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TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: OFFICE OF THE CITY MANAGER
BY: IRMA HUITRON, DIRECTOR OF COMMUNITY DEVELOPMENTok
DATE: DECEMBER 12,2023
SUBJECT: AMENDMENT TO AN EXISTING PROFESSIONAL SERVICES
AGREEMENT FOR COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM, HOME INVESTMENT PARTNERSHIPS PROGRAM,
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AND
PERMANENT LOCAL HOUSING ALLOCATION PROGRAM
ADMINISTRATION SERVICES WITH MDG ASSOCIATES INC.
EXECUTIVE SUMMARY
The City Council will consider approving an amendment to an existing Professional Services Agreement with MDG Associates, Inc. to provide increased Community Development Block Grant Program, HOME Investment Partnerships Program, Department of Housing and Urban Development, and Permanent Local Housing Allocation Program Administration Services to ensure the City's continued compliance with the grant requirement, thereby increasing the existing compensation for an initial two (2) year term beginning July 1, 2023, allowing MDG to enhance field -expert administrative support to City staff with the management of the CDBG, HOME, and other HUD -related programs, as well as assist with the administration of various PLHA-funded activities.
RECOMMENDATION
That the City Council -
Approve an amendment to an existing Professional Service Agreement with MDG Associates, Inc. to provide Community Development Block Grant Program, HOME Investment Partnerships Program, Department of Housing and Urban Development, and Permanent Local Housing Allocation Program Administration Services, thereby increasing the existing compensation of $309,750 by $1,096,248, totaling a not -to -exceed amount of $1,405,998.00, and;
2. Authorize the City Manager, or his designees, to execute the amendment to the Professional Services Agreement.
AMENDMENT TO PROFESSIONAL SERVICES AGREEMENTS WITH MDG ASSOCIATES DECEMBER 12,2023
PAGE 2
XCI ZT-01 11 Z I
The Department of Housing and Urban Development (HUD) provides the City with annual grants through the Community Block Grant (CDBG) and HOME Investment Partnerships programs. These two federal grants are available to the City for a variety of community development activities including affordable housing activities, neighborhood improvement programs, economic development strategies, improvement of public facilities, and support for needed public services. The CDBG and HOME grants can be used for eligible activities, which primarily benefit low- and moderate -income households.
The City is required to prepare an Action Plan every year, in addition to a Five -Year Consolidated Plan (ConPlan), and Analysis of Impediments to Fair Housing Choice every five years in order to be eligible to receive CDBG, HOME, and other types of HUD funding.
The Action Plan serves as the City's application for both the CDBG and HOME grants on an annual basis, and provides HUD with specific activities and projects the City will undertake with federal grant funds for each fiscal year. The Consolidated Plan is required to be completed to assist local jurisdictions to assess their affordable housing and community development needs and market conditions, and to make data -driven, place - based investment decisions. Additionally, as part of the Consolidated Plan, all grantees must also certify that they will affirmatively further fair housing, which means conducting an Analysis of Impediments to Fair Housing Choice (Al), taking appropriate actions to overcome the effects of any impediments identified through that analysis, and keeping records of these actions.
In Fiscal Year (FY) 2023-2024, the City received $1,453,683 in new entitlement grants under the federal CDBG and HOME programs, $124,581 in HOME program income, $45,634 in CDBG program income, and $1,244,155 in HOME funds transferring from the prior year. The combined total of new federal Grants, estimated program income and the balance from prior year activities, is listed below -
In July 2019, MDG was hired to assist staff with the completion of the City's 2020-24 ConPlan and Al. Soon thereafter, and due to the City Council's shift in priorities to provide an in-house rental assistance program, business assistance program, and other public
AMENDMENT TO PROFESSIONAL SERVICES AGREEMENTS WITH MDG ASSOCIATES DECEMBER 12,2023
PAGE 3
services to the residents of the City during the COVID-19 pandemic, MDG's staffing agreement was extended through FY 2022-2023.
In an effort to continue to support City staff with the administration of the aforementioned HUD programs, the City Council, at its May 9, 2023 meeting, approved a Professional Services Agreement (PSA) with MDG Associates, Inc. (MDG) to provide CDl3G, HOME, and HUD Administration Services.
ANALYSIS
Administering the City's HUD -related CDBG and HOME programs, which provide funding to the City's social service providers and home rehabilitation projects is of paramount importance in meeting the City's mission, goals, and objectives. Due to this, staff seeks to increase MDG's support in administering said programs, to continue to provide quality service to the City's residents, social services providers, and businesses.
