AGREEMENT FOR COMMUNITY DEV LOPM : NT BLOCK GRANT I
ADMINISTRATIVE SERVICES WITH MICHA L BAKER INTERNATIONAL, INC.
THIS AGREEMENT-entered into this 1st ay of J ly, 2021, between the City of Hawaiian Gardens (hereinafter referred to as "Cl ") an ! Michael Baker International, Inc. (hereinafter referred to as "CONSUL TANT").
I. DESCRIPTION OF WORK
CONSUL TANT shall provide professional service in the administration of the CITY's Community Development Block Grant P ogram. \ The specific services to be provided by CONSULTANT in administering the p ogram shall be as determined by the City Manager and the CONSULTANT. The CO SULTA~ T shall perform all work in compliance with all applicable federal and state st tutes, r gulations and procedures.
II. TIME OF PERFORMANCE
All services required pursuant to this AGR EMEN \ shall commence when and as directed by the CITY and shall be complete in ace, rdance with the timeframes stipulated by the Los Angeles County Co munity Development Commission (hereinafter referred to as "CDC").
Ill. COMPENSATION AND METHOD OF PAY
A. Fee Schedul~lJ
For services performed under this AGREEME T, CIT't' shall pay CONSULTANT on an hourly basis in accordance with the followin rate sdhedule:
Title
Pro·ect Director
B. Expenses
In connection with services performed under this GREErt1ENT, CONSUL TANT shall be reimbursed for direct out-of-pocket expenses a approved by the CITY on the basis of invoice cost.
C. Maximum Compensation
The compensation to CONSULTANT for se ices p . rformed pursuant to this AGREEMENT shall not exceed $19,855 for CDBG dminis ration during the 2021-2022 program year without prior written authorization by CITY. Maximum compensation may be reviewed annually and modified by an amen ment ei ecuted in accordance with Page1
Attachment A
provision XVII.
D. Method of Payment
The CONSUL TANT shall submit a month y invoio1e to the CITY specifying the amount due for services performed by the CONS LTANT Such invoice shall describe the services performed and specify the number o hours worked by each staff member on said services during the month. The CITY s all mak1 payment within 30 days of approval of the invoice.
IV. RESPONSIBILITIES
1. The CONSUL TANT shall be respon ible for complying with all applicable rules, regulations and procedures of the U.S. Depart ent of Housing and Urban Development and the CDC.
2. The CITY shall monitor CONS L TANT'S performance under this AGREEMENT for conformity with all applicable rul s, regulations and procedures of the U.S. Department of Housing and Urban Developm nt and the CDC.
V. TERMS OF AGREEMENT
The term of this AGREEMENT is for three 3) year from the date of execution, renewable upon mutual agreement of the parties f r two (21 additional terms of (1) year, based on performance of CONSUL TANT in ac ordance with this AGREEMENT as reasonably determined by CITY, unless terminated by CITY or CONSUL TANT pursuant to Provision VI of this AGREEMENT, or by mutual agreenient of the parties. Extension of this agreement shall be authorized by executi n of a~I amendment signed by the parties prior to the end of each current term. If the parties do not execute an amendment renewing this AGREEMENT, then thi AGRE : MENT shall terminate upon the expiration of this AGREEMENT's current term.
VI. TERMINATION OF AGREEMENT
This AGREEMENT can be terminated upon 0-days written notification by either of the parties hereto.
VII. RECORDS AND AUDITS
The CONSUL TANT shall maintain account and r. cords, including personnel, property, and financial records, adequate to identi and acbount for all costs pertaining to this AGREEMENT and such other records as ma be deJmed necessary by the CITY to assure proper accounting for all project fund and bbth federal and non-federal shares. These records will be made available for audit pLrposes to the CITY or any authorized representative, and will be retained for ive (5) I ears after the expiration of this AGREEMENT.
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VIII. EQUAL EMPLOYMENT OPPORTUNITY
During the performance of this AGREE ENT, t e CONSULTANT agrees as follows:
1. The CONSUL TANT will not disc iminate against any employee or applicant for employment because of race, cree , sex, polor, or national origin. The CONSUL TANT will take affirmative action to ens re that applicants are employed, and that employees are treated during employment, w thout regard to their race, creed, sex, color, or national origin. Such action shall includ , but ndt be limited to, the following:
employment, upgrading, demotion or transfer; r cruitme~t or recruitment advertising; layoff or termination; rates or pay or other form of cor pensation; and selection of training, including apprenticeship. The CONSUL ANT agrees to post in conspicuous places, available to employees and applicants fo employment, notices to be provided by the CITY setting forth the provision of this non-discrimin~tion clause.
