Abatement Grant for residents participating in the Housing Rehabilitation Program. The City anticipates that both programs will have a budget of approximately $265,000 for FY 2021-2022. The City also offers a Youth Scholarship Program that assists low-income households by covering a portion of the registration fees for recreation classes offered by the City’s Parks and Recreation Department. The City anticipates that this program will have a budget of $25,000 for FY 2021-2022. The selected consultant will not work on the Youth Scholarship Program. The ideal consultant must be familiar with the LACDA’s online system (i.e., entering client and contractor information into the LACDA’s online system, obtaining environmental clearance from the LACDA for each property, prepare quarterly performance reports, prepare funding requests). The ideal consultant must also be familiar with single-family residential construction improvements, preparing detailed work write-ups, reviewing income documentation to qualify and approve applicants, preparing residential construction contracts and agreements, preparing deeds of trusts, and reviewing contractor invoices. Temple City, RFP – CDBG Housing Consultant Page 4 of 9 The consultant must ensure that the City’s CDBG programs comply with requirements of the source(s) of the funds being used and any other legal requirements that may apply, such as truth-in-lending and fair housing. The consultant must maintain the utmost accuracy in documentation and filing system that meets or exceeds the requirements of the funding source. The consultant must manage program workflow to ensure the timely expenditure of funds and meet the City’s annual goals for the number of housing rehabilitation completed. The consultant must provide monthly updates to the Community Development Director relating to housing rehabilitation projects pending, under construction, completed, etc. The consultant may assist with preparing City Council staff reports relating to the City’s CDBG programs and allocations. The consultant will also participate in any program reviews or audits. The consultant may also be required to provide contract administration, project management, and/or labor compliance for public works construction projects. SUPPLEMENTAL FUNDING SOURCES The consultant may be required to assist in identifying and applying for additional funding sources, such as grant funds to expand related housing services and/or create new housing program(s) or service(s). TERM OF CONTRACT The term of the contract will be from July 1, 2021 through June 30, 2022. The City has included an option to extend the contra ct up to four (4) additional years, in one-year increments, based on the consultant’s performance and availability of funds. NECESSARY QUALIFICATIONS The City of Temple City seeks the following: 1. Experience. The selected contractor must have demonstrated relevant experience in providing CDBG consultant services and proficiency with single- family residential rehabilitation as described under the Scope of Services. The contractor must also demonstrate that they have experience navigating the LACDA online system. Substantiation must be provided regarding the nature of services provided to the client cities or agencies. A comprehensive list of references of cities served must be provided. Cite examples of qualifying housing rehabilitation programs with dates, contact persons, and scope of work performed. The submittal must clearly state the number and type of programs or services performed. Temple City, RFP – CDBG Housing Consultant Page 5 of 9 2. Staff Qualifications. Staff assigned to complete the Scope of Services must have relevant experience in providing the necessary services as described under the Scope of Services. In particular, the Project Manager must have experience with the LACDA’s online system. All personnel assigned to the work must possess appropriate certifications or registrations as required b y State or Federal agencies, if any. 3. Contact Person. The contractor will be required to identify the person who will be the Project Manager and primary contact person. Other staff or sub- contractors may be identified as the specialist in the specific areas or for specific tasks. These individuals must, within reasonable limitations, be accessible to City staff during business hours. 