MDG provides high -quality community development consulting services to municipal agencies and private clients, and has done so for over 30 years, specializing in the provision of grant management services. As such, staff has looked to MDG, to also assist with the administration of City's allocation of State Permanent Local Housing Allocation Program (PLHA) funds, which the City sought in response to the City Council's request to seek funding sources to assist persons who are experiencing or at risk of being homeless.
The City submitted a high-level five (5) year plan to the state for its PLHA grant allocation, detailing the manner in which funds would be allocated. The approved plan, proposed to utilize the first two (2) years of allocation, totaling $1,328,955, towards providing the City, city partners, and nonprofits/public service organizations the opportunity to continue providing social and mental health services, as well as direct assistance to persons experiencing or at risk of homelessness, while increasing the number of persons served.
As such, staff will need administrative support from MDG, to accomplish the goals set - forth by the Council for PLHA program activities.
Per the current PSA, MDG will be receiving compensation through the PLHA grant allocation, for all services rendered at the hourly rates for each staff position as provided in Exhibit "B" of the attached original PSA (see "Attachment A"). It should be noted that payment to MDG will be rendered based on monthly staff need, and projects completed (i.e. Housing Rehabilitation Program projects, etc.), and should be further noted that both the State and HUD limits the amount of funding that can be used for administration of both HUD -related and State -funded programs/activities (see tables below). It is estimated that if the amendment to the PSA is approved for increased MDG support, MDG's total administrative services costs for the various HUD and State programs will not exceed $662,596 for FY 2023-2024 and $743,402 for FY 2024-2025, with a maximum total in
AMENDMENT TO PROFESSIONAL SERVICES AGREEMENTS WITH MDG ASSOCIATES DECEMBER 12,2023
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administrative service costs of $1,405,998 over the two fiscal years. The current maximum approved compensation for MDG support is $309,750. All administrative service costs for MDG's support would be paid by State or HUD funding as summarized below.
AMENDMENT TO PROFESSIONAL SERVICES AGREEMENTS WITH MDG ASSOCIATES DECEMBER 12, 2023
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Additionally, staff requests that the City Council authorize the City Manager to execute the amendment to the existing PSA between MIDG and the City.
CITY COUNCIL PRIORITIES
Fiscal Responsibility
Efficiency & Adaptability
Quality of Life, Safety, and Infrastructure
FISCAL IMPACT
Approval of the recommended action will result in an appropriation amount not to exceed $636,583 for FY 2023-2024 and $702,969 FY 2024-2025 from Special Fund, Account No. 28-4-6851-0700 (CIDBG General Administration), Account No. 28-4-6852-0700 (CDBG Housing Rehabilitation), Account No. 29-4-6856-0700 (HOME General Administration), Account No. 29-4-6859-0700 (HOME Housing Rehabilitation), and Account No. 29-4- 6868-0700 (HOME ARP).
Additionally, approval of the recommended action will result in an appropriation amount not to exceed $26,013 for FY 2023-2024 and $40,433 FY 2024-2025 in Account No. 27- 4-6867-0700 (PLHA General Administration).
ATTACHMENTS
Attachment A: Existing Professional Service Agreement with MDG Associates Inc.
Attachment B: Amendment No.1 to Professional Service Agreement with MIDG Associates Inc.
CITY OF DOWNEY
PROFESSIONAL SERVICES AGREEMENT
WITH MDG ASSOCIATES INC
FOR CD13G, HOME AND HUD ADMINISTRATION SERVICES
1. PARTIES AN[) DATE.
This Agreement is made and entered into this 9th day of May, 2023 by and between the City of Downey, a California municipal corporation and charter city with its principal place of business at 11111 Brookshire Avenue, Downey California 90241 ("City") and MDG Associates, Inc., a California Corporation, with its principal place of business at 10722 Arrow Route, Suite 822, Rancho Cucamonga, California 91730 ("Consultant"). City and Consultant are sometimes individually referred to as "Party" and collectively as "Parties."
2. REciTALs.
2.1 Consultant
Consultant desires to perform and assume responsibility for the provision of certain professional CDBG, HOME and HUD Administration Services required by City on the terms and conditions set forth in this Agreement. Consultant represents that it has demonstrated competence and experience in providing CDBG, HOME and HUD Administration services to public clients, is licensed in the State of California, and is familiar with the plans of City.