2. The CONSUL TANT will, in all solicit tion or Jdvertisements for employees placed by or on behalf of the CONSUL TANT, tate thJt all qualified applicants will receive consideration for employment without r gard to race, creed, color, sex, or national origin.
3. The CONSUL TANT will cause the for going provisions to be inserted in all subcontracts for all work covered by this AGREE ENT sJ that such provisions will be binding upon each subcontractor, provided that th forego11ng provisions shall not apply to contracts or subcontracts for standard commerci I suppll s or raw materials.
4. The CONSULTANT will comply wit all pnovisions of Executive Order 11246 of September 25, 1965, and the rules, re ulation , and relevant orders of the Secretary of Labor.
5. The CONSUL TANT will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant th reto, a d will permit access to his books, records, and accounts by the CITY and th Secretary of Labor for purposes of investigation to ascertain compliance with such rule , regulJtions, and orders.
6. In the event of the CONSULTAN 's non-~ompliance with the equal opportunity clauses of this AGREEMENT, or wit any of such rules regulations, or orders, this AGREEMENT may be canceled, term nated, Jr suspended in whole or in I part and the CONSULTANT may be declared ineligible for fiurther government contracts in accordance with procedures authorized in Exec tive Ordler 11246 of September 24, 1965, and such other sanctions may be imposed and remJdies invoked as provided in Executive Order 11246 of September 24, 1965, o by ruld, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
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The CONSULTANT will include the provis ons of aragraphs (1) through (6) in every subcontract or purchase order unless exe pt by rl!J les, regulations, or orders of the Secretary of Labor issued pursuant to Secti n 204 bf Executive Order 11246 of September 24, 1965, so that such provisions will e bindi~g upon each subcontractor or vendor. The CONSUL TANT will take such actio with respect to any subcontract or purchase order as the CITY may direct as a eans 6f enforcing such provisions, including sanctions of non- compliance; provid d, ho1 ever, that in the event the CONSUL TANT becomes involved in, or in threateTed with, litigation with a subcontractor or vendor as a result of such direc ion by ~he CITY, the CONSUL TANT may request the United States to enter into such Ii igation to protect the interests of the United States.
IX. CIVIL RIGHTS ACT OF 1964 SECTI N 109 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 974 THE AGE DISCRIMINATION ACT OF 1975 AND THE REHABILITATIO ACT OF 1973.
I
During the performance of this AGREEMEN , the CCD NSUL TANT assures that no otherwise qualified person shall be excluded from particiP,ation or employment, denied program benefits, or be subjected to discrimination based Jn race, color, national origin, sex, age, or handicap, under any program or acti ity fun~ed by this AGREEMENT as required by Title VI of the Civil Rights Act of 1964, itle I o the Housing and Community Development Act of 1974, as amended, the Age Di crimin~tion Act of 1975, and Section 504 of the Rehabilitation Act of 1973 and all imple enting rj gulations.
X. "SECTION 3" COMPLIANCE IN T E PROVISION OF TRAINING
EMPLOYMENT AND BUSINESS OPPORT NITIES
1. The work to be performed under his AGk EEMENT is on a project assisted under a program providing direct fed ral fin!mcial assistance from the Department of Housing and Urban Development nd is sJbject to the requirements of Section 3 of the Housing and Urban Development ct of 1968, as amended, 12 U.S.C. 1701 u. Section 3 requires that, to the greate t exte~t feasible, opportunities for training and employment be given to lower inco e residents of the project area and contracts for work in connection with the project be awJrded to business concerns, which are located in, or owned in substantial part b perso~s residing in the area of the project.
2. The parties to this AGREEMENT will comply with the provisions of said Section 3 and the regulations issued pursuant ther to by th : Secretary of Housing and Urban Development set forth in 24 CFR 135, and II appli9able rules and orders of the Department issued thereunder prior to the executi n of this AGREEMENT. The parties to this AGREEMENT certify and agree that they are under np contract or other disability, which would prevent them from complying with thes requir ments.
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3. The CONSUL TANT will send to ea h labor prganization or representative of workers with which he has a collective barg ining agreement or other contract or understanding, if any, a notice advising the aid la~or organization or workers' representative of his commitments under this Se tion 3 d1ause and shall post copies of the notice in conspicuous places available to emp oyees Jnd applicants for employment or training.