4. Organization and Staffing. Contractor must provide a description of the Project Manager, other key staff and sub-contractors, if any, and their relationship with City operations. The Contractor must provide resumes for all staff members and sub-contractors, if any. Provide an Organization Table illustrating the staff hierarchy and responsibilities as it would pertain to the scope of work in this document. GENERAL CONDITIONS 1. The City of Temple City will not be liable for any pre-contractual expenses incurred by any consultant, nor will any firm include such expenses as part of the proposed cost. Pre-contractual expenses include any expense incurred by a qualification and negotiating any terms with the City. 2. The City reserves the right to withdraw this Request for Proposal (RFP) at any time without prior notice and to reject any and all proposals submitted without indicating any reasons. Any award of contract for services will be made to the contractor best qualified and responsive in the opinion of the City. 3. Proposals may, at the City’s option, be rejected if they contain any alterations, additions, conditional or alternatives, are incomplete, or contain erasures or irregularities of any kind. The City reserves the right to reject any and all proposals. The City expressly reserves the right to postpone submittal opening for its own convenience and to reject any and all sub mittals responding to this RFP. 4. The selected contractor must agree to indemnify, hold harmless and defend the City, its officers, agents and assigns from any and a ll liability or loss resulting from any suits, claims or actions brought against the City which result directly or indirectly from the wrongful or negligent actions of the contractor in the performance of the contract. Temple City, RFP – CDBG Housing Consultant Page 6 of 9 5. The selected contractor must provide insurance in the amount specified in the attached agreement. 6. The selected contractor will be required to comply with all existing State and Federal labor laws including those applicable to equal opportunity employment provisions. 7. Contractor is required to have in full force and affect all licenses and permits required by all applicable laws. Contractor must obtain a Temple City Business License during the term of the contract. 8. Contractor must at all times conduct his/her services with the utmost respect to the public. All employees of the Contractor must wear clean clothing in the performance of their duties and equipment must be cleaned and maintained in a safe operating manner. All equipment will be subject to inspection by the City at any time. All personnel must wear appropriate safety gear at all times while working in Temple City. Contractor must provide satisfactory warning devices that meet the requirements of the California Occupational Safety and Health Act (Cal-OSHA) for protection of workers when and where required at all times in the performance of this contract. 9. Contractor, its agents, and employees must comply with all laws, ordinances, rules and regulations of the Federal, State, the County of Los Angeles, the City of Temple City and all governing bodies having jurisdiction applying to work done under the agreement. 10. The City reserves the right to negotiate special requirements and proposed service levels using the selected qualification as a basis. Compensation for services will be negotiated with the selected firm. 11. The selected contractor cannot sublet any portion of the agreement with the City without express written permission of the City Manager or his or designated representative. 12. No discrimination can be made in the employment of persons because of the race, color, or religion of such persons and every bidder in violation of this section is subject to all penalties imposed for a violation of Chapter 1 of Part VII, Division 2 of the Labor Code, in accordance with the provisions of Section 1753 thereof. 13. The City reserves the right to review and approve the qualifications of subcontracting firms or persons. Substitutions, which are not approved, are considered sufficient grounds for termination of contract. Temple City, RFP – CDBG Housing Consultant Page 7 of 9 14. The City, or any of its duly authorized representatives, must have access to and the right to examine, audit, excerpt, copy or transcribe any pertinent transaction, activity, time and work records, employment records or other records relating to employment. Such material, including all pertinent cost accounting, financial records and proprietary data, will be kept and maintained by the firm for a period of at least five (5) years after completion of a contractor’s performance unless the City’s written permission is given to dispose of same prior to that time. 15. All responses to this RFP will become the property of the City of Temple City and will be retained or disposed of accordingly. 16. No amendments, additions, or alternates will be accepted after the submission date and time. 17. All documents, records, designs, and specification s developed by the selected contractor in the course of providing services for the City of Temple City will be the property of the City. Anything considered to be proprietary should be so designated by the firm. 18. Acceptance by the City of any proposal submitted pursuant to this RFP will not constitute any implied intent to enter into a contract for services. 19. The City reserves the right to issue written notice to all participating contractors of any change in the RFP submission schedule should the City determine, in its sole discretion, that such changes are necessary. 20. The consultant must be eligible to enter into a federally-funded contract though verification of the Excluded Parties List System accessible through www.sam.gov. SUBMITTAL REQUIREMENTS 1. The submittal should be typed and as brief as possible while adequatel y describing the qualifications of the contractor. 