2.2 Project.
City desires to engage Consultant to render such services for the CDBG, HOME and HUD Administration Services project ("Project") as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional CDBG, HOME and HUD Administration services necessary for the Project ("Services!'). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from July 1, 2023 to June 30, 2025, with an option to extend the Agreement for two (2), one (1) year extensions, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The term Attachment "A"
of this Agreement may be extended by written amendment to this Agreement signed by the City Manager and the Consultant.
3.2 Responsibilities of Consultant.
3.2.1 Control and Payment of Subordinates; Independent Contracto The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultants exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.
In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (CalPERS) to be eligible for enrollment in CalPERS as an employee of City, Consultant shall indemnify, defend, and hold harmless CITY for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate ConsultanVs conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. The parties acknowledge that the Schedule of Services may be amended by mutual agreement due to changes in circumstances, including changes in the performance schedules of other third parties performing work for the City on the Project, which affect the timing of Consultant's performance of the Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other 2 personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City.
3.2.5 CLty's Reipresentative. The City hereby designates The Director of Community Development, or his or her designee, to act as its representative for the performance of this Agreement ("Citys Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Contract. Consultant shall not accept direction or orders from any person other than the City's Representative or his or her designee.
3.2.6 Consultant's Representative. Consultant hereby designates Rodolfo E.
Mufioz, President, or his or her designee, to act as its representative for the performance of this Agreement ("Consultants Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.7 Coordinafion of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to Citys staff, consultants and other staff at all reasonable times.
3.2.8 Standard of Care-, Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultants failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub -consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner consistent with the 3 standard of care set forth herein, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with a applicable local, state and federal laws, rules and regulations in force at the time the Services are performed by Consultant and in any manner affecting the performance of the Project or the Services, including all applicable Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the applicable indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. Consultants violation of such laws, rules and regulations shall also constitute a material breach of this Agreement.
3.2.10 1 nsurance.
3.2.10.1 Time for Corngliance. Consultant shall not commence the Services or the Project under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience with insurer, coverage or other special circumstances.
3.2.10.2 Minimum Reguirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement, the Services or the Project by the Consultant, its agents, representatives, employees or subcontractors. Consultant shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. (1) Commercial General
Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis including products and completed operations, property damage, bodily injury and personal and advertising injury; (2) Automobile Liability. Insurance Services Office Form Number CA 0001 covering Code 1 (any auto) or if Consultant owns no autos, Code 8 (hired) and 9 (non -owned); and (3) Workers'Compensation: Workers' Compensation insurance as required by the State of California with Statutory Limits; and (4) Employers Liability Insurance.
4 (B) Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) Commercial General Liability (CGL): No less than $1,000,000 per occurrence for products and completed operations, bodily injury, property damage and personal and advertising injury. If Commercial General Liability Insurance or other form with general aggregate limit applies, either the general aggregate limit shall apply separately to this Agreement/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit; The limits shall be provided by either a single primary policy or combination of policies; (2) Automobile Liability. No less than $1,000,000 per accident for bodily injury and property damage; and (3) Workers' Compensation: Workers' Compensation limits as required by the Labor Code of the State of California with Statutory Limits; (4) Employers Liability: Employer's Liability limits of no less than $1,000,000 per accident for bodily injury or disease. Employer's Liability coverage may be waived by the City if City receives written verification that Consultant has no employees.
If the Consultant maintains broader coverage and/or higher limits than the minimum shown in this subdivision 3.2.10.2, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. 3.2.10.3 Professional Liabilily (Errors & missions). Consultant shall procure and maintain, and require its sub -consultants to procure and maintain, for a period of five (5) years following completion of the Services or the Project, errors and omissions liability insurance appropriate to its profession. Such insurance shall be in an amount not less than $1,000,000 per occurrence or claim and $1,000,000 in the aggregate, and shall be endorsed to include contractual liability. If the Consultant maintains broader coverage and/or higher limits than the minimum shown in this subdivision 3.2.10.3, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant; The limits shall be provided by either a single primary policy or combination of policies. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
a. The Policy shall include, or be endorsed to include, property damage liability coverage for damage to, alteration of, loss of, or destruction of electronic data and/or information 96property" of the City in the care, custody, or control of the Consultant. If not covered under the Consultant's liability policy, such "property" coverage of the City may be endorsed onto the Consultant's Cyber Liability Policy as covered property as follows:
b. Cyber Liability coverage in an amount sufficient to cover the full replacement value of damage to, alteration of, loss of, or destruction of electronic data andlor information &'property" of the City that will be in the care, custody, or control of Consultant. c. The Insurance obligations under this Agreement shall be the greater of 1) all the Insurance coverage and limits carried by or available to the Consultant, or 2) the minimum Insurance requirements shown in this Agreement. Any insurance proceeds in excess of the specified limits and coverage required, which are applicable to a given loss, shall be available to City. 5 No representation is made that the minimum Insurance requirements of this Agreement are sufficient to cover the indemnity or other obligations of the Consultant under this Agreement.