4. The CONSUL TANT will include this ection clause in every subcontract for work in connection with the project and wil , at th direction of the CITY, take appropriate action pursuant to the subcontract up n a findi g that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 I CFR Part 135. The CONSUL TANT will not subcon ract wit any subcontractor where he has notice or knowledge that the latter has been und in violation of regulations under 24 CFR Part 135 and will not let any subcontra t unles
1 s the subcontractor has first
provided him with a preliminary statement of abili y to co ply with the requirements of these regulations.
5. Compliance with the provisions of S ction 3, ~he regulations set forth in 24 CFR part 135, and all applicable rules and orders of the q>epartment issued hereunder prior to the execution of the contract, shall be a cond'tion of the federal financial assistance provided to the project, binding upon t e CITY its successors and assigns.
Failure to fulfill these requirements shall subj ct the CITY, its contractors and subcontractors, it successors and assigns to th se san -tions specified by the grant agreement through which federal assistance is pr vided, ~nd to such sanctions as are specified by 24 CFR Part 135.
XI. NONDISCRIMINATION
1. During the performance of this AGR EMEN , CONSUL TANT and its subcontractors shall not unlawfully discriminate ag inst anx employee or applicant for employment because of race, religion, color, nationa origin, ancestry, physical handicap, medical condition, marital status, age ( ver 40), or sex. CONSUL TANT and its subcontractors shall ensure that the evaluation nd trea~1ment of their employees and applicants for employment are free of such dis rimination. CONSUL TANT and its subcontractors shall comply with the provisions oft e Fair Hmployment and Housing Act (Government Code, Section 12900 et seq.) and th applicJble regulations promulgated thereunder (California Code of Regulations, Titl 2, Seb ion 7258.0 et seq.). The applicable regulations of the Fair Employment and HousinE Commission implementing Government Code, Section 12990, set forth in Ch pter 5 : f Division 4 of Title 2 of the California Code of Regulations are incorporated i to this AGREEMENT by reference and made a part hereof as if set forth in full. CONS L TAN and its subcontractors shall give written notice of their obligations under this cla se to la or organizations with which they have a collective bargaining or other agreeme ts.
2. Section 109, Title I of the Housing nd Cor1_1munity Development Act of 1974, provides that no person shall, on the ground ce, col , r, national origin, or sex, be Page5
excluded from participation in, be denied th bene its of, or be subjected to discrimination under any program or activity fund d in wh 1, le or in part with funds made available under this Title.
3. Prohibition against discrimination n the , asis of age under the Ave Discrimination Act of 1975, or with respect to an othJrwise qualified handicapped individual, as provided in Section 504 of the Reh bilitatio I Act of 1973, shall also apply to any such program or activity.
4. The CONSUL TANT shall include the nondisc imination and compliance provisions of this clause in all subcontracts to perf rm wor , under this AGREEMENT.
XII. INTEREST OF MEMBERS OF A CITY
No member of the governing body of the Cl and o other officer, employee, or agent of the CITY, who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have a y personal financial interest, direct or indirect, in this AGREEMENT; and the ONSU TANT shall take appropriate steps to assure compliance.
XIII. LTANT AND EMPL
The CONSUL TANT agrees that any confli or pot . ntial conflict of interest shall be fully disclosed prior to execution of contract an CONSlU L TANT shall comply with all applicable federal, state and county laws and reg lations t overning conflict of interest, in accordance with 24 CFR Part 84, Sec. 84.42 an 2 CFR J. art 200.318 (c) (1) (2).
XIV. P LITICAL ACTIVITY/L BBYIN CERTIF CATI N
1. The CONSUL TANT may not conduc any ac~ivity, including any payment to any person, officer, or employee of any agency r membbr of Congress in connection with the awarding of any federal contract, gr nt, or oan, intended to influence legislation, administrative rule-making or the ele tion of candidates for public office during time compensated for under representation hat such activity is being performed as a part of the contract responsibility.
2. COUNTY LOBBY CERTIFICATION
It is understood that each person/entity/firm who1 applies for a Community Development Commission contract, and as part o that pr0cess, shall certify that they are familiar with the requirements of the Los Angel s County Code Chapter 2.160, (Los Angeles County Ordinance 93-0031) and; that all p rsons/e~tity/firms acting on behalf of the CONSUL TANT have and will comply with the Co
1 nty Code, and; that any
person/entity/firm who seeks a contract with the C mmunity Development Commission shall be disqualified there from and denied the contr ct and, \shall be liable in civil action, if any lobbyist, lobbying firm, lobbyist employer or ny other person or entity acting on Page6
behalf of the CONSUL TANT fails to comply with t e provi ions of the County Code.