2. All hard copy proposals are to be submitted in a sealed package, clearly marked with the firm’s name, address and phone number, and the words “RFP – CDBG Consultant Services”. Only one submittal per contractor will be considered. 3. The proposing contractor must submit the following information with the package, including the same information on subcontractors, in the following format: Temple City, RFP – CDBG Housing Consultant Page 8 of 9 a. Cover Letter. Cover letter should not exceed three pages. The cover letter must provide an executive summary of the proposal. The cover letter should include the name, address and phone number of the firm, the primary contact’s name, email address and phone number, an executive summary of the proposal including qualifying statements or comments regarding the submittal and identification of any sub-contractors and their responsibilities. The signed letter should also include a paragraph stating that the firm is unaware of any conflict of interest in performing the proposed work. b. Relevant Experience. This portion should include a description of the qualifications of the assigned staff and sub-contractors, pertinent LACDA online system experience, relevant single-family rehabilitation program experience, and the availability of the staff for the services provided. A list of related projects should be included with the name of the contact person, email address and the telephone number for which the contractor has recently or currently provides services as outlined under the Scop e of Work. A comprehensive list of references of at least three cities served must be provided. c. Approach and Schedule. Provide your service approach and estimated timeframe for completing a home improvement loan project and a handyworker grant project. d. Costs. Contractor must submit a proposal that includes the proposed fee, including hours, hourly rates for various tasks, and any direct expenses that will be charged to the City. A clause will be included in the Service Agreement specifying that the hourly rates may increase each fiscal year by the lesser of three (3) percent or the Consumer Price Index for the Los Angeles-Riverside-Orange County areas. e. Acceptance of Conditions. This section will be a statement offering the contractor’s acceptance of all conditions listed in the RFP document. Any exceptions or suggested changes to the RFP, or any contractual obligations, including the suggested change, the reasons therefore and the impact it may have on cost or other considerations on the contractor’s behalf must be stated in the submittal. Unless specifically noted by the contractor, the City will assume that the proposal is in compliance with all aspects of the RFP. Temple City, RFP – CDBG Housing Consultant Page 9 of 9 EVALUATION AND SELECTION PROCESS Selection will follow these steps: 1.Proposal Review: Each proposal will be reviewed to determine if it meets the RFP requirements. Failure to meet the requirements of the RFP will be cause for rejection. Proposals will be evaluated on the following items: •LACDA CDBG Experience •Single-Family Rehabilitation Experience •Approach and Schedule •Consultant Experience and Staffing Capacity •Overall Strength of Proposal 2.Interview: A list of most qualified contractors may be interviewed by an oral board in June or July. 3.Services Agreement: The City Manager will request a services agreement subject to negotiation of a specified work program or scope of services, terms of payment and other City requirements from the contractor found most qualified. Nothing in this RFP should imply a contractual obligation for employment. 4.Contract Approval and Execution: It is anticipated that the agreement will be presented to the City Council for approval in June and execution by the City Manager. Please submit one (1) digital copy in PDF format of the proposal no later than 4:00 p.m. on June 10, 2021 to agulick@templecity.us, or you can mail one (1) hard copy and one (1) digital copy in PDF format to the address below: City of Temple City Attn: RFP - CDBG Housing Consultant 9701 Las Tunas Drive Temple City, CA 91780 If you have any questions regarding this RFP, please contact Adam Gulick at agulick@templecity.us Postmarks will not be accepted. ATTACHMENT C Page 1 of 7 COMPANY INFORMATION The principal of the firm is Sandra Medrano who owns and operates consulting services for housing rehabilitation programs funded with Community Development Block Grant (CDBG). Ms. Medrano has provided consulting services to cities since 1996. The firm is located at 16757 Rocky Knoll Road, Hacienda Heights, California, 91745. The firm is a sole proprietorship. Ms. Medrano monitors the overall operation of the Home Improvement Program, Housing Rehabilitation Program, Handyworker Program, and Paint Program for various client cities, and assists City staff assigned to implement the housing programs. She has experience in the processing of grants, and deferred loans to eligible homeowners; review and processing