If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.]
3.2.10.4 Insurance Endorsements. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Additional Insured Status. The Commercial General
Liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to liability arising from the work, Services, Project or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work, Services. Project or operations; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage. Commercial General Liability insurance coverage may be provided in the form of an endorsement to the Consultants insurance (at lease as broad as ISO Form CG 20 10 1185 or both CG 20 10, CG 20 26, CG 20 33 or CG 20 38; and CG 20 37 forms if later revisions are used).
(B) Waiver of Subrogation. Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under said insurance policies set forth herein. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. (C) All CovqLgges. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except with written notice by certified mail, return receipt requested to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents and volunteers.
3.2.10.5 Prima!y Coverage. For any claims related to this Agreement, the Consultant's insurance coverage shall be primary insurance and primary coverage at least as broad as ISO CG 20 0104 13 with respect to the City, its directors, officials, officers, employees, agents and volunteers. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall 6 be excess of the Consultant's insurance and shall not be called upon to contribute with it in any way.
3.2.10.6 Se2aration of Insureds: No St)ecial Limitations. All insurance required by this Section shall contain standard separation of insureds provisions.
In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors officials, officers, employees, agents and volunteers.
3.2.10.7 Deductibles and Self-insurance Retentions. Any deductibles or self -insured retentions must be declared to and approved by the City. City may require Consultant to provide proof of ability to pay losses and related investigations, claim administration and defense expenses and costs within the retention. The policy language shall provide or be endorsed to provide that the self -insured retention may be satisfied by either the named insured or City.
3.2.10.8 Accegtabiftty of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VII, authorized to do business in California, and satisfactory to the City.
3.2.10.9 Verification of Coveracie. Consultant shall fumish City with original certificates of insurance, including all required amendatory endorsements (or copies of the applicable policy language effective coverage required by this provision) and a copy of the Declarations and Endorsement Page of the Commercial General Liability policy listing all policy endorsements to the City before the commencement of work under this Agreement.
However, failure to obtain the required documents prior to the commencement of work under this Agreement shall not waive the Consultants obligation to provide them to the City. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, at any time.
3.2.10.10 Claims -Made Policies. -If any of the policies provide coverage on a claims -made basis:
(A) The retroactive date must be shown and must be before the date of this Agreement or the date work commences under this Agreement, whichever is earliest; (B) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Services provided under this Agreement;
(C) If coverage is canceled, non -renewed, and not replaced with another claims -made policy form with a retroactive date prior to the effective date of this Agreement or the date work commences under this Agreement, whichever is earliest, the Consultant must purchase extended reporting coverage for a minimum of five (5) years after completion of the Services under this Agreement.
3.2.11 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and
regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life-saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the hourly rates for each staff position as provided in Exhibit "B" of the Consultants proposal dated February 17, 2023, attached hereto and incorporated herein by reference. In addition, Consultant shall receive the lump sum compensation for the development of the City's Five - Year Consolidated Plan ($29,250) and Analysis of Impediments to Fair Housing Choice ($20,500) for the total lump -sum -price of $49,750. Extra Work may be authorized, as described below, and if authorized, said Extra Work will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within thirty (30) days of receiving such statement, review the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses, Consultant shall not be reimbursed for any expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City Manager.
3.3.5 Reserved.
8 3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of A-greement.
3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time either for cause or for the City's convenience and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Consultant may only terminate this Agreement for cause upon giving the City not less than seven (7) calendar days'written notice.
Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. The City shall within fifteen (15) calendar days following termination pay the Consultant for all services adequately rendered and all reimbursable costs incurred by Consultant up to the date of termination, in accordance with the payment provisions of this Agreement.
The following reasons shall constitute "cause" for which either party may terminate this Agreement as provided herein:
Substantial failure by the other party to perform in accordance with the terms of this Agreement and through no fault of the terminating party; Assignment of this Agreement or transfer of the Project by either party to any other entity without the prior written consent of the other party; Suspension of the Project or the Consultant's Services by the City for more than ninety (90) calendar days, consecutive or in the aggregate, without good cause; Material changes in the conditions under which this Agreement was entered into, the Scope of Services or the nature of the Project, and the failure of the parties to reach agreement on the compensation and schedule adjustments necessitated by such changes.