XV. INDEMNIFICATION
The CONSUL TANT agrees to indemnify a d hold ~armless the CITY, its officers, and employees from ail damages, costs, or expe ses in law and equity, including costs of suit and expenses for legal services that may, t any tiJne, arise because of damage to property or injury to persons received or su red to the extent caused by any a wrongful or negligent act or omission on the part f CONS 1 L TANT or any of its officers,
employees, and subcontractors in the performanc of this Agreement.
XVI. INSURANCE
CONSUL TANT agrees to and shall at its own co t and expense procure and maintain during the term of this AGREEMENT gen ral liabi:lity insurance in an amount of not less than one million dollars ($1,000,000.00) prr occurirence and annual aggregate.
Such insurance shall be procured from an in urer a 1thorized to do business in California. CITY shall be named as an additiona insured. In addition, CONSULTANT shall obtain Worker's Compensation Insurance, co ering al of its employees as required by law, and professional liability insurance in the amount of one million dollars ($1,000,000.00) per claim and annual aggregate CONS L TANT shall provide CITY with satisfactory evidence that such insurance ha been renewed and that the required premium or premiums have been paid. Certificate of lnsu1ance shall be filed with CITY and shall contain provisions that CITY will be gi en thirty (30) days written notice in advance of cancellation of any policy of insurance.
XVII. CHANGES
The CITY may request changes in the scop of services to be performed by the CONSUL TANT under this AGREEMENT. Such hanges, including any increase or decrease in the amount of the CONSUL TANT's compe sation, which are mutually agreed upon by and between the CITY and the C NSUL T NT, shall be incorporated in written amendments to this AGREEMENT. No s ch changes shall be effective until both parties execute the applicable written amend ent.
XVIII. NOTICES
Notices to the parties shall, unless otherwis requested in writing, be sent to the CITY and the CONSUL TANT at the addresses liste below:
CITY:
City Manager
City of Hawaiian Gardens
21815 Pioneer Boulevard
Hawaiian Gardens, California 90716
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CONSUL TANT:
Michael Baker International, Inc.
3760 Kilroy Airport Way, Suite 270
Long Beach, CA 90806
XIX. OWNERSHIP OF DOCUMENTS
Documents, data, reports, graphs, map ("Worlk Product") created by the CONSUL TANT shall be considered works for ire, an as such shall become the property of the CITY. CONSUL TANT shall not u e the CITY-owned Work Product for purposes outside this AGREEMENT without the Cl 's pri I r written consent.
XX. STATUS OF CONSUL TANT
CITY agrees that it shall not, during the t rm of tihis AGREEMENT, nor for a period of one year after termination, solicit for emp oyment,\ hire or retain, whether as an employee or independent contractor, any perso who i
9 or has been employed by
CONSUL TANT. Should CITY desire to hire CONS L TAN~'S employee, CITY agrees to pay CONSULTANT equitable compensation for th loss of aid employee.
XXI. WAIVER OF CONSEQUENTIAL DAMAGE
In no event shall either CITY or CONSULT NT have any claim or right against the other, whether in contract, warranty, tort (in luding r egligence), strict liability or otherwise, for any special, indirect, incidental, or c nsequeptial damages of any kind or nature whatsoever, such as but not limited to loss f revenue, loss of profits on revenue, loss of customers or contracts, loss of use o equip~ ent or loss of data, work interruption, increased cost of work or cost of any inancing, howsoever caused, even if same were reasonably foreseeable.
XX.II. FORCE MAJEURE
In no event shall either CITY or CONSUL TANT have ny claim or right against the other for any failure of performance where such fail re of pJrtormance is caused by or is the result of causes beyond the reasonable co trol of the other party due to any occurrence commonly known as a "force majeure,' includi1g, but not limited to: acts of God; fire, flood , or other natural catastrophe; ac of any governmental body; labor dispute or shortage; national emergency; insurrecti n; riot; dr war.
XX.Ill SOURCE OF FUNDS
The parties acknowledge that the services under this ag ieement are funded through monies obtained by the City from a Community De elopm nt Block Grant.
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IN WITNESS WHEREOF, the parties ha e caused this AGREEMENT to be executed on the day and year first above written.