of contractor payment requests; review of rehabilitation work write-ups; ensuring that Historical Preservation Review and Lead-Based Paint requirements are met, keeping financial documentation on the disbursement of CDBG funds, preparing Loan Documents including Promissory Notes and Deeds of Trusts for annual audit and review purposes; and maintaining documentation required for compliance for all applicable U.S. Department of Housing and Urban Development regulations and updating and maintaining the LACDA CDBG website. Sandra Medrano will serve as the lead consultant and project manager for administration of the City of Temple City’s Home Improvement Program, and Permanent Local Housing Allocation Program (PLHA). Theresa Dobbs will be the associate and has provided consulting services to cities and other agencies since 1990. We have combined experience of over 40 years administering similar programs throughout Southern California. Attached to this proposal are their resumes with specific qualifications. • Sandra Medrano, Principal – Primary person in charge of overall administration as well as day–to-day operations of the Home Improvement Program. • Theresa Dobbs, Associate –Will assist on an as needed basis for the Home Improvement Program Not only do we have extensive experience in housing rehabilitation and paint programs, but we also provide cities with professional services in a cost-effective manner. Our consulting team has an established and well-regarded reputation, and we are committed to providing outstanding client service to your city’s residents with a professional and caring approach. We believe that all residents should be treated with respect regardless of their income status or situation. Our firm also provides continuity to your City’s residents. The same p rogram representatives interact with the applicants from their initial inquiry, the application process, project construction and all the way through to the final payment process. We will schedule meeting for residents at City Hall and at their residence for their convenience. Page 2 of 7 CONCEPTUAL PLAN Upon selection and award of contract by the City, we will provide the following services to the City of Temple City, including, but not limited to: • Continue to ensure that the City’s existing rehabilitation guidelines are being followed and the on-going operations of the City’s Housing Rehabilitation and Permanent Local Housing Allocation Programs (PLHA) are being provided with excellent client service. • Review list of all interested rehabilitation program participants to determine need and eligibility. • Continue with rehabilitation work in progress to ensure that the repairs are completed, and contractors are paid. SCOPE OF WORK Our firm will provide the following services for the administration and implementation of the Housing Rehabilitation Program. All work to be done in accordance with the rules and regulations of the City of Temple City. • Provide information, answer questions, offer assistance and technical services to the residents in a timely and courteous manner for the Housing Rehabilitation and Permanent Local Housing Allocation (PLHA) Programs. • Ensure CDBG programs comply with all legal requirements that may apply, including truths in lending and fair credit. • Review applications to determine financial and eligibility status; obtain and evaluate applicant’s credit worthiness and property indebtedness; and ensure title issues are in order. • Order necessary records through title companies and/or escrow companies, and any other documents required to obtain all necessary information in order to provide a complete applicant package. • Order Lead Screening, Asbestos Testing Inspection and Clearance from City approved Lead and Asbestos contractor. • Conduct property inspections before, during as necessary, and after construction; provide photos of before and after work, prepare work write-ups and cost estimates; and verify eligibility of work items. • Review and evaluate bid responses submitted by contractors; ensure contractor meets all necessary requirements for the City of Temple City and CDBG Program; conduct pre-construction meetings with all parties as required. • Enter homeowner and contractor information, obtaining environmental clearance, historical preservation, and lead based paint status through the LACDA online system, and other requirements as required by the LACDA. • Prepare and ensure the following forms are completed and executed properly including, but not limited to: Note Secured by Deed of Trust, Notice of Right to Page 3 of 7 Cancel, Deed of Trust, Truth in Lending Disclosure, Prime Construction Contract, Three Party Agreement/Disclaimers, and Fair Lending. Any other forms and documents that the City of Temple City may require in the future for proper administration. ● Coordinate loan/escrow account, issue notice to proceeds to contractors when contract is fully executed and loan has recorded, monitor and inspect progress of rehabilitation projects; obtain homeowner and city authorization of progress payments; obtain lien releases