3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such Documents and Data and other information within fifteen (15) days of the City's request.
3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Consultant:
City:
MDG Associates, Inc.
10722 Arrow Route, Suite 822
Rancho Cucamonga, California 91730
Phone: (909) 476-9696, Extension 103
E-Mail: [email protected]
Attn: Rodolfo "Rudy" E. MuRoz, President
City of Downey
11111 Brookshire Avenue
Downey, California 90241
Phone: (562) 904-7286
Attn: Director of Community Development
With a courtesy copy to:
City of Downey
City Attorney's Office
11111 Brookshire Avenue
Downey, California 90241
Such notice shall be deemed made when personally delivered or when mailed, forty- eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. [u)
3.5.3 Ownership of Materials and Confidentialft.
3.5.3.1 Consultant will be providing certain proprietary documents, materials, written program guidelines, policies and procedures, program implementation forms, and a web -based grants management system, (collectively the "Materials") for use by the City pursuant to this Agreement. The ownership of all of the Materials shall remain exclusively with Consultant; provided, however, that the City shall have the right to use the Materials during the term of this Agreement and after the expiration or termination of this Agreement. For the purposes of this Agreement, the Cit)(s right to use the Materials includes the right to appropriately disclose the Materials pursuant the California Public Records Act (Gov. Code § 7920.000, et seq.), or as otherwise required by law. Nothing herein shall grant the City any right, title, or interest in Consultants protected Materials, other than as provided herein. At no time during or after the term of this Agreement shall City challenge or assist other's to challenge the registration thereof or attempt to register any materials that would infringe upon those of Consultant. If requested to do so, and when provided a copy of relevant federal copyright or trademark registration(s), the City agrees to legibly and durably affix to such Materials, notices in compliance with applicable copyright and trademark laws, including but not limited to the use of the symbol "Vor similar symbols. The City shall use reasonable efforts to notify Consultant in writing of any actual or potential infringement of the Materials of which the City becomes aware. Any new use, modification, or enhancement of the Materials or any variation thereof by Consultant, shall belong exclusively to Consultant.
3.5.3.2 Confidentia [ity. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant.
Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential.
Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
3.5.4 Coogeration: Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.5 AttorneVs-Fees. In the event of any litigation, whether in a court of law, administrative hearing, arbitration, or otherwise, arising from or related to this Agreement of the services provided under this Agreement, the prevailing party shall be entitled to recover from the non -prevailing party all reasonable costs incurred, including staff time, court costs, aftomeys'fees and all other related expenses in such litigation. 11 3.5.6 Indemnification.
3.5.6.1 General Indemnification. Except as provided in subdivision
3.5.6.2 below which is applicable to "design professionals" only, Consultant shall defend (with counsel acceptable to City), indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged negligent acts, errors, omissions or willful misconduct of Consultant, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorneys' fees and other related costs and expenses. The Consultants duty to indemnify shall extend to any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity that Consultant and/or its personnel are employees of the City, have been misclassified as an independent contractors, or failed to pay any or all necessary state or federal withholdings and/or taxes. Consultant shall defend, at Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Consultant shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, and agents or volunteers. Consultant shall not be obligated to defend, indemnify or hold the City harmless in any manner whatsoever for any claims or liability arising solely out of the City's own negligent acts, errors or omissions or willful misconduct.
3.5.6.2 Design Professionals. The provisions of this subdivision
3.5.6.2 shall apply only in the event that Consultant is a "design professional" within the meaning of California Civil Code section 2782.8(c). If Consultant is a "design professional" within the meaning of Section 2782.8(c), then, notwithstanding subdivision 3.5.6.1 above, to the fullest extent permitted by law (including, without limitation, Civil Code sections 2782 and 2782.6), Consultant shall defend (with legal counsel reasonably acceptable to City), indemnify and hold harmless City and City's officers, officials, employees, volunteers and agents from and against any Claim that arises out of, pertains to, or relates to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Consultant, any subconsultant, subcontractor or any other person directly or indirectly employed by them, or any person that any of them control, arising out of Consultant's performance of any task or service for or on behalf of City under this Agreement. The Consultant's duty to indemnify shall extend to any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity that 12 Consultant and/or its personnel are employees of the City, have been misclassified as an independent contractors, or failed to pay any or all necessary state or federal withholdings and/or taxes. Such obligations to defend, hold harmless and indemnify City or any City officers, officials, employees or volunteers shall not apply to the extent that such Claims are caused in part by the sole active negligence or willful misconduct of City or such City officers, officials, employees, volunteers and agents. Consultant's cost to defend City and/or Citys officers, officials, employees or volunteers against any such Claim shall not exceed Consultant's proportionate percentage of fault With respect to that Claim; however, pursuant to Civil Code section 2782.8(a), in the event that one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, Consultant shall meet and confer with City (and, if applicable, other parties) regarding any unpaid defense costs. To the extent Consultant has a duty to indemnify City or any City officers, officials, employees, volunteers and/or agents under this subdivision 3.5.6.2, Consultant shall be responsible for all incidental and consequential damages resulting directly or indirectly, in whole or in part, from Consultants negligence, recklessness or willful misconduct.