Date __ g/4 /2..-o'L..\ t __.-,-----
Date ----------
ATTEST:
~ e....,r~k......-'K,,.,C;..,,"'l~.-X,'[/,au
AWAIIAN GARDENS
MICHAEL BAKE, INTERNATIONAL, INC.
William H ose, Associate Vice President
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Community Developmen Commission
County of Los A geles
COUNTY LOBBYIST CODE CHAPTF R 2.160
COUNTY ORDINANCE 0. 93- 1 031
CERTIFICATI
Name of Firm: Mich rnational, Inc.
Address: 3760 Kilro Suite 270· Lon eac
State: CA Zip Code: 90806 Phone No: _5_6--f-2_0_0_--1-_5 ________ _ Acting on behalf of the above named firm, as its A thorize , Official, I make the following Certification to the County of Los Angeles and thb Community Development Commission, County of Los Angeles.
1) It is understood that each person/entity/ irm who applies for a Community Development Commission contract shall certi that they are familiar with the requirements of the Los Angeles County Code hapter s.160 (Los Angeles County Ordinance 93-0031 ); and
2) That all persons/entities/firms acting on beh If of th above named firm have and will comply with the County code; and
3) That any person /entity/firm who seek a co I tract with the Community Development Commission shall be disqualified th refrom and denied the contract, and shall be liable in civil action, if any lobbyist, lobbyin firm, lqbbyist employer or any other person or entity acting on behalf of the above amed f rm fails to comply with the provisions of the County Code.
This certification is a material representation of f ct upo which reliance was placed when this transaction was made or entered int . Subm ssion of this certification is prerequisite for making or entering into contracts with or funded by the Los Angeles County and the Community Development Commiss on, Co nty of Los Angeles.
Authorized Official:
Name: William Hoose Title: Associate Vi e Presi ent
Signature: ___________ _ Date -----t-----------
4822-2946-9497, V. 1
Attachment A
CITY OF HAWAIIAN G RDENS
A RESOLUTION OF THE CITY COUNCIL OF T
COUNTY OF LOS ANGELES, STATE OF CALIFO
BY AND BETWEEN THE CITY OF HAWAIIAN
INTERNATION TO PROVIDE ADMINISTRATIVE
DEVELOPMENT BLOCK GRANT (CDBG) PROG
2021 TO JUNE 30, 2024.
E CITY F HAWAIIAN GARDENS,
NIA, AP~ROVING AN AGREEMENT
ARDENS AND MICHAEL BAKER
ERVICBS FOR THE COMMUNITY
M FO \ THE PERIOD OF JULY 1,
WHEREAS, the City Council desires to contract for the a , ministration of the Community Development Block Grant (CDBG) Program; and
WHEREAS, Michael Baker International, Inc. h s the ex erience and ability to provide Aclministrative Services for the CDBG Program; and
NOW, THEREFORE, BE IT RESOLVED BY T E CITY COUNCIL OF THE CITY OF HAWAIIAN GARDENS AS FOLLOWS:
Section 1. The City Council of the City of Haw iian Ga ldens HEREBY authorizes the Interim City Manager to enter into a service agreement ith Michael Baker International, Inc., to provide project administration services for the CDBG pr gram yeJrs of 2021 -2024.
Section 2. The Interim City Manager is hereby di ected ani authorized to take any and all necessary actions to implement these services, includin but not limited to determining the level of service, the signing of contracts, agreements, and oth r relate documents.
Section 3. The Mayor or his/her presiding officer f the Ha aiian Gardens City Council is hereby authorized to execute this resolution indicating its passL ge and adoption by the City Council of the City of Hawaiian Gardens.
Section 4. The City Clerk shall certify to the pass ge and : doption of this Resolution and enter it into the book of original Resolutions.
PASSED, APPROVED AND ADOPTED on this 22nd da of June 021.
ATTEST:
LUIS ROA
MAYOR
A~
CITY OF HAWAIIAN G ROEN •
CITY CLERK'S OF ICE
CERTIFICA TIO
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF HAWAIIAN GARDENS )
I, u_nda Hollinswort~, Interim City Clerk of the Ci y of Hal aiian Gardens, do hereby certify that Resolution No. 019-2021 was duly a d regul rly passed and adopted by the City Council of the City of Hawaiian ardens at its meeting on this 22nd day of June 2021, by the following votes a the s me appears on file and of record in the Office of the City Clerk.
AYES:
NOES:
ABSENT:
ABSTAIN:
DEL RIO, ALVARADO, FARFAN, RO
NONE
MARAVILLA
NONE
Lind HollinSf Orth
Acti g City C erk