from contractors, conduct final inspections in conjunction with Building Department (as necessary); obtain copy of final City building permits; process Notice of Completions, and review and pay contractor’s invoice in accordance with City regulations. ● Review each permanent rehabilitation file so that all documentation required for LACDA monitoring and auditing purposes is in accordance with regulations. ● Provide reports as necessary to comply with CDBG requirements and for the City of Temple City as requested, such as monthly updates related to housing rehabilitation program. This also includes preparing City Council and staff requests for information and data. ● Administer the City’s Permanent Local Housing Allocation (PLHA) Program in compliance with regulations and perform all duties necessary to implement Program, including all items mentioned above. ● Provide contract administration, project management, and compliance for public works projects directly related to the fulfillment of the City of Temple CDBG program. ● Provide any other tasks as requested. SERVICE APPROACH Ms. Medrano will manage and administrate all aspects of the City’s CDBG funded Home Improvement Program and Permanent Local Housing Allocation Program (PLHA) administrated by the LACDA. Included in managing these programs is the input of homeowner and contractor information to be reviewed and cleared by the LACDA Environmental Service Unit on the LACDA online system, providing the City with reports, and communicating with the City in a clear and concise manner in accordance with their requests. • Interview applicants, acquire, qualify, and confirm homeowner’s personal information resulting in compliance with eligibility guidelines • Process eligible homeowners for the Home Improvement Program and determine what loan or grant they qualify • Obtain and document income verification, title report, property value, and evaluate risk to City for future payoff of loan • Meet with homeowner, inspect property, identify code violations, prepare work write up and cost estimates, document pre-work condition on property, provide homeowner with EPA Lead Based Paint and Asbestos handouts, and City forms Page 4 of 7 • Log on and enter homeowner’s information and housing rehabilitation work to the LACDA online system to receive Environmental clearance and Historical Preservation Review • Obtain contractors bid, prepare bid review, and review bids with homeowner to select contractor • Obtain contractor’s liability insurance, license and bond through the CA State Contractor’s License Board, and clearance from SAM.gov • Prepare and execute necessary City financial and construction documents for homeowner and contractor, review proposed work to allow homeowner and contractor to clarify contract • Schedule progress inspections, communicate with homeowner and contractor to ensure project is proceeding in a timely manner • Acquire payment requests, homeowner’s authorization for payment, lien releases, copy of final building permit. Prepare and have homeowner sign Notice of Completion during final inspection • Ensure file is complete with required documentation, meets City and LACDA monitoring and auditing requirements, close out file with LACDA • Prepare monthly progress and data reports to the City needed for Quarterly Performance Reports to LACDA • Participate with staff in all program’s promotional opportunities SCHEDULE The timeframe for completing a home improvement loan and a handyworker grant project varies with each project depending on the homeowner, contractor, and extent of the project. In some cases homeowners have a difficult time submitting paperwork or making decisions which can delay the construction process. The typical timeframe is six (6) months for a HIP loan/handyworker grant ($45,000.00 total funds) and four (4) months for a handyworker grant ($10,000.00 total funds). It also should be noted that when a project tests positive for lead and asbestos, the remediation and clearance will add to this timeframe, but with diligence, HIP projects will be completed in a timely manner. FEES FOR SERVICES Sandra Medrano will provide services in an amount not to exceed the 20% cap for housing rehabilitation administrative costs. It is estimated that consultant will work approximately 10-15 hours per week, depending on need. We are prepared to provide Housing Rehabilitation services at the following hourly rates: Page 5 of 7 • Sandra Medrano, Principal $80.00 per hour • Theresa Dobbs, Associate $75.00 per hour This rate is inclusive of all normal business overhead and out of pocket expenses. The above personnel resumes are attached to this proposal. ACCEPTANCE OF CONDITIONS I acceptance all conditions of this RFP and this proposal is in compliance with the RFP. REFERENCES City of Mission Viejo Elaine Lister (949) 470-3053 December 2000 to Present elister@cityofmissionviejo.org Community Development Director Theresa Dobbs and Sandi Medrano provide all services required for the implementation of the City’s housing rehabilitation program. City of Lake Forest Ron Santos (949) 461-3400 