3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements.
3.5.8 Governinq Law. This Agreement shall be governed by the laws of the State of California. Venue shall be the courts in Los Angeles County.
3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.5.10 CjYs Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.
3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.5.12 Assimment or Transfer. Neither party shall assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the other party. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.5.13 Construction; Referencw Cap
- bons. Since the Parties or their agents
have participated fulFY in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subcontractors of Consultant, except as otherwise specified in this Agreement.
All references to City include its elected officials, officers, employees, agents and volunteers 13 except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.5.14 Amendment: modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
3.5.16 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.5.17 Invalidity: Severabilily. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.5.19 Equal Opporturifty Employmen . Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of any City Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self- insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 14 3.5.21 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.5.22 Counterparts. This Agreement may be executed in counterparts, each of which shall constitute one and the same instrument.
3.5.23 Effect of Conflict.
In the event of any conflict, inconsistency, or incongruity between any provision of this Agreement, any of its exhibits, attachments, purchase order, or notice to proceed, the provisions of this Agreement will govern and control.
3.6 Subcontracting.
3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Consultant shall require and verify that all subcontractors maintain insurance meeting all of the requirements set forth in this Agreement. Consultant shall ensure that City is an additional insured as required in Section 3.2.10.4. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 15 CITY OF DOWNEY,
a California municipal corporation
and charter city
By: By:
Mayor4"' V
Its:
Attest. Attest:
Approved as to Form:
MDG ASSOCIATES INC.,
a California Comoration
E. Muhoz
Fow
Secretary
Approved as to Fon77:
1-6944A�j"*A�
(Ah&A;w City Attorney 1,(A7 Legal Counsel
0119.123859
16 EXHIBIT "A"
SCOPE OF SERVICES
A. CDBG Administrative Services
1. Provide general CDBG Administrative Services and sub -recipient technical support. Review and process invoices.
2. Develop, implement and administer eligible CDBG programs.
3. Provide annual sub -recipient monitoring at their place of business, prepare monitoring letters and complete follow up activities as needed.
4. Assist City staff in maintaining information on the Integrated Disbursement and Information System ("IDIS").
5. Review and input sub -recipient quartedy reports into IDIS.
6. Represent the City at community meetings, City Council, meetings with City staff, or workshops as needed or directed.
7. Facilitate communication between the City and HUD.
8. Ensure public works projects using CDBG funds comply with CDBG regulations.
9. Review applications and projects for compliance with the National Environmental Policy Act (-NEPA-).
10. Prepare all required HUD reports.
11. Develop and update Federal regulations policy/procedures manuals as necessary.
12. Prepare and submit to the appropriate entity the following plans:
a. Annual Action Plan including Amendments
b. Consolidated Annual Performance and Evaluation Report
13. Prepare and implement all public outreach programs and public participation under the CDBG program as necessary.
14. Provide technical assistance to City staff operating the Housing Rehabilitation Program in compliance with HUD and City policies and procedures, including but not limited to application review and approval, inspections, development of work description, coordination of bid and contract award, development of funding agreement and contractor agreement, construction management, file and document management, and payment processing.
15. Any associated community Planning and Development duties as assigned by Economic Development and Housing Manager and Community Development Director.
B. HOME Administrative Services
1 . Provide general HOME Administrative Services and technical support.
2. Assist City staff in the development and implementation of eligible HOME activities.
3. Assist City staff with annual affordable housing monitoring to ensure compliance with restrictive affordability covenants during the period of affordability.
4. Assist City staff in maintaining information on all HOME activities in IDIS.
5. Provide technical assistance to City staff operating the Housing Rehabilitation Program in compliance with HUD and City policies and procedures, including but not limited to applicafion review and approval, inspections, development of work description, coordination of bid and contract award, development of funding agreement and contractor agreement, construction management, file and document management, and payment processing.
6. Monitor HOME commitment, Community Housing Development Organization ("CHDO") reservation, and disbursement deadlines. Provide recommendations to City staff on activity planning to ensure compliance with all HOME program deadlines.
7. Review activities for compliance with the National Environmental Policy Act ("NEPA").
8. Prepare all required HUD reports.
9. Develop and/or update HOME policies and procedures to conform with any/all updates to the HOME regulations.
C. Preparation of the 2025-2029 Consolidated Plan
1 . Prepare a revised Citizen Participation Plan in conformance with 24 CFR Part 91 regulatory changes since 2013.
2. Prepare for City review a comprehensive consultation and citizen participation process for the development of the Consolidated Plan consistent with 24 CFR Part 91 regulatory changes since 2013.
3. Plan and execute community meetings (minimum of two).
4. Design and implement a community -wide survey to determine priority needs for the CDBG, HOME, and other HUD programs.
5. Research, gather and interpret data as required and make recommendations to the City for 2025-2029 Strategic Plan Goals.
6. Develop the Consolidated Plan document in IDIS as required by HUD, inclusive of CPD Maps and all required tables.
7. Provide all other services necessary to submit the 2025-2029 Consolidated Plan to HUD.
D. Preparation of the 2025-2029 Analysis of Impediments to Fair Housing 1 . Plan and execute Citizen Participation and Consultation actions as required by 24 CFR Part
91. 2. Design and implement a community -wide survey to determine fair housing issues and opportunities.
3. Research, gather and interpret data as required to determine if prior -identified impediments to fair housing choice have been resolved.
4. Develop the Assessment of Fair Housing document in conformance with HUD regulations using the HUD Assessment of Fair Housing online system.
5. Analysis of Impediments to Fair Housing.
6. Provide all other services necessary to submit the 2025-2029 Assessment of Fair Housing to HUD.
E. Assist with Davis Bacon Prevailing Wage Monitoring
1 . Prepare labor compliance documents
2. Facilitate Labor Compliance Pre -Construction Mtg Determine contract wage rate.
3. Obtain all apprentice documentation.
4. Set up labor standards enforcement files.
5. Ensure completeness of all required labor compliance documents,
6. Complete additional contractor verifications for those that have expired (CSLB, DI R and SAM).
7. Interview contractor, sub and unlisted service providers.
8. Verify job postings.
9� Cross reference interviews against CPRs.
10. Review certified payrolls from contractors and subs. Review apprentice certs and compliance with wage scales and ratios as prescribed by the apprentice program.
11. Prepare due process notifications to contractors of violations.
12. Provide technical assistance to contractors as necessary to resolve all findings prior to release of retention.
F. Other HUD Programs
1. Provide general administration and technical support services for all other HUD Programs/Grants as funding is awarded or becomes available. 4 EXHIBIT "B"
COMPENSATION
'4i_0URLY__ HOURLY HOURLY HOURLY
STAFF PERSON RATES RATES RATES RATES
Title July 1, 2023 - July 1, 2024 - July 1, 2025 - July 1, 2026 - June 30. 2024 -June 30, 2025- June 30,2026 June 30, 2027 PresidentfSr Vice President $128.00 $131M0 $134-00 $13T50 Vice President $12Z00 $12U0 $128.00 $131.00
Director $117.00 $120�00 $123.00 $126.00
Manager $111.50 $114.50 $117.50 $120.00
Senior Associate $105.50 $108.00 $111.00 $114.00
Associate $95-00 $97.50 $100.00 $10150
Senior Project Assistant $7&00 $80.00 $82.00 $84�00
Project Assistant $73.00 $75�00 $77.00 $79.00
$52.50 $54MO $55.50
For the Consolidated Plan and Analysis of Impediments components, MDG proposes to bill the project lump sum price.
Consolidated Plan, I sT Year Action Plan & Analysis of Impediments to Fair Housing Choice Based on the proposed scope of work noted in the RFP, MDG proposes to complete the 2025- 2029 Consolidated Plan, 111 Year Action Plan, Citizen Participation Plan, and the 2025-2029 Analysis of Impediments to Fair Housing Choice for a total lump sum fixed Price of $49,750.00 as delineated by task, personnel, and task cost tables below.