October 1998 to Present rsantos@lakeforestca.gov Senior Planner Theresa Dobbs provides all services required for the implementation of the City’s housing rehabilitation program. Sandi Medrano is consulting on an as needed basis. City of Lake Forest Elaine Nagano (949) 533-7772 February 2005 to March 2020 Suburbanswan@aol.com Housing Manager Sandi Medrano provided all services required for the implementation of the City’s Paint Program. Elaine Nagano has since retired but was the direct manager for the Paint Program. City of San Clemente Cecilia Gallardo-Daly (949) 361-1208 August 2016 to Present Gallardo-Dalyc@san-clemente.org Community Development Director Theresa Dobbs provides all services required for the implementation of the City’s housing rehabilitation program. Page 6 of 7 Sandra Medrano Housing Rehabilitation Specialist PROFESSIONAL SUMMARY Experienced housing rehabilitation specialist with 24 years of professional experience in utilizing Community Development Block Grant (CDBG) funds throughout Southern California. EXPERIENCE Housing Rehabilitation Consultant City of Temple City-CDBG, EECBG, Abestos & LBP Grant, CDBG-R 4-2012 to present City of Lake Forest--CDBG Paint Program 2-2005 to present City of Mission Viejo-- CDBG Loans & Grants, Paint Program 12-2000 to present City of Pico Rivera—CDBG Grant Program 11-2010 to 7-2011 City of Artesia--City Grants & HOME Loans 12-2005 to 6-2009 City of Bell Gardens--City Redevelopment Loans and Grants 7-2008 to 6-2010 City of Irwindale--City Redevelopment Loans 1-2003 to 11-2008 City of La Mirada—City Redevelopment Loans & Grants 4-2004 to 8-2007 City of Baldwin Park--City Redevelopment Loans and Grants 10-2002 to 4-2003 City of La Puente--CDBG Loans & Grants 6-1996 to 2-1999 Responsible for representing each city to their residents in every area of the administration of Community Development Block Grant (CDBG), CDA, and HOME funds to low-income city residents ▪ Interview perspective applicants for loan and grant programs, acquire, qualify, and confirm homeowner’s personal information resulting in 100% compliance with all HUD, CDA, and/or city eligibility guidelines ▪ Responsible to perform and document on-site inspections to ensure eligibility, correct building code, and health and safety violations ▪ Plan specific coordinated strategy with homeowner and contractor to ensure suitability of rehabilitative actions taken by homeowners ▪ Provide Loan Committee with all documentation required for program completion and compliance ▪ Oversee all state mandated testing for safety and environmental compliance as agent of the city ▪ Consult with individual homeowners with selection of appropriate contractor, also ensuring each contractor is in compliance with all applicable state and city requirements ▪ Minimize city risk and exposure by mediating and negotiating between homeowner and contractor in all disputes ▪ Coordinate and supervise project during construction preparing all paperwork required for completion and payment of contractors after the work has been documented with a visual record of before and after results ▪ Ensure city compliance with HUD guidelines with proper maintenance of records, homeowner’s files, and reports. Maintain and update LACDA online system EDUCATION CALIFORNIA STATE UNIVERSITY, LOS ANGELES M.A., Industrial Psychology (Human Resources) UNIVERSITY OF CALIFORNIA, LOS ANGELES B.A., Sociology B.A., Psychology Page 7 of 7 Resume for Theresa A. Dobbs Experience Consultant – Housing Rehabilitation Programs City of San Clemente September 2016 to present City of Mission Viejo October 2000 to Present City of Lake Forest October 1998 to Present City of La Puente July 1996 to June 1999 City of El Segundo July 1993 to June 1996 Responsibilities and experience include the development and implementation of Housing Rehabilitation and Paint Programs; review of grants, loans and/or rebates for eligible participants; provide rehabilitation technical assistance to property owners; preparation of work write-ups and cost estimates; conduct property inspections; submit loan applications to loan committee for review; process payment requests for contractors; liaison between the city and escrow company; process payoffs and preparation of monthly reports to City Council on program performance, and all required reports to HUD, H ousing Authorities, and/or L. A. County Community Development Commission. Consultant – Various Cities and Agencies June 1990 to Present Responsibilities include preparation of applications for economic/community development grants; developing guidelines and procedures for commercial and residential rehabilitation programs; preparation of CDBG and redevelopment studies; implementation of day-to-day operation of commercial and residential rehabilitation programs; compliance with all applicable U.S. Department of Housing and Urban Development (HUD) requirements (i.e. Davis-Bacon labor compliance, lead based paint review, environmental review etc.) and provide technical assistance to the general public. Education Bachelor of Science – Public Administration Biola University