Five -Year Planning Documents
Program Years 2025 - 2029
Wor* to be performed from MY 1, 2024 — MaY 15, 202-5
Component Not -to -Exceed
2025-2029 Consolidated Plan $29,250
2025-2029 Analysis of Impediments to Fair Housing Choice $ 20,500 L____�u �pSum �prica......� $ �49.7_5�0
REIMBURSABLE ITEMS
Project Supplies At Cost plus 10% surcharge (when applicable) Prints/Reproductions At Cost plus 10% surcharge (when applicable) Postage and Delivery At Cost plus 10% surcharge (when applicable)
AMENDMENT NO. 1 TO
PROFESSIONAL SERVICES AGREEMENT
THIS AMENDMENT No. 1 ("Amendment") is entered into this 12th day of December, 2023, by and between the City of Downey, a California municipal corporation and charter city ("City") with its principal place of business at 11111 Brookshire Avenue, Downey, CA 90241 and MDG Associates, Inc., a California Corporation, ("Consultant") with its principal place of business at 0722 Arrow Route, Suite 822, Rancho Cucamonga, California 91730. City and Consultant are sometimes individually referred to as the "Party" and collectively as the "Parties".
WHEREAS, City and Consultant entered into an Agreement for Professional Services ("Agreement") on May 9, 2023 for CDBG, HOME, and HUD Administrative Services as more specifically described in Exhibit A of original Agreement; WHEREAS, the parties desire to make certain amendments to the Agreement asset forth herein; and
WHEREAS, the Parties intend to be bound by the terms and provisions of the Agreement as it is amended herein.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, the Parties agree as follows:
Section 1. AMENDMENT(S).
A. City and Consultant hereby amend Section 2.1 of the agreement to read as follows:
Consultant desires to perform and assume responsibility for the provision of certain professional CDl3G, HOME, HUD, and PLHA Administration Services required by City on the terms and conditions set forth in this Agreement. Consultant represents that it has demonstrated competence and experience in providing CDBG, HOME, HUD, and PLHA Administration Services to public clients, is licensed in the State of California, and is familiar with the plans of City.
B. City and Consultant hereby amend Section 2.2 of the agreement to read as follows:
City desires to engage Consultant to render such services for the CDl3G, HOME, HUD, and PLHA Administration Services project ("Project") as set forth in this Agreement.
C. City and Consultant hereby amend Section 3.1.1 of the agreement to read as follows:
General Scope of Services. Consultant promises and agrees to furnish to City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional CDBG, HOME, HUD, and PLHA Administration Attachment "B"
Services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
D. City and Consultant hereby amend Section 3.3.1 of the agreement to read as follows:
Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the hourly rates for each staff position, except for FY 24-25 during which time a lump sum compensation for the development of the City's Five -Year Consolidated Plan ($29,250) and Analysis of Impediments to Fair Housing Choice ($20,500) for the total amount of $49,750 shall be paid, as provided in Exhibit "B" of the Consultant's proposal dated February 17, 2023, attached hereto and incorporated herein by reference, for a total contract price not to exceed One Million, Four Hundred Five Thousand, Nine Hundred Ninety - Eight Dollars 001100 ($1,405,998.00), unless specifically approved in advance and in writing by the City Manager. Extra Work may be authorized, as described below, and if authorized, said Extra Work will be compensated at the rates and manner set forth in this Agreement.
E. City and Consultant hereby amend Exhibit "A" of the agreement to add the following section to page 4 of said exhibit:
G. Permanent Local Housing Allocation Program (PLHA) Administrative Services
1. Provide general administration, reporting, monitoring, and technical support services for the PLHA Program as funding is awarded or becomes available.
2. Facilitate communication between the City and State of California.
3. Prepare and submit any amendments to the PLHA 5-year Plan.
Section2. The rights, obligations and fees of the Parties under the Agreement shall not otherwise be amended, altered or revised except as expressly provided for herein and all other terms of the Agreement shall remain in full force and effect.
Section 3. This Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument.
TO EFFECTUATE THIS AMENDMENT, the Parties have caused their duly authorized representatives to execute this Amendment to the Agreement on the dates set forth below.
City: City of Downey
11 Roger Bradley, City Manager
Date:
ATTEST:
Maria Alicia Duarte, CMC
City Clerk
APPROVED AS TO FORM:
qV4 0&. -F."A
i6fin Funk, City Attorney
Consultant: MDG Associates Inc, a
California Corporation
By:
Date:
TO EFFECTUATE THIS AMENDMENT, the Parties have caused their duly authorized representatives to execute this Amendment to the Agreement on the dates set forth below.
City: City of Downey Consultant: MDG Associates Inc, a
California Corvoration /
in
Al
Roger Bradley, City Manager
=9
ATTEST:
Maria Alicia Duarte, CMC
City Clerk
APPROVED AS TO FORM